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3-27-17 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING MARCH 27, 2017-6:30PM AGENDA A. Approve minutes of the Commission Meeting on February 13,2017. B. Approve minutes of the Ethics Training on March 8, 2017. 2. Courtesy of Floor to Visitors A. Recognition of Kirk Hansen for his service on the Community Development Board. B. Recognition of Jerry Johnson for his service on the Board Member Review Committee. C. Recognition of Solomon Brotman for his service on the Board Member Review Committee. D. Presentation by Mayport Road Area Business Group. 3. Unfinished Business from Previous Meetings None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the New Business Account Listing and Monthly Building Department Report for February 201 7. B. Award Bid No. 1617-04 for Water Service Replacements on Cruiser Ln., Belvedere St. and Vikings Ln. in the total bid amount of $125,565.00 to TB Landmark Construction, Inc. C. Approve expending $8,000 of forfeiture funds for investigations and a vehicle purchase. 5. Committee Reports A. Beautification Natural Resource Preservation Advisory Committee. B. Board Member Review Committee. (Commissioner Stinson) 6. Action on Resolutions A. RESOLUTION 17-04 FOR ASSISTANCE 2017 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM. 7. Action on Ordinances None. 1 8. Miscellaneous Business (Discussion only) A. Request for a waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 2346 Oceanforest Drive West. B. 17-UBEX-329-Request for a use-by-exception as permitted by Section 24-63, to allow an establishment for the sale of automobiles as listed in Section 24- 111(c)(10) in the Commercial General zoning district at 580 Mayport Road. C. Tow Ordinance D. Sea Turtle Lighting Ordinance E. Proposed Police Pension Ordinance Language Changes F. Proposed General Employees' Pension Ordinance Language Changes G. Beach Access/Parking Issues (Mayor Reeves) H. Salary Administration Plan Revisions 9. City Manager Reports A. City Manager's Report B. 90-Day Calendar (April 2017 through June 2017) 10. Reports and/or requests from City Commissioners and City Attorney A. Presentation on Form-based Code Land Development Regulations (Commissioner Waters) 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 5:00PM, Friday, March 24, 2017. 2 MINUTES REGULAR CITY COMMISSION MEETING FEBRUARY 13, 2017 -6:30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mitchell E. Reeves Mayor Pro Tern John Stinson Commissioner Harding Commissioner Jimmy Hill Commissioner M. Blythe Waters Invocation and pledge to the flag City Attorney Brenna Durden City Manager Kevin Hogencamp City Clerk Donna L. Bartle Recording Secretary Joanie Bowman Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: Mayor Reeves called the meeting to order at 6:30p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. Approval of minutes A. Approve minutes of the Regular Commission Meeting on January 9, 2017. Mayor Reeves asked if there were any corr-ections to the above minutes. There were no corr-ections, so Mayor Reeves stated the minutes stand as submitted. Mayor Reeves explained the process for public comments and his plan to move Items 2B, 2C and 8A up on the agenda. 2. Courtesy of Floor to Visitors A. Presentation of checks to Neptune Beach Senior Center, DIG Local and Fitness and Character Education (FACE) Item 2A was taken out of sequence and acted on later in the meeting. B. Presentation of Citizen Hero Award to Sophia Rogers C. Presentation of Citizen Hero A ward to Ali via Waters Interim Police Chief Vic Gualillo reported the actions of Ali via Waters and Sophia Rogers and presented them both with a Citizen Hero Award, a mug and a challenge coin for assisting the Police Department. 2. Courtesy of Floor to Visitors A. Presentation of checks to Neptune Beach Senior Center, DIG Local and Fitness and Character Education (FACE) Recreation Director Timmy Johnson explained his staff report and introduced representatives Leslie Lyne from the Neptune Beach Senior Center, Jeff Wight and Devin Rich :from DIG Local and Fitness and Kirk Farber from Character Education (FACE) and presented them with a check. Representatives from each non-profit organization spoke about their program and thanked the Commission for their contribution. Agenda Item 1A March 27, 2017 February 13,2017 REGULAR COMMISSION MEETING Page2 Mayor Reeves recognized the Scout Master and Boy Scouts that were in attendance. The Scout Master explained that they were, with Troop 276 off of Hodges Blvd., working on their Citizenship in the Community Merit Badge and are there to observe tonight. Mayor Reeves recognized Kevin Brown from Fletcher High School. Mr. Brown explained that some of his students were there to speak about their research. City Clerk Bartle called each speaker to the podium. Mike Miller, 106 Myra St., Neptune Beach, volunteer with the Beaches Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal, explaining that turtles will be at risk if the proposal is passed. Chris Jorgensen, 92 W. 3rd St., thanked the Atlantic Beach Police Depmiment for promptly handling an incident that he reported. He voiced concern about the coyote sightings and was surprised to see a palm tree cut down in Tideview Park. He thanked the Public Works Department for the work that they did on the pier. He thanked Commissioner Stinson for the meeting regarding sidewalks. He also thanked Interim City Commissioner Kevin Hogencamp for doing a great job as well as Scott Williams and Don Jacobovitz. He stated he would like to see more technology employed in meetings. He suggested a program called YouNow, where you can interact, (face-to-face) from a meeting remotely. Emily Echevarria, 1100 Seagate Ave, Apt. 87, Neptune Beach, Junior at Fletcher High School, explained her research and spoke against the Sea Turtle Watch Proposal. Angela Chen, 31 Royal Palms Dr., student at Fletcher High School, explained her research and spoke against the Sea Turtle Watch Proposal. Mark Caldwell, 76 Oakwood Rd., Jacksonville Beach, spoke against the Sea Turtle Watch Proposal. Susan Hughes, 2233 Seminole Rd. Unit 12, spoke against the Sea Turtle Watch Proposal. Mary Mills, 3703 Valverde Cir., Jacksonville, volunteer for the Beaches Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal and asked citizens to help with beach cleanup and stay off the beach at night. Kevin Brown, 1833 Kings Ct., Jacksonville Beach, Teacher of Marine Science and Environmental Management, Fletcher High School, explained his credentials and experiences and spoke against the Sea Turtle Watch Proposal. Laura Lewis, 140 Summer Tree Ct., Ponte Vedra Beach, Director and Project Manager for the Beaches Sea Turtle Patrol, explained the organization and spoke against the Sea Tmile Watch Proposal. She read an email from Jennifer Bums with Beaches Sea Turtle Patrol (which is attached and made part of this Official Record as Attachment A). Teri Methvin, 208 Driftwood Rd., Neptune Beach, volunteer for the Beach Sea Turtle Patrol, spoke against the Sea Turtle Watch Proposal. City Clerk Bartle read the names and comments from the citizens who did not want to speak as follows: Kevin Bodge, 2618 Herschel St., was unable to attend the meeting but wanted his email read for the record. Ms. Bartle read the last paragraph of his email (which is attached and made part of this Official Record as Attachment B). Agenda Item 1A March 27, 2017 February 13, 2017 REGULAR COMMISSION MEETING Page 3 Paula O'Bannon, 304 1st St., against variances for Atlantic Beach lots and wants builders to be required to build within the limits, no exceptions. Les Methvin, 208 Driftwood Rd., against the Sea Turtle Watch Proposal. No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to Visitors. Mayor Reeves explained that Item 8A, Sea Turtle Watch Proposal, is on the agenda for discussion only and no action will be taken tonight. Commissioner Hill explained why he put the item on the agenda and agreed that education is the key to the survival of this species. He believed the sea turtle concern is not a City of Atlantic Beach issue but a community issue and that Florida Fish and Wildlife Conservation Commission (FWC) regulates this. Commissioner Waters agreed with Commissioner Hill that the FWC regulates this and spoke about the importance of c-ommunity education relating to sea turtles. She was not in support of advancing a Sea Turtle Watch Proposal but was interested in potentially looking into hosting an education grant process. Commissioner Stinson spoke ·about educational opportunities. He suggested that residents who have an interest in sea turtles become volunteers with the Beaches Sea Turtle Patrol. He expressed the need for an education program and a lighting ordinance and shared a letter that he received in opposition ofthe Sea Turtle Watch Proposal (which is attached and made part of this Official Record as Attachment C). Commissioner Harding agreed with the need for education on wildlife. He applauded the citizens who drafted this proposal but believes the decision should be made by staff, not the Commission. Interim City Manager Kevin Hogencamp explained that Lou Catania requested to give a presentation tonight. Lou Catania expressed concern and disappointment that his proposal was misrepresented. He indicated it is not a proposal for interaction with turtles; it is an educational program for our community. Interim City Manager Kevin Hogencamp stated that unless the City Commission deemed otherwise, this issue is being handled administratively. He reported that the Cultural Arts and Recreation Advisory Committee unanimously rejected Mr. Catania's proposal and so did he and explained why. He acknowledged the opinions from the experts and others and pledged the City's direct support and direct involvement in the sea turtle education forthcoming. He believes the City can do a better job working with the Beaches Sea Turtle Patrol and providing sea turtle education. Mayor Reeves spoke in favor of an educational program for sea turtles, dunes and vegetation. He expressed his disappointment in a statement made by the Beaches Sea Turtle Patrol about possibly withdrawing the permit and pointed out that the turtles would be hurt by it. He also spoke in favor of having a lighting ordinance. Mayor Reeves explained the Commission should decide whether to give this item back to the City Manager or move it to a future meeting for discussion. Commissioner Hill expressed concern about the management of control and resources relating to the Beaches Sea Turtle Patrol and citizen interaction. He also commended the citizens for their effort and believes education is the key to the change. Agenda Item 1A March 27, 2017 February 13,2017 REGULAR COMMISSION MEETING Page 4 Commissioner Stinson offered to provide a copy of the letter he received from the Florida Fish and Wildlife Conservation Commission to the Atlantic Beach Sea Turtle Watch group. He recommended that the Commission come to a consensus to bring back a lighting ordinance. Commissioner Waters spoke in suppmi of bringing back a lighting ordinance in the near future. She thanked Mr. Silver and Mr. Catania for asking for support in educating the community about sea tmiles. Commissioner Waters explained the educational opportunities and thanked everyone who emailed, wrote and spoke in regards to this issue. Commissioner Harding spoke in favor of an educational program and a lighting ordinance. Mayor Reeves explained the consensus is that the Interim City Manager get with the City Attorney to bring back a lighting ordinance and present some type of educational program for the community. Commissioner Hill spoke about the importance of letting the beach:front residents know that they are not going to load them up with a tremendous financial burden. Commissioner Stinson explained that he learned from the FWC that a beach lighting survey will need to be done before the beach restoration work can be done. The Consensus was to direct Interim City Manager Hogencamp to work with City Attorney Durden to bring back a lighting ordinance and present an educational program. (Mayor Reeves called for a recess at 7:57p.m. and reconvened the meeting at 8:04p.m.) 3. Unfinished Business from Previous Meetings A. City Manager Position Description and Weighted Matrix Interim City Manager Kevin Hogencamp explained Ms. Berry's report and recommendation. Motion: Approve the proposed Job Description for the City Manager position. Moved by Waters, Seconded by Harding Commissioner Hill asked Mr. Hogencamp whether he is comfortable about it being obtainable and ifthere is a contingency plan if we do not get qualified candidates. Mr. Hogencamp stated that he is comfortable with it based on his knowledge of this profession and on the advice of Human Resource Director Cathy Berry. He explained he is very confident that it will bring a candidate pool of finalists that would do well in the position. Commissioner Waters commended Human Resource Director Cathy Berry on her efforts. Mayor Reeves commented that the City is in good hands with Interim City Manager Hogencamp. Roll Call Votes: Aye: - 5 Harding, Hill, Stinson, Waters, Reeves Nay: -0 MOTION CARRIED B. Proposed Towing Ordinance Agenda Item 1A March 27, 2017 February 13, 2017 REGULAR COMMISSION MEETING Page 5 Interim City Manager Kevin Hogencamp explained that the Towing Ordinance should have been on the January 23rd agenda, but he just began reviewing it closely and would like to present it for consideration on the March 27th agenda, if not sooner. Mayor Reeves suggested looking into a new ordinance that was passed by the City of Jacksonville regarding tow trucks. Mr. Hogencamp agreed to have Interim Chief Gualillo follow up on it. Commissioner Stinson reminded Mr. Hogencamp that there should also be a recommendation for salary administration consideration regarding the employees that served over twenty years that were topped out in their pay range. Mr. Hogencamp stated that he would follow up on that item. 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 Financial Report and New Business Listing for December 2016. City Clerk Bartle read the consent agenda. Mayor Reeves asked if any Commissioner would like to pull the item from the consent agenda. The item was not pulled, so there was no discussion. Votes: Harding, Hill, Stinson, Waters, Reeves Aye: -5 Nay: -0 MOTION CARRIED 5. Committee Reports There were no Committee Reports. 6. Action on Resolutions There were no Resolutions. 7. Action on Ordinances A. Ordinance No. 20-17-142, Public Hearing and Final Reading 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 EFFECTNE DATE. City Clerk Bartle read the Ordinance by title only. Finance Director Russell Caffey explained Ordinance No. 20-17-142. Mayor Reeves opened the public hearing. No one from the audience spoke, so Mayor Reeves closed the public hearing. Agenda Item 1A March 27, 2017 February 13, 2017 REGULAR COMMISSION MEETING Motion: Approve Ordinance No. 20-17-142 on final reading. Moved by Harding, Seconded by Stinson There was no Discussion. Votes: Harding, Hill, Stinson, Waters, Reeves Aye: -5 Nay: -0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Sea Turtle Watch Proposal (Commissioner Hill) (Item 8A was taken out of sequence and acted on earlier in the meeting.) Page 6 B. Request for a Waiver from City Code Section 19-7 Driveway Limitations to Allow a Circular Driveway at 1661 Park Terrace East. Public Works Director Don Jacobovitz explained the Waiver Request and asked the applicant to explain why he would like the waiver. Barney Ketteringham, owner of 1661 Park Terrace East, explained the reason for the waiver request. Commissioner Waters stated that she had no objections to this waiver. She commented about code review and revisions in consideration of variances. The Consensus was to move this item forward for action at the next meeting. C. Proposed Budget Modification Ordinance to fund Public Safety Building Project Change Order. Finance Director Russell Caffey explained the proposed ordinance. Mayor Reeves recommended adding an additional $40,000.00 to the budget for the Public Safety Building Project for other things that may need to be done without having to come back to the Commission. Commissioner Hill spoke in support of additional funds. Commissioner Stinson expressed concem about adding money without identifying what the increase is for. He asked Mr. Hogencamp if he anticipates needing additional money for the project. Mr. Hogencamp stated that he believes they would be able to stay within the contingency but with some of the landscaping issues, they may need to look outside of the Public Safety Building budget for funding. Commissioner Stinson stated that he prefers taking requests one-by-one as they .come. Mayor Reeves inquired as to the number of readings the Ordinance would require. City Attomey Brenna Durden advised that it requires two readings and with one being a public hearing. The Consensus was to move this item forward to the next meeting. Agenda Item 1A March 27, 2017 February 13, 2017 REGULAR COMMISSION MEETING Page 7 D. 16-SPPR-269-Request for plat approval as required by Chapter 24, A1iicle 4 of the Code of Ordinances at Selva Marina Unit 1, Parts of Lots 28 and 29 (aka 1251 Selva Marina Circle). Planner Derek Reeves presented slides as he explained his staff report. Jeremy Hubsch, 1733 9th St. North Jacksonville Beach, agent for the owner, explained the purpose of the request. Conunissioner Stinson conunented that the neighbors are in support of this plat approval. Planner Reeves answered questions regarding noticing requirements for plats. Conunissioner Hill stated that he is opposed to the plat approval based on density. Conunissioner Waters expressed concem about densification, but explained unless there are neighbors objecting, she cannot find grounds to vote against it. Planner Derek Reeves answered questions about the approval process. Commissioner Stinson spoke about the balance of additional density versus very large homes. Discussion ensued about the size of the structure and whether or not the size could be restricted. Planner Reeves reconunended, rather than restricting the size, creating or enforcing larger setbacks. He explained they already have a platted building restriction line in the front and suggested building restriction lines for the side and rear yards which would restrict the development area. Commissioner Hill inquired about the impact on old growth oak trees in the proposed plan. Planner Reeves stated that there is one large tree on the lot in front of the house that could potentially be saved. The Consensus was to move this item forward. 9. City Manager Reports A. City Manager's Report Mr. Hogencamp explained that there are updates on various activities and announcements in his written report. He reported that the City has taken the University of Florida up on its offer to come to our conununity and research perceptions and attitudes about the existence of coyotes in urban environments. He referred to the calendar and explained that the Focus Group meeting has been moved from February 22 to February 21. He explained his plans to solicit residents to participate. Conunissioner Stinson asked for an update on the Police Chief position. Mr. Hogencamp gave an update and explained that he plans to bring a candidate to the Conunission for their consideration in March. Mayor Reeves asked for an update on when the construction fence for the Police Building can be moved and the sidewalk be opened. Mr. Hogencamp mentioned that the sidewalk on Seminole Road is currently open and within the next week, the Plaza sidewalk should be opened as well. Conunissioner Hill expressed concem about the sidewalk in the front of the Police building on Seminole Agenda Item 1A March 27, 2017 February 13,2017 REGULAR COMMISSION MEETING Page 8 Road being very narrow and requested putting the sidewalk back using the bike path type standards. Mr. Hogencamp explained the topic has been a subject of discussion and he will do what he can to address his concerns. Mayor Reeves shared that he had received input from citizens regarding grants and explained his suggestion to have a grant program in the future for contributing money to organizations. Commissioner Hill spoke about his idea regarding the implementation of a policy and agrees it would be a good idea. B. 90-Day Calendar (February 2017 through April2017) Mr. Hogencamp explained that the 90-Day Calendar is submitted for approval with the change that the Focus Group meeting will be held on February 21 as mentioned earlier and the FWC Presentation on Coyote Information meeting will remain as scheduled on the Calendar for February 22. Mayor Reeves explained the need to have a neighborhood block meeting regarding the 3rd Street walkover project and the intent to notice it as a public meeting. Commissioner Hill spoke about needing a policy. Mayor Reeves further explained the purpose of holding the meeting. Mr. Hogencamp liked the idea of holding a meeting to allow for healthy community discussions and agreed that a policy should be developed. There was a discussion about the concerns of citizens expressed through emails and phone calls. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney • Thanked the Commission members for meeting with her since the last Commission meeting and reminded the Commission about the Ethics Training that will be held on March gth fi:om 3:30p.m. to 7:30p.m. in the Commission Chamber. Commissioner Harding • Wished everyone a Happy Valentine's Day tomorrow. • Informed everyone that he would be attending the League of Cities dinner in Starke on Thursday. Commissioner Waters • Commented that the DIGS Market is a lovely market. She explained that, not only do they bring local and sustainable food into the neighborhood, they also participate in a program that doubles SNAP and EBT dollars for all their purchases and are making an effort to move food into a neighborhood that does not have walkability to grocery stores anymore. She encouraged everyone to visit the opening this Friday. • Wished everyone a Happy Valentine's Day. Commissioner Hill • Offered condolences to Mr. Hogencamp for his loss. Commissioner Stinson • Spoke about the importance of considering sending the sea turtle education project out to the Cultural Arts and Recreation Advisory Committee. • Thanked the Atlantic Beach Police Department for assisting a ten-year old in completing a science Agenda Item 1A March 27, 2017 February 13, 2017 REGULAR COMMISSION MEETING Page 9 project studying fingerprints and for the tour of the police department. He also thanked them for their focus on the four-way stop signs on the major thoroughfares. • Spoke about the upcoming expiration of the moratorium on service stations and requested some movement on the issue. • Reminded everyone that Atlantic Beach Elementary asked for the Commissions presence at the Dolphin Dash on March 16th. • Thanked Mr. Hogencamp, Mr. Jacobovitz and Mr. Williams for meeting with a resident regarding sidewalks. • Mr. Stinson asked that everyone encourage candidates who they think might fit on one of the committees, to submit an application. • Repmied plans to bring back recommendations on how to improve the recruitment process. • Wished everyone a Happy Valentine's Day. Mayor Reeves • Reported that he attended the Beaches Watch meeting with Senator Bean and Representative Byrd and thanked City Manager Mr. Hogencamp and Commissioner Stinson for being there. • Informed everyone that he will be attending the Chamber of Commerce luncheon in regards to the same program on March 9th. • Reported on a meeting he had at the port with Governor Scott and the Interim DOT Secretary. He explained he had an open discussion and shared some of Commissioner Hill's and resident's traffic issues and the DOT agreed to observe Mayport Road and the flyover and hopefully find ways to improve it. • Attended the Douglas Anderson School of the Arts event and was amazed at how talented the students are. • Reported on the conversation he had with the President of the City Council regarding Johnston Island. • Reported on a meeting he had with JT A and their consultant Jim Gilmore to discuss the possibility of building a shelter for a bus stop by the Home Plate Diner and creating bus cut outs in the road on Mayport Road and Atlantic Boulevard. • Mentioned a card he received from Governor Scott. • Commended Mr. Hogencamp for his reports, for attending City events and for making his job a lot easier. He thanked Commissioner Waters for suggesting him to the Commission. Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:06p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer Agenda Item 1A March 27, 2017 ATTACHMENT A FEBRUARY 13,2017 l Good afternoon. Because I am unable to attend the meeting, attached please find the letter that I sent to most of I you in December detailing the reasons that Beaches Sea Turtle Patrol is opposed to the turtle watch proposal. .'1 / A major talking point of the proponents is that the FWC Marine Turtle Conservation Guidelines do not specifically prohibit the type of activity being proposed. While that may be so, in the literal sense, the underlying message of the guidelines is to "do no harm". I I I It is very important to note that the guidelines are just the foundation of what our protocols are based upon. FWC communicates directly with the marine tmile permit holders throughout the entire year via conferences, newsletters, phone calls and emails that the volunteers themselves do not receive. The permit holder is then expected to take this information back to their volunteers and ensure that the directives are properly implemented. One example of this is the email from Meghan Koperski that is quoted on page 2 and 3 of the attached letter. Even when this information was passed along to Mr. Catania he chose to disregard it simply because it was not specifically stated in the guidelines. Thank you for your kind attention to this matter. Respectfully, Jennifer Burns Marine Turtle Permit Holder 3 I I I I ! I I I 1 ~ f I ! I I I f I i I I l i i I ; l ! l f ' l f I I f I f I ! l I J ! I i I I Agenda Item 1A March 27, 2017 March 8, 2017 ETHICS TRAINING Page2 covered and offered a booklet to everyone. She advised that, if there is ever a question regarding ethics, they are urged to either call her or call the Commission on Ethics directly. II. Ethics Training Video The attendees watched a training video called "FLC Continuing Education in Ethics Video Course" which was provided online by the Florida League of Cities. The following topics were covered: A. Ethics Laws -Chapter 112, Fla. Stat. -Gifts, Misuse of Public Position; Doing Business with One's Own Agency; Voting Conflicts; Financial Disclosure. During the Ethics Laws segment of the video, a break was taken from 4:50p.m. to 5:00p.m. After the Ethics Laws segment was completed, a second break was taken from 5:50p.m. to 6:00p.m. B. Sunshine Law -Chapter 286, Fla. Stat. -Open Meetings; Notice; Location and Access; Minutes; Exemptions; Public Participation; Legislative vs. Quasi-Judicial. C. Public Records Law -Chapter 119, Fla. Stat. -The Who, What, Where, When and How of Public Records Laws. Mr. Hogencamp asked the audience if there were any comments or questions, but there were none. City Attorney Durden thanked everyone for attending and reiterated how to obtain answers from either her or the Commission on Ethics. III. Adjournment and reminder about sign-in sheets The meeting adjourned at 7:25p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer Agenda Item 1B March 27, 2017 Business Account Listing Details Report generated on Mar 2, 2017 11:44:18 AM MEGA WIRELESS, LLC DBA METRO PCS Ownership Type: CORPORATION Open Date: 02/14/2017 Business Address 469 ATLANTIC BLVD UNIT OS ATLANTIC BEACH, FL 32233 THREADED CLOTHING LLC Ownership Type: CORPORATION Open Date: 02/01/2017 Business Address 1261 MAYPORT RD FL 32233 WORD REVOLT ART GALLERY Ownership Type: SOLE PROPRIETOR Open Date: 02/01/2017 Business Address 1249 MAYPORT RD FL 32233 Server Name: atlb-ponsrpOOl.atlb.cloud.lcl Primary Location Address 469 ATLANTIC BLVD UNIT OS ATLANTIC BEACH, FL 32233 Phone: (941) 706-6935 Primary Location Address 1261 MAYPORT RD ATLANTIC BEACH, FL 32233 Phone: (904) 568-8335 Primary Location Address 1249 MAYPORT LANDING CIR ATLANTIC BEACH, FL 32233 Phone: (904) 888-5502 Page 8 User Name: ATLBCLD\ATLBLAE Agenda Item 4A March 27, 2017 Permits Issued FV2016 Single Family/SF Attached 112 Duplex 1 Multi Family 1 Residential Addition 53 Commercial New 7 Commerical Addition 1 Other 2556 TOTAL 2731 ------·------ Building Department Monthly Activity Report February 2017 Building Permit Fees Construction Value FY2017 YTD FV2016 FV2017YTD FV2016 48 $130,109.23 $52,363.17 $38,690,936.00 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 19 $16,902.21 $3,928.57 $4,130,721.00 0 $6,068.85 $0.00 $2,354,105 .00 0 $140.00 $0 .00 $18,000.00 1007 $262,430.87 $102,744.06 $23,765,152.52 1074 $415,651.16 $159,035.80 $68,958,914.52 Permits Issued February 2017 ~ Inspections FY2017 YTD $16,254,109.00 Building $0.00 Plumbing $0 .00 Mechanical $628,318.00 Electrical $0.00 Roof $0.00 Other $7,445,332 .27 TOTAL $24,327,759.27 '-------------------'-:B::-u--;;ilc-;d-:-in-g--C:..-o-n-s-:-truction Value No Issued L Fees Collected February 2017 Permit Fees Single Family/SF Attached 5 $5,193.84 $1,452,945.00 Re-lnspection Fees $55.00 Duplex/ Multi-Family 0 $0.00 $0.00 State Surcharges $868 .36 Residential Addition 5 $1,474.89 $262,114.00 10% City Retained Surcharge Fees $86.84 Res. Alteration/ Other 6 $1,013.50 $142,700.00 Commercial New 0 $0 .00 $0 .00 Inspections February 2017 Commercial Addition 0 $0.00 $0.00 Comm. Alteration/ Other 1 $55.00 $800.00 Building 336 Demolition 5 $500.00 $18,000.00 Plumbing 95 Swimming Pool 5 $1,047 .15 $164,930 .00 Mechanical 75 Roof 34 $3,345.23 $310,538.22 Electrical 87 Driveway/ ROW 9 $245.00 $21,000.00 Roof 68 Fence/ Wall/ Barrier 13 $455.00 $30,478 .00 Other 6 Electrical 41 $4,044 .39 $83,570.00 TOTAL 667 Mechanical 36 $3,894.00 $145 ,136.57 Plumbing 24 $2,777.00 $25,084.89 Residential Projects to Note: Sign 2 $95.00 $24,936.00 Res. Accessory Structure 0 $0.00 $0.00 Fire 0 $0 .00 $0.00 Shed 1 $61.50 $2,300.00 Commercial Projects to Note: Other Misc. 12 $973.70 $74,735.60 TOTAL 199 $25,175.20 $2,759,268.28 FV2016 FV2017 YTD 3328 1440 919 402 817 365 1008 409 797 386 97 36 6966 3038 Agenda Item 4A March 27, 2017 Clly of Atlantic Boach Water Roplacomonts at Cruiser Ln , Belvodoro St. & VIkings Ln . March 8, 2017 BID# 1617·04 J ·OO PM Baldwin's Qualify Plumbing Grimos Utilltlos, Inc. TB Landmark T.G . Utility Company Required Documents Submission In Trlpllcato X X X X Documont Roqulromonts Checklist X X X X W·9Form X X X X Bid Form X X X X Bid Bond· 5% X X X X Drug Froo Workplace Cortiflcatlon X X X X Public Entlly Crlmos Statement X X X X Public Records Provision Form X X X X Trench Safoty Affidavit X X X X New Vondor Information Form X X X X Proof of Exporlonco • 5 years of Underground Utility X X X X Llconse • Genoral Contractor OR Undorground Uti lily X X X X Flnanclals ·Last 2 Years X X X X Insurance X X X X References • 5 X X X X Documentation of Recolpt of any Addenda X X X X Total Cost for Project+ 10% Contingency $454,591 .50 $142,514.90 $125,565.00 $217 ,867 .76 Award of Bid base d on Oe pa rlm e nl Analys is a nd Commissi on Approva l Agenda Item 4B March 27, 2017 3 /8/2017 Bid Item No . I 2 J 4 5 6 7 8 Bid 16 17-0 4 Wate r Service Re pl acements at Cru is er l n, Bel vede re St. Vikin gs l n Baldwin's Qualtlty Plumbing Grimes Utili ties TB landmark TG Utlll t Company 0£SCRIPT ION Qrv U NIT UNJT Con f lClf NOfO(OST U NIT COST ()(UNOlO(OST UNIT COST ExnHD I DCon UNIT COST hTINDID(OST Mobllization/Dcmobililalion 1 EA $88,12 1.()( $88,12 l.OC $8,600.00 $8,600.()( $11 ,880 .()( $11 ,880.()( $19,000.()( S 19.ooo.oc Cons trutt/dlrcc tiona l dr il l/jet ting new 1" Blue Po ly long w ater u~rvi ccs to Cltistlng w.,tcr me ters. 19 EA $6,700.()( $12 7,300.00 $2,693.00 $51.1 67 .()( S 1,800.0C $34,200.00 $2,000.()( $38,000C()( Cons tru ct ncwl~ Blue Poly short wa ter services to existing me ters. 23 [A $4,200.()( $9&,600.00 $1,329.00 $3 0,567.()( $900.()( $20,700.00 $1,700.()( $39.100.()( locate and abandon e:~lsllng servic es at the tap , Remove old cur b stops an d reconnect ncw services . 42 EA $1 ,780 .()( $74,760.00 $355 .00 $14,9 10.()( $475.()( $19,950.00 $660 .0< $27,710JJ( Sod rc moval01nd repliueme nt. 1200 SF $3,600.()( $4 ,320,000.00 $2.15 $2,580 .()( $1.0C $1,200.00 $13.1 $15,710.()( Conc reu?-driveways . 5'" thic.lc at 4000 PS I(mctcrs loci'ltcd In the drive way only). 180 SY $7,(,()().()( $1,368,000.00 $4 7.1X $8,460.()( $59.0C $10,620.00 $181.5 $32,670.0( Rcpl;,c~ i'l ll m ~te r boiC(!S with 11'"• l 8"x 12'" Glassma src r JEA spec compmile meter boxes and lids marked w"ter wil h TR/holes. 42 EA $252.00 S10 ,5R4 .0C $275 .()( $11 ,5SO.OC $200.00 $8,400.00 $3 57.3( $15.006.6( Cut asphal t ove r wa ter ln cul·de· sac and re -esta blis h base and sub - ba se . 150 SF $4 ,700.00 5705,000,()( $11 .5( $1,725 .0C $48.00 $7,200.00 $72.3( $10.845.()( Total $6 ,790,365.0 $129,55 9~ $114,150.00 $198,061 .60 10% Contlnse ncy $679,036.5 $12,955.90 $11 ,415.00 $19,8 06.11 Total + 10 " Con tl na ency $7,469,401 .5 $142,514.90 $125,565.00 $21 7,867.71 While verofyong bids, the following errors were found . Baldwin s Quality Plumb1ng Incorrectly calculated line Items 5, 6 & 8 by not multiplying their Unit Cost by the Quantity. Their written Extended Costs were: ns -$3,600; N6 • $7,600; and 118 -$4,700 for a Total+ Contingency of $454,591 ,50 Agenda Item 4B March 27, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Forfeiture Funds SUBMITTED BY: Victor Gualillo, Chief of Police DATE: March 16, 2017 STRATEGIC PLAN LINK: N/A BACKGROUND: Forfeiture funds are money or other valuables seized by the Police Depatiment, generally from drug cases. Florida State Statute (FSS) 932.7055 (5) (a) and (b) governs the requirements for expending those funds and requires approval from the governing body. Specifically, it states that the proceeds may not be used to meet normal operating expenses of the agency. A few of the permissible uses would be training, memberships and providing additional equipment. Under the terms of our Justice Assistance Grant for the Crime Suppression Unit (CSU), Program Generated Income (PGI) is money seized during a CSU investigation. PGI is a specific type of forfeiture funds. That money has to be put back into the CSU program and has to be approved by the Florida Depatiment of Law Enforcement (FDLE). There is currently $9015.00 ofPGI which must be expended. Staff has identified a need for the PGI and other forfeiture funds, which will enhance the effectiveness of CSU. The need exists for an additional $3,000 in confidential funds. The budgeted funds in this categoty were significantly cut this year, based on the amount needed the previous year. Often it is impossible to predict the need for confidential funds, as this is based on the ability to find individuals to work as confidential informants and purchase drugs, which ultimately leads to arrests or search warrants. In additional to the confidential funds, $20,000 was budgeted to be expended from forfeiture this year for a new CSU detective vehicle. An additional $5,000 is needed to purchase the vehicle and outfit it with interior lights. The forfeiture statute requires a request to expend the funds be made to the governing body of the municipality. It also requires a written cetiification that the request complies with the provisions of the statute. I do cetiizy that these requests comply with the provisions ofFSS 932.7055 (5) (b). BUDGET: $8,000 from the forfeiture account. $3,000 will go to confidential funds for investigations. $5,000 will be added to the already budgeted $20,000 for a CSU Detective vehicle equipped with emergency lights/siren. RECOMMENDATIONS: Staff recommends the approval to expend $8,000 of forfeiture funds for purchases as described above. ATTACHMENTS: FSS 932.7055 Agenda Item 4C March 27, 2017 The 2016 Florida Statutes abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education , or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the Agenda Item 4C March 27, 2017 The 2016 Florida Statutes expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs . The minimum requirement for expenditure or donation of forfeiture proceeds established in this ~subparagraph does not preclude expenditures or donations in excess of that amount. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided ins. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365 , as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027 , as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932. 705 (1 )(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932. 705 (1 )(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379 .338 , 379.339 , and 379.3395 or into the Marine Resources Conservation Trust Fund as provided ins. 379.337 . (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provis i ons of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205 , as applicable. Agenda Item 4C March 27, 2017 The 2016 Florida Statutes (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S .C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175 , as applicable. (j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse , neglect, and other related cases by the Medicaid Fraud Control Unit. (k) The Division of Investigative and Forensic Services in the Department of Financial Services , the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards . (l) The Di vision of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626 .9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided ins. 17.43 , as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction ove r the forfeiture proceedings shall, upon motion, equitably di stribute all proceeds and other property among the seizing agencies . (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency . (9) Neither the law enfor cement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History.-s. 5, ch. 92-54; s . 2 , ch. 92 -290; s. 21, ch. 94 -265 ; s. 479 , ch. 94-356 ; s. 5, ch. 95 -265 ; s. 72 , ch. 96-321; s . 41 , ch. 96-418 ; s . 2, ch . 98 -387; s. 3 , ch . 98-389; s. 4 , ch . 98-390 ; s . 5, ch. 98-391; s. 2 , ch. 98-392 ; s. 2 , ch . 98- 393 ; s. 2 , ch . 98-394 ; s. 61 , ch. 99-245; s. 2 , ch. 2000-147; ss. 26 , 79, ch . 2002-402; s. 1923 , ch . 2003-261; s. 37, ch. 2003-399; s. 3, ch . 2004-39 ; s. 38 , ch. 2004-234; s. 16 , ch. 2004-344 ; s. 23, ch . 2005 -3; s. 19, ch . 2005-71; s. 2 , ch . 2005-109 ; s . 5, ch . 2005 -117; s. 11, ch. 2006 -26 ; s . 20 , ch. 2006 -176 ; s. 21 , ch. 2006 -305 ; s. 7 , ch . 2007-1 4; s. 10 , ch. 2007-73 ; s. 10, ch . 2008 -153; s. 207, ch. 2008-247 ; s. 7, ch. 2009-82 ; s. 8 , ch . 2010 -153 ; s. 18 , ch. 2011 -47; s. 31, ch. Agenda Item 4C March 27, 2017 The 2016 Florida Statutes 2012-88 ; s. 15, ch. 2012-119; s. 4, ch. 2013-5; s. 12, ch . 2013-41; s. 13 , ch . 2014-43; s. 22, ch. 2014-53; s. 2, ch . 2015-7; s. 35, ch. 2015-222; s. 58, ch. 2016-62; s. 45, ch. 2016-165; s. 4 , ch. 2016-179. 1Note.-Section 58, ch . 2016-62, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 1219 and 1224 of the 2016-2017 General Appropriations Act." 2Note.-The reference was added in this flush left paragraph by s. 4, ch. 2016-179; the reference may be intended to be to subparagraph 3. Agenda Item 4C March 27, 2017 AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT SUBMITIED BY: Beautification and Natural Resource Preservation Advisory Committee report Kevin Hogencamp, Interim City Manager /VJA DATE: March 15, 2017 BACKGROUND: It was requested at the City Commission's March 13 meeting that the BNRP Advisory Committee provide a status report of its progress at the City Commission's March 27 meeting. As such, Co-Chair Judith Leroux will be on hand to present the report. Meanwhile, the Advisory Committee is scheduled to meet on Thursday, March 16; the agenda and other relevant information is attached. BUDGET: There is no apparent 2016-17 budgetary impact pertaining to the Advisory Committee. However, it is conceivable that the yet-to-be-established Standing Committee may require funding. RECOMMENDATION: To accept the BNRP Advisory Committee report ATIACHED: March 16, 2017 BNRP Advisory Committee agenda Review of BNRP Advisory Committee actions/recommendations to date Nov. 8, 2016 BNRP Advisory Committee staff report prepared by Commissioner John Stinson (minus the original attachments) Agenda Item 5A March 27, 2017 Beautification and Natural Resource Preservation Advisory Committee 6:30 p.m. March 16, 2017 Agenda 1. Discussion regarding Dec. 19, 2016 minutes (J. Leroux) 2. Approval of Jan. 30, 2017 minutes 3. Review of BNRPAC actions/recommendations to date (J. Leroux) 4. March 27 report to City Commission (J. Leroux) 5. The Exercise: Priority Setting-Group Session (L. Lanier) 6. Establish upcoming meeting dates (proposed times/dates: 6:30p.m. Thursday, March 30; 6:30p.m. Thursday, April13; 6:30p.m. Thursday, April 27) 7. Adjournment Agenda Item 5A March 27, 2017 Beautification and Natural Resource Preservation Advisory Committee Review of Committee Actions/Recommendations To Date Dec. 19, 2016 meeting The Advisory Committee: 1. recommends that the City Commission authorize clerical support staff to take minutes at all Standing Committee meetings. 2. recommends that the Standing Committee meet monthly in the City Commission chamber. 3. recommends that the Advisory Committee consist of seven to 11 members and that a simple majority is needed for a quorum. Jan. 30, 2016 meeting The Advisory Committee: 1. requests that Kevin Hogencamp or his designee take the Advisory Committee's minutes, effective immediately. 2. agreed to provide its recommendations to the City Commission no later than six months from Dec. 19, which is June 19, 2017. 3. recommends that the Standing Committee will elect a chair and vice chair from among the committee membership. 4. recommends that that the city manager or a designee serve as the Standing Committee's liaison. 5. agreed by consensus that the goals and focus of the Standing Committee should be determined before committee membership qualifications are established. 6. agreed that L. Lanier, using her experience leading group discussions and forums, facilitate an advanced priority-setting exercise at the Advisory Committee's next meeting. Agenda Item 5A March 27, 2017 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CHARGE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Beautification and Natural Resource Preservation Advisory Committee John M. Stinson, Commissioner, Seat No.2 8th of November 2016 On the zznct of August 2016, the City of Atlantic Beach, City Commission entertained a discussion regarding the formation of a "tree board" as the committee was described anecdotally. The Commission held discussions regarding the formation of the proposed committee on the 1st of September 2016 and again on the 12th of September 2016, at which time consensus was achieved by the Commission to move the item forward for action. Each Commission member was requested to nominate two candidates, in addition to John November, to serve on the advisory committee that would be charged with defining roles and responsibilities of the standing committee. After each Commission member identified their respective nominees, during the City of Atlantic Beach, City Commission meeting of the 10th of October 2016, nominated members were approved by a vote of the City Commission meeting. On the 15th of October 2016, a regularly scheduled Town Hall meeting was held with the newly appointed and other interested parties to discuss the charge of the advisory group. The Beautification and Natural Resource Preservation Advisory Committee is tasked with performing a comprehensive needs analysis to address beautification and natural resource preservation within the City, and other influencing factors that may contribute to the improvement or detriment of the beautification and preservation of natural resources that define the quality of life for Atlantic Beach residents. While the scope of the advisory committee is left to be broad, relying on resources from City staff and City assets, and the significant talent, education, knowledge and experience of the appointed members, the advisory committee should: Agenda Item 5A March 27, 2017 1. Every member should complete a review of documents provided by the City Clerk from the City Charter and Code of Ordinances applicable to the formation of the standing committee; 2. Define the initial timeline for the advisory committee to make a recommendation to the City Commission for adoption of and creation of the actual standing committee within one month of the first meeting of the advisory committee and seek prompt approval of such timeline by the City Commission as soon as practical; 3. Determine the governing structure of the standing committee, i.e. a single chairperson, co-chairs, the staff liaison most likely to provide adequate and proper support to the standing committee, etc.; 4. Provide a schedule to the City Commission and City staff as to the number and frequency of meetings planned for the standing committee, the assets and resources needed from the City to facilitate such meetings and confirm the proposed meeting venue availability with Parks and Recreation schedulers; 5. Determine and recommend the number of members the standing committee will require to accomplish the over- arching goals of the committee; 6. Define the qualifications of members, the length of term for each member, including expiration timing, re-appointment opportunities, term overlap, term limits and governing requirements for such membership; 7. These qualifications and defining guidelines will assist that Board Member Review Committee in its selection of members to serve on the standing committee and for approval by the City Commission. Those persons interested in serving on the standing committee will be required to submit application to the City Clerk following current, standard procedures used to select, nominate and appoint residents; 8. Detail budgetary requirements, if any, prior to the presentation of 2017 I 2018 budget workshops; 9. And, using a methodology of compliance with the overarching goal of Beautification and Natural Resource Preservation, identify the initial goals and primary focus of the standing committee. A sampling of ideas, in no particular order, taken from the Town Hall meeting of the 15th of October 2016 include: a. An education program for residents, potential residents and contractors; b. How the CoAB Parks system will benefit from the work of the standing committee; c. Interaction with the Beaches Town Center agency, merchants and overlay district; Agenda Item 5A March 27, 2017 BUDGET: RECOMMENDATION: ATTACHMENTS: d. A review of the current tree ordinance; e. Mitigation plan improvements; f. An annual report to all residents, businesses owners and stakeholders; g. Consideration of a replanting program to accommodate an aging tree canopy; h. The need for a possible parks subcommittee; i. And, if advisory committee recommends that creation of a standing committee is not necessary or prudent at this time, a recommendation to discontinue the formation may be presented to the City Commission. 10. The Sunset Date for the work of the advisory committee should be expected to be six months from the date of the advisory committee first meeting. One additional six-month extension to the Sunset Date may be approved by the City Commission at a minimum of thirty days prior to the end of the initial Sunset Date. No budgetary considerations are anticipated at this time, with a minimum of involvement of City staff and time, with the exception being posting meeting dates and times, some printing and copying expenses and access to City facilities for meetings. For the City Commission to adopt the formation and utilization of the Beautification and Natural Resource Preservation Advisory Committee as appointed prior and described in this Commission report, to study and make recommendations to the City Commission for the formation of a permanent committee, purposed with the responsibility for overseeing any recommendations adopted by the City Commission. 1. Minutes of Agenda Item # S.C. from the City Commission meeting of the zznct of August 2016: 2. Minutes of Agenda Item# 3.C. from the City Commission meeting of the 12th of September 2016: 3. Minutes of Agenda Item #3.A. from the City Commission meeting of the 10th of October 2016: 4. Minutes ofthe Town Hall meeting ofthe 15th of October 2016 as highlighted for reference; 5. Pertinent sections of the Charter of the City of Atlantic Beach and the Code of Ordinances that are specific to the authority of the City Commission to consider, create, administer, utilize or dismantle and disband citizen committees to engage and accomplish the desired work of the residents. 6. List of Administrative Tasks 7. List of Appointed Members Agenda Item 5A March 27, 2017 MINUTES City of Atlantic Beach Board Member Review Committee Meeting Board and Committee Member Quality Assurance January 19, 2017 THOSE IN ATTENDANCE: John Stinson Chair of the Board Member Review Committee Jennifer Lada-Member of the Board Review Committee Ray Brandstaetter-Chair of the General Employees' Pension Board of Trustees Grant Healy-Chair of the Cultural Arts and Recreation Advisory Committee. Ben de Luna-Chair of the Code Enforcement Board Brea Paul-Chair of the Community Development Board Staff: Donna Bartle-City Clerk & Non-Voting Member of the Board Member Review Committee Victor Gualillo-Chair of the Police Officers' Pension Board of Trustees Timothy Johnson-Staff Liaison to the Cultural Arts and Recreation Board Committee. Derek Reeves -Staff Liaison to the Community Development Board Debbie White -Code Enforcement Officer. Dayna Williams -Secretary for the Code Enforcement Board. ABSENT: Solomon Brotman-Member of the Board Member Review Committee Mike Paschall-Member of the Board Member Review Committee Call to Order: Commissioner Stinson called the meeting to order at 6:03pm thanked everyone for coming and explained the purpose of the meeting was to discuss ways to improve the process of recruitment, training, and retention of board and committee members serving the City of Atlantic Beach. Courtesy of the Floor Commissioner Stinson opened Courtesy of the Floor. Chris Jorgensen, 92 West 3rd St., thanked Commissioner Stinson for having this meeting. Historical Processes Commissioner Stinson explained the history of the recruiting process and the challenges with it. Minutes of the Board Member Review Committee on January 19, 2017 Page 1 of4 Agenda Item 5B March 27, 2017 Commissioner Stinson opened the floor for comments. The following topics were discussed and recommendations were made: • Recruitment 1) Identify the qualifications and requirements necessary for someone to serve as a member on a particular board/committee. 2) Set interview dates in advance, interview for perhaps four weeks in a row. Ensure that reappointment candidates interview prior to reappointment along with any other prospective candidates. 3) Restructure expiration terms so that all openings are appointed for January 1 of every year, but maintain the alternation of expiration to ensure retention of knowledge, experience and leadership of each board and committee. 4) Chairs of the various boards and committees requested that the expiration terms of their board or committee members be made known to them. a) Knowledge ofthis information would allow the Chair to comment on the upcoming vacancies during regularly scheduled meetings. b) This would allow the individual boards and committees to recruit at regular meetings. 5) To be cautious about requirements and expectations of prospective members because those requirements and expectations could limit the pool of interested applicants. 6) That the City create a campaign drive and marketing materials, scheduled for perhaps Q3 annually to highlight recruitment. a) Host workshops for candidates to meet current members of boards or committees. b) Regular use of the City website and social media to recruit. c) Include in closing comments at regularly scheduled Commission meetings or other City functions such as Arts in the Park, Acoustic Nights, Songwriters, etc. d) Post openings on the marquee in front of the Commission Chamber. e) Include a message in each monthly newsletter. • Training 1) Annual Sunshine Law training. 2) Pension training. 3) Voting conflicts and how to manage them. 4) Ex Parte communications: How to recognize them and when to disclose them. 5) Code Enforcement Conference. 6) Acceptance of gifts 7) Member orientation program. Minutes of the Board Member Review Committee on January 19, 2017 Page 2 of4 Agenda Item 5B March 27, 2017 • Mentoring Program 1) Suggestions were made to have previous board members mentor incoming members once they step down from the board. No specific recommendations were made to be considered. The concept of mentoring seemed to have merit to most attendees and needed further consideration. • Evaluation 1) Video tape, live-stream and post all board and committee meetings online similar to Commission meetings. 2) Ranking of interviewees at the time interviews are conducted that differentiates each candidate. 3) Have each board or committee make an annual presentation to the Commission about the performance of the board/committee. • Retention 1) Member recognition with plaques or certificates at regularly scheduled Commission meetings. 2) Move the Cultural Arts and Recreation Advisory Committee meetings to the Commission Chamber. 3) Expand and normalize the use of alternates for all boards and committees. Significant comments were made about the need to possibly restructure the Cultural Arts and Recreation Advisory Committee due to lack of participation and the Committee's difficulties meeting its quorum requirements. • Charges 1) All board chairs and liaisons were charged with meeting with members to bring back recommendations to the group that would meet an overarching goal to address recruitment, training, mentoring, evaluation and retention that would present some consistency to residents but that also address specific needs and demands of each board/committee. Chris Jorgensen, 92 West 3rd St., spoke about the importance of public announcements of opportunities to serve the City and requested the City consider social gatherings for board and committee members be held semi-annually. Closing The next probable meeting date and time was discussed and the group agreed it would be best to wait until late March 2017 to allow time for each board/committee to meet and Minutes of the Board Member Review Committee on January 19, 2017 Page 3 of4 Agenda Item 5B March 27, 2017 obtain feedback to present to the group. The Tentative date would be the week of March 27th. Adjournment There being no further discussion, Commissioner Stinson declared the meeting adjourned at 8:00 p.m. Chairman Minutes of the Board Member Review Committee on January 19, 2017 Page 4 of4 Agenda Item 5B March 27, 2017 City of Atlantic Beach Board Member Review Committee Synopsis of Suggestions from the meeting of the tst of March 2017 ATTENDANCE: Board Member Solomon Brotman Board Member Jennifer Lada Commissioner John Stinson RESIDENTS IN ATTENDANCE: Ms. Judy Workman Mr. Chris Jorgensen 1) Purpose of the Meeting City Clerk Donna Bartle City Clerk Aide Joanie Bowman a) The meeting was called to order at 6:00pm. b) Approve the minutes of the Committee meeting of the 17th of November 2016 and of the 19th ofJanuary 2017. c) Discuss the concepts discussed and proposed by the Board chairs and liaisons to improve recruitment and retention of new Board members. 2) Courtesy of the Floor a) Mr. Chris Jorgensen expressed concerns about multiple Boards and Committees meeting on the same date and time, thus preventing citizens from attending most if not all Board or Committee meetings or other City gatherings. b) Ms. Judy Workman asked "what does the BMRC do?' She expressed concern that not enough oversight was provided to other Boards by the BMRC. 3) Board Discussion a) Recruitment of members i) Utilizing prepared "marketing materials", recruit citizens who had prior leadership experience and by hosting a booth at social events held within the City, including Art Walk, Farmer's Markets, Cultural Arts & Recreation Advisory Committee events or other gatherings within the City. ii) Ensure that upon appointment, new members understand the expectation they should immediately begin to evaluate and consider residents to nominate as their replacements at the time of their exit from service to the BMRC. iii) Standardization of all Boards and Committees in how they function and operate would increase the pool of potential applicants for the BMRC. iv) Encourage BMRC members to attend City Commission meetings and other Board or Committee meetings, request City Commission members attend at least one meeting of every Board annually, and share agendas and minutes of every Board or Committee meeting with the City Commission. Agenda Item 5B March 27, 2017 b) Training i) Include requirements and expectations for membership to the BMRC when interviewing prospective candidates. (1) Requirements and expectations might include; (a) Sunshine Law training completed within a certain time frame annually; (b) Ethics training completed within a certain time frame annually; (c) Roberts Rules of Order training; (d) Financial disclosure form submission and explanation; (e) Mandatory attendance, with limits on the number of meetings missed annually; (f) Make required training available to applicants prior to interviewing the applicant for an open position. c) Mento ring i) Ensure prospective candidates understand and accept that they would be expected to mentor new members for a period of up to one year, as they are exiting service to the BMRC. (1) Utilizing BMRC members who have termed out to mentor new members eliminates any Sunshine Law violation concerns; (2) And, utilizing these outgoing members takes advantage of their experience on the BMRC as well as their professional experiences and education. ii) Inquire with the City Attorney about City Commission members talking to other Board and Committee members and how the Sunshine Law views such interaction. iii) Inquire with the City Attorney about the <:;ARAC members meeting or communicating about logistics for Committee approved events. d) Evaluation i) Annual or perhaps semi-annual reports made by the BMRC (and other Boards and Committees) representatives to the City Commission detailing challenges, successes and other accomplishments. ii) Contact the Non-Profit Resource Center of NE Florida about assisting with a 360° performance evaluation using information such as attendance, training completion, etc. that avoids any personal assessments but focuses on metrics that are part of the public domain. iii) City Commission member attendance at least annually to at least one of each Board or Committee meeting is believed to encourage a higher standard of performance by Board and Committee members. e) Retention i) Use of alternates for the BMRC was discussed. ii) A recommendation to split the CARAC into an Arts Board and a separate Recreation Board was discussed. f) Closing Comments i) A question regarding the revision of standards creating and governing City Boards and Committees was raised during the closing comments. The BMRC members in attendance believe it would be in the best interest of Agenda Item 5B March 27, 2017 the City, both financially and in the essence of time, for the BMRC working closely with the Chairs of each Board and Committee, as well as with the respective liaisons, to host two to three working sessions to compare, revise and draft new language that would standardize and normalize these groups more similarly. After such drafts were complete, these documents could be submitted to the City Attorney for review and further revision and then presented to the City Commission for approval and adoption. ii) The final request discussed during closing comments was the utilization of City (COAB.us) email addresses for each Board and Committee member. Such use would ensure archival of communications and essentially eliminate the need for FOIA requests to be completed by those outside the City framework. 4) Adjournment a) The meeting was adjourned at 7:30pm after allowing the public to have final courtesy of the floor. Agenda Item 5B March 27, 2017 ATTACHMENT E-7 RESOLUTION 17-04 FOR ASSISTANCE 2017 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Atlantic Beach is interested in can·ying out the following described project for the enjoyment of the citizenry of Atlantic Beach and the State of Florida: Project Title Marsh Preserves ADA Viewing/Fishing Pier at Dutton Island Total Estimated Cost $200,000 Brief Description of Project: This project includes a new viewing/fishing pier located near the Dutton Island Bridge that is ADA accessible to the park visitors. Previously, FIND approved design, engineering and pennitting of this project concurrent with a Kayak/Canoe Launch and Viewing/Fishing Pier at Dutton Island and theW. 6111 Street Overlook (constmcted 2015-16). AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Atlantic Beach that the project described above be authorized, AND, be it further resolved that said City of Atlantic Beach make application to the Florida Inland Navigation District in the amount of 50% ofthe actual cost of the project in behalf of said City of Atlantic Beach, AND, be it further resolved by the City of Atlantic Beach that it certifies to the following: 1. That it will accept the tenns and conditions set forth in FIND Rule 66B F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Fonn No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) Agenda Item 6A March 27, 2017 3. That it has the ability and intention to finance its share of the cost ofthe project and that the project will be operated and maintained at the expense of said City of Atlantic Beach for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 1 0% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Atlantic Beach City Commission at a legal meeting held on this 27 111 day of March, 2011. Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) Agenda Item 6A March 27, 2017 ~ -~· N ~. Agenda Item 6A March 27, 2017 PUBLIC HEARING NOTICE The CITY OF ATLANTIC BEACH City Commission will hold a public hearing to consider and take Action on the following item on Monday, April10, 2017 at 6:30 PM at 800 Seminole Road, Atlantic Beach, Fl 32233 in the Commission Chambers: CASE N0.17-SAFW-385 2346 Oceanforest Drive West (Ken Carella) Request for a waiver as permitted by Section 24-7 "Waiver" for relieffrom the Section 19-7(f) Requirement for 100 feet of street frontage for a Circular driveway. All information related to the item above is available for review at the City of Atlantic Beach Building and Zoning Department at 800 Seminole Road, Atlantic Beach, Florida 32233, and may be obtained at this office or by calling (904) 247-5826. Interested parties may attend the meeting and make comments regarding the item, or comments may be mailed to the address above. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City not less than five days prior to the meeting at the address or phone number above. Agenda Item 8A March 27, 2017 i~TU\11T1C 800 SEI'lil'lOLE ROF1D HlH\trm r:L I1 HOilE (SlY+) ID: f'lllluunt Due: render fender rendi:'i' i i JOJS ()() .00 Agenda Item 8A March 27, 2017 Agenda Item 8A March 27, 2017 Agenda Item 8A March 27, 2017 Agenda Item 8A March 27, 2017 Agenda Item 8A March 27, 2017 Agenda Item 8A March 27, 2017 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-111(c)(10) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval ofthis Use-by-Exception is in compliance with the requirements of Section 24-63 , Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111 (c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-Exception (File No. 17-UBEX-329) to allow An establishment for the sale of automobiles as listed in Section 24-111(c)(10) in the Commercial General zoning district at within the Commercial General (CG) Zoning District and located at 580 Mayport Road provided: 1. Approval of this Use-by -Exception is not consistent with the intent of the Comprehensive Plan . 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111 (c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use , traffic impacts and compatibility with existing industrial uses , commercial uses and any nearby residential uses. Page 3 of 3 Agenda Item 8B March 27, 2017 ORDIANANCE 75-17- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES, TO ADD ARTICLE VI, UNREGISTERED AND INOPERABLE VEHICLES, INCLUDING DEFINITIONS, INTENT, LIMITATIONS ON UNREGISTERED AND INOPERABLE VEHICLES, AND ENFORCEMENT, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILILTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined that unregistered and unregistered motor vehicles are a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city; and WHEREAS, the City Commission recognizes that the premises of businesses where the location and use ofland has been approved by the City are appropriate and safe locations for such motor vehicles; and WHEREAS, it is the desire of the City Commission to cause unregistered and inoperable motor vehicles to be removed and relocated to an appropriate and safe location; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 21, which shall read as follows: "ARTICLE VI.-UNREGISTERED AND INOPERABLE VEHICLES Sec. 21-86.-Definitions. For the purposes of this Article, the following terms shall have the meaning as set forth within this section. (a) Enclosed building shall mean a structure having no outside openings other than ordinary doors, windows and other such common features. Page 1 of4 Agenda Item 8C March 27, 2017 (b) Enforcement officer shall mean a person designated by the City Manager to enforce the provisions of this Article. (c) Inoperable motor vehicle shall mean a motor vehicle that is incapable oflegal operation under its own power upon a street due to its physical condition. (d) Motor vehicle shall mean any self-propelled vehicle designed primarily for transportation of persons or goods along a public street. (e) Private property shall mean any real property within the city that is privately owned and which is not defined as public property. (f) Public property shall mean lands and improvements owned by the Federal Government, the state, the county, or a municipality. (g) Unregistered Motor Vehicle shall mean a motor vehicle which does not have a valid and current motor vehicle license tag affixed thereto. Sec. 21 -87. -Intent. It is the intent of this Article to regulate unregistered or inoperable vehicles on private property, which have been found to be a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city. Sec. 21-88.-Limitations on unregistered and inoperable vehicles. No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on any private property for a period longer than seventy-two (72) continuous hours as observed and documented on at least two separate days by an enforcement officer; except when one (1) or more of the following conditions apply: (a) The vehicle is within a fully enclosed building; (b) The vehicle is on the premises of a business where the location and use of the land has been approved by the City. Sec. 21-89.-Enforcement. Violations of Section 21-88 shall require the following actions by the enforcement officer: (a) A notice shall be posted upon the motor vehicle in violation. The 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 (10) days and shall contain the following: Page 2 of4 Agenda Item 8C March 27, 2017 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 in violation of (set forth ordinance or regulation violated) and must be removed or made compliant within ten (1 0) days from the date of this notice; otherwise it shall be removed by the order of the city. The owner of the motor vehicle shall be liable for the costs of removal and storage. Dated this: (set forth date of posting of notice) Signed: (set forth name, title, address and telephone number of enforcement officer) (b) When a motor vehicle is inaccessible or otherwise dangerous for an enforcement officer to post in compliance with paragraph (a) of this section, a certified letter notifying them of the violation shall be sent to the real property owner of the property where the vehicle is located, whose name and address is known by reference to the latest ad valorem tax records published by the county property appraiser and when possible, a certified letter notifying them of the violation shall be sent to the owner of the motor vehicle in violation. (c) If the violation has not been corrected within 10 days of notice posting in accordance with paragraph (a) or acknowledgement of receipt of a notice by certified mail in accordance with paragraph (b), the enforcement officer shall have the motor vehicle removed from the property as set forth in Article III of this chapter and shall notify the Police Department immediately in a manner as prescribed by the Chief of Police." SECTION 2. 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. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is 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 Agenda Item 8C March 27, 2017 SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this __ day of ______ _ 2017. PASS ED by the City Commission on second reading this __ day of ______ _ 2017. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Page 4 of4 Agenda Item 8C March 27, 2017 Chapter 21 -TRAFFIC AND MOTOR VEHICLESill ARTICLE I. -IN GENERAI)ll Sec. 21-1.-Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control Devices. The Florida Uniform Traffic Control Law, being Chapter 316 of the Florida Statutes as may be amended, and the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways , as published and amended by the Federal Highway Administration are adopted in full by reference as part ofthis Chapter and shall be in full force and effect within the City as if fully set f01ih herein. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316, Florida Statutes , as may be amended, which law shall be in full force and effect vl'ithin the City as if fully set fotih herein, and shall be considered as pa1i of this Chapter. Also adopted by reference and considered as pmi of this Chapter is the Manual on Uniform Traffic Control Devices (AillTCD) for Streets and Highways , as published and amended by the Federal Highway Administration. Sec. 21-2.-Definitions not found in the Florida Uniform Traffic Control Law. For the purposes of this Chapter, the following terms shall have the meaning as set forth within this section . (a) Abandoned property shall mean all tangible personal propetiy that does not have an identifiable owner and that has been disposed on private or public propetiy in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. (b) Inoperable motor vehicle shall mean a motor vehicle which does not have a valid and cunent motor vehicle license tag affixed thereto. This shall not apply to motor vehicles located on private property or leased by a new or used automobile dealer possessing a current, valid City of Atlantic Beach Local Business Tax Receipt ; nor shall this defmition apply to any ancient or antique vehicle that is registered with the state, pursuant to §320 .086 . (c) Paved sidewalk shall mean (d) Private property shall mean any real propetiy within the city that is privately owned and which is not defined as public property. (e) Public property shall mean lands and improvements owned by the Federal Govemment, the state , the county, or a municipality and includes sovereignty submerged lands located Page 1 Agenda Item 8C March 27, 2017 adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets , sidewalks, parkways, rights-of-way, and other similar propeliy. (f) Wrecked motor vehicle shall mean any motor vehicle of which the condition is wrecked, dismantled, pmtially dismantled, inoperable , incapable of operation by its own power on a public street, or which the wheels, engine, transmission, or any substantial pmi thereof has been removed. Sec. 21-3.-Permit required for parades and processions. No procession or parade shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the city manager and such other regulations as are set fmth within this Code, which may apply. Sees. 21-J4-21-15.-Reserved. ARTICLE II.-STOPPING, STANDING AND PARKINGill DIVISION 1.-GENERALLY Sec. 21-16.-Manner of stopping, standing, or parking. (a) All vehicles stopped , standing or parked on a roadway or street shall be parallel with the edge of the roadway in the direction of traffic, except where an official traffic control device requires otherwise. (b) All vehicles stopped, standing or parked on a roadway with a raised concrete curb shall have its wheels within twelve (12) inches of the edge of the roadway, except where an official traffic control device requires otherwise. (c) All vehicles, trailers, watercraft, equipment or objects of any kind shall not be stopped, standing or parked on public in a manner that obstructs the required sight distance requirements found in Section 19-5 ofthe City of Atlantic Beach 's Code of Ordinances . (a) No person shall stop, stand or park a vehicle in a roadway other than parallel v1ith the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, e)ccept as provided in the following paragraphs: (1) i\ngled parking upon a street, which has been marked or signed for angle parking . The vehicle shall be parked at the angles of the curb indicated by the mark or sign. Page 2 Agenda Item 8C March 27, 2017 (2) Loading or unloading in a place vlhere, and at hours w·hen, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads . (b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed in any location on public or private property, which interferes '.vith the safe, clear and unobstructed sight distance of any rights of way intended or designated for use by pedestrians, bicycles, and vehicles . guch obstruction shall be immediately removed by order of the police depmiment, and if required , charges for tmving and storage, as set fo1ih herein shall apply. Sec. 21-17.-Prohibited in specific areas. Except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device, no person shall stop, stand or park a vehicle: No person shall stop , stand or park a v ehicle , in any of the following places or as restricted by the follovring provisions, eJwept when necessary to avoid conflict vrith other traffic, or when complying with the directions of a police officer or an official traffic control device. (a) On a paved sidewalk or in a manner that any part ofthe vehicle is protruding over a paved sidewalk or any part of the paved sidewalk area; (b) On any etty right of way public street within seven (7) feet of a public driveway, or private driveway upon complaint; (c) Within twenty (20) feet of an intersection; (d) Within fifteen (15) feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty (20) feet of a crosswalk at an intersection, unless petmitted to do so by a zone or devices established in the area; (g) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking ermit as required by state law. (1) A person who is chauffeuring a disabled person shall be allowed , without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be imposed 1pon the driver for this monetary parking . (2) /',..person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of hvo hundred fifty dollars ($250 .00). (h) Parking shall be prohibited on the following streets and roadways at all times: Page 3 Agenda Item 8C March 27, 2017 (1) East Coast Drive . (2) Ocean Boulevard. (3) Sheny Drive (South). (4) Seminole Road. (5) Plaza Drive (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road . (9) Dutton Island Road. (1 0) Donner Road. (i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as aathorized by the city, shall be parked ovemight in any public park or public open space, on any propetiy occupied by a government 1.1se , or in any other location posted by the city to prohibit overnight parking. Sec. 21-18.-Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten ( 1 0) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. Sec. 21-19.-Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. Sec. 21-20. -Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (a) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as authorized by the city manager, shall be parked overnight in any public park or public open space, on any prope1ty occupied by a government use, or in any other location posted by the city to prohibit overnight parking . Page 4 Agenda Item 8C March 27, 2017 (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right of \Vay roadway, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee . Sec. 21-21.-Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right of way street for the principal purpose of: (a) Displaying it for sale; or (b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated by an emergency. Sec. 21 22. Commercial , recreational, etc., vehicles; v;eight requirements . (a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (1 0,000) pounds gross vehicle weight, or any combination thereof, or any component pmi thereof, including the tractor unit or trailer unit of any tractor trailer type truck, upon any private propetiy in a residential zone except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for loading and unloading, unless othervfise authorized by the city manager or his designee. (ba) No person shall stop, stand, or pm·lc a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right of way, eJccept for the purpose of loading or unloading . No more than four (4) hours shall be allowed for loading and anloading, unless otherwise authorized by the city manager or his designee. (cb) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100 .00) for each subsequent offense. Sec. 21 23. Parking in the right of way. Parking in the right of way for shmi periods of time (not to exceed eight (8) hours) is pennissible. Parking in the right of way is not intended to be a solution for limited driveway and/or garage parking. No person shall park in the right of way on the below listed streets on a regulm· basis at a residence, which is defined as three (3) or more occasions in any seven day period. Parking on the rights of way, as described in the two (2) paragraphs directly above, shall be prohibited on the follov;ing streets and roadways: Page 5 Agenda Item 8C March 27, 2017 (1) East Coast Drive . (2) Ocean Boulevard . (3) Sherry Drive (South). (4) Seminole Road . (5) Plaza Drive (e1ccept for the 300 Block). (6) Royal Palms Drive . (7) Sailfish Drive. (8) Levy Road. (9) Dutton Island Road . (1 0) Donner Road. Sec. 21 25. Removing and impounding. Members of the depmiment 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 lmder circumstances emunerated in this miicle: (a) When a vehicle is left unattended: (1) On a side';valk ; (2) '.Vithin 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) \Vhen any vehicle is left unattended at any place v1here 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 t'.vo (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 ofphysical injury or condition, incapacitated to such an eKtent as to be anable 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 . Sec. 21-2(;~.-Same-Towage and storage charges. Page 6 Agenda Item 8C March 27, 2017 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. Sees. 21-2+3 -21-35.-Reserved. DIVISION 2. -ENFORCEMENT Sec. 21-36.-Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city . Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A . duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto , at the close of each day's work, with the records division of the public safety department. Sec. 21-37.-Form of citations. Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the city; · (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic Beach, finance department the applicable fine as established by section 21-38; and (f) Shall be signed by the person issuing them . Page 7 Agenda Item 8C March 27, 2017 Sec. 21-38.-Schedule of fines. There is hereby established the following schedule of fines to be assessed in cases of parking violations occmTing within the city: (a) Parking in prohibited areas as defined by Section 21-17 ..... $50.00 (b) Parking within fifteen (15) feet of fire hydrant ..... $50 .00 (c) Parking double ..... $50.00 (d) Obstructing traffic..... $50.00 (e) Obstructing driveway ..... $50 .00 (f) Parking over time limit ..... $50.00 (g) Other improper parking as defined by the Florida Uniform Traffic Control Law ..... $50.00 (h) Illegal parking in designated ADA Accessibility parking spaces ..... $250 .00 (i) Parking in the right of 'iVay: First offense ..... $100 .00 Second offense within tvrenty four (24) months of first offense ..... $150 .00 Third offense within twenty four (24) months of first offense ..... $250.00 Fomih and subsequent offenses at any time ..... $500.00 Sec. 21-39.-Payment of parking fines. (a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00). (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented by the director of public safety. (d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment of the tickets has expired , then the vehicle may be disabled or towed pursuant to the conditions set forth within this chapter. Page 8 Agenda Item 8C March 27, 2017 Sec. 21-40. -Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner as prescribed by the director of finance. Sec. 21-41. -Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. Sec. 21-42. -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 roadway within the city to a public garage or other place of safety under circumstances enumerated in this section: (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 roadway 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 roadway and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. Sees. 21-4~3-21-49.-Reserved. Page 9 Agenda Item 8C March 27, 2017 ARTICLE III. -WRECKER SERVICEill Sec. 21-50. -Establishment of rotating wrecker call list. The chief of police, subject to approval by the city manager, is hereby authorized to establish standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing firms, companies, or corporations licensed to conduct that business may apply for a listing by the police depmiment on the rotating wrecker call list. Sec. 21-51. -Charges for towing and storage. The charges for towing and otherwise removing any damaged motor vehicle :fi:om any point within the city shall be as set fmih below. Daytime shall be defined as the hours from 6:00a.m. until 6:00 p.m. Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and nighttime charges shall also apply Sundays and legal holidays. I I I Daytime I Nighttime (a) Class A wrecker Passenger cars and light vans I $73.00 $94.00 ' I Trucks (half-ton to two tons -l $73.00 $94.00 n-Campers, trailers and mobile homes I $105.00 I $105.00 I I Motorcycles I ~ $94.00 - (b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or pmi thereof, from more than two tons to 10 tons of weight $105.00 per hour towing charge, but in no event less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra labor and waiting time. (c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of 10 tons or greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, but in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a truck or other unit not transpmiable as a whole, but in no event less Page 10 Agenda Item 8C March 27, 2017 dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars ($50,000.00). Sec. 21-54.-Repairing vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. Sees. 21-55-21-59.-Reserved. ARTICLE IV. -MOTOR VEHICLE TITLE LOANS Sec. 21-60.-Definitions. (a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle ce1iificate of title owned by the bonower and encumbered only by a title loan agreement. (b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended from time to time. Sec. 21-61. -Motor vehicle title loan transactions. A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle; (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a description of the security, the name and address of the bonower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event Page 12 Agenda Item 8C March 27, 2017 the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the inf01mation required herein for each renewal; and (e) The title loan agreement contains the following statements printed in not less than fourteen-point type: (1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHICLE." (2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible." (3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." ( 4) "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate ce1iificate of title while the title loan agreement is in effect, and that doing so will be a violation of the law." (f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." (g) A blank line for the signature of the borrower. (h) The secondhand dealer must display, in a prominent place in the title loan premises, for customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following messages written in letters no less than four (4) inches high: "IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." Sec. 21-62. -Maximum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the following interest rates: (a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent per thirty-day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the maximum interest and finance charges, the Page 13 Agenda Item 8C March 27, 2017 computation must be simple interest and not add-on interest or any other interest computation. (b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred sixty (360) days. (c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z of the Board of Govemors of the Federal Reserve System. When the period for which the charge is computed is more or less than one (1) month, the maximum rate for the period must be computed on a basis of one-thirtieth ( 1/30 ) the applicable monthly interest rate, multiplied by the number of days of the period. (d) Any transaction involving a bonower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate oftitle upon the payment of a sum of money, whether the transaction be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be deemed a violation of this article if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this atiicle or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this article. (e) Any fees or taxes paid to a state agency and directly related to an individual title loan transaction may be collected from the bonower and shall be in addition to the pe1mitted finance and interest charge. (f) No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed. Sec. 21-63.-Transaction satisfaction and default. (a) When the title loan has been paid in full, the secondhand dealer must deliver to the bonower a ce1iificate of title clear of all encumbrances placed upon the title by the secondhand dealer within thirty (30) days of such payment in full. (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrower's default under the title loan agreement. Unless the bonower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements ofF.S. Ch. 679, Pt. V. (d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in patis and at any time and place and on any terms, but every aspect of the disposition, Page 14 Agenda Item 8C March 27, 2017 including the method, manner, time, place and terms including surplus of the debt, must be commercially reasonable. Sec. 21-64.-Title loan lending license. (a) No secondhand dealer may engage in business as a title loan lender six (6) months after the effective date of this article unless the secondhand dealer has a valid title loan lending license issued by the city. A separate title loan lending license will be required for each physical location of the title loan business. The city shall issue more than one (1) title loan lending license to an applicant if that applicant complies with the requirements of this pati for each such license. (b) An application for a title loan lending license pursuant to this pmi must be submitted to the city on such f01m as the city may prescribe. If the city determines that an application should be granted, it shall issue such license for a period not to exceed two (2) years. A non- refundable application and license fee of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial application for each title loan location. (c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan lending license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive license may be reactivated after ninety (90) days. (d) Each title loan lending license must specify the location for which it is issued and must be conspicuously displayed at that location. When a licensee wishes to move a title loan office to another location, the licensee shall give thirty (30) days prior written notice to the city by certified or registered mail, return receipt requested, and the city shall then amend the title loan lending license accordingly. A license issued pursuant to this part is not transferable or assignable. (e) Books, accounts and records; maintenance and examinations by the city: (1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records and documents necessary to detetmine the licensee's compliance with this pati. (2) The city may authorize maintenance of records at a location other than a principal place of business. The city may require books and records to be produced and available at a reasonable and convenient location within the city. (3) All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the bon·ower, including each contract signed by the borrower and expenses incuned by the licensee in the event of foreclosure and property recovery, will be preserved and kept available for examination by the city for two (2) years after the date of original entry. Page 15 Agenda Item 8C March 27, 2017 (4) The city may prescribe by mle the minimum information to be shown in the books, accounts, records and documents of licensee so that such records will enable the city to determine the licensee's compliance with this part. (f) Each licensee shall designate and maintain an agent in this state for service of process. (g) A licensee must apply to the city for a new title loan lending license upon a change in ownership of twenty-five (25) percent or more by a natural person in any title loan location or office. No application for a title loan lending license or an application for transfer of an existing title loan lending license is required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for title loan lending license, an applicant shall: (1) File with the city a bond in the amount ofthi1iy-five thousand dollars ($35,000.00) for each license with a surety company qualified to do business in this state. In lieu of the bond, the applicant may establish a ce1iificate of deposit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The original bond, ce1iificate of deposit, or letter of credit shall be filed with the city and the city shall be the beneficiary of such instmment. The bond, ce1iificate of deposit, or letter of credit shall be in favor of the city for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud, misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice, disclosure violation or violations of any provision of this pmi by the licensee. Such liability shall be enforced by the filing of a suit in a comi of competent jurisdiction. (2) Not have been convicted of a felony within the last ten (1 0) years or be acting on behalf of a beneficial owner who has been convicted of a felony within the last ten (1 0) years. (3) Not have been convicted, and not acting on behalf of a beneficial owner who has been convicted, of a crime that the city finds directly related to the duties and responsibilities of a title loan lender within the past ten (1 0) years. (i) The city shall dete1mine the form of the title loan lending license. G) No pmi of this miicle may be constmed to impair or affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of the ordinance from which this article derives (December 14, 1998). (k) Licensees shall report changes in address, location or records, and any change of an executive officer within thiliy (30) days of the change. (1) In addition to the above, an applicant must also obtain any required occupational license. Sec. 21-65.-Violations and penalties. (a) The following acts are violations of this pali and shall constitute grounds for disciplinary action: Page 16 Agenda Item 8C March 27, 2017 (1) Failure to comply with any provision of this pmi, rule adopted under this pmiy by the city, or any written agreement entered into with the city. (2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction. (3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this pmi. (4) Willful imposition of illegal charges on any title loan transaction. (5) False, deceptive or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination all books, accounts and other documents required by this pmi, state or federal law, or by any agreement entered into with the city. (7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements of this part or state or federal law. (8) Refusal to permit inspection of books or records in an investigation or examination by the city or refusal to comply with a subpoena issued by the city. (9) Criminal conduct in the course of a licensee's business as a title lender. (1 0) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this pmi. (12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business. (13) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the motor vehicle. The city shall determine the method of assessing the value of the pledged propetiy. (14) Failure to exercise reasonable care in the safekeeping of the cetiificate of title or motor vehicle repossessed pursuant to this pmi. (15) Failure to return the cetiificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the propetiy properly released within thiliy (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a comi, or othetwise disposed of by comi order. ( 16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this part. (17) Engaging in business as a title lender without first securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. Page 17 Agenda Item 8C March 27, 2017 (19) Charging a prepayment penalty. (20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement. (21) Acting as a title loan lender in the city six ( 6) months after the effective date of the ordinance from which this article derives (December 14, 1998) without a cunent, active license issued by the city pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, adve1iisement or hypothecation of a title loan transaction, directly or indirectly: (i) To knowingly or willingly employ any devise, scheme or miicle to defraud; (ii) To engage in any transaction, practice or course ofbusiness which operates as a fraud upon any person in connection with the purchase or sale of any title loan; (iii) To obtain prope1iy by fraud, willful misrepresentation of a future act or false promise. (23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry. (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding, assisting or conspiring with any other person engaged in any such misconduct and in fu1iherance thereof. (b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the city may enter an order and take one or more of the following actions: (1) Deny the application for license pursuant to this article. (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the city may specify. (4) Issue a letter of concern or reprimand. (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this miicle. (6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation of this pmi. (7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing any fine imposed under this pmi. (c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it may bring a civil action in any court of competent jurisdiction to enforce or administer this pmi, including a temporary or permanent injunction, or appointment of a receiver. Page 18 Agenda Item 8C March 27, 2017 (d) The city may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. Sec. 21-66. -Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from which this article derives (December 14, 1998) shall have six (6) months from the effective date of the ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city may initiate any administrative or civil action, or refer a matter for criminal prosecution. Sees. 21-67-21-74.-Reserved. ARTICLE V. -VEHICLES FOR HIRE Sec. 21-75. -Definitions. Whenever used in this article, the following words and terms shall have the following meanmgs: Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided. Vehicle for hire shall mean all motorized vehicles defined and classified in section. Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways, sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles. Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or charges. Transport shall mean to operate or cruise over the streets of the city and its adjacent teiTitory for the purpose of moving passengers or goods from one (1) point to another. Sec. 21-76.-Classification of vehicles for hire. For the purpose of construing and applying the terms of this chapter all motorized vehicles which operate over and upon the streets and driveways of the city for the transportation of person( s) for compensation shall be classified and defined as follows: Page 19 Agenda Item 8C March 27, 2017 (a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfmiably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours, and is not operated by another governmental agency. (b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and constructed to comfortably transpmi not more than six (6) persons, including the driver. (c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the purpose as a limousine. (d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons used in regularly conducted sightseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein; which is not used as a means of local transpmiation within the city; and which neither receives nor discharges passengers along its routes. (e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or garage, the destination and route of which is under the direction of the passenger or passengers transpmied therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such vehicle or the waiting time or both. (f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a van or truck chassis. The term shall not include a cargo or panel van. Sec. 21-77.-Manner of advertising No driver of a vehicle for hire shall be permitted to advertise such business before the public under any other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transpmiation of person(s) for compensation. Sec. 21-78.-Printed matter appearing on a vehicle for hire, (except limousines); certain information required; advertising regulated. (a) The name of the company or finn operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark. (b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered medallion issued by the City of Jacksonville. Page 20 Agenda Item 8C March 27, 2017 (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no pmiion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. Sec. 21-79.-Inspection of vehicles. It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as required by the City of Jacksonville. Written cetiification of such inspection shall be maintained in the vehicle while operating in the City of Atlantic Beach. Sec. 21-80.-Equipment and safety requirements for vehicles for hire. All vehicles in service as vehicles for hire shall have the following equipment on each vehicle, which equipment shall be maintained in good working condition. (a) Front and rear lights meeting state standards and a dashboard light that will indicate when any of the vehicle's doors are not securely closed; (b) Adequate brakes on all wheels; (c) Tires of the quality of original equipment as specified by the manufacturer, or better; (d) Speedometer in good working order; (e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and shall be free of tears and cuts; (f) Seatbelts for the driver and all passengers; (g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs.); (h) Adequate heater and air conditioner; (i) All seats in a shuttle vehicle shall be factory installed only; G) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the for-hire driver from observation or obstruct the view through the rear window. All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply with the provisions of this section. Sec. 21-81. -Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a taximeter. Page 21 Agenda Item 8C March 27, 2017 (b) The face of every taximeter shall be visible from the passenger compatiment of every taxicab at all times and, after sundown, shall be illuminated by a suitable light so ananged as to throw a continuous steady light thereon. (c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle. Each vehicle shall be identified in a manner to designate its status as a metered or non-metered vehicle. Sec. 21-82.-Drivers ofvehicles for hire. Unless otherwise enumerated in this atiicle all drivers of vehicles for hire, while operating in the City of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set fmih in the Code of Ordinances, City of Jacksonville, chapter 220. Sec. 21-83.-Engaging in criminal activity. Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21-85 below. These activities include, but are not limited to the following: (a) Transpmiing passengers for the purpose of engaging in narcotic or prostitution activity; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire. Sec. 21-84. -Rates and charges. (a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax receipt is issued under this atiicle, and in full view of the passengers in plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor. (b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from any customer any sum of money in excess of those rates or charges posted in such vehicle. (c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this subpart for the distance traveled empty may be collected. Sec. 21-85. -Citations authorized; penalties provided. Page 22 Agenda Item 8C March 27, 2017 Violations of this chapter shall be punishable by fines as follows: (a) First offense: (The current offense is the first offense if there have been no other citations within the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00); (b) Second offense; (The current offense is a second offense if there has been only one (1) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250.00); however, if not paid within fomieen (14) calendar days, the fine increases to three hundred dollars ($300.00); (c) Third and subsequent offenses: (The culTent offense is a third or subsequent offense if there have been two (2) or more previous citations within the preceding twelve (12) months.) Five hundred dollars ($500.00). If not paid within fomieen (14) calendar days, then the right to operate within the City of Atlantic Beach shall be suspended until the fine is paid or thitiy (30) days, whichever is later. ARTICLE VI. -INOPERABLE AND WRECKED VEHICLES Sec. 21 -86. -Intent. It is the intent of tllis Article to regulate inoperable or wrecked vehicles on private property , which have been fotmd to be a public nuisance detrimental to the health , safety and welfare ofthe inhabitants ofthe city. Sec. 21 -87.-Limitations on inoperable and wrecked vehicles. No inoperable or wrecked motor vellicle shall be parked , stored or otherwise kept on any private propetiy for a period longer than seventy-two (72) continuous hours as observed and documented on at least two separate days by an enforcement officer; except when one (1) or more of the following conditions apply: (a) The vehicle is within a fully enclosed building; (b) The vehicle is on the premises of a business where the location and use of the land has been approved by the City. Sec. 21 -88. -Enforcement. Violations of Section 21 -88 shall require the following actions by the enforcement officer: (a) A notice shall be posted upon the motor vellicle in violation . The notice shall not be less than eight (8) inches by ten (1 0) inches and shall be sufficiently weatherproofed Page 23 Agenda Item 8C March 27, 2017 to withstand normal exposure to the elements for ten (1 0) days and shall contain the following : NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY This prope1ty, to wit: (setting fmih brief description) located at (setting forth brief description of location) is in violation of (set fmih ordinance or regulation violated) and must be removed or made compliant within ten (1 0) days from the date of this notice; otherwise it shall be removed by the order of the city . The owner of the motor vehicle shall be liable for the costs of removal and storage. Dated this: (set fmih date of posting of notice) Signed: (set fmih name, title, address and telephone number of enforcement officer) (b) On the date of notice posting a ce1iified letter notifying them of the violation shall be sent to the real property owner of the property where the vehicle is located, whose name and address is known by reference to the latest ad valorem tax records published by the cotmty property appraiser. (c) When possible , a ce1iified letter notifying them of the violation shall be sent to the owner of the motor vehicle in violation on the date of notice posting. (d) If the violation has not been conected within 10 days of notice posting, the enforcement officer shall have the motor vehicle removed from the prope1iy as set forth in Aliicle 3 of this chapter and shall notify the Police Department immediately in a manner as prescribed by the Chief of Police . Page 24 Agenda Item 8C March 27, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sea Tmtle Ordinance 95-17-XX SUBMITTED BY: Derek W. Reeves, Planner /A-- DATE: March 17,2017 STRATEGIC PLAN LINK: None BACKGROUND: Commission has directed staff to prepare an ordinance that would regulate artificial lighting that would impact nesting sea tmtles and their hatchlings. Staff has drafted the attached ordinance largely based on the Model Lighting Ordinance provided by the Florida Fish and Wildlife Commission (FWC) and in the Florida Administrative Code. Staff has worked with the Beaches Sea Turtle Patrol and the FWC to create the draft ordinance. One major difference from the Model Lighting Ordinance is a change in terminology that was recommended by the FWC with the goal of making the ordinance easier to enforce while also providing a better outcome. The change effected how light was viewed. In the Model Lighting Ordinance, an enforcement official would have to determine if the beach was being illuminated by a specific light, while the draft ordinance only requires that light be visible from the beach. This required some other tweaks tltat would have restricted lighting that did not illuminate the beach, but was visible from the beach, which would have been acceptable in the Model Lighting Ordinance. New construction seaward of the Coastal Construction Control Line, primarily those east of Beach Avenue, and east of Seminole Road nmth of20111 Street, would see no difference from how they are pe1mitted by the state now. What would change is that the requirements of the draft ordinance would apply to all properties along Beach Avenue and those prope11ies north of 20 111 Street and east of Seminole Road. This ensures that all lighting that may impact sea tmtles is designed to be as minimally impactful as possible. Existing prope1ties would not be subject to the same requirements as new construction, but they would be required to make changes so that the point source of light and any reflective surfaces as a result of existing lighting are not directly or indirectly visible from the beach. The change necessary could be as simple as changing a light bulb or as complicated as swapping out an entire fixture . There is a proposed date of May 1, 2020 for these changes to be made. Enforcement of this ordinance would be the responsibility of the City's Code Enforcement Division . BUDGET: None. RECOMMENDATION: To get Commission consensus to move the ordinance forward to first reading on April I 0, 2017 and to set a Public Hearing for the second reading on April24, 2017. ATTACHMENTS: Draft Ord. 95-17-. 1 (}_roo. REVIEWED BY CITY MANAGER: ~ Agenda Item 8D March 27, 2017 DRAFT 3/17/2017 ORDINANCE 95-17- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5 BEACHES AND PARKS, TO ADD ARTICLE IV, SEA TURTLE PROTECTION, INCLUDING PURPOSE AND INTENT, DEFINITIONS, PROHIBITION OF ACTIVITIES DISRUPTIVE TO MARINE TURTLES, LIGHTING STANDARDS FOR NEW CONSTRUCTION, STANDARDS FOR EXISTING LIQMTING, AND ENFORCEMENT AND PENALTIES, .<PROVIDING FOR CONFLICT, PROVIDING FOR S;E:YJijlti.BILITY, AND PROVIDING AN EFFECTIVE DAl;JD;j;~):! . ~>>~·>~<"~/ ·,~·>>:::;;:~,_, ',"/,"," '··->~<:~::> WHEREAS, the City of Atlantic a coastal city JiHij:C}pproximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of important n~'~ting habitat for endangered and threatened sea turtles; developed with structures ·····",< WHEREAS, scietiti~~ ,t;£ij(l1~~\d'tH),clude cetiain types of miificial lighting have a .<t:~>'. _.,. ·':" '.:·:·-·. _·,---.,, ·.·,·,·.· ~~;<"." .".-.',·-~·''>>>-detrim~At~l.~ff~:;·~:~,~~s~i!tg sei~i:tJes anctille~~J:latchlings by inhibiting nesting and interfering <: :> }\ ';:;;.~:;.. < with the 1litU}'~l lighting c~~~,\!~ed by lJ,f!tchlings to properly orient to the open waters of the >:.>>;< <;:~i-;~:;. -,:.:'>~-~-; ,·.,·,·:~>:~ ~---· '<,· Atlantic Ocean;:iha. ';·_:\ "<;::~::~:::_. /;:;~::>;' WHEREAS, ifi~tl1_e<q~s#'~ of the City Commission to regulate exterior and interior point ., __ <:::;z, -_:::_:;::~;:-' sources of artificial lighti~~ f~ a manner that minimizes disturbances and the disorientation of nesting sea tmiles and their hatchlings; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: 00775468-5 Page 1 of7 Agenda Item 8D March 27, 2017 DRAFT 3/17/2017 SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new miicle to Chapter 5, which shall read as follows: "ARTICLE IV. -SEA TURTLE PROTECTION Section 5-34. -Purpose and intent. The purpose of this A.Iiicle is to protect the threatened and en491,1 gered sea tmiles that may nest along the beaches of Atlantic Beach, Florida, by safeguar1j:!i~Z$fa tmile hatchlings and nesting female sea turtles from artificial light. .·s~~~~~};Y .... ~~:;;~~::~·")~~~~ .. ·:-· .. ,:«::::.-··~1* . ..... -;::·:x.~ ... ~v ·._,..,..., "-· Section 5-35. -Definitions. ~::{~~)>~~/ ··.;,~\~]~~~\:. For purposes of this A1iicle , the following te 1Jffi:~;$11:~ll have the me ~ii~)~ .. as set fmih within this t . ·~:~~:t· ·4~~:~~· sec wn. ~~:;:;;... ::.~:::~';:, .. ~~~· ·'~\ ~~:::~:~ .. ''!!;:;:~x... ~.::~~;~~:~, ..;;:~~~·::~· ... (a) Artificial light or artificial l.J g fzti ng shall m e~~:t he Urnt>emanating fro n'';~ny human-made d . ,~;:~~·: :~ . ;..: . ':~ ... ··}yo.,/ <~~· ev1ce -:·:· ·~:·:~,:::, ··~t;.;::!if · . ~~~:=~:s:¥::).. '{\:;;~~-. "-~t\<:,;;~~=~l;-:-.. \$~:·. (b) Beach shall mean the zone of :;Mp.collsSilt4i1ted mate~;ia.t.that extends landward from the mean low wat ~J~-V~e to the 'J~f e w1i~J:~.~~~\1~re ~~#..w.:ked change in material or physiograp~p~~##:ilAH.~ the lin e~~hp err~W,B¥.nt%tg r.~ati6h}usually the effective limit of Stol'll1 waves· :®:§: '-\: :·:·~··. <·'·'~:-. ,;.~~wv··:··. ··~-~,§~.;::.;, 9''":f .. , •. 'T.. ,, ... ..., ... ··-s ... ~,.. "'*''"~"''" ~~..._.....:-..;~·:~· ''\~.<:::~;'\ ..;.· •• --~"-!l,'-:~·.~ •, ~..-..~ ~-~ ~~ .. ,-.y '~;.:-; ::: \;·~-:·:-. '-:·':-.0.:·)·:0.''·" •,·,:·~.·· '·.;;:~.. ~~·::. •,:;.~·.·::;:;;; .. $X«~·. t.:;·~ -.;-..~;,{~ (c) City shall me a:£)~\~~ Ci!lillf Atlantic '\~~~ch , a municipal corporation of the State of "~f;tt~fuz~"' '''*(qt~\1il~~r,.~~~,, ( d )::t ':®.irectly visibte:~s hall rri e,ap~the line \)H si'ght visibility of glowing element( s ), lamp( s ), v!'-,• ·=--~· ~v.-. .... "".~v .·. ~ '-V.~ ·,'-Q,tJe:~e(s), or refle'Cts)l:Ql ) o fa:~Ar~ificiallight source by an observer standing on the beach. (e) ~~;~1%4<\ll mean a ~~~d o ~~b f loose sediments , usually sand-sized, lying landward •,• ·.·.··~ \;' ··~ of the M:a gh and d epo s i t ~o by any natural or miificial mechanism. ~;:::~~::;-.~ ~% ···,~:· *=~ ~~~~~ (f) Ground-lev i/l:~'Q ~J:r i ~i':;:slia ll me an any vegetation, natural feature or miificial structure rising from the 'gr~:(h\il'>t.rhich prevents artificial lighting from being directly or indirectly -.:.·.-~.··/ visible. ·<:::~? (g) Hatchling(s) shall means any species of marine turtle, within or outside of a nest that has recently hatched from an egg . (h) Indirectly vis ible shall mean the line of sight visibility of reflected light as a result of the glowing element(s), lamp(s), glob e(s), or reflector(s) of an artificial light source by an observer standing on the beach . oom46s-s Page 2 of 7 & Agenda Item 8D March 27, 2017 DRAFT 3/17/2017 (i) Line-of-sight shall mean a visual path emanating from an average eye level. Average eye level is defined to be five feet above the ground level. G) Long wavelength lighting shall mean light bulbs or diodes that produce light that measures greater than 560 nanometers and absent wavelengths below 560 nanometers on a spectroscope, which include low-pressure sodium (LPS), true red neon, red, orange, or amber light-emitting diode (LED), or other lighting sources that produce light that measures greater than 560 nanometers and absent wavelengths below 560 nanometers. (k) Marine turtle shall mean any marine-dwelling reptil~hof the families Cheloniidae or Dermochelyidae found in Florida waters or using th~-:b~lch as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia:-:fuY~as (green), De1mochelys coriacea (leatherback), Eretmochelys imbricate (haw}\:S~lJi}%~4 Lepidochelys kempi (Kemp's ridley) For purposes of this A1iicle, mari~~:~1iie is s§il&it~fllous with sea turtle. (l) (m) (n) (o) (p) Nest shall mean an area where m<:J:~i!{~;fitGile eggs have':~~~11;,naturally deposited or subsequent! y relocated. : ~::: , :,, ., Nesting season shall mean th~ period ;r~~;w~Y. J:%iJiigh Octob:: ;~'')l:f,each year. .,::':::-',·:.,>' ·-<~~~~;~=~~~::~::>' '-',>·· <;::~;:::;.:->>>>,'\, . -:<<<~::·;:~- Nighttime shall mean the lob~llyef{~<:;tive time peH<i'4 between sunset and sunrise. Per son shall me;m ))ldi vidual;;,~~;, kiil)il~!i9ns: ~~~~{N,ntures, partnerships, estates, trusts, syndiq~t~$~~n<:l~:gi.(;'lries, cmpoJ'ation~~:ima:~}l~pther'gf:Bups or combinations. :; ;~:~;~<:· '. •:;: ), \;~~h :{i1%i1~;:· :~;;;:~}::; Point Sourde:sq!lll mean th~:bulb, lanipf>i@owing elements of a fixture from which light is emitted. :::;.:.> >::' ·~:;~:, ", -~':'_;::: ___ , ._.-·~:<·, .;:::::;·· ,, ::: ::,, ,' -'<">'->'·' '.",·,--·-·----_ .:-----> 'N,',:/:: ,-·-',', /,:::::~;;;'\ ( q) .::::$~~.TttFtl~f>}fqt~cti~h3J}g~ sh~ll fu~~Ji@ aii~~:where land either (i) has frontage on Beach .:·)j~~enue; (ii)ls·I~·~~ted\v#wp the Clbist~J;~condominium development; or (iii) is located • · :e~::;tward of Sem1i#~1.e Road;frpm 20th Street nmihward to the City limits. '>c •, c <<;~:.' ~;,,. '" < , '• (r) (s) Sht~ldeci.shall mean ~)lght fixtJt~\vhich is constructed in a mam1er that the point source is not Cli~~£1ly visible ~r(j~ the beach. "<:;::::::~:,' ,~<::~~;>:· Tinted glas~·§h;:~.Jl };ll¢~~;·any glass treated to achieve an industry-approved, inside-to outside light tl:~'iis@tfance value of 45% or less. Such transmittance is limited to the visible spectrum (4bb to 700 nanometers) and is measured as the percentage oflight that is transmitted through the glass. Section 5-36. -Prohibition of activities disruptive to marine turtles. The following activities are prohibited on the beach at nighttime during the nesting season: 00775468-5 Page 3 of7 Agenda Item 8D March 27, 2017 DRAFT 3/17/2017 (a) The operation of all motorized vehicles, except emergency and law enforcement vehicles, those permitted to be on the beach for marine turtle conservation or research, or those permitted to be on the beach by the City Manager. (b) The building of campfires or bonfires. Section 5-37.-Lighting standards for new construction. In addition to the requirements of the Florida Building Code and other regulating entities as of the effective date of this Article , 20 17), the following Iighting standards shall be required for all construction activities occurring within the sea turtl~<:pf~t~Ction area. /:~{·?:>·>:>:/ (a) (b) (c) Exterior artificial light fixtures shall be desigr~¥afl'~,~qsitioned so that the point source oflight or any reflective surface from a ligh{'fixiure ishptgirectly or indirectly visible. ,-.,·. " ·",' ·, <<··<:, ;:> Exterior artificial light fixtures withiil}lrrl~-of-sight of the b:~4~h shall be designed as follows: , ::{~( ' : >: (1) Completely shielded .dpwnlight ~~JfuNiM':%, recessed:~~~s having low wattage, long waveleB.gtlflight sourcestvlth$6n-reflective interiC>l surfaces. Other fixtures that have app1'dp1;i~t~shields, louv6~~~}pr cut-off features may also be used if they are in compliand~withp&t~gn;tph (a) l8~J:~; and ·~:>'),, <·:,_;,~.;_:.:.:~-; <·.~::~::::~:'>,_ <-<·;>;_:;~:>""'<. •, '\~;~;~> <:::::~;::,::<-'>"' . <::~.:;::~~-: (2) All fixtgt~~,<~JJ.~Ur:pe mounteP,j;;(:ls lovy:iti::el~YC!tion as)possible through use of low- mount~&wall fi:iffir~~' low b6ti4rd~;~pd/or':gr~\il:J,Q-level fixtures. Floodlight~,~;ilj'ggts m'r:*tlights d~i~~d for dec:::~ve and accent pm]Joses that are dirept)y<cwJndire6t1)':);:i~1~1~ §]1'~1~}}5lt be \1:s~g. ,<<:::·;:·;··' ''.' '/,·--->>·-·) "'·' -, ,·,'/-' :.''. \ ·,·~· ' / ,' ,•, 0 --<:·'>~;:;>·~ •>' :"',V~ •,,',';~~:~;~::~:v> -v '·<?:;; (d): ;:E;:Xterior artifi6l~l;Jigh(fi){:wres used>e~pressly for safety or security purposes shall be '< ,-,, -.; •':",',\, .-; -_-,-J• ---' (e) > limited to the minimum riliful:>.~r and configuration required to achieve their functional r81¢{~). The use ofh19tipn dete¥tws that keep lights off except when approached and that switclrlights off with{n5, minut~s:are required. "/ -/~ \::)<:::~~- ,;<;:;?<:'-': ;>:::<<~ Only long W:ayelength~Ji~hting shall be used in parking areas within line-of-sight of the beach. Suchfig]1tir~~(~~:i11 be: (1) Set on a ba~~ 'Which raises the source of light no higher than 48 inches above the ground; and (2) Positioned or shielded so that the light is cast downward and the source of light or any reflective surface from the light fixture is not directly or indirectly visible. (f) Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be d~signed and located to prevent vehicular headlights from being directly visible. oo77546s-5 Page 4 of 7 Agenda Item 8D March 27, 2017 DRAFT 3/17/2017 (g) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level barriers. Ground-level baiTiers must not interfere with marine turtle nesting or hatchling emergence, or cause shmi-or long-term damage to the beach/ dune system. (h) Tinted glass shall be installed on all windows and glass doors of single or multi-story structures within line-of-sight of the beach. (i) Use of appropriately shielded downward-directed fi)l:ffires fitted with long wavelength light sources shall be required for parking areas, .. r()~{lways and similar high-intensity lighting applications. , <~.::. /' G) Temporary lighting of construction sites 4m~IK~•The Ill~t4f\~. turtle nesting season shall be restricted to the minimal amount necess~gCahd shall inc6i}:>'(>rl:tte all of the requirements of this section. // · :• :• · >' · Section 5-38.-Standards for existing lighti:~. <cSL ··\.. 'i!i•;ci·< No later than May I , 2020, all ownef~ ~fi\\OJ>eity loc:~~d@itg~~he sea turtle !.Jfgction area shall determine if any existing miificiallig:Q.tjpg~()n.~heir propeftYjs directly or indirectly visible and take the following coiTective actions td:~~dl12e(@~liminate th¢negative effects of such miificial lighting: .. _ .. '<:~\ ····•;:~;::}:>. ::·:·• (a) One (1) m:::thSt~~1fh~·followin~·m~.~sM~:)~~Jlf@·~·t~k~~ to reduce or eliminate the negative eff~~tspf existii}g~~xterior ~Hi~&~llighting ~b that the point source of light or any reflective·~4r~Cl,l)e a l~g]J_i,fixture is·~~t·4irectly or indirectly visible: '< ·./ .• . . .'/,·.·;:;:;;::·-. ··~:;:;:_;. <(1)' . ·~~~@sitiqJ1 fi~f~f~~ ~~·t~~tth~points~urce of light or any reflective surface is no :: • longet:·au:estly ori~ittrectly visibl~I> . • \~~) :;:Replace fi~~j~;gkha::~~.~D.. exposed light source with fixtures containing recessed <:!igbt sources or:~}#~lds; \; ; ·>·--, (3) Re~i~~~traditioJ~flight bulbs with low wattage, long wavelength light sources; ·::?<,· : .... , -"~~::: :~::? (4) Replace~6~~44·~€tional fixtures with directional fixtures that point down and away from the beatlf; (5) Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not directly or indirectly visible; oon5468-5 Page 5 of 7 Agenda Item 8D March 27, 2017 (b) (6) (7) (8) (9) (10) DRAFT 3/17/2017 Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; Plant or improve vegetation buffers between the light source and the beach to screen artificial light; Construct a ground-level batTier to shield lights~~rces from the beach. Ground- level barriers must not interfere with marine tlf{·t1~:nesting or hatchling emergence, or cause short-or long-term damage to the<~~~¢Jildune system; /' '~, <.' '"' Permanently remove or permanently<JJ~-~BI~:-:~~(~~t~n·e which cannot be brought into compliance with the provisio.vs.9i~hese standdt:d~;:. ,-<>>>> ,-,'/ (1) Window tint or film ReatTang~ li:i111PS and vuJ.v.L:>L.L.LV ealJie:ti~~t)..lres ~$~~::;ft,·om windows; :::::.:o~-~ {~, ::;:~>. <~~,~:~:::~; Use wirido~ t~:~Mrirents beach';' :{;[ ·\ :;·\ ---' '-' . /:~;: ;: ~~:~ ( 4):· c]l!l,].}Off U~~C~~s~iym~Qf~:;;;, . (2) (3) (c)( Eiterior light~usyd eicp!:essly fo1:>~~fety::or security purposes shall be limited to the <>)nivimum numb~f@.d c01ifiguration required to achieve their functional role(s). The use ofihotion detectors: tb&t keep llghts off except when approached and that switch lights offWithi11 5 minutes-at~Jequir~ct> '<~:~-\:.<~ :•, _-,·\ (a) (b) 00775468-5 ,•_-,' >·, The City shall h~vfth.~~b'wer to enforce the provisions of this Article by code enforcement proceedings as set olifin Chapter 2, Article V, Division 2, City of Atlantic Beach Code of Ordinances, as amended, including without limitation, all penalties, fines and interest, and F.S. Chapter 162, as amended. No permit for a Certificate of Occupancy shall be issued by the City for any property in violation of this Article, unless the permit includes corrective actions as outlined in this Aliicle. Page 6 of7 Agenda Item 8D March 27, 2017 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDINGCHAPfER2,ADMINISTRATION,ARTICLEVI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-300,DEFINITIONS; AMENDING SECTION 2-301, MEMBERSHIP; AMENDING SECTION 2-303, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-305, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-310.4, MAXIMUM PENSION; AMENDING SECTION 2-310.5, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 2-310.16, PRIOR POLICE SERVICE; AMENDING SECTION 2-310.18, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 2-310.19, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A1LANTIC BEACH, FLORIDA: SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-300, Definitions, to amend the definitions of "Actuarial Equivalent", "Credited Service", ''Effective Date", and "Spouse", to read as follows: * * * * * Actuarial equivalent means a benefit or amount of equal value, based upon the RP-2000 Combined Healthy Unisex (50/50 mix) Male Generational Mortality Table projected by Scale AA, and an interest rate of eight (8%) per arn1tnn equal to the investment return assumption set forth in the last actuarial valuation approved by the board. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. * * * * * Credited service means the total nmnber of years and fractional parts of years of service as a Police 0 :fficer with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a Police Officer. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the Police depa1iment pending the possibility ofbeing reemployed as a Police Officer, without losing credit for the time that he was a member of the system If a vested member leaves the employ of the Police depmiment, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a Police Officer with the Police department within five (5) years, his accUlllulated contributions, if one-thousand dollars ($1,000.00) or less shall be retmned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contnbutions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash 1 Agenda Item 8E March 27, 2017 1rnnp Slll11 or to rollover the 1rnnp Slll11 amount on fonrn designated by the Board. Upon rettnn of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his acclU11ulated contributions from the fund, unless the Police Officer repays into the fund the contributions he has withdrawn, with interest, as determined by the board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a member perfonrn "Qualified Military Service" consisting of voltllltary or invollllltary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a Police Officer with the city to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions ofUSERRA. (2) The member returns to his employment as a Police Officer within one year from the earlier of the date of his militmy discharge or his release from active service, unless otherwise required by USERRA. (3) The maximum credit for military service pursuant to this paragraph shall be five (5) years. (4) This paragraph is intended to satisfY the minimum requirements ofUSERRA. To the extent that this paragraph does not meet the minimum standards ofUSERRA, as it may be amended :fimn time to time, the minimlll11 standards shall app]y. In the event a member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified militmy service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of app]ying the limits on annual additions under section 415(c) ofthe code. This provision shall be applied to all similar]y situated individuals in a reasonably equivalent manner. Leave conversions of unused accrued paid time off shall not be petmitted to be applied toward the accrual of credited service either during each plan year of a member's employment with the City or in the plan year in which the member terminates employment. Effective date means the date on which thi5 01dinanee beeome5 di:etive June 10, 2013. * * * * * Spouse means the law:ful wifu ot htJ5band of a membet ot tetitee member's or retiree's spouse under applicable law at the time benefits become payable. * * * * * 2 Agenda Item 8E March 27, 2017 SECTION 2: That Chapter 2, Adn:rinistration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-301, Membership, to read as follows: Sec. 2-301. Membership. Conditions of eligibility. All police officers as of the effective date, and all future new police officers, shall become members of this system as a condition of employment. Notwithstanding the previous sentence, a new employee who is hired as the Police Chief may, within sixty (60) days of appointment as Police Chief upon employment as Police Chief; notifY the board and the City, in writing, of his election to not be a member of the system CtUTent employees of the City who are selected to become Police Chief are not eligtble for the opt-out provided for herein. In the event of any such election, he shall be barred from future membership in the system and any vested aeenred benefit shaH be retained and paid when other wise payable lrerein; or eontribtttiom made after employment and prior to opting ottt shaH be refunded. Thereafter, contributions to the plan in accordance with §2-304 shall not be required, he shall not be eligible to be elected as a member trustee on the board or vote for a member trustee and shall not be eligtble for any other benefits from the plan SECTION 3: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-303, Finances and Fund Management, subsection (f)(2)c., to read as follows: * * * * * c. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-1 00 .. and Revenue Ruling 2011- 1, IRS Notice 2012-6 and Revenue Ruling 2014-21 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the gt·oup trust consist exclusively of trust assets held under plans qualified under section 401(a) of the code, individual retirement accounts that are exempt under section 408( e) of the code, eligtble governmental plans that meet the requirements of section 457 (b) of the code, and governmental plans under 40 1 (a )(24) of the code. For tllis purpose, a trust includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a trust under section 401(f) or under section 457(g)(3) of the code. While any portion of the assets of the fund are invested in such a gt·oup trust, such group trust is itself adopted as a part of the system or plan. 1. Any collective or common group trust to which assets of the fund are transfened pursuant to subsection c. shall be adopted by the board as part of the plan by executing appropriate participation, adoption agreements, and/or trust agt·eements with the group trust's trustee. 2. The separate account maintained by the group trust for the plan pursuant to subsection c. shall not be used for, or diverted to, any purpose other tlmn for the exclusive benefit of the members and beneficiaries of the plan. 3 Agenda Item 8E March 27, 2017 ~ For purposes of valuation, the value of the separate accmmt maintained by the group trust for the plan shall be the fuir market value of the portion of the group trust held for the plan, determined in accordance with generally recognized valuation procedures. * * * * * SECTION 4: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, ofthe Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-305, Benefit AmolUlts and Eligibility, subsection (a), Normal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. F01 members hired befure January 1, 2013, a member's normal ret:iternent date shall be the :fitst day of the month coincident ~ith; 01 next fullo ~:it1g the earlier of the attamrnent of age fifty (50) and the completion of twenty (20) years of credited seniee, the attainment ofage fifty-me (55) and the completion oftetl (10) years ofetedited service, the completion of twenty-me (25) years of credited service regardless of age, or the attaimn::nt of age sixty (60) and the completion of me (5) years of credited set vice. For members h:ited on or after Jatmary 1, 20 13, a member's normal retirement date shall be the :fitst day of the month co:it1eident ~ith; 01 next follo ~ ing the earlier of the attainment of age fifty-me (55) and the completion of ten (1 0) years of credited set vice, or the attairm:tent of age :fifty-two (52) and the completion of twenty-five (25) years of credited set vice. A member may ret:ite on his normal tet:iternent date or on the fust day of any month thereafter, and each member shall become one htmdred (1 00) percent vested itt his accmed benefit on the member's n01malret:itement date. Normal ret:itement tttlder the system is ret:itement fi:om employment ~ith the city on or after the normal ret:itement date. ill For members hired before January 1, 2013, a member's normal retirement age is the earlier of the attainment of age fifty (50) and the completion of twenty (20) years of credited service, the attainment of age fifty-five (55) and the completion often (10) years of credited service, the completion of twenty-five (25) years of credited service, regardless of age, or the attainment of age sixty (60) and the completion of five (5) years of credited service. ill For members hired on or after January 1, 2013, a member's normal retirement age is the earlier of the attainment of age fifty-five (55) and the completion often (10) years of credited service, or the attainment of age fifty-two (52) and the completion oftwenty-five (25) years of credited service. Each member shall become one htmdred percent (100%) vested in his accrued benefit at normal retirement age. A member's nomml retirement date shall be the first day of the month coincident with or next following the date the member retires from the city after attaining normal retirement age. * * * * * SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances ofthe City of Atlantic Beach, is hereby amended by amending Section 2-310.4, Maximum Pension, subsections (h) and (Q(2), and by adding subsection (m), to read as follows: 4 Agenda Item 8E March 27, 2017 * * * * * (h) Ten thousand dollar ($10,000) limit; less than ten years of service. Notwithstanding anything in this section 2-310.4, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-310.4 if the benefits payable, with respect to such member under this system and under all other qualified defmed benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year and or for any prior limitation yearl. and the City has not at any time maintained a qualified defined contnbution plan in which the member participated; provided, however, that if the member has completed less than ten (10) years of credited service with the City, the limit under this subsection (h) of section 2-310.4 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (1 0). * * * * * (D(2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 69-1223, Title 10, U.S. Code . .(!ill Effect o[Direct Rollover on 415(b) Limit. Ifthe plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more fuvorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for purposes of the limit under Code Section 415(b). SECTION 6: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-310.5, Minimum Distnbution of Benefits, subsection (b )(2)d., to read as follows: (b)(2) d. * * * * * If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b )(2), other than subsection (b )(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b )(2). and sttbseetion (e), distributions are considered to begin on the member's required beginning date or, if subsection (b )(2)d. applies, the date of distnbutions are required to begin to the surviving spouse under subsection (b )(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b )(2)a.) the date distributions are considered to begin is the date distributions actually conm1ence. * * * * * 5 Agenda Item 8E March 27, 2017 SECTION 7: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section2-310.16, Prior Police Service, subsection (5), to read as follows: * * * * * (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in section 2-310.4, subsection~ ffiill. * * * * * SECTION 8: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-310.18, Defened Retirement Option Plan, to read as follows: Sec. 2-310.18. Deferred retirement option plan. (a) (1) (2) ill (b) (1) (2) (3) (4) Definitions. As used in this Section 2-310.18, the following definitions apply:" ''DROP" --The City of Atlantic Beach Police Officers' Retirement System Defened Retirement Option Plan. ''DROP Account" --The account established for each DROP participant under subsection (c). "Total return of the assets" --For purposes of calculating earnings on a member's DROP account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends eamed on investments, including realized and unrealized gains (or losses), ofthe total Plan assets. Participation. Eligibility to Participate. In lieu of terminating his employment as a police officer, any member who is eligtble for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. Election to Participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day ofthe first calendar month which is at least fifteen (15) business days after it is received by the board. Period of Participation. A member who elects to participate in the DROP under subsection (b )(2), shall participate in the DROP for a period not to exceed sixty ( 60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an inevocable election to resign :fi·om the service of the City not later than the date provided for in the previous sentence. A member may participate only once. Termination of Participation. a. A member's participation in the DROP shall cease at the earlier of 6 Agenda Item 8E March 27, 2017 1. the end of his permissible period of participation in the DROP as detennined under subsection (b )(3); or 2. tennination ofhis employment as a police officer. b. Upon the member's tennination of participation in the DROP, pursuant to subsection a. I. above, all amounts provided for in subsection ( c )(2), including monthly benefits and investment earnings and losses, shall cease to be transferred 1i'om the system to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he tenninates employment as a police officer. c. A member who terminates his participation in the DROP under this subsection (b)( 4) shall not be pennitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of detennining the accrued benefit, the member's salary for the purposes of calculating his average fual compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retirement and not elected DROP participatioiL Member contributions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost-of- living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligtble for disability or pre- retirement death benefits, except as provided for in Section 2-310.17, Reemployment After Retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless othetwise specified in the system, if a member's participation in the DROP is tetminated other than by terminating his employment as a police officer, no amounts shall be paid to him from the system until he terminates his employment as a police officer. Unless otherwise specified in the system, amounts transferr-ed from the system to the member's DROP Account shall be paid directly to the member only on the termination ofhis employment as a police officer. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member participating in the DROP. A member's DROP Account shall consist of amounts transferred to the DROP under subsection (c)(2), and eamings or losses on those amounts. 7 Agenda Item 8E March 27, 2017 (2) Transfers From Retirement System. a. As ofthe first day of each month of a member's period ofparticipation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a police officer and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b )(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a police officer. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP Account under this subsection (c)(2) shall be debited or credited after each fiscal year quarter with earnings, to be credited or debited to the member's DROP account, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment retum realized by the system for that quarter. ''Net investment return'' for the pmpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the board net of brokerage commissions, transaction costs and management fees. For purposes of calculating eamings on a member's DROP account pmsuant to this subsection (c)(2)b., brokerage commissions, transaction costs, and management fees shall be determined for each qua1ier by the investment consultant pmsuant to contracts with fund managers as reported in the custodial statement. The investment consultant shall report these quarterly contractual fees to the board. The investment consultant shall also report the net investment retum for each manager and the net investment return for the total plan assets. c. A member's DROP Account shall only be credited or debited with eamings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon tem1ination of pa1ticipation in the DROP shall be the value of the account at the end of the qumier in1mediately preceding tennination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distnbution. If a Member fuils to tenninate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the pem1issible period of DROP pa1iicipation, the member's DROP Account will no longer be credited or debited with eamings or losses, nor will monthly benefits be transferred to the DROP accmmt. All such non-transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the Police Department, and no cost-of-living adjustments shall be applied to the member's credit dming such period of continued employment. A member employed by the Police Department after the pem1issible period of DROP pmiicipation will still not be eligtble for pre- retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section 2-310.17, Reemployment After Retirement. 8 Agenda Item 8E March 27, 2017 (d) Distribution of DROP Accounts on Termination of Employment. (1) Eligibility for Benefits. A member shall receive the balance in his DROP Accmmt in accordance with the provisions of this subsection (d) upon his termination of employment as a police officer. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a police officer. (2) Form of Distribution. a. Unless the member elects othetwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set fmth in subsection (d)(6). Elections tmder this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distributed to the member's estate. (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the membe1Js termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiary or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distributions fi·om the DROP shall conform to the ''Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligtble rollover distribution paid in a direct rollover as othetwise provided under the System in Section 2-310.13. (e) Administration of DROP. (1) Board Administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members ofthe board may appoint from their number such subco111111ittees with such powers as they shall determine; rna y adopt such administrative procedures and regulations as they deem desirable for the conduct oftheir affuirs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf, may retain cmmse~ employ agents and provide for such clerica~ accounting, actuarial and consulting services as they may require in carrying 9 Agenda Item 8E March 27, 2017 out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information retums, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations ofthe DROP, the board from time to time shall establish mles for the administration of the DROP and the transaction of its business. The Board shall have discretionaty authority to construe and interpret the DROP (including but not limited to determination of an individuars eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its detern1ination of any disputed questions shall be conclusive and final to the extent pennitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or fuilure to act, made in good fuith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any repmis furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates fi.unished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good fuith in reliance upon such expert, accountant, actua1y or counseL and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General Provisions. ill The DROP is not a separate retirement plan. Instead, it is a program under which a member who is eligtble for normal retirement under the system may elect to accme future retirement benefits in the mmmer provided in this section 2-310.18 for the remainder of his employment, rather than in the normal mam1er provided under the plan. Upon termination of employment, a member is entitled to a lump sun1 dish1bution ofhis or her DROP account balance or may elect a rollover. The DROP account distribution is in addition to the member's monthly benefit. ill Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the system. There is no change in the system's assets, and there is no distribution available to the member until the member's termination 1 0 Agenda Item 8E March 27, 2017 (t 2) (:2-2) (4 1i) from the DROP. The member has no control over the investment of the DROP account. No emvlover discretion. The DROP benefit is detennined pursuant to a specific fmmula which does not involve employer discretion. IRC limit. The DROP account distnbution, along with other benefits payable from the system, is subject to limitation under Internal Revenue Code Section 415(b ). Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's fi.mds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. Facility of Payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affuirs because ofilh1ess or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities ofthe DROP for that benefit. Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. Prevention of Escheat. Ifthe board carmot ascertairt the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years fi·om the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice :fi'om counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions ofthe DROP shall be made in writing and filed with the board in a tin1e and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change fi·om tirt1e to tin1e tl1e manner for making notifications, elections or designations by members under the DROP if it determines after due dehberation that such action is justified in that it improves the ad:rrrinistration of the DROP. h1 the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new admirtistrative procedures, those new administrative procedures shall prevail 1 1 Agenda Item 8E March 27, 2017 b. Each member or retiree who has a DROP Accmmt shall be responsible for furnishing the Board with his current address and any subsequent changes ill his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail If any check mailed by registered or certified United States mail to such address is returned, mail.ing of checks will be suspended until such time as the member or retiree notifies the board ofhis address. (61Q) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only :fi'om the assets of the member's DROP Accmmt and neither the City nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (9-ll) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headmgs of the subsections ill this Section 2-310.18 are for convenience only. In the case of ambiguity or .inconsistency, the text rather than the titles or headings shall control (8 12) Fo7feiture of Retirement Benefits. Nothing ill this Section shall be construed to remove DROP participants :fi'om the application of any forfeiture provisions applicable to the system DROP participants shall be subject to forfeiture of all retirement benefits, .including DROP benefits. (9 .U) Effect of DROP Participation on Employment. Participation ill the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 9: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by adding Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts; to read as follows: Sec. 2-310.19. Supplemental benefit component for special benefits; Chapter 185 share accounts. There is hereby established an additional plan component to provide special benefits in the fmm of a supplemental retirement, termination, death and disability benefits to be in addition to the benefits provided for in the previous Sections of this Plan, such benefit to be funded solely and entirely by F.S. Chapter 185, premium tax monies for each plan year which are allocated to this supplemental component as provided for in F.S. §185.35. Amounts allocated to this supplemental component ("Share Plan"), if any, shall be further allocated to the members and DROP participants as follows: ill} Individual Member Share Accounts. The board shall create .individual ''member share accounts" for all actively employed plan members and DROP participants and maintain appropriate books and records showing the respective interest of each member or DROP participant hereunder. Each member or DROP participant shall have a member share account for his share of the F.S. Chapter 185 tax revenues described above, forfeitures and income and expense adjustments relating 1 2 Agenda Item 8E March 27, 2017 thereto. The board shall maintain separate member share accounts, however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust fi.md to each account shall not be required or permitted . .(Q} Share Account Funding. ill Individual member share accounts shall be established as of September 30, 2015 for all members and DROP participants who were actively employed as of October 1, 2014. Individual member share accounts shall be credited with an allocation as provided for in the following subsection (c) of any premium tax monies which have been allocated to the share plan for that plan year, beginning with the plan year ending September 30, 2015. ill Any forfeitmes as provided in subsection (d), shall be used as part of futme allocations to the individual member share accounts in accordance with the formula set f01th in subsection (c)(l). .(fl Allocation o(Monies to Share Accounts. ill Allocation of Chapter 185 Contributions. a. b. c. d. Effective as of September 30, 2015, the amount of any premium tax monies allocated to the share plan shall be allocated to individual member share accounts as provided for in this subsection. Members retiring on or after October 1, 2014 and prior to September 30, 2015 shall receive an allocation. In addition, all premium tax monies allocated to the share plan in any subsequent plan year shall also be allocated as provided for in this subsection. Available premium tax monies shall be allocated to individual member share accounts at the end of each plan year on September 30 (a ''valuation date"). On each valuation date, each current actively employed member of the plan not pmticipating in the DROP, each DROP participant and each retiree who retires or DROP participant who has terminated DROP participation in the plan year ending on the valuation date (including each disability retiree), or beneficiary of a deceased member(not including terminated vested persons) who is othetwise eligtble for an allocation as of the valuation date shall receive a share allocation as follows: The total fi.mds subject to allocation on each valuation date shall be allocated to each member share account of those eligible for an allocation in an amount equal to a fraction of the total amount, the numerator of which shall be the individual's total years and fi·actiona1 pmis of years of credited service as of the valuation date, and the denominator of which shall be the sum of the total years and :fi·actional patis of years of credited service as of the valuation date of all individuals to whom allocations are being made. Beneficiaries shall receive an allocation based on the years of credited service of the deceased member or DROP participant. Re-employed retirees shall be deemed new employees and shall receive an allocation based solely on the credited service in the reemployment period. ill Allocation oflnvestment Gains and Losses. On each valuation date, each individual member share account shall be adjusted to reflect the net earnings or losses resulting :fi·om investments during the year. The net earnings or losses allocated to the 1 3 Agenda Item 8E March 27, 2017 individual member share accounts shall be the same percentage which is earned or lost by the total plan investments, including realized and unrealized gains or losses, net ofbrokerage commissions, transaction costs and management fees. Net earnings or losses are determined as of the last business day of the fiscal year, which is the valuation date, and are debited or credited as of such date. For purposes of calculating net earnings or losses on a member's share account pursuant to this subsection, brokerage commissions, transaction costs, and management fees for the immediately preceding fiscal year shall be determined for each year by the investment consultant pursuant to contracts with fimd managers as reported in the custodial statement. The investment consultant shall repmt these annual contractual fees to the board. The investment consultant shall also report the net investment return for each manager and the net investment return for the total plan assets. ill Allocation of Costs. Fees and Expenses. On each valuation date, each individual member share account shall be adjusted to allocate its pro rata share ofthe costs, fees and expenses of administration of the share plan. These fees shall be allocated to each individual member share account on a proportionate basis taking the costs, fees and expenses of administration of the share plan as a whole multiplied by a fraction, the numerator of which is the total assets in each individual member share account (after adding the annual investment gain or loss) and the denominator of which is the total assets of the fimd as a whole as of the same date. ffi No Right to Allocation. The fuct of allocation or credit of an allocation to a member's share account by the board shall not vest in any member, any right, title, or interest in the assets of the trust or in the Chapter 185 tax revenues except at the time or times, to the extent, and subject to the terms and conditions provided in this Section. ill Members and DROP participants shall be provided annual statements setting fmth their share accmmt balance as ofthe end of the plan year. @ Forfeitures. Any member who was hired before January 1, 2013 and has less than five (5) years of service credit, or any member who was hired on or after January 1, 2013 and has ten (1 0) years of service credit and who is not otherwise eligtble for payment of benefits after termination of employment with the city as provided for in subsection (e) shall forfeit his individual member share account. Fmfeited amounts shall be included and used as part ofthe Chapter 185 tax revenues for future allocations to individual member share accounts on each valuation date in accordance with the fmmula set fmth in subsection (c)(l). llD_ Eligibilitv For Benefits. Any member (or his beneficia1y)who temrinates employment as a police officer with the city or who dies, upon application filed with the board, shall be entitled to be paid the value of his individual member share account, subject to the following criteria: ill Retirement Benefit. a. A member shall be entitled to one hundred percent (100%) ofthe value ofhis share account upon normal or early retirement pursuant to Section 2-305, or ifthe member enters the DROP, upon terminationofemployment. b. Such payment shall be made as provided in subsection (f). 1 4 Agenda Item 8E March 27, 2017 ill Termination Benefit. a. In the event that a member's employment as a police officer is terminated by reason other than retirement, death or disability, he shall be entitled to receive the value ofhis share account only ifhe is vested in accordance with Section 2-308. b. Such payment shall be made as provided in subsection (f). ill Disability Benefit. a. In the event that a member is determined to be elimble for either an in-line of duty disability benefit pursuant to Section 2-307, subsection (a) or a not-in- line of duty disability benefit pursuant to Section 2-307, subsection (c), he shall be entitled to one hundred percent (100%) of the value of his share account. b. Such payment shall be made as provided in subsection (f). ill Death Benefit. a. In the event that a member or DROP participant dies while actively employed as a police officer, one hundred percent (100%) of the value of his member share account shall be paid to his designated Beneficimy as provided m Section2-306. b. Such payment shall be made as provided in subsection (f). ill Payment of Benefits. If a member or DROP participant terminates employment for any reason or dies and he or his beneficiary is otherwise entitled to receive the balance in the member's share account, the member's share account shall be valued by the plan's actuary on the next valuation date as provided for in subsection (c) above, following termination of employment. Payment of the calculated share account balance shall be payable as soon as administratively practicable following the valuation date, but not later than one hundred fifty (150) days following the valuation date and shall be paid in one lun1p sum payment. No optional fonns of payments shall be permitted . .(g). Benefits Not Guaranteed. All benefits payable under tllis Section 2-310.19 shall be paid only fi·om the assets accounted for in individual member share accounts. Neitl1er the City nor the board shall have any duty or liability to furnish any additional :limds, securities or other assets to fund share account benefits. Neither the board nor any trustee shall be liable for the making, retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the member share accotmt balances, except due to his or its own negligence, willful misconduct or lack of good fuith. All investments shall be made by the board subject to the restrictions otherwise applicable to :limd investments. ili} Notional account. The member share account is a notional account. used only for the purpose of calculation of the share distribution amount. It is not a separate account in the system. There is no change in the system's assets, and there is no distnbution available to the member or DROP participant until the member's or DROP participant's termination from employment. The member or DROP participant has no control over the investtnent ofthe share account. ill No emvlover discretion. TI1e share account benefit is determined pursuant to a specific f01mula which does not involve employer discretion. 1 5 Agenda Item 8E March 27, 2017 ill Maximum Additions. Notwithstanding any other provision of this Section, annual additions under this Section shall not exceed the limitations of Section 415( c) of the code pursuant to the provisions ofSection2-310.4, subsection(k) . .(k} IRC limit. The share account distnbution, along with other benefits payable from the system, is subject to limitation under Internal Revenue Code Section 415(b ). SECTION 10: Specific authority is hereby granted to codifY and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 12: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 13: l11at this Ordinance shall become effective upon its adoption PASSED ON FIRST READING, this ___ dayof _____ , 2017. PASSED AND ADOPTED ON SECOND READING, this ______ ,2017. MAYOR ATTEST: CITY CLERK Approved as to fomr CITY ATTORNEY dm/ab/pol/01 12 17.ord 1 6 day of Agenda Item 8E March 27, 2017 GRS February 6, 2017 Gabriel Roeder Sm ith & Company Consu ltan ts & Actuaries Mr. Russell Caffey Plan Administrator One East Broward Blvd . Suire 505 Fr. La ud e rda le, FL 333 0 1-1 804 City of Atlantic Beach Police Officers' Retirement System 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: City of Atlantic Beach Police Officers' Retirement System Actuarial Impact Statement Dear Russell: 954 .527 .1616 p hone 954.525.0083 fax \vww.gabrie lroedc r.<.:om As requested by Scott Christiansen in his letter of May 23, 2016, please find enclosed an Actuarial Impact Statement for the proposed ordinance (also enclosed). We have reviewed the proposed ordinance from an actuarial perspective. We were not requested to, nor did we review the ordinance from a legal or compliance perspective. The proposed ordinance would amend the City of Atlantic Beach Police Officers' Retirement System as follows: •. Amend Section 2-300, Definitions, for IRC changes and requirements, to amend the definitions of: a. Actuarial Equivalent -to refer to the investment return used in the last actuarial valuation approved by the board and to specify the mottality table unisex mix b. Credited Service -to clarify IRC regulations on leave conversions c. Effective Date -to clearly state the effective date d. Spouse-To clarify the definition in accordance with a recent US Supreme Court ruling • Amend Section 2-301, Membership, to limit those individuals eligible to opt-out of the system, to comply with recent IRC Treasury Regulation requirements. • Amend Section 2-303, Finances and Fund Management, to fmther incorporate recent IRC requirements with regard to investments in commingled funds. • Amend Section 2-305, Benefit amounts and eligibility, to change the Normal Retirement Date to include IRC required language regarding Normal Retirement Age and Normal Retirement Date. • Amend Section 2-310.4, Maximum Pension, to comply with IRC changes. • Amend Section 2-310.5, Minimum Distribution of Benefits, for a reference clarification in subsection (b )(2)( d) • Amend Section 2-310.16, Prior Police Service, subsection (5), to correct a reference. • Amend Section 2-310.18, Deferred Retirement Option Plan, in accordance with recent direction from the IRS in connection with the issuance of several recent Favorable Determination Letters to: i) clarify investment returns on DROP accounts, ii) clarify when earnings are calculated and paid, and iii) add several sections clarifying the DROP provisions as required by the IRS. Agenda Item 8E March 27, 2017 Mr. Russell Caffey February 6, 2017 Page 2 • Add Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185 Share Accounts. This Section creates a 'Share Plan', or defined contribution component, and the addition of a share plan is a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes. Per the latest collective bargaining agreement, no excess premium tax revenues will be allocated to the Share Plan until the Police Officers' Retirement System is fully funded. It is our understanding that the purpose of this ordinance is to conform with IRS regulations and recent changes in Florida Statutes, and/or to clarify the definitions above. We have determined that the plan provisions in the ordinance would have no significant measurable cost effect to the plan benefits. Please sign the Actuarial Impact Statement as the Plan Administrator and forward the original, and one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact statement prior to the second reading .. Division of Retirement Bureau of Local Retirement Systems Post Office Box 9000 Tallahassee, Florida 32315-9000 If you should have any questions, please give us a call. Sincerely, Piotr Krekora, ASA, MAAA Consultant & Actuary Enclosure cc: Mr. Scott R. Christiansen Gabriel Roeder Smith & Company Agenda Item 8E March 27, 2017 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION,ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 2-261, DEFINITIONS; AMENDING SECTION 2-264, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 2-266, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 2-274, MAXIMUM PENSION; AMENDING SECTION 2-275, MINIMUM DISTRffiUTION OFBENEFITS;AMENDINGSECTION 2-284, PRIOR GOVERNMENT SERVICE; AMENDING SECTION 2- 285, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 2-286, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICTHEREWITHAND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SECTION 1: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, ofthe Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-261, Definitions, to amend the definitions of "Actuarial Equivalent", "Credited Service", ''Effective Date", and "Spouse", to read as follows: * * * * * Actuarial equivalent means a benefit or ammmt of equal value, based upon the RP-2000 Combined Healthy Unisex (50/50 mix) Male Generational Mortality Table projected by Scale AA, and an interest rate of eight (8%) pet ammm egual to the investment return assmnption set forth in the last actuarial valuation approved by the board. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion Credited Service means the total number of years and fi·actional pmts of years of service as a general employee with member contnbutions, when required, omitting intervening years or fractional pmts of years when such member was not employed by the city as a general employee. If a vested member leaves the employ of the city, his accumulated contributions will be rettuned only upon his w1itten request. If a member who is not vested is not reemployed as a general employee with the city within five (5) years, his accumulated contributions, if one thousand dollars ($1 ,000.00) or less, shall be rettuned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one-thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lmnp sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfuited and terminated. The years or pmts of a year that a member performs "Qualified Military Service" consisting ofvoluntmy or involuntmy "service in the mriformed services" as defined in the Unifonned Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation fi·om Agenda Item 8F March 27, 2017 employment as a general employee to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions ofUSERRA. (2) The member returns to his employment as a general employee within the time frame as allowed by USERRA following the earlier of the date of his military discharge or his release fi·om service, unless otherwise required by USERRA. (3) The member deposits into the fund the same sum that the member would have contnbuted, if any, if he had remained a general employee during his absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contnbutions within a period equal to three times the period of military service, but not more than five (5) years, following re-employment or he will forfeit the right to receive credited service for his military service pursuant to this paragraph. (4) This paragraph is intended to satisfY the minimum requirements ofUSERRA. To the extent that this paragraph does not meet the minimmn standards ofUSERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while perfonning USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual receiving differential wage payments (as defined under IRC section 3401(h)(2)) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for pmposes of applying the limits on annual additions under IRC section 415(c). This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Leave conversions of unused accrued paid time off shall not be pemlitted to be applied toward the accmal of credited service either during each plan year of a member's employment with the City or in the plan year in which the member terminates employment. Effective date means the date on ~>Vhiehthis ordinance becomes eftCetive June 10,2013. * * * * * Spouse means the la~>Vful ~>V:ifu or htlsband of a member or ret:itee member's or retiree's spouse tmder applicable law at the tin1e benefits become payable. * * * * * SECTION 2: That Chapter 2, Administration, Alticle VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-264, Finances and Fund Management, subsection (f)(2)c., to read as follows: (f)(2) c. * * * * * In addition, the board may, upon recommendation by the board's investment consuhant, make investments in group trusts meeting the requirements of Intemal Revenue Service Revenue Ruling 81-1 00,_ and Revenue Ruling 2011- -2- Agenda Item 8F March 27, 2017 1, IRS Notice 2012-6 and Revenue Ruling 2014-24 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under IRC section 401(a), individual retirement accounts that are exempt under IRC section 408(e), eligtble governmental plans that meet the requirements of IRC section 457(b ), and governmental plans under IRC section 401(a)(24). For this purpose, a trust includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a trust under IRC section 401(f) or under IRC section 457(g)(3). While any portion of the assets of the fund are invested in such a gt·oup trust, such gt·oup trust is itself adopted as a part of the system or plan 1. Any collective or conm1on group trust to which assets of the fund are transferred pursuant to subsection c. shall be adopted by the board as patt of the plan by executing appropriate participation, adoption agreements, and/or tmst agreements with the group trust's trustee. 2. The separate account maintained by the group trust for the plan pursuant to subsection c. shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the plan. 3. For purposes of valuation, the value of the separate account maintained by the group trust for the plan shall be the fuir market value of the pmtion of the group trust held for the plan, determined in accordance with generally recognized valuation procedures. * * * * * SECTION 3: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-266, Benefit Amounts and Eligtbility, subsection (a), N mmal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. A member's normalretirement date shaH be the first day of the month coincident with; or next fuHo wing the attairnnent of age sixty (60) and the completion of five (5) years of credited set vice. A member may retire on h1s normalretirement date or on the first day of any month thereafter, and each member shaH become one htm:dred percent (1 00%) vested itt his accmed benefit on the member's normal retirement date. Notmal retirement ttnder the system is retiremerrt :liom employment with the City on 01 after the nonnal retirernerrt date. A member's normal retirement age is the attainment of age sixty (60) and the completion of five (5) years of credited service. Each member shall become one hundred percent (100%) vested in his accrued benefit at normal retirement age. A member's nmmal retirement date shall be the first day of the month coincident with or next following the date the member retires fi·om the City after attaining nmmal retirement age. * * * * * SECTION 4: That Chapter 2, Administration, Alticle VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-274, Maximum Pension, subsections (h), (1)(2), and by adding subsection (m), to read as follows: -3- Agenda Item 8F March 27, 2017 * * * * * (h) Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in tills section 2-274, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in tills subsection (h) of section 2-274 if the benefits payable, with respect to such member under tills system and under all other qualified defined benefit pension plans to which the City contnbutes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year and or for any prior limitation year,_ and the City has not at any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (1 0) years of credited service with the City, the limit under tills subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the mnnerator of which is the number of the member's years of credited service and the denominator of which is ten (1 0). * * * * * (1)(2) No member ofthe system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension :ti'om a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 69-1223, Title 10, U.S. Code. 1m) E(fect o(Direct Rollover on 415(b) Limit. If the plan accepts a direct rollover of an employee's or former employee's benefit fi·om a defined contnbution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more fuvorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for pmposes of the limit under Code Section 415(b). SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby atnended by amending Section2-27 5, Minimum Distribution of Benefits, subsection (b )(2)d., to read as follows: * * * * * d. If the member's smviving spouse is the member's sole designated beneficiary and the smviving spouse dies after the member but before distributions to the surviving spouse begin, tills subsection (b )(2), other than subsection (b )(2)a., will apply as if the smviving spouse were the member. For pmposes of tills subsection (b )(2). and snbseetion (e), distnbutions are considered to begin on the member's required beginning date or, if subsection (b )(2)d. applies, the date of distnbutions are required to begin to the surviving spouse under subsection (b )(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's sm'Viving spouse before the date distributions are required to begin to the smviving spouse under subsection (b )(2 )a.) the date distributions are considered to begin is the date distributions actually commence. * * * * * -4- Agenda Item 8F March 27, 2017 SECTION 6: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-284, Prior Government Service, subsection (5), to read as follows: * * * * * (5) In no event, however, may credited service be purchased pursuant to this Section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from a different employers' retirement system or plan as set forth in Section 2-274, subsection~ .()}ill. * * * * * SECTION 7: Timt Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-285, Reemployment After Retirement, to read as follows: Sec. 2-285. Reemployment after retirement. (a) Any retiree who is retired under this system, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from tllat employment without limiting or restricting in any way the retirement benefits payable under this system Reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement shall be ineligible to participate in this system and shall, during the period of such reemployment, continue to receive retirement benefits previously earned if he is at least age sixty-two (62), otherwise the system shall discontinue receipt ofbenefits until he reaches age sixtv-two (62) or terminates employment. (c) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall be ineligible to participate in this system and shall discontinue receipt of benefits fi·om the system Pension benefit payments shall be suspended for the period of any such reemployment, but shall be restored upon the earlier of termimtion of employment or such time as the reemployed retiree reaches the date that he wottld have been eligible fur nonnal retirement tmder this system had he eontintted employment and not elected early retnement age sixty-two (62). Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customaty retirement date provided for in the system at the time of retirement. (d) Reemployment of terminated vested persons. Reemployed tenninated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, termimted vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (e) DROP participants. Members or retirees who are or were in the defened retirement option plan shall, following termination of employment after DROP participation sllall be subject to the above restrictions. -5- Agenda Item 8F March 27, 2017 SECTION 8: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended by amending Section 2-286, Deferred Retirement Option Plan, to read as follows: Sec. 2-286. Deferred retirement option plan. (a) Definitions. As used in this Section 2-286, the following definitions apply: (1) ''DROP" --The City of Atlantic Beach General Employees' Retirement System Deferred Retirement Option Plan (2) ''DROP Account" --The account established for each DROP participant under subsection (c). ill "Total return of the assets"--For pruposes of calculating earnings on a member's DROP account pursuant to subsection (c)(2)b., for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends earned on investments, including realized and unrealized gains (or losses), of the total Plan assets. (b) Participation. (1) Eligibility to Participate. In lieu of terminating his employment as a general employee, any member who is eligtble for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to Participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day ofthe first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of Participation. A member who elects to participate in the DROP under subsection (b )(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an in·evocable election to resign from the service of the City not later than the date provided for in the previous sentence. A member may participate only once. (4) Termination of Participation. a. A member's participation in the DROP shall cease at the earlier of 1. the end of his pem1issible period of participation in the DROP as determined under subsection (b )(3); or 2. termination ofhis employment as a general employee. b. Upon the member's temrination of participation in the DROP, pursuant to subsection a. I. above, all amounts provided for in subsection (c)(2), including monthly benefits and investment eamings and losses, shall cease to be transferred from the system to his DROP Account. Any amounts remaining in 11is DROP Account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a general employee. -6- Agenda Item 8F March 27, 2017 c. A member who terminates ills participation in the DROP under tills subsection (b)( 4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP Participation on the System. a. A member's credited service and ills accrued benefit under the system shall be determined on the date ills election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating ills average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal or early retirement and not elected DROP participation. Member contnbutions attnbutable to any lun1p sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP Account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost-o:f.living adjustment for retirees in the system) while he is a patticipant in the DROP. After a member commences patticipation, he shall not be permitted to again contnbute to the system nor shall he be eligtble for disability or pre-retirement death benefits, except as provided for in Section 2-285, Reemployment After Retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the systetn, if a member's pmticipation in the DROP is terminated other than by terminating ills employment as a general employee, no amounts shall be paid to hint from the system until he terminates his employment as a general employee. Unless otherwise specified in the systetn, amounts transferred from the system to the member's DROP Account shall be paid directly to the member only on the termination ofills employment as a general employee. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member patticipating in the DROP. A member's DROP Account shall consist of amounts transfetred to the DROP under subsection (c)(2), and eamings or losses on those amounts. (2) Transfers From Retirement System. a. As ofthe first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a general employee and elected to receive monthly benefit payments thereunder shall be transferred to ills DROP Account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates ills employment as a general en1ployee. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP Account under tills subsection (c)(2) shall be debited or credited after each fiscal ycat qttartet with eamings, to be credited or debited to the member's -7- Agenda Item 8F March 27, 2017 DROP account, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment retrnn realized by the system for that quarter. ''Net investment return" for the purpose ofthis paragraph is the total return of the assets in which the Member's DROP Account is invested by the board net of brokerage commissions, transaction costs and management fees. For purposes of calculating earnings on a member's DROP account pursuant to this subsection (c)(2)b., brokerage commissions, transaction costs, and management fees shall be determined for each quarter by the investment consultant pursuant to contracts with fimd managers as reported in the custodial statement. The investment consultant shall report these quarterly contractual fees to the board. The investment consultant shall also report the net investment return for each manager and the net investment retrnn for the total plan assets. c. A member's DROP Account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distnbution to the member upon termination ofparticipation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distnbution If a Member mils to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's :first month of employment fOllowing the last month of the permissible period of DROP participation, the member's DROP Account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non-transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the City. A member employed by the City after the permissible period of DROP participation will still not be eligtble for pre-retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section M86 2-285, Reemployment After Retirement. (d) Distribution of DROP Accounts on Termination of Employment. (1) Eligibility for Benefits. A member shall receive the balance in his DROP Account in accordance with the provisions of this subsection (d) upon his termination of employment as a general employee. Except as provided in subsection (d)(5), no amounts shall be paid to a member :fi'Om the DROP p1ior to his termination of employment as a general employee. (2) Form of Distribution. a. Unless the member elects otherwise, distribution of his DROP Account shall be made in a lrnnp sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragt·aph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his bene:ficimy in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distnbuted to the member's estate. -8- Agenda Item 8F March 27, 2017 (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on form; designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of Death and Right of Beneficiary or Other Person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP Account as the board may deem proper and its detennination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution Limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall confmm to the ''Minimum Distribution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distnbutions made on or after January 1, 2002. Notwithstanding any provision ofthe DROP to the contrary, a distributee may elect to have any portion of an eligtble rollover distribution paid in a direct rollover as othe1wise provided under the System in Section 2-281. (e) Administration of DROP. (1) Board Administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regtllations as they deem desirable for the conduct of their a:ffitirs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such pmtion of their duties under the DROP, other than those granted to them as trustee under any oust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to hinlself (2) Individual Accounts, Records and Reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP Account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary desc1iptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of Rules. Subject to the limitations of the DROP, the board fi·om time to time shall establish rules for the adminisn·ation of the DROP and the transaction of its business. The Board shall have discretionmy authority to construe and interpret the DROP (including but not linllted to determination of an individuafs eligtbility for DROP participation, the 1ight and amount of any benefit payable tmder the DROP and the date on which any individual ceases to be a participant in the DROP). The -9- Agenda Item 8F March 27, 2017 determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of Liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or :fuilure to act, made in good :fuith in relation to the DROP or the fimds ofthe DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel The board shall be fully protected with respect to any action taken or suffered by it in good :fuith in reliance upon such expert, accountant, actuary or counseL and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General Provisions. ill The DROP is not a separate retirement plan. fustead, it is a program under which a member who is eligtble for normal retirement under the system may elect to accrue future retirement benefits in the manner provided in this Section 2-286 for the remainder of his employment, rather than in the normal manner provided under the plan. Upon termination of employment, a member is entitled to a lump sum distnbution ofhis or her DROP account balance or may elect a rollover. The DROP account distnbution is in addition to the member's monthly benefit. ill Notional account. The DROP account established for such a member is a notional account, used only for the purpose of calculation of the DROP distnbution amount. It is not a separate account in the system There is no change in the system's assets, and there is no distribution available to the member until the member's termination from the DROP. The member has no control over the investment of the DROP account. ill No emplover discretion. The DROP benefit is determined pursuant to a specific formula which does not involve employer discretion. ffi IRC limit. The DROP account distnbution, along with other benefits payable from the system, is subject to limitation under futernal Revenue Code Section 415(b ). (t 2) Amendment of DROP. The DROP may be amended by an ordinance of the City at any tin1e and fi·om time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any patt of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any member. (Z. §.) Facility of Payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affuirs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. -10- Agenda Item 8F March 27, 2017 (3-1) !Jiformation. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall :file with the Board the information that it shall require to establish his rights and benefits under the DROP. (4 ~) Prevention of Escheat. Ifthe board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficimy later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions ofthe DROP. (52.) Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions ofthe DROP shall be made in writing and :filed with the board in a time and manner detennined by the board under rules unifonnly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it detennines after due dehberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail b. Each member or retiree who has a DROP Account shall be responsible for fumishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is rettuned, mailing of checks, advices and direct deposit of funds will be suspended until such time as the member or retiree notifies the board of his address. (6 10) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the member's DROP Account and neither the City nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (9-ll) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law conhuls. b. The titles and headings of the subsections in this Section 2-286 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall conh·ol (8 12) Fmfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions -11- Agenda Item 8F March 27, 2017 applicable to the system DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9 .U.) Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. SECTION 9: Specific authority is hereby granted to codifY and incorporate this Ordinance in the existing Code of Ordinances of the City of Atlantic Beach. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with approp1iate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 12: That this Ordinance shall become effective upon its adoption PASSED ON FIRST READING, this ___ day of _____ , 2017. PASSED AND ADOPTED ON SECOND READING, this -------' 2017. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dnvab/gen/Ol-12-17.ord -12- day of Agenda Item 8F March 27, 2017 GRS February 6, 2017 Gabri el Ro eder Smith & Co mp any Cons ulta nt s & Ac tu a ri es Mr. Russell Caffey Plan Administrator O n e Ea r Browa rd Bl vd. Su ire 505 Fr. La ud e rd a le, FL 33301 -1 804 City of Atlantic Beach General Employees' Retirement System 800 Seminole Road Atlantic Beach, Florida 32233-5445 RE: City of Atlantic Beach General Employees' Retirement System Actuarial Impact Statement Dear Russell: 954 .52 7 .16 16 ph one 954 . ~25.0083 fax w ww.ga b r iclrocdc r.com As requested by Scott Christiansen in his letter of May 2, 2016, please find enclosed an Actuarial Impact Statement for the proposed ordinance (also enclosed). We have reviewed the proposed ordinance from an actuarial perspective. We were not requested to, nor did we review the ordinance from a legal or compliance perspective. The proposed ordinance would amend the City of Atlantic Beach General Employees' Retirement System as follows: • Amend Section 2-261, Definitions, for IRC changes and requirements, to amend the definitions of: a. Actuarial Equivalent -to refer to the investment return used in the last actuarial valuation approved by the board and to specify the mmtality table unisex mix b. Credited Service -to clarify IRC regulations on leave conversions c. Effective Date-to clearly state the effective date of the plan d. Spouse -To clarify the definition in accordance with a recent US Supreme Com1 ruling • Amend Section 2-264, Finances and Fund Management, to further incorporate recent IRC requirements with regard to investments in commingled funds. • Amend Section 2-266, Benefit amounts and eligibility, to clarify the Normal Retirement Date to include IRC required language regarding Normal Retirement Age and Normal Retirement Date. • Amend Section 2-274, Maximum Pension, to comply with IRC changes. • Amend Section 2-275, Minimum Distribution of Benefits, for a reference clarification in subsection (b )(2)d. • Amend Section 2-284, Prior Government Service, subsection (5), to correct a reference. • Amend Section 2-285, Reemployment After Retirement, to clearly reflect recent IRC guidance on the ability to continue to receive retirement benefits from the system upon reemployment after normal or early retirement. • Amend Section 2-286, Deferred Retirement Option Plan, in accordance with recent direction from the IRS in connection with the issuance of several recent Favorable Determination Letters to i) clarify investment returns on DROP accounts, ii) clarify when earnings are calculated and paid, and iii) add several sections clarifying the DROP provisions as required by the IRS. Agenda Item 8F March 27, 2017 Mr. Russell Caffey February 6, 2017 Page 2 It is our understanding that the purpose of this ordinance is to conform with IRS regulations and/or to clarify the definitions above. We have determined that the plan provisions in the ordinance would have no significant measurable cost effect to the plan benefits . Please sign the Actuarial Impact Statement as the Plan Administrator and f01ward the original, and one copy, along with a copy of the ordinance to the address below. Please file the Actuarial Impact statement prior to the second reading. Division of Retirement Bureau of Local Retirement Systems Post Office Box 9000 Tallahassee, Florida 32315-9000 If you should have any questions , please give us a call. Sincerely, Piotr Krekora, ASA, MAAA Consultant & Actuary Enclosure cc: Mr. Scott R. Christiansen Gabriel Roeder Smith & Company Agenda Item 8F March 27, 2017 AGENDA ITEM: SUBMITIED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Beach Access/Parking Issues Kevin Hogencamp1 Interim City Manager~ March 161 2017 Following a March 13 citizen presentation delineating 18th Street public safety concerns and an ensuing City Commission discussion/ Mayor Reeves requested that the matter of beach access/parking issues be placed on the March 27 City Commission agenda. City staff is directly addressing concerns regarding 18th Street public safety concerns; an updated will be provided in my March 22 city manager1 s report. Meanwhile/ to begin tackling beach access issues holistically/ I am putting together an ad-hoc citizens/ panel to conduct a review and provide recommendations. In four days/ as many as 10 citizens have already answered my call to serve the community in this capacity. The panei 1 S recommendations will be incorporated into a staff review of this very important community issue. I will update the City Commission on this endeavor along the way. RECOMMENDATION: None; presented as information ATIACHMENT: 18th Street Public Safety Concerns: Historical information and recommendations (presented by interested citizens) Agenda Item 8G March 27, 2017 18th Street Public Safety Concerns Svhrn;fi~d bl W7hCern~d c;.f-,7..~n5 on z.jz..'f/17 Historical information: June 10, 1991: August 2013: Dec. 2015: Late 2016: Mayor Gulliford and Commission reduce hours for parking at citizen request prohibiting between 6AM-11PM. 18th remains largest public parking area for beach access in the City. 19th street deemed too narrow for angled parking so made parallel parking on one side per Chief Thompson's request. Carolyn Woods requested additional trash cans be installed along 18th due to the trash that collects during the weekends during the beach-going season. Due to citizen concerns about vermin in the open cans, the cans were removed and the Toter movable cans returned to the parking area. Request made to make Beachside part of neighborhood watch program after multiple issues of suspicious activity found after dark in the parking area. Burglary and attempted car thefts in the Beachside neighborhood continue. Options for improving Public Safety on 18th Street: * Add more lighting to discourage after hours use * Reduce hours allowed for parking to match other city parks * Put area on ABPD route sheet, plus check on beach areas near access ramps * Increase sanitation pick-ups on weekends during the season * City install higher fence along public parking area February 24, 2017 Agenda Item 8G March 27, 2017 AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Salary Administration Plan Revisions Catherine Berry, J.D., Director of Human Resources March 8, 2017 None BACKGROUND: In a Dec. 19, 2016 staff report and at the Jan. 9, 2017 Commission meeting, Commissioner Stinson presented a plan to ensure that employees who have reached the maximum in their paygrade are fairly compensated. The City currently has 11 employees who have achieved the maximum compensation for their paygrade and, thus, have little or no significant career development opportunities to advance to a higher paygrade. These are long- term employees {22 years to over 40 years). Of these 11 employees, three are governed by the police union contract and the salary cap for their paygrade has been removed as a condition of the union contract. The proposal instituted by Commissioner Stinson and endorsed by the Interim City Manager is to establish a policy to award maxed-out employees an annual bonus equal to the difference in the amount of their salary and what they would have received if they weren't maxed out. For the current fiscal year, creating this policy would result in a total of $6,843.20 in bonuses being awarded to the eight affected employees. RECOMMENDATION: Approval of a City policy awarding bonuses to maxed-out employees as described above for the FY 2016-17 --and annually thereafter when the Commission approves salary increases. ATTACHMENTS: BUDGET: Dec. 19, 2016 report by Commissioner Stinson Jan. 9, 2017 City Commission minutes $6,843.20 for the current year. Agenda Item 8H March 27, 2017 AGENDA ITEM: SUBMITTED BY: REPORT DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 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 I 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 I 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. Agenda Item 8H March 27, 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: Minimum Pay Grade AA: Midpoint of Grade Range: Maximum Pay Grade AA: Assume the three following cases: AA $80,000.00 $100,000.00 $120,000.00. 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 employee'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 3o/o 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%. Agenda Item 8H March 27, 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 f 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 Agenda Item 8H March 27, 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 23rd of January 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: 10% of the overall annual increase paid at the end of fiscal quarter one (31 Dec), 15% of the overall annual increase paid out at the end of fiscal quarter two (31 Mar), 25% of the annual increase paid out at the end of fiscal quarter three (30 Jun) and the remaining 50% 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. Agenda Item 8H March 27, 2017 MAYOR AND COMMISSION April2017 :-,[ '\.,[) \'\ \l(l'\.,[)\1 I l I :-,[) \ '\ \\I [)'\..! ~1) \'\ !Ill lbl)\'\ I IU l) \ '\ :-,\II IW \ '\ 1 2 3 4 5 6 7 Newsletter Due 8 (Hill) Due Date for 4/24 Agenda Items 9 10 11 12 13 14 15 Egg Hunt Commission Mtg Shakespeare in the 10 am -1 pm 6 :30pm Park-8 pm Jordan Park (Invoc-Waters) Johansen Park Shakespeare in the Park 8 pm 16 17 18 19 20 21 22 Town Hall Mtg NEFLC Dinner Due Date for 10 am-Noon (Starke) 5/8 Jordan Park Agenda Items Arts in the Park 10 am -5 pm 23 24 25 26 27 28 29 Commission Mtg 6 :30pm (lnvoc-Reeves) 30 Agenda Item 9B March 27, 2017 MAYOR AND COMMISSION May 2017 :-;['\.[) \\' \J(l \.[)\\ II I :-;!)\ \ \\1!)\.1 ~1)\\ I il l IZ:-;[) \\ I IU!) \ \' ~\ll 1{1 )\\ 1 2 3 4 5 6 Due Date for 5/22 Agenda I terns 7 8 9 10 11 12 13 Commission Mtg 6:30pm Newsletter Due (lnvoc-Stinson) (Harding) 14 15 16 17 18 19 20 NEFLC Dinner Dancin' in the (Beaches) Streets 11 am-9:30 pm Town Center 21 22 23 24 25 26 27 Commission Mtg Due Date for 6:30pm 6/12 (Invoc-Hill) A genda Items 28 29 30 31 Memorial Day City Offices Closed Agenda Item 9B March 27, 2017 MAYOR AND COMMISSION June 2017 Sl '\:D.\Y \l<l:\1)\Y Tl 'l :SD .\Y \\'1·:1)'-. I ·:s n .\ Y Tlll 'J{S[)\Y I ·!Ul ).\Y s \'ll 'lm .\Y 1 2 3 4 5 6 7 8 9 10 Due Date for Newsletter Due 6/26 (Mayor) Agenda Items 11 12 13 14 15 16 17 Commission Mtg 6:30pm (lnvoc -Harding) 18 19 20 21 22 23 24 Due Date for 7/10 Agenda Items 25 26 27 28 29 30 Commission Mtg 6:30pm (Invoc-Waters) Agenda Item 9B March 27, 2017