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4-24-17 Agenda PacketInvocation and pledge to the flag Call to order 1. Approval of minutes CITY OF ATLANTIC BEACH CITY COMMISSION MEETING APRIL 24,2017-6:30 PM AGENDA 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. Deputy City Manager. 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 Recreation and Special Events Repmi and Building Depmiment Monthly Activity Report for March 2017. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 95-17-114, Public Hearing and Final Reading 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 LIGHTING, AND ENFORCEMENT AND PENAL TIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. B. Ordinance No. 58-17-40, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, 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; 1 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. C. Ordinance No. 58-17-41, Public Hearing and Final Reading 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 DISTRIBUTION OF BENEFITS; AMENDING SECTION 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 CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business (Discussion only) A. Fleet Landing PUD Modification 9. City Manager Reports A. City Manager's Report B. 90-Day Calendar (May 2017 through July 2017) 10. Reports and/or requests from City Commissioners and City Attorney A. Arbor Day Proclamation (Mayor Reeves) 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 effmt 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 patticipate in this meeting should contact the City Clerk by 5:00 PM, Friday, April 21,2017. 2 Agenda Item 3A April 24, 2017 AGENDA ITEM: SUBMITIED BY: DATE: STRATEGIC PLAN: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Deputy City Manager Catherine Berry, J.D., Director of Human Resources April13, 2017 None BACKGROUND: Section 11 of the City Charter provides for the appointment of a deputy city manager to be hired as approved by the City Commission and who shall be compensated at a rate set by the City Commission. Attached is a job description for the Deputy City Manager position, along with a copy of the City's pay scale. The position description allows for fluidity between the duties of the City Manager and Deputy City Manager and enables the City Manager to have the flexibility to assign responsibilities as appropriate for the City. Most department heads that are hired by the City are hired at or near midpoint of the pay range. The annual salary pay range for this position is $80,103 to $125,186, with $102,645 as the midpoint. Staff who act as interim department heads receive 12% added duty pay during the time they are acting in that capacity. RECOMMENDATION: Appoint Kevin Hogencamp as Deputy City Manager, effective immediately, at a salary of $96,000 annually. Additionally, approve Mr. Hogencamp continuing to serve as Interim City Manager, with 12-percent added duty pay, until a new City Manager is hired. ATIACHMENTS: Section 11 of the City Charter Deputy City Manager position description City of Atlantic Beach pay scale BUDGET IMPACT: , REVIEWED BY INTERIM CITY MANAGER: --,,'-(_.,.~A,"""~~....;;;~..:::1""'~--"~(_?,-+f""'"(J_,J_/.,...,;, '""k-t-"""2)+/~""'/:7""'"',_/ __ Agenda Item 3A April 24, 2017 • Sec. 11.-Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may request, if they deem it necessary, a deputy city manager and deputy city clerk, respectively, to be hired as approved by the city commission and who shall be compensated at a rate set by the city commission. Agenda Item 3A April 24, 2017 City of Atlantic Beach Job Description _{Coll!pleted by HR) Job Title: Deputy City Manager New: 0 Reef: D Reports to (Title): City Manager Job Code: Department/Division: City Manager Grade: 26 FLSA: Exempt GENERAL SUMMARY: Performs complex professional and administrative work assisting the City Manager in a variety of assignments relating to the planning, direction, control and evaluation of the operations and programs of the city government and relations with the City Commission, and performs related work as required. Work is performed under the general supervision of the City Manager. DUTIES AND RESPONSIBILITIES: • Is acting City Manager in his absence; • Assists the City Manager with the direction, control and evaluation of City operations; • Researches grant opportunities and ensures that appropriate grants are submitted; • Prepares correspondence, news releases and speaks to civic and community groups to represent the City and promote and explain City policies and programs; • Receives, processes and resolves citizen complaints and service requests; • Responds to inquiries from the City Commission and the public; • Assists the City Manager in preparing material for City Commission agendas, attends Commission meetings, provides information or technical assistance, prepares research reports and follow-up as required; • Participates in budget preparation and administration; helps develop and control the operating budgets and directs the expenditure of funds for major programs and justify departmental needs. • Monitors the selection, training, promotion, and disciplinary practices to ensure compliance with applicable contracts and laws; evaluate subordinates' performance and productivity through review of reports, observations, and results obtained; authorizes major personnel actions and organizational changes; administers disciplinary actions in accordance with union contracts and personnel policies and procedures; • Establishes goals and objectives, formulates comprehensive plans, provides guidance and direction, and monitors operation to ensure proper development and successful implementation of services and related programs; • Guides and assists other departmental directors and coordinates, troubleshoots and oversees specialized projects and programs; • Serves as liaison between City Manager and operating department heads and various boards, committees and agencies, as directed by the City Manager; • Performs liaison activities to local and governmental agencies and organizations; • Directs planning and research activities and establishes policies, procedures, and new/revised programs; conducts evaluation of existing systems and programs and develops proposals for improvements; • Attends various business, civic, and social events to represent the City. Makes presentations as needed to promote public awareness of City programs; • Performs related work as needed to ensure the accomplishment of City goals and objectives. Education and Experience: Bachelor's Degree in public administration, business administration or a related field and at least six (6) years of managerial experience; or an equivalent combination of education, training and experience. Masters Degree and governmental experience preferred. Licenses and/or Certificates: Valid Driver's License and a satisfactory Motor Vehicle Record (MVR). Knowledge, Skills, and Abilities: Thorough knowledge of modern business management, leadership, and the principles and practices of public administration. Thorough knowledge of sources of information related to problems of local government. Thorough knowledge of customers, their needs and level of services. Thorough knowledge of financial planning, City programs, policies and departments. 1 Agenda Item 3A April 24, 2017 City of Atlantic Beach Job Description Ability to plan, coordinate, and direct multiple projects and programs and to evaluate work accomplishments. Ability to analyze, prepare, and present needs and control budgets. Ability to analyze and interpret statistics, studies, and analyses relate the results to solution of problems. Ability to establish and maintain effective working relationships with department officials, other City employees, citizen and professional groups, and the general public. Ability to effectively communicate verbally and in writing, both directly and through social media. Ability to effectively manage employees and programs. WORKING CONDITIONS: The physical conditions that apply to the Worker in this job are described as follows: w D D D D D D D D D D None: The worker is not substantially exposed to adverse environment conditions: job likely consists of typical office work or administrative work. The worker is subject to inside environmental conditions: protection from weather conditions but not necessarily from temperamental changes (i.e. warehouses, covered loading docks, garages, etc). The worker is subject to outside environmental conditions: no effective protection from the weather. The worker is subject to extreme cold: temperatures below 32 degrees for periods of more than one hour. The worker is subject to extreme heat: temperatures above 100 degrees for periods of more than one hour. The worker is subject to noise: there is sufficient noise to cause the workers to shout in order to be heard above the surrounding noise level. The worker is subject to vibration: exposure to oscillating movements of the extremities or whole body. The worker is subject to hazards: includes a variety of physical conditions, such as proximity to moving mechanical parts, electrical current, working on scaffolding and high places or exposure to chemicals. The worker is subject to atmospheric conditions: one or more of the following conditions that affect the respiratory system or the skin: fumes, odors, dust, mists, gases or poor ventilation. The worker is subject to oils: there is air and/or skin exposure to oils and other cutting fluids. The worker is required to wear a respirator. 2 Agenda Item 3A April 24, 2017 City of Atlantic Beach Job Description PHYSICAL ACTIVIITES: Essential physical activities: D Climbing 0 Balancing 0 Reaching 0 Standing [8] Fingering [8] Grasping D Repetitive Motion D Other (list): MATERIALS AND EQUIPMENT: 0 Stooping 0 Walking D Feeling D Kneeling D Pushing [8] Talking 0 Crouching D Pulling 0 Hearing Machines, tools, equipment, electronic devices, software, etc. used by position: [X] Camera/photographic equipment D Cleaning supplies (for firearms) D Commercial vehicle [X] Data processing equipment D Handcart D Hand tools D Headset 0 Office equipment (desk, chair, phone, etc.) [X] Office machines (copier, facsimile, calculator, cash register, etc.) [X] Office supplies (pens, staplers, pencils, etc.) D Packaging materials (boxes, shrink wrap, etc.) 0 PC equipment (monitor, keyboard, printer, etc.) [X] PC software D Public safety equipment (firearms, radar, radio, mobile video systems, etc.) D Other (list): [KJ Crawling D Lifting [8] Driving DISCLAIMER: The above information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties and qualifications required of employees assigned to this job. For Office Use Only Revision Date: Updated and title changed to Deputy City Manager, to comply with Charter. 4/2017 Previous Revision Date: Previous Title: New Position -10/01/08 3 Agenda Item 3A April 24, 2017 CITY OF ATLANTIC BEACH PAY SCALE (4/05/2017) 1 ::>a1ary Grade Minimum Midpoint Maximum Minimum Midpoint Maximum life Guard 13 $10.99 $13.83 $16.67 $22,856 $28,760 $34,663 School Guard 13 $10.99 $13.83 $16.67 $22,856 $28 760 $34,663 Clerical Assistant -PT 14 $12.00 $15,07 $18.15 $24,957 $31344 $37,752 life Guard lieutenant 14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 Police Records Clerk 14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 Dispatcher I Public Works L14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 Gardener {Landsci!Jle and Park Maintenance) L14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 General Maintenance Worker L14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 Meter Reader L14 $12.00 $15.07 $18.15 $24,957 $31,344 $37,752 Accounts Payable Clerk 15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Animal Control Officer 15 $13.07 $16.42 $19.78 $27,184 $34,158 $41,133 Administrative Clerk (PW) 15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Customer Service Representative 15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 life Guard Captain 15 $13.07 $16.42 $19.78 $27,184 $34,158 $41,133 Police Records SJlecialist 15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Property I Evidence Records Clerk 15 $13.07 $16.42 $19.78 $27,184 $34,158 $41,133 Recreation Coordinator 15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Park Ranger I L15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Sign I Building Maintenance L15 $13.07 $16.42 $19.78 $27,184 $34,158 $41,133 Utility Collection/Distribution Operator Trainee L15 $13.07 $16.42 $19.78 $27,184 $34158 $41,133 Administrative Assistant-Recreation 16 $14.22 $17.87 $21.56 $29,579 $37 227 $44,852 Building Permit Tech (Rece~tionist/Building Permit Clerk) 16 $14.22 $17.87 $21.56 $29,579 $37 227 $44,852 Emergency Communications Operator 16 $14.22 $17.87 $21.56 $29,579 $37 227 $44,852 Building Maintenance Tech L16 $14.22 $17.87 $21.56 $29,579 $37,227 $44,852 Heall}' Equipment Operator L16 $14.22 $17.87 $21.56 $29,579 ~7,227 $44,852 Painter II L16 $14.22 $17.87 $21.56 $29,579 $37 227 $44,852 Park Ranger II L16 $14.22 $17.87 $21.56 $29,579 $37,227 $44,852 Utili!'{ Collection I Distribution Operator L17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 Administrative Assistant-Building_ & Zoning 17 $15.50 $19.49 $23.48 $32,247 $40545 $48,843 Administrative Assistant -City Clerk 17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 Administrative Assistant-Police 17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 Administrative Assistant-Public Works 17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 Records Management Clerk 17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 lift Station Technician L17 $15.50 $19.49 $23.48 $32,247 $40,545 $48,843 Utility Billing Specialist 17 $15.50 $19.49 $23.48 $32,247 $40 545 $48,843 Executive Assistant-CM {was Admin Assistant\ 18 $16.91 $21.26 $25.62 $35,167 $44 222 $53,298 Human Resources Assistant 18 $16.91 $21.26 $25.62 $35,167 $44 222 $53,298 Purchasing Agent 18 $16.91 $21.26 $25.62 $35,167 $44 222 $53,298 Utility Billing Supervisor 18 $16.91 $21.26 $25.62 $35,167 $44 222 $53,298 Code Enforcement Coordinator 19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Contracts & Permit Coordinator 19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Emergency Communications Supervisor 19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Parks Maintenance & Beautification Supervisor 19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 PC/Server Technician 19 $18.43 $23.19 $27.94 $38,340 $48,235 $57,108 Streets/Stormwater Supervisor 19 $18.43 $23.19 $27.94 $38,340 $48,235 $57,108 GIS Technician I Cross Connection Admin L19 $18.43 $23.19 $27.94 $38,340 $48,235 $57,108 Pollee Detective 40 hour workweek P19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Pollee Officer 40 hour workweek P19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Pollee Officer 42 hour workweek P19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Pollee Officer First Class 42 hour workweek P19A $18.43 $23.19 $28.78 $38,340 $48 235 $58,821 Senior Pollee Officer 42 hour workweek P19B $18.43 $23.19 $29.64 $38,340 $48 235 $60,585 Wastewater I Water Operator 1/11 L19 $18.43 $23.19 $27.94 $38,340 $48 235 $57,108 Accountant 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Building Inspector 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Customer Service Supervisor 20 $19.37 -$25.96 $32.56 $40,293 $53 991 $67,730 Planner 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Public Works Inspector 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Public Works Maintenance Director and Permits 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Support Services Manager 20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Wastewater I Water Operator III/IV L20 $19.37 $25.96 $32.56 $40,293 $53 991 $67,730 Deputy Public Works Director-PW 22 $23.62 $31.70 $39.78 $49,137 $65 944 $82,749 Director Recreation Programs & Special Events 22 $23.62 $31.70 $39.78 $49,137 $65944 $82,749 Waste Water Plants S~erintendant 22 $23.62 $31.70 $39.78 $49,137 $65 944 $82,749 Water Plant Superintendant 22 $23.62 $31.70 $39.78 $49,137 $65 944 $82,749 Pollee Sergeant 40 hour workweek P22 $23.62 $31.70 $39.78 $49,137 $65 944 $82,749 Pollee Sergeant 42 hour workweek P22 $23.62 $31.70 $39.78 $49,137 $65,944 $82,749 Building Official Director 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Deputy Public Works Director-Utilities 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Deputy Finance Director 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Conv~yance Division Director 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Director Information Technology (IT) 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Police lieutenant 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Director of Planning & Community Development 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Utility Plant Division Director 23 $26.47 $35.51 $44.56 $55,062 $73 864 $92,688 Director of Human Resources 24 $29.64 $39.77 $49.89 $61,658 $82 729 $103,779 Police Commander 24 $29.64 $39.77 $49.89 $61,658 $82 729 $103,779 Director of Finance 25 $33.78 $45.33 $56.88 $70,272 $94 283 $118,317 Director of Public Works 25 $33.78 $45.33 $56.88 $70,272 $94 283 $118,317 Chief of Police 26 $38.51 $49.35 $60.19 $80,103 $102 645 $125,186 Deputy City Manager 26 $38.51 $49.35 $60.19 $80,103 $102 645 $125,186 Agenda Item 4A April 24, 2017 Building Department Monthly Activity Report I March 2017 Permits Issued Building Permit Fees Construction Value Inspections FY2016 FY2017 YTD FY2016 FY2017YTD FY2016 FY2017 YTD FY2016 FY2017 YTD Single Family/SF Attached 112 53 $130,109.23 $57,692.77 $38,690,936.00 $17,990,640.00 Building 3328 1841 Duplex 1 0 $0.00 $0.00 $0.00 $0.00 Plumbing 919 471 Multi Family 1 0 $0.00 $0.00 $0.00 $0.00 Mechanical 817 438 Residential Addition 53 24 $16,902.21 $4,942.57 $4,130,721.00 $800,118.00 Electrical 1008 508 Commercial New 7 0 $6,068.85 $0 .00 $2,354,105.00 $0.00 Roof 797 541 Commerical Addition 1 0 $140.00 $0.00 $18,000.00 $0.00 Other 97 43 Other 2556 1232 $262,500.87 $126,545.37 $23,765,152.52 $8,816,319.15 TOTAL 6966 3842 TOTAL 2731 1309 $415,721.16 $189,180.71 $68,958,914.52 $27,607,077.15 Perm1ts Issued March 2017 I Building Construction Fees Collected March 2017 No Issued Permit Fees Value Single Family/SF Attached 5 $5,329.60 $1,736,531.00 Re-lnspection Fees $660.00 Duplex/ Multi-Family 0 $0.00 $0.00 State Surcharges $1,109.43 Residential Addition 5 $1,014.00 $171,800.00 10% City Retained Surcharge Fees $110 .94 Res. Alteration/ Other 15 $2,650.80 $351,345.00 Commercial New 0 $0.00 $0.00 Inspections March 2017 Commercial Addition 0 $0.00 $0.00 Comm. Alteration/ Other 1 $0.00 $20,000.00 Building 401 Demolition 7 $702.00 $33,350.00 Plumbing 69 Swimming Pool 0 $0.00 $0.00 Mechanical 73 Roof 43 $4,000.74 $369,990.81 Electrical 92 Driveway/ ROW 3 $70.00 $24,200.00 Roof 155 Fence/ Wall/ Barrier 11 $530.00 $26,289.00 Other 7 Electrical 46 $4,978.10 $185,090.00 TOTAL 797 Mechanical 54 $5,376.00 $197,690.55 Plumbing 31 $3,810.00 $8,185.00 Residential Projects to Note: Sign 1 $195.00 $18,999.00 Res. Accessory Structure 0 $0.00 $0.00 Fire 0 $0.00 $0.00 Shed 1 $73.00 $4,600.00 Commercial Projects to Note: Other Misc. 12 $1,210.67 $131,247.52 TOTAL 235 $29,939.91 $3,279,317.88 Agenda Item 7A April 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Sea Turtle Protection Ordinance No. 95-17-114 Derek W. Reeves, Planner April 11, 2017 BACKGROUND: This item was previously discussed at the March 27, 2017 regular Commission Meeting where it was moved forward and approved at First Reading on April 10, 2017. The Second Reading and Public Hearing are set for April24, 2017. Staff was asked to bring additional statistics on citations and notice of violations back to the next meeting, but that information was not available at the time of writing this report. Possible changes were discussed related to the removal of regulations related to indirectly visible. A redline draft is included showing those changes. A question arose about the disturbance or interference with sea turtles and who oversees that. State Statute 379.2431 defines the protections in place for sea turtles and the penalties for violations. This is enforced by the law enforcement division of the Florida Fish and Wildlife Commission. BUDGET: None. RECOMMENDATION: To approve Ordinance No. 95-17-114 as read by title on Second Reading. ATTACHMENT(S): Ordinance No. 95-17-114, Indirectly Visible Draft Ordinance. State Statute 379.2431 Marine Animals; Regulation LINK(S): None. REVIEWEDBYCITYMANAGER: ~4 ~4't~6' Agenda Item 7A April 24, 2017 ORDINANCE 95-17-114 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 LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is a coastal city with approximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of Atlantic Beach's shoreline provides important nesting habitat for endangered and threatened sea turtles; and WHEREAS, the City of Atlantic Beach's shoreline is heavily developed with structures utilizing artificial lighting; and WHEREAS, scientific studies conclude that certain types of artificial lighting have a detrimental effect on nesting sea turtles and their hatchlings by inhibiting nesting and interfering with the natural lighting cues used by hatchlings to properly orient to the open waters of the Atlantic Ocean; and WHEREAS, it is the desire of the City Commission to regulate exterior and interior point sources of artificial lighting in a manner that minimizes disturbances and the disorientation of nesting sea turtles and their hatchlings; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Page 1 of7 Agenda Item 7A April 24, 2017 SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 5, which shall read as follows: "ARTICLE IV. -SEA TURTLE PROTECTION Section 5-34. -Purpose and intent. The purpose of this Article is to protect the threatened and endangered sea turtles that may nest along the beaches of Atlantic Beach, Florida, by safeguarding sea turtle hatchlings and nesting female sea turtles from artificial light. Section 5-35. -Definitions. For purposes of this Article, the following terms shall have the meanings as set forth within this section. (a) Artificial light or artificial lighting shall mean the light emanating from any human-made device. (b) Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (c) City shall mean the City of Atlantic Beach, a municipal corporation of the State of Florida. (d) Directly visible shall mean the line of sight visibility of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. (e) Dune shall mean a mound or ridge ofloose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism. (f) Ground-level barrier shall mean any vegetation, natural feature or artificial structure rising from the ground which 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 visible shall mean the line of sight visibility of reflected light as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. Page 2 of7 Agenda Item 7A April 24, 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. (j) 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 reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley) For purposes of this Article, marine turtle is synonymous with sea turtle. (1) Nest shall mean an area where marine turtle eggs have been naturally deposited or subsequently relocated. (m) Nesting season shall mean the period from May 1 through October 31 of each year. (n) Nighttime shall mean the locally effective time period between sunset and sunrise. ( o) Person shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (p) Point Source shall mean the bulb, lamp or glowing elements of a fixture from which light is emitted. (q) Sea Turtle Protection Area shall mean an area where land either (i) has frontage on Beach Avenue; (ii) is located within the Cloister condominium development; or (iii) is located eastward of Seminole Road from 20th Street northward to the City limits. (r) Shielded shall mean a light fixture which is constructed in a manner that the point source is not directly visible from the beach. (s) Tinted glass shall mean any glass treated to achieve an industry-approved, inside-to outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum ( 400 to 700 nanometers) and is measured as the percentage of light 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: Page 3 of7 Agenda Item 7A April 24, 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 , 2017), the following lighting standards shall be required for all construction activities occurring within the sea turtle protection area. (a) Exterior artificial light fixtures shall be designed and positioned so that the point source of light or any reflective surface from a light fixture is not directly or indirectly visible. (b) Exterior artificial light fixtures within line-of-sight of the beach shall be designed as follows: (1) Completely shielded downlight only fixtures or recessed fixtures having low wattage, long wavelength light sources with non-reflective interior surfaces. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with paragraph (a) above; and (2) All fixtures shall be mounted as low in elevation as possible through use of low- mounted wall fixtures, low bollards, and/or ground-level fixtures. (c) Floodlights, up-lights or spotlights designed for decorative and accent purposes that are directly or indirectly visible shall not be used. (d) Exterior artificial light fixtures used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. (e) Only long wavelength lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be: (1) Set on a base 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 designed and located to prevent vehicular headlights from being directly visible. Page 4 of7 Agenda Item 7A April 24, 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 barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-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 fixtures fitted with long wavelength light sources shall be required for parking areas, roadways and similar high-intensity lighting applications. (j) Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the requirements of this section. Section 5-38. -Standards for existing lighting. No later than May 1, 2020, all owners of property located within the sea turtle protection area shall determine if any existing artificial lighting on their property is directly or indirectly visible and take the following corrective actions to reduce or eliminate the negative effects of such artificial lighting: (a) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture is not directly or indirectly visible: (1) Reposition fixtures so that the point source of light or any reflective surface is no longer directly or indirectly visible; (2) Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (3) Replace traditional light bulbs with low wattage, long wavelength light sources; (4) Replace non-directional fixtures with directional fixtures that point down and away from the beach; (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; Page 5 of7 Agenda Item 7A April 24, 2017 (6) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; (7) Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; (8) Plant or improve vegetation buffers between the light source and the beach to screen artificial light; (9) Construct a ground-level barrier to shield light sources from the beach. Ground- level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-or long-term damage to the beach/dune system; (1 0) Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (b) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (1) Window tint or film shall be installed that meets the standards for tinted glass; (2) Rearrange lamps and other moveable fixtures away from windows; (3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; (4) Tum offunnecessary lights. (c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. Section 5-39.-Enforcement and penalties. (a) The City shall have the power to enforce the provisions of this Article by code enforcement proceedings as set out in 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. (b) 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 Article. Page 6 of7 Agenda Item 7A April 24, 2017 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. 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 lOth day of April, 2017. PASSED by the City Commission on second reading this 24th day of April, 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 7 of7 Agenda Item 7A April 24, 2017 ~ e>v't I . ~ . " 51'(1 .. , ~\; ~~ ~ .. S'o(\ . \''\' oRDINANCE 95-17-114 -1 !A'; ve \A~,(~ c t -1J~ AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, v 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 LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is a coastal city with approximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of Atlantic Beach's shoreline provides important nesting habitat for endangered and threatened sea turtles; and WHEREAS, the City of Atlantic Beach's shoreline is heavily developed with structures utilizing artificial lighting; and WHEREAS, scientific studies conclude that certain types of artificial lighting have a detrimental effect on nesting sea turtles and their hatchlings by inhibiting nesting and interfering with the natural lighting cues used by hatchlings to properly orient to the open waters of the Atlantic Ocean; and WHEREAS, it is the desire of the City Commission to regulate exterior and interior point sources of artificial lighting in a manner that minimizes disturbances and the disorientation of nesting sea turtles and their hatchlings; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Pagelof7 Agenda Item 7A April 24, 2017 SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 5, which shall read as follows: "ARTICLE IV. -SEA TURTLE PROTECTION Section 5-34. -Purpose and intent. The purpose of this Article is to protect the threatened and endangered sea turtles that may nest along the beaches of Atlantic Beach, Florida, by safeguarding sea turtle hatchlings and nesting female sea turtles from artificial light. Section 5-35. -Defmitions. For purposes of this Atiicle, the following terms shall have the meanings as set forth within this section. (a) Artificial light or artificial lighting shall mean the light emanating from any human-made device. (b) Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (c) City shall mean the City of Atlantic Beach, a municipal corporation of the State of Flmida. (d) Directly visible shall mean the line of sight visibility of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. (e) Dune shall mean a mound or ridge ofloose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism. (f) Ground-level barrier shall mean any vegetation, natural feature or artificial structure rising from the ground which 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) lful-irectly visible shall mean the line of sight visibility of reflected light as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. Page 2 of7 Agenda Item 7A April 24, 2017 f:BfJ!l.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. ffilll_L ong 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. t*jffiMarine turtle shall mean any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley) For purposes ofthis Article, marine turtle is synonymous with sea turtle. fljfkl_Nest shall mean an area where marine turtle eggs have been naturally deposited or subsequently relocated. tmt.l.!Cl.L) -~Nesting season shall mean the period from May 1 through October 31 of each year. WCm) Nighttime shall mean the locally effective time period between sunset and sunrise. fej(n) Person shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. WC o) Point Source shall mean the bulb, lamp or glowing elements of a fixture from which light is emitted. fEB(p) Sea Turtle Protection Area shall mean an area where land either (i) has frontage on Beach A venue; (ii) is located within the Cloister condominium development; or (iii) is located eastward of Seminole Road from 20th Street northward to the City limits. ffJ{sll Shielded shall mean a light fixture which is constructed in a manner that the point source is not directly visible from the beach. fsffjj_Tinted glass shall mean any glass treated to achieve an industry-approved, inside-to outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum (400 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: Page 3 of7 Agenda Item 7A April 24, 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 , 2017), the following lighting standards shall be required for all construction activities occurring within the sea turtle protection area. (a) Exterior artificial light fixtures shall be designed and positioned so that the point source oflight or any reflective surface from a light fixture is not directly or indirectly visible. (b) Exterior artificial light fixtures within line-of-sight of the beach shall be designed as follows: (1) Completely shielded downlight only fixtures or recessed fixtures having low wattage, long wavelength light sources with non-reflective interior surfaces. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with paragraph (a) above; and (2) All fixtures shall be mounted as low in elevation as possible through use of low- mounted wall fixtures, low bollards, and/or ground-level fixtures. (c) Floodlights, up-lights or spotlights designed for decorative and accent purposes that are directly or indirectly visible shall not be used. (d) Exterior artificial light fixtures used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. (e) Only long wavelength lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be: (1) Set on a base 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 designed and located to prevent vehicular headlights from being directly visible. Page 4 of7 Agenda Item 7A April 24, 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 barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-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 fixtures fitted with long wavelength light sources shall be required for parking areas, roadways and similar high-intensity lighting applications. (j) Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the requirements of this section. Section 5-38. -Standards for existing lighting. No later than May 1, 2020, all owners of property located within the sea turtle protection area shall determine if any existing artificial lighting on their property is directly or indirectly visible and take the following corrective actions to reduce or eliminate the negative effects of such artificial lighting: (a) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture is not directly or indirectly visible: (1) Reposition fixtures so that the point source of light or any reflective surface is no longer directly or indirectly visible; (2) Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (3) Replace traditional light bulbs with low wattage, long wavelength light sources; (4) Replace non-directional fixtures with directional fixtures that point down and away from the beach; (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; Page 5 of7 Agenda Item 7A April 24, 2017 (6) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; (7) Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; (8) Plant or improve vegetation buffers between the light source and the beach to screen artificial light; (9) Construct a ground-level barrier to shield light sources from the beach. Ground- level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-or long-te1m damage to the beach/dune system; (1 0) Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (b) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (1) Window tint or film shall be installed that meets the standards for tinted glass; (2) Rearrange lamps and other moveable fixtures away from windows; (3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; (4) Tum offunnecessary lights. (c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. Section 5-39.-Enforcement and penalties. (a) The City shall have the power to enforce the provisions of this Article by code enforcement proceedings as set out in 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. (b) 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 Article. Page 6 of7 Agenda Item 7A April 24, 2017 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. 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 lOth day of April, 2017. PASSED by the City Commission on second reading this 24th day of April, 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 7 of7 Agenda Item 7A April 24, 2017 379.2431 Marine animals; regulation.- (1) PROTECTION OF MARINE TURTLES.- (a) This subsection may be cited as the "Marine Turtle Protection Act." (b) The Legislature intends, pursuant to the p r ovisions of this subsection, to ensure that the Fish and Wildlife Conservation Commission has the appropriate authority and resources to implement its responsibilities under the recovery plans of the United States Fi sh and Wildlife Service for the following species of marine turtle: 1. Atlantic loggerhead turtle (Caretta caretta). 2. Atlantic green turtle (Chelonia mydas). 3. Leatherback turtle ( Dermochelys coriacea). 4. Atlantic hawksbill turtle (Eretmochelys imbricata). 5. Atlantic ridley turtle (Lepidochelys kempi). (c) As used in this subsection, the following phrases have the following meanings: 1. A "properly accredited person" is: a. Students of colleges or universities w h ose studies with saltwater animals are under the direction of their teacher or professor; or b. Scientific or technical faculty of public or private colleges or universities; or c. Scientific or technical employees of private research institutions and consulting firms; or d. Scientific or technical employees of city, county, sta t e, or federal research or regulatory agencies; or e. Members in good standing or recognized and properly chartered conservation organizations, the Audubon Society, or the Sierra Cl ub; or f. Persons affiliated with aquarium facilities or museums, or contracted as an agent therefor, which are open to the pub l ic with or without an admission fee; or g. Persons without specific affiliations l isted above, but who are recognized by the commission for their contributions to marine conservation such as scientific or technical publications, or through a history of cooperation with the commission in conservation programs such as turtle nesting surveys, or through advanced educational programs such as high school marine science centers. 2. "Take" means an act that actually kills or injures marine turtles, and includes significant habitat modification or degradation that kills or injures marine turtles by significantly impairing essential behavioral patterns, such as breeding, feed i ng, or sheltering. (d) Except as authorized in this paragraph, or unless otherwise provided by the Federal Endangered Species Act or its implementi ng regu l ations, a person, firm, or corporation may not knowingly possess, take, disturb, mutilate, destroy, cause to be destroyed, transfer, sell, offer to sell, molest, or harass any marine turtle species or hatchling, or parts thereof, or the eggs or nest of any marine turtle species described in this subsection. The commission may: 1. Issue a special permit or loan agreement to a person, firm, or corporation to possess a marine turtle species or hatchling, or parts t h ereof, i ncluding nests or eggs, for scientific, education, or exhibition purposes, or for conservati on activities such as the relocation of nests, eggs, or marine turtles or hatchlings away from construction sites. Notwithstanding other provisions of law, the commission may issue such special permit or loan agreement to a properly accredited person as defined in paragraph (c) for the purposes of marine turtle conservation. 2. Adopt rules pursuant to chapter 120 to prescribe terms, conditions, and restrictions for marine turtle conservation , and to permit the possession of marine turtle species or hatchlings, or parts thereof, including nests or eggs. (e)l. A person, firm, or corporation that commits any act prohibited in paragraph (d) involving any egg of any marine turtl e species described in this subsection shall pay a penalty of $100 per egg in addition to other penalties provided in this paragraph. Agenda Item 7A April 24, 2017 2. A person, firm, or corporation that illegally possesses 11 or fewer eggs of any marine turtle species described in this subsection commits a first degree misdemeanor, punishable as provided in ss. 775.082 and 775.083 . 3. For a second or subsequent violation of subparagraph 2 ., a person, firm, or corporation that illegally possesses 11 or fewer eggs of any ma r ine turtle species described in th i s subsection commits a third degree felony, punishable as provided in s . 7 7 5.0 82, s . 7 75.083 , or s. 775.084. 4. A person, firm, or corporation that illegally possesses more than 11 eggs of any marine turtle species described in this subsection commits a third degree felony, punishable as provided in s. 775.082, s. 775 .083, or s. 775 .084 . 5. A person, firm, or corporation that illegally takes, disturbs, mutilates, destroys, causes to be destroyed, transfers, sells, offers to se l l, molests, or harasses any marine turtle species or hatchling, or parts thereof, or the eggs or nest of any marine turtle species described in this subsection, commits a third degree felony, punishable as provided ins. 775.082, s. 775.083, or s. 775 .08 4 . 6. A person, firm, or corporation that illegally possesses any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in this subsection, commits a felony of the third degree, punishable as provided in s. 775.08 2, s. 775.083, or s . 775.084. 7. Notwithstanding s. 777.0 4 , a person, firm, or corporation that solicits or conspires w ith another person, firm, or corporation, to commit an act prohibited by this subsection commits a felony of the third degree, punishable as provided in s . 77 5 .082, s. 77 5 .08 3, or s. 775 .084. 8. The proceeds from the penalties assessed pursuant to this paragraph sha l l be deposited into the Marine Resources Conservation Trust Fund. (f) Any application for a Department of Environmental Protection permit or other type of approval for an activity that affects marine turtles or the i r nests or habitat shall be subject to conditions and requirements for marine turtle protection as part of the permitting or approval process . (g) The Department of Environmental Protection may conditi on the nature, t i ming , and sequence of construction of permitted activities to provide protection to nesting marine turtles and hatchlings and their habitat pursuant to s. 16 1.053{4). If the department is considering a permit for a beach restoration, beach renourishment, or in l et sand transfer project and the applicant has had an active marine turtle nest relocation program or the applicant has agreed to and has the ability to administer a p r ogram, the department may not restrict the timing of the project. If appropriate, the department, in accordance with the applicable rules of the Fish and Wildlife Conservation Commission, shall require as a condition of the permit that the applicant re locate and monitor all turtle nests that would be affected by the beach restoration, beach renourishment, or sand transfer activiti es. Such relocation and monitoring activities sha l l be conducted in a manner that ensures successful hatching. This limitation on the department's authority applies only on the Atlantic coast of Florida. {h) The department shall recommend denia l of a permit application if the activity would result in a "take" as defined in this subsection, unless, as provided for in the federal Endangered Species Act and its implementing regulations, such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. (i) The department shall give special consideration to beach preservation and beach nourishment projects that restore habitat of endangered marine turtle species. Nest relocation shall be considered for all such projects in urbanized areas. When an applicant for a beach restoration, beach renourishment, or in l et sand transfer project has had an active marine turtle nest relocation program or the app l icant has agreed to have and has the ability to administer a program, the department in issuing a permit for a project must not Agenda Item 7A April 24, 2017 restrict the timing of the project. Wh ere app r opriate, the department, in accordance with the applicable rules of the Fish and Wildlife Conservation Commission , shall require as a condition of the permit that the applicant re l ocate and monitor all turtle nests that would be affected by the beach restoration, beach reno urishment, or sand transfer activities. Such relocation and monitoring activities shal l be conducted in a manner that ensures successful hatching. This limitation on the department's a u thority applies only on the Atlantic coast of Florida. Agenda Item 7B April 24, 2017 ORDINANCE NO. 58-17-40 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, 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 ATLANTIC 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 Male Generational Unisex Mortality Table projected by Seale AA, and an interest rate of eight (8%) per annum equal to the investment return assumption set fmth 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 fractional parts of years of service as a Police Officer 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 department pending the possibility of being 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 department, 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 accumulated contributions, if one-thousand dollars ($1,000.00) or less shall be returned. If a Member who is 1 Agenda Item 7B April 24, 2017 lump sum or to rollover the lump sum ammmt on forms designated by the Board. Upon return of a member's accumulated contnbutions, 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 accumulated contnbutions from the :fimd, unless the Police Officer repays into the :fimd the contnbutions 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 performs "Qualified Military Service" consisting of voluntary or involuntary "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 retmns 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, tmless 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 from time to time, the minimum standards shall apply. fu 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 military service) as if the member had resumed employment and then died while employed. Beginning Janumy 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 applying the limits on annual additions under section 415( c) of the code. 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 permitted 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 ~hieh tim otdimmee becomes dfuetive June 10, 2013. * * * * * Spouse means the Ja~ful: ~:ifC 01 hm;band of a membet ot tetitee member's or retiree's spouse under applicable law at the tin1e benefits become payable. * * * * * 2 Agenda Item 7B April 24, 2017 SECTION 2: 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 2-301, 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, with1t1 sixty (60) days of appointment as Police Chief upon employment as Police Chie£ notify the board and the City, in writing, of his election to not be a member of the system Current employees of the City who are selected to become Police Chief are not eligtble for the opt-out provided for herein. ill the event of any such election, he shall be baned from future membership in the system and any vested aeer ued benefit shall be retained and paid when other wise payable herein; or contributions rmde after employment and prior to opting out shall 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. ill 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 81-100 .. 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 lUlder 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 401(a)(24) ofthe code. For this purpose, a oust includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a trust lUlder 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 group trust, such group oust is itself adopted as a part of the system or plan. 1. Any collective or common gt·oup 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 agt·eements, and/or trust agreements with the w·oup trust's trustee. 2. The separate account maintained by the gt·oup trust for the plan pursuant to subsection c. shall not be used for, or diverted to, any purpose other than fur the exclusive benefit of the members and beneficiaries of the plan. 3 Agenda Item 7B April 24, 2017 3. For purposes of valuation, the value of the separate accolll1t 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 recognjzed valuation procedures. * * * * * SECTION 4: 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 2-305, Benefit Amolll1ts and Eligibility, subsection (a), Normal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. For members hired befOre January 1, 2013, a member's nornml retirement date shall be the first dcry of the month coincident with; or next fOllowing the earlier ofthe attaitm1Cnt of age fifey (50) and the completion of twer1ey (20) years of credited service, the attaitmrent ofage fifey-five (55) and the completion often (10) years oferedited set vice, the completion of twenty-five (25) yems of credited set vice regardless of age, or the attainrnent of age sixey (60) and the completion of five (5) years of credited service. For n1embers hired on or after Jantlary 1, 20 13, a member's normalretiten1errt date shall be the first dcry of tl1e morrth coincident with; or next following the earlier of the attainn1Cnt of age fifty-five (55) and tl1C eornpletion of ten (10) years of credited service, or the attainm::nt of age filly-two (52) and the completion of twenty-f.tve (25) years of credited service. A n1Cmber may retire on his nornml retirement date or on the fnst day of any month thereafter, and each member shall become one hundred (100) percent vested in his aeemed benefit ort the member's normal retirement date. Normal retirement onder the system is retitemerrt fiom employment with the city on or after the normal tetitement 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 Januaty 1, 2013, a member's nonnal retirement age is the earlier ofthe 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 of twenty-five (25) years of credited service. Each member shall become one hlll1dred percent (100%) vested in his accrued benefit at normal retirement age. A member's normal 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 nonnal retirement age. * * * * * SECTION 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 4, Police Officers' Retirement Plan, ofthe Code of Ordinances ofthe City of Atlantic Beach, is hereby amended by amending Section 2-310.4, MaxiniDm Pension, subsections (h) and (1)(2), and by adding subsection (m), to read as follows: 4 Agenda Item 7B April 24, 2017 * * * * * (h) Ten thousand dollar ($10,000) limit; less than tenyearsofservice. 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 contribution plan in which the member participated; provided, however, that ifthe 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). * * * * * (1)(2) No member of the system shall be allowed to receive a retirement benefit or pension which is in patt 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. (m) Effect of Direct Rollover on 415 (b) Limit. If the 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, Atticle 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 ifthe 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 distributions are required to be gin to the surviving spouse under subsection (b )(2)a. If ammity payments itTevocably commence to the member before the member's requit·ed begitming date (or to the member's surviving spouse before the date distnbutions are required to begin to the surviving spouse under subsection (b )(2)a.) the date distributions are considered to begit1 is the date distributions actually commence. * * * * * 5 Agenda Item 7B April 24, 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~ .Q.lill. * * * * * SECTION 8: That Chapter 2, Administration, Alticle 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) (b) (1) (2) (3) (4) Definitions. As used in this Section2-310.18, 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 eamings 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. Participation. Eligibility to Participate. In lieu of terminating his employment as a police officer, any member who is eligtble for nonnal 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 patticipate 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 of the 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 begimring at the time his election to patticipate in the DROP first becomes effective. Al1 election to patticipate in the DROP shall constitute an in·evocable 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 pmticipation in the DROP shall cease at the earlier of 6 Agenda Item 7B April 24, 2017 1. the end of his pennissible period of participation in the DROP as determined under subsection (b)(3); or 2. termination ofhis employment as a police officer. b. Upon the member's tennination of participation in the DROP, pursuant to subsection a.1. above, all amounts provided for in subsection ( c )(2), including monthly benefits and investment earnings and losses, shall cease to be transferred from 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 terminates employment as a police officer. c. A member who terminates his participation in the DROP under this 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 his accrued benefit under the system shall be detem1ined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salmy for the pmposes of calculating his average final compensation shall include an amount equal to any lump swn payments which would have been paid to the member and included as salary as defined herein, had the member retired tmder nonnal retirement and not elected DROP participation 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 contnbute to the system nor shall he be eligible 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 fi·om 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 hin1 from the system until he terminates his employment as a police officer. Unless otherwise specified in the systetn, amounts transferred fi·om 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 Accom1t shall consist of amounts transfened to the DROP under subsection (c)(2), and earnings or losses on those amounts. 7 Agenda Item 7B April 24, 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 lUlder the system had he terminated his employment as a police officer and elected to receive monthly benefit payments therern1der 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 Accorn1t under this subsection ( c )(2) shall be debited or credited after each fiscal yeat qtJartcJ: with earnings, to be credited or debited to the member's DROP accolUlt, 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 AccolUlt shall be credited or debited at a rate equal to the net investment return realized by the system for that quarter. ''Net investment return'' for the purpose of this paragraph is the total return of the assets in which the Member's DROP AccolUlt is invested by the board net of brokerage commissions, transaction costs and management fees. For pmposes of calculating earnings on a member's DROP accolUlt 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. TI1e investment consultant shall also report the net investment retrnn 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 accolUlt value for distribution to the member upon termination of participation in the DROP shall be the value of the accorn1t at the end of the quarter in1111ediately preceding termination of participation plus any monthly periodic additions made to the DROP accolUlt subsequent to the end of the previous quarter and prior to distnbution. If a Member fuils to te1minate employment after participating in the DROP for the pemlissible period of DROP participation, then beginning with the member's first month of employment following the last month of the pemlissible period of DROP participation, the member's DROP AccolUlt will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP accolUlt. All such non-transferred amolUlts shall be forfeited and continue to be forfeited while the member is employed by the Police Department, and no cost-ofliving adjustments shall be applied to the member's credit drning such period of continued employment. A member employed by the Police Department after the pe1missible period of DROP participation will still not be eligible 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 7B April 24, 2017 (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 tennination 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 otherwise, distnbution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set fmth in subsection (d)(6). Elections under 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 fmm as his beneficiary may select. If no beneficiary designation is made, the DROP Account shall be distnbuted to the member's estate. (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distnbution of a member's DROP Account shall be made as soon as administratively practicable following the member's tennination of employment. Distnbution of the amount in a member's DROP account will not be made unless the member completes a wlitten request for distribution and a written election, on fonns 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 Beneficimy 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 light 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 conform 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 distnbutee may elect to have any portion of an eligtble rollover distribution paid in a direct rollover as otherwise 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 of the board may apJ?oint from their number such subcommittees with such powers as they shall detenmne; rna y adopt such administrative procedures and regulations as they deem desirable for the conduct of their 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 counseL employ agents and provide for such clericaL accmmting, actuarial and consulting services as they may require in carrying 9 Agenda Item 7B April 24, 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 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 ofthe DROP, the board :li"om time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individuafs eligtbility 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 detem1ination 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 fi.mds ofthe DROP. b. Neither the board nor any trustee of the board shall be responsible for any repmts 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 expe1t, accountant, actuaty 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 accrue fhture retirement benefits in the manner provided in this section 2-310.18 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 lun1p sum distribution ofhis or her DROP account balance or may elect a rollover. The DROP account disu·ibution 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 systems assets, and there is no distribution available to the member until the member's tennination 1 0 Agenda Item 7B April 24, 2017 (t 2) (z §) (4 ID from the DROP. The member has no control over the investment of the DROP account. No emvlover discretion. The DROP benefit is determined pursuant to a specific fonnula 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 fium 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 :fimds 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 of illness or accident or is a minor, the board shall direct that any benefit due hin1 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. If the 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 fi·om counsel to the system, direct that such payment and all remaining payments othe1wise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no finther 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 time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from tin1e to tin1e 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 in1proves 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 1 1 Agenda Item 7B April 24, 2017 b. Each member or retiree who has a DROP Accollllt shall be responsible for fillTrishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree herellllder 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, mailing of checks will be suspended lllltil such time as the member or retiree notifies the board ofhis address. (6-lQ) Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the member's DROP Accollllt and neither the City nor the board shall have any duty or liability to fillTrish the DROP with any funds, secmities or other assets except to the extent required by any applicable law. (7 ill Construction. a. The DROP shall be construed, regulated and administered lUlder the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in 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) Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system DROP participants shall be subject to forfeitm'e 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: 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 adding Section 2-310.19, Supplemental Benefit Component for Special Benefits; Chapter 185 Share AccolUlts; 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 tl1e benefits provided for in the previous Sections of tl1is Plan, such benefit to be funded solely and entirely by F.S. Chapter 185, premimn tax monies for each plan year which are allocated to tllis supplemental component as provided for in F.S. §185.35. Amollllts allocated to tills supplemental component ("Share Plan''), if any, shall be fiuther 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 pmticipants and maintain appropriate books and records showing the respective interest of each member or DROP pmticipant herellllder. Each member or DROP pmticipant shall have a member share accom1t for his share of the F.S. Chapter 185 tax revenues descnbed above, forfeitm'es and income and expense adjustments relating 1 2 Agenda Item 7B April 24, 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 :fimd to each account shall not be required or permitted. ili} 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 forfeitures as provided in subsection (d), shall be used as part of future allocations to the individual member share accounts in accordance with the formula set forth in subsection ( c )(1 ). {£} Allocation o[Monies to Share Accounts. ill Allocation of Chapter 185 Contributions. a. 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 fur 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''). b. On each valuation date, each current actively employed member of the plan not participating 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 temrinated vested persons) who is othetwise elig~ble for an allocation as of the valuation date shall receive a share allocation as follows: c. The total :fimds 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 fi·action of the total amount, the numerator of which shall be the individual's total years and fractional parts 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. d. 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 o[Investment Gains and Losses. On each valuation date, each individual member share account shall be adjusted to reflect the net eamings or losses resulting fi·om investments during the year. The net eamings or losses allocated to the 1 3 Agenda Item 7B April 24, 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 connnissions, 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 connnissions, 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 fund managers as reported in the custodial statement. The investment consultant shall report these annual contractual fees to the board. The investment consultant shall also report the net investn];)nt return for each manager and the net investment return for the total plan assets. ill Allocation o( Costs, Fees and Expenses. On each valuation date, each individual member share account shall be adjusted to allocate it1£ro rata share ofthe costs, fees and expenses of administration of the share plan. ese 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 fund as a whole as of the same date. ill 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 ofthe 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 account balance as of the end of 1:he plan year. @ Forfeitures. Any member who was hired before January 1, 2013 and has less than five (5) years of service credit, or any ll];)mber who was hired on or after January 1, 2013 and has ten (1 0) years of service credit and who is not othe1wise 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 pmt ofthe Chapter 185 tax revenues for future allocations to individual member share accounts on each valuation date in accordance with the fmmula set forth in subsection (c)(l). {§} Eligibilitv For Benefits. Any ll];)mber (or his bene:ficiary)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 ofhis 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 retirell];)nt pursuant to Section 2-305, or ifthe ll];)mber enters the DROP, upon terminationofemployment. b. Such payment shall be made as provided in subsection (f). 1 4 Agenda Item 7B April 24, 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 if he 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 eligtble 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 Beneficiary as provided in 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 othetwise entitled to receive the balance in the member's share accouut, the member's share accouut 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 htmdred fifty (150) days following the valuation date and shall be paid in one lunm sum payment. No optional fonns of payments shall be permitted. (g). Benefits Not Guaranteed. All benefits payable uuder this Section 2-310.19 shall be paid only from the assets accouuted for in individual member share accouuts. Neither the City nor the board shall have any duty or liability to finnish any additional fin1ds, securities or otl1er assets to fin1d share accouut 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 accouut 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 othetwise applicable to fin1d investments. ill Notional account. The member share account is a notional accouut, used only for the purpose of calculation of the share distribution amouut. It is not a separate accouut in the system There is no change in the system's assets, and there is no distnbution available to the member or DROP participant uutil the member's or DROP participant's termination fi:om employment. TI1e member or DROP participant has no control over the investment of the share accouut. ill No employer discretion. The share account benefit is determined pursuant to a specific fonnula which does not involve employer discretion. 1 5 Agenda Item 7B April 24, 2017 ill Maximum Additions. Notwithstanding any other provision of tills Section, annual additions under tills Section shall not exceed the limitations of Section 415(c) ofthe code pursuant to the provisions of Section 2-310.4, subsection (k). 00 IRC limit. The share account distribution, 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 codny and incorporate tills Ordinance in the existing Code of Ordinances ofthe 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: That this Ordinance shall become effective upon its adoption PASSED ON FIRST READING, tills ___ day of _____ , 2017. PASSED AND ADOPTED ON SECOND READING, this ------' 2017. MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY dm/ab/pol/01 12 17.ord 1 6 day of Agenda Item 7B April 24, 2017 GRS February 6, 2017 Gabricl Roeder Smi t h & Company Consu lta nt s & Ac tuaries Mr. Russell Caffey Plan Administrator One East Brow:1 rd 131vd . Suite .505 Ft. L1 udc rda lc, FL 3 3301-1804 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 .16 16 phone 954.525 .0083 fax www.g abriclrocdcr.com 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 req uested 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 mortality 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, Membetship, 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 further 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 2-31 0.5, 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 7B April 24, 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 7C April 24, 2017 ORDINANCE NO. 58-17-41 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 DISTRIBUTION OF BENEFITS; AMENDING SECTION 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 CONFLICT HEREWITH AND 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"Credited Service", "Effective Date", and "Spouse", to read as follows: * * * * * Credited Service means the total number of years and fractional pmts of years of service as a general employee with member contributions, 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 returned 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) yem·s, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one-thousand dollm·s ($1,000.00), will be returned only upon the w1itten request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump 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 fmieited and terminated. The years or pmts of a year that a member pelimms "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.l03-353), after separation from employment as a general employee to pe1iorm 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 of USERRA. (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 from service, unless otherwise required by USERRA. Agenda Item 7C April 24, 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 from service, unless otherwise required by USERRA. (3) The member deposits into the :fund the same sum that the member would have contributed, if any, if he had remained a general employee during his absence. The maximrnn credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contributions within a period equal to three tin1es 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 satiszy the rninin1urn requirements ofUSERRA. To the extent that this paragraph does not meet the minimum standards ofUSERRA, as it may be amended from tin1e to time, the rninin1um 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 accmals relating to the period of qualified military service) as if the member had resumed employment and then died while empbyed. Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual receiving diffurential 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 purposes 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 tin1e off shall not be permitted 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 which this otdinanee becomes effuctivc June 10, 2013. * * * * * Spouse means the lawful wifC 01 htJsband of a membct ot tctiree member's or retiree's spouse under applicable law at the tin1e benefits become payable. * * * * * SECTION 2: 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 2-264, Finances and Fund Management, subsection (:1)(2)c., to read as follows: (:1)(2) c. * * * * * In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Intemal Revenue Service Revenue Ruling 81-100,_ and Revenue Ruling 2011- -2- Agenda Item 7C April 24, 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 connningling and collective investment of monies, provided that the funds in the group ttust consist exclusively of ttust assets held under plans qualified under IRC section 401(a), individual retirement accounts that are exempt under IRC section 408(e), eligible governmental plans that meet the requirements of IRC section 457(b), and governmental plans under IRC section 401(a)(24). For this purpose, a ttust includes a custodial account or a separate tax fuvored account maintained by an insurance company that is treated as a ttust under IRC section 401(±) or under IRC section 457(g)(3). While any portion of the assets of the fund are invested in such a group ttust, such group ttust is itself adopted as a part of the system or plan . .L Any collective or common group ttust to which assets of the fund are tt·ansfetred pursuant to subsection c. shall be adopted by the board as pmt of the plan by executing appropriate participation, adoption agreements, and/or ttust agreements with the group ttust's trustee. 2. The separate account maintained by the group ttust 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 ttust 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 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 Anxmnts and Eligtbility, subsection (a), N omJal Retirement Date, to read as follows: * * * * * (a) Normal retirement age and date. A rnembe:t's nommlret:itement date shall be the first day of the month coincident with; or next rollo~Ving the atta:itmJent of age sixty (60) and the eon1plerion of :five (5) years of credited set vice. A rocmber l'l:'la)' retire on his normal retirement date or on the first day of any month the:teafte:t, and each member shall become one ht:mdred percent (1 00%) vested in his aecwed benefit on the member's n01nnl retirement date. Normal retirement tmdcr the system is 1etitement :fiom employment ~Vith the City on or after the normal retirement 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 accmed benefit at normal retirement age. A member's nonnal retirement date shall be the first day of the month coi1cident with or next follown1g the date the member retires from the City after attaining normal retirement age. * * * * * SECTION 4: Timt ClJapter 2, Administration, A1ticle 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, Maxin1um Pension, subsections (h), (1)(2), and by adding subsection (m), to read as follows: -3- Agenda Item 7C April 24, 2017 * * * * * (h) Ten Thousand Dollar ($1 0, 000) Lim it; Less Than Ten Years of Service. Notwithstanding anything in this section 2-274, 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 2-274 if the benefits payable, with respect to such member under this system and under all other qualified defined 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 year, and the City has not at any time maintained a qualified defined contribution plan in which the member participated; provided, however, that ifthe member has completed less than ten (10) years of credited service with the City, the limit under tllis subsection (h) of section 2-274 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fi·action, the numerator ofwhich 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 akeady 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 fff 1223, Title 10, U.S. Code. !!!!) Effect o(Direct Rollover on 415(b) Limit. If the 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 5: That Chapter 2, Administration, Article VI, Employee Benefits, Division 3, General Employees' Retirement Plan, of the Code of Ordinances of the C1ty of Atlantic Beach, is hereby amended by amending Section 2-27 5, Minimum Distribution of Benefits, subsection (b )(2)d., to read as follows: * * * * * d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse d1es after the member but before distnbutions 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 subsection (c), distributions are considered to begin on the member's required beginning date or, if subsection (b )(2)d. applies, the date of distributions 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 commence. * * * * * -4- Agenda Item 7C April 24, 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 2-27 4, subsection Wtz7 .Qlill. * * * * * SECTION 7: 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 2-285, 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 fi:om that employment without limiting or restricting in any way the retirement benefits payable under this system Reempbyment by the city shall be subject to the limitations set forth in this section. (b) After nonnal 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 sixty-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 from the system Pension benefit payments shall be suspended for the petiod of any such reemployment, but shall be restored upon the earlier of termination of employment or such time as the reempbyed retiree reaches the date that he would have been eligible fur nouml retitenxnt tmdet trns system had he continued employment and not elected eady tetnement 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 customary retirement date provided for in the system at the time of retirement. (d) Reemployment of terminated vested persons. Reemployed tem1inated 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, terminated 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 deferred retirement option plan shall, following termination of employment after DROP participation shall be subject to the above restrictions. -5- Agenda Item 7C April 24, 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, Defe1red Retirement Option Plan, to read as follows: Sec. 2-286. Deferred retirement option plan. (a) (1) (2) (b) (1) (2) (3) (4) Definitions. As used ill this Section 2-286, the followillg definitions apply: 'DROP" --The City of Atlantic Beach General Employees' Retirement System Deferred Retirement Option Plan 'DROP Account" --The account established for each DROP participant under subsection (c). "Total retum 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 Cor decrease) in the interest and dividends earned on investments, illcluding realized and unrealized gains (or losses), of the total Plan assets. Participation. Eligibility to Participate. fu 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 ill the DROP. Election to Participate. A member's election to participate ill the DROP must be made ill writing ill a time and manner detennined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) busilless days after it is received by the board. Period of Participation. A member who elects to participate ill 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 irrevocable election to resigt1 from 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 ill the DROP shall cease at the earlier of 1. the end of his permissible period of pmticipation in the DROP as determined under subsection (b )(3); or 2. termination ofhis employment as a general employee. b. Upon the member's temlination of participation in the DROP, pursuant to subsection a.l. above, all amounts provided for in subsection (c)(2), includillg monthly benefits and investment earnings and losses, shall cease to be transferred :fi·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 terminates employment as a general employee. -6- Agenda Item 7C April 24, 2017 c. A member who terminates his part1c1pation in the DROP lll1der this 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 his accmed benefit lU1der the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accmed benefit, the member's salary for the purposes of calculating his average final compensation shall include an amolll1t 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 lll1der normal or early retirement and not elected DROP participation. Member contnbutions 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 Accolll1t. The member shall not accme any additional credited service or any additional benefits under the system (except for any additional benefits provided lll1der 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 conh1bute to the system nor shall he be eligible for disability or pre-retirement death benefits, except as provided for in Section 2-285, Reemployment After Retirement. b. No amolll1ts shall be paid to a member :from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employment as a general employee, no amolll1ts shall be paid to him from the system lll1til he terminates his employment as a general employee. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP Accolll1t shall be paid directly to the member only on the termination ofhis employment as a general employee. (c) Funding. (1) Establishment of DROP Account. A DROP Account shall be established for each member participating in the DROP. A member's DROP Accolll1t shall consist of amolll1ts transferred to the DROP lll1der subsection (c )(2), and earnings or losses on those amolll1ts. (2) Transfers From Retirement System. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received lll1der the system had he terminated his employment as a general employee and elected to receive monthly benefit payments therelll1der shall be transfened to his DROP Accolll1t, except as othe1wise 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 general employee. b. Except as othe1wise provided in subsection (b)( 4)b., a n-:tember's DROP Accolll1t tmder this subsection (c)(2) shall be debited or credited after each -fueal year qmrter with eamings, to be credited or debited to the member's -7- Agenda Item 7C April 24, 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 fullows: The average daily balance in a member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the system fur that quarter. "Net investment return" for the purpose 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 putposes of calculating earning? 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 quarter 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 return 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 earnings 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 termination of participation in the DROP shall be the value of the account at the end of the quarter innnediately preceding termination of participation plns any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a Member fuils 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-transfuned amounts shall be fmfeited and continue to be forfeited while the member is employed by the City. A member employed by the City after the pennissible period of DROP participation will still not be eligible for pre-retirement death and disability benefits, and will not accrue additional Credited Service except as provided for in Section Z=-Z-86 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 te1mination 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 prior 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 lump SU111, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall dete1mine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP Account shall be paid to his beneficimy in such optional fmm as his beneficiary may select. If no beneficiary desig11ation is made, the DROP Account shall be distnbuted to the member's estate. -8- Agenda Item 7C April 24, 2017 (3) Date of Payment of Distribution. Except as otherwise provided in this subsection (d), distnbution of a member's DROP Account shall be made as soon as administratively practicable following the member's termination of employment. Distnbution of the amount in a member's DROP account will not be made unless the member completes a written request for distnbution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sumamotmt. (4) Proof of Death and Right of Beneficimy 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 distnbutions from the DROP shall conform to the ''Minimum Distnbution Of Benefits" provisions as provided for herein. (6) Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after Janumy 1, 2002. Notwithstanding any provision of the DROP to the contraty, a distnbutee may elect to have any portion of an eligtble rollover distnbution paid in a direct rollover as otherwise 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 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 instrun-:tent 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 canying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such pmtion oftheir 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 distnbute to members participating in the DROP and other individuals or :file with the appropriate governmental agencies, as the case may be, all necessary descriptions, repmis, 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 tin1e to tin-:te shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to detennination of an individuars eligtbility 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 pmiicipant in the DROP). The -9- Agenda Item 7C April 24, 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 incm 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 ofthe DROP. b. Neither the board nor any trustee ofthe 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 counse~ 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 elimble for nmmal retirement under the system may elect to accrue futme retirement benefits in the manner provided in this Section 2-286 for the remainder of his employment, rather than in the nomml manner provided under the plan. Upon termination of employment, a member is entitled to a lump sum distribution 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 from the DROP. The member has no control over the investment of the DROP aCCOllllt. ill No employer discretion. The DROP benefit is determined pmsuant to a specific fommla which does not involve employer discretion. ill IRC limit. The DROP account distribution, along with other benefits payable from the system, is subject to limitation m1der Internal 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 from time to time, and retroactively if deemed necessmy or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as othetwise provided by law, no amendment shall make it possible for any part 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 AccolUlt of any member. (Z. §.) Facility of Payment. If a member or other person entitled to a benefit lmder the DROP is m1able 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 disclmrge of the liabilities of the DROP for that benefit. -10- Agenda Item 7C April 24, 2017 (3-1) Infonnation. 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. If the 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 fi-om counsel to the system, direct that such payment and all remaining payments othetwise due such person be canceled on the records ofthe system Upon such cancellation, the system shall have no finther 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. (5-2) Written Elections, Notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly 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 determines 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 :furnishing 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 cettified United States mail. If any check mailed by registered or cettified United States mail to such address is returned, 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 fi·om 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-.li) Construction. a. TI1e DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. 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 control (8-12) F01feiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants :fi:om the application of any forfeiture provisions -11- Agenda Item 7C April 24, 2017 applicable to the system DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9]]) 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 ofthis 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 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 dm'ab/gen/01-12-17.ord -12- day of Agenda Item 7C April 24, 2017 GRS February 6, 2017 Gabriel Roeder mith & Co mp any Co nsult anr s & Ac tu aric . Mr. Russell Caffey Plan Administrator One Ea. t Broward Blvd . Suite 505 Ft. La ud erd ale, FL 3330 1-1804 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 7.1616 phon e 954.525 .0083 fax www.ga bricl rocdr 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 mmiality 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 Court 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 , D eferred Retirement Option Plan , in accordance with recent di rection 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 7C April 24, 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 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 ofRetirement 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 8A April 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Fleet Landing PUD Modification (PUD Ordinance No. 90-17-227) Steven Lindorff, FAICP, Consultant to the Community ~ Development Depmtment / " April12, 2017 STRATEGIC PLAN LINK: None BACKGROUND: The City has received an application (17-REZN-389) from the Naval Continuing Care Retirement Foundation, Inc. requesting approval to rezone 2.4 acres ofland from Conservation (CON) to Planned Unit Development (PUD) and add it to the previously approved Fleet Landing Planned Unit Development (PUD Ordinance No. 90-88-13 5, as previously amended by PUD Ordinance No. 90-90-152 and PUD Ordinance No. 90-13-218). Most of the 2-4-acre parcel is proposed to remain an undeveloped conservation area and the remainder will be developed with an access driveway and sidewalk, expansion of a storm water pond, sanitary sewer lift station, and a nature trail; all in conjunction with constmction of a new independent living complex on adjacent prope1ty located in the City of Jacksonville. The applicant is also requesting approval to install a temporary constmction staging facility on the subject propetty. Fleet Landing is a full service continuing care facility providing a variety of independent living residential housing, assisted living care, memory care and skilled nursing care. The facility opened in 1990, and has been owned and operated by the Naval Continuing Care Retirement Foundation Inc. since that time. The facility 's land use designation is Residential Medium Density (RM) and is zoned Planned Unit Development. The overall ±73-acre site is approved for 324 residential units and 88 beds, with a density of 4.37 units per acre . The facility's current as-built condition includes 320 residential units and 88 beds ; leaving an approved unit/bed surplus of 4 residential units . The applicant wishes to expand its campus to address the community 's needs for additional senior housing and healthcare beds. The Naval Continuing Care Retirement Foundation Inc . has acquired additional prope1ties that are mostly located within the City of Jacksonville, but also include a small 2.4-acre parcel within the City of Atlantic Beach. To develop these properties and have a well-functioning community master plan, the applicant requests to modify PUD Ordinance No . 90-88-135, as amended by PUD Ordinances No. 90-90-152 and No. 90-13-218, to add the Subject Property and modify its zoning from Conservation (CON) to Planned Unit Development (PUD) commensurate with the overall Fleet Landing master plan and land use. On March 21 ,2017, the Community Development Board met, held a public hearing, and voted to recommend approval of the application. The recommendation including the addition of several special conditions, which are listed below and enumerated in Section 3 of the draft ordinance. Agenda Item 8A April 24, 2017 Recommended Special Conditions: • Development within the Subject Propetty shall be similar to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within this Written Description. • No development of any kind shall occur within the ±1.47-acre Conservation Area. • Permitted uses on the pmtion of the Subject Property west of the Conservation area are limited to the following items as shown on the PUD Modification Site Plan: o Expansion of an existing adjacent storm water retention pond; o A two-lane internal access roadway, including a 5 to 8-foot wide sidewalk, as approved by the Fire Marshal; o A sanitary sewer lift station; o An elevated nature trail not to exceed a width of 10 feet; o A conservation area; and o A temporary construction staging area is permitted but shall be removed and the area reasonably restored within 90 days of receipt of a certificate of occupancy for the Independent Living facility. • In addition to the Chapter 24 Land Development Regulations, development of the Subject Propetty shall comply with the provisions of Chapters 8 Flood Hazard Protection, Chapter 23 Protection ofTrees and Native Vegetation, and other applicable provisions of the City of Atlantic Beach Code of Ordinances, except as expressly set forth in the Fleet Landing PUD, as previously and herein amended. • Notwithstanding the additional limits set forth above and the addition of an independent living facility located on abutting property located in the City of Jacksonville, the cuiTently authorized 324 residential units (320 built) and 88 nursing care beds (88 built) shall remain in effect. Please refer to the enclosed draft ordinance and written description for additional details on the proposed Fleet Landing PUD Modification. BUDGET: None. RECOMMENDATION: To reach the consensus ofthe City Commission to move Ordinance No. 90-17-227 forward to First Reading with a Public Hearing on May 8, 2017 and to set a public hearing and adoption on second reading on May 22, 2017. ATTACHMENTS: Fleet Landing PUD Rezoning and Amendment Written Description, Draft PUD Ordinance No;/17:27 _ REVIEWED BY CITY MANAGER: -~--1---\---1/""'--~~~~'--*--------- Agenda Item 8A April 24, 2017 Fleet Landing PUD: 90-17-227 Minor Modification to PUD Ordinance No. 90-88-135, as previously amended Dated: AprillO, 2017 Naval Continuing Care Retirement Foundation Inc. Exhibit B Ordinance No. 90-17-227/Exhibit B. PUD Written Description/Page B-1 Agenda Item 8A April 24, 2017 Table of Contents Written Description Exhibit B-1: Exhibit B-2: Map Exhibit B-3: Exhibit B-4: Exhibit B-5: Exhibit B-6: Location Map Land Use & Zoning Master Expansion Plan PUD Modification Site Plan Legal Description and Survey of the 2.4 Acre Parcel Conservation Area Legal Description and Survey Ordinance No. 90-17-227/Exhibit B. PUD Written Description/Page B-2 Agenda Item 8A April 24, 2017 EXHIBIT B To Ordinance No. 90-17-227 Written Description for Minor Modification to PUD Ordinance No. 90-88-135, as previously amended Project Location: See Exhibit B-1 Description of Project: Fleet Landing is a full service continuing care facility providing a variety of independent living residential housing, assisted living care, memory care and skilled nursing care. The facility opened in 1990, and has been owned and operated by the Naval Continuing Care Retirement Foundation Inc. since that time. The facility's land use designation is Residen- tial Medium Density (RM) and is zoned Planned Unit Development (See Exhibit B-2). The PUD Ordinance No. 90-88-135, as previously amended by PUD Ordinance 90-90-152 and the PUD Ordinance No. 90-13-218 approved the ±73-acre site for 324 residential units and 88 beds, with a density of 4.37 units per acre. The facility's current as-built condition includes 320 residential units and 88 beds; leaving an approved unit-bed surplus of 4 residential units. Description of Proposed Modification: The applicant is in the process of expanding the campus to address the community's needs for additional senior housing and healthcare beds. The Naval Continuing Care Retirement Foundation Inc. has acquired additional properties that are mostly located within the City of Jacksonville, but also include a small 2.4-acre parcel within the City of Atlantic Beach, as more particularly described in Exhibit B-5 (the ~~subject Property"). Exhibit B-3 depicts the proposed expansion parcels and general campus expansion improvements. To de- velop these properties and have a well-functioning community master plan, the applicant re- quests to modify PUD Ordinance No. 90-88-135, as amended by PUD Ordinances No. 90-90-152 and No. 90-13-218, to add the Subject Property and modify its zoning to Planned Unit Develop- ment (PUD) commensurate with the overall Fleet Landing master plan and land use. The purpose of these modifications is to allow an access drive, utilities and amenities to a new Independent Living Complex located within the abutting City of Jacksonville portion of the prop- erty. Exhibit B-4 depicts the proposed improvements in context to this request. The proposed zoning modification is necessary to resolve the inconsistency between the Subject Property's current land use and zoning. Specifically, the property currently has a future land use designa- tion of Residential Medium Density (RM), but is zoned Conservation (CON). The proposed PUD modification will not increase the quantity of approved PUD residential Ordinance No. 90-17-227 /Exhibit B. PUD Written Description/Page B-3 Agenda Item 8A April 24, 2017 units, beds, density, or reduction of open space. Development Standards: The development standards for the modification will be per the appli- cable sections of the Atlantic Beach Land Development Code and any other applicable require- ments set forth in the City of Atlantic Beach Code of Ordinances. Development Schedule: The development is proposed to be completed within 5 years. Successors & Assignments: The owners agree to bind their successors in title to those condi- tions contained within the amended PUD, as further amended by this amendment. Maintenance: Operation and maintenance of the facilities will be the responsibility of the owner. Special Conditions: 1) Development within the Subject Property shall be similar to and con- sistent with the design concept and architectural designs and styles de- picted within renderings and drawings as contained within this Written De- scription. 2) No development of any kind shall occur within the ±1.47-acre Conserva- tion Area (as surveyed and shown in Exhibit B-6). 3} Permitted uses on the portion ofthe Subject Property west ofthe Con- servation Area (as surveyed and shown in Exhibit B-5) are limited to the following items as shown on the PUD Modification Site Plan (Exhibit B-4): a) Expansion of an existing adjacent stormwater retention pond; b) A two-lane internal access roadway, including a 5-to 8-foot wide sidewalk, as approved by the Fire Marshal; c) A sanitary sewer lift station; d) An elevated nature trail not to exceed a width of 10 feet; e) A conservation area; and f) A temporary construction staging area is permitted but shall be re- moved and the area reasonably restored within 90 days of receipt of a certificate of occupancy for the Independent Living facility. Ordinance No. 90-17-227 /Exhibit B. PUD Written Description/Page B-4 Agenda Item 8A April 24, 2017 List of Exhibits: 4) In addition to the Chapter 24 Land Development Regulations, develop- ment of the Subject Property shall comply with the provisions of Chapters 8 Flood Hazard Protection, Chapter 23 Protection of Trees and Native Vegeta- tion, and other applicable provisions of the City of Atlantic Beach Code of Ordinances, except as expressly set forth in the Fleet Landing PUD, as pre- viously and herein amended. 5) Notwithstanding the additional limits set forth above and the addition of an independent living facility located on abutting property located in the City of Jacksonville, the currently authorized 324 residential units (320 built) and 88 nursing care beds (88 built) shall remain in effect. 1. Exhibit B-1: Location Maps 2. Exhibit B-2: Land Use and Zoning Maps 3. Exhibit B-3: Master Development Plan Modifications 4. Exhibit B-4: PUD Modifications 5. Exhibit B-5: Legal Description and Survey of Land Included in the Application 6. Exhibit B-6: Conservation Area Legal Description and Survey Ordinance No. 90-17-227 /Exhibit B. PUD Written Description/Page B-5 Agenda Item 8A April 24, 2017 ORDINANCE NUMBER 90-17-227 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION OF AN ADDITIONAL 2.41 ACRES IN THE SITE PLAN, TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID ADDITIONAL 2.41 ACRES FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), ANQ";TO MODIFY THE APPROVED SITE DEVELOPMENT PLAN<FbR A NEW INTER- NAL ACCESS ROADWAY, EXPANSIQl~<&F},~S::fORMWATER RE- TENTION FACILITIES, SANITARY SEWER'Li:FT STATION, NA- TURE TRAIL, AND CONSERV A'[:IQN:AREA; .. RROVIDING FOR SPECIAL CONDITIONS; PROVlDING FOR FINDINGS OF FACT; PROVIDING FOR A SAVINGS/ CLAUSE; REQUlluNG RE- CORDATION; AND PROVIDING-~N EFFEC'IlVE DATEti:: :->>>:<-, />>>>>0 '·:·>> '-,~, -.;::<,< --:~:>,<' :-, --<~_:::~-::."<, ... 2 -~, RECIT ~i§ ·~·:.-'' .· ' < <· \::::~! <.:~:·;:;::~~ '-. ~\:.::~:.~~:~ <--"\---- \<::·\ <-<~~:::;;:·::· ', "<<<::-:~:-~ ',':~~~~>'~ -<·-:.<:::;~>>---. -_-,_:_:));:;;,_ WHEREAS, theJ)ty.~ommission:Qfthe Cit)'()f},\tlantic:~~fich, Florida hereby finds that the Fleet Landing Plan,tle(i)Jn1fip~yelopment:¢odi:ijg~tioij'~l1~ctedbythis Ordinance shall provide for orderly growth; ~~~:qui:age tile ~ppropriat~:~§~::Q$l[nd;, pt~~W¢ct and conserve the value of prop- erty; prevent the ovei'df8Wding or"l~P:d; promo1~p~1:otect and iiliprove the health, safety, comfort, good order, appearance, ~6pyeniel}~~if,(l1ld genera}welfare of the public and serve to establish con- sistency witbAl;te CQl;llprehel1~Sj:ye,;'f>Ia~ ~44:> , ' ' :' , <~i:~~,:~rt~i·r~q~i~:~a:hQtic~;a~[~tl>l~~~ed, a public hearing was held by the Com- munityBte.velopment B~ari.f:<m thli1gday of March 2017 at 6:00 p.m. Introduction and first reading ofth~proposed Ordt#~n,9e by'th~<Gity Commission was held on the gth day of May 2017 at 6:30p.m. SeB:<)lld reading of~h~ propo~~a Ordinance and a public hearing to hear, consider and adopt said Ordil1a~1,()~ was held ~I1.~he 22nd day of May 2017 at 6:30p.m. , .. ,->/· ::::,'>>~ NOW THEREFORlt,~EIJ''~l~lACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OFT~ CITY OF ATLANTIC BEACH, FLORIDA: <;>~.~' SECTION 1. Property Rezoned. That the Naval Continuing Care Retirement Founda- tion Inc, the title owner of record filed the application (File Number 17-REZN-389) along with supporting documents for the Planned Unit Development modification for inclusion of an addi- tional 2.41 acres and the zoning change of said 2.41 acres from Conservation (CON) to Planned Unit Development (PUD), and modification of the approved site development plan for a new internal access roadway and sidewalk, expansion of stormwater retention facilities, a new sanitary sewer lift station, nature trail, and conservation area, submitted to the City of Atlantic Beach, Florida on February 15, 2017. The zoning classification oflands as described by legal description Agenda Item 8A April 24, 2017 within Exhibit A (the "Subject Propetiy") is hereby changed from Conservation to Planned Unit Development (PUD) District. SECTION 2. Development Plan. That development of the Subject Propetiy shall pro- ceed in accordance with the Fleet Landing Planned Unit Development modification application and exhibits dated April 10, 2017 (the "Written Description"), attached as Exhibit B to this Or- dinance, and incmporated by reference into and made pati of this Ordinance. In case of conflict between the Written Description and the provisions ofthis Ordinance, the provisions of this Or- dinance shall prevail. SECTION 3. Special Conditions. a. Development within the Subject Parcel shall be similm· to and consistent with the design concept and architectural designs and styles depicted within renderings and drawings as contained within the Written Description. b . No development of any kind, including but not limited to walkways, roads, and structures, shall occur within the "Conservation Area", as depicted in Exhibit B-6, and that is generally shown as the "Conservation Area" on the "PUD Modification Site Plan", Exhibit B-4. c. Petmitted uses on the pmiion of the Subject Prope1iy located west ofthe Conser- vation Area line depicted in Exhibit B-6 are limited to the following items as shown on the PUD Modification Site Plan, Exhibit B-4: 1) Expansion of an existing adjacent stonnwater retention pond; 2) A two-lane internal access roadway, including a 5-to 8-foot wide sidewalk, as ap- proved by the Fire Marshal; 3) A sanitary sewer lift station; 4) An elevated, nature trail not exceeding I 0 feet in width; 5) A conservation area as described in Exhibit B-6; and 6) A temporary construction staging area is petmitted but shall be removed and the area reasonably restored within 90 days of receipt of a cetiificate of occupancy for the in- dependent living facility d. In addition to the Chapter 24 Land Development Regulations, development of the Subject Property shall comply with the provisions of Chapters 8 Flood Hazard Protection and 23 Protection ofTrees and Native Vegetation and other applicable provisions of the City of Atlantic Beach Code of Ordinances, except as expressly set forth in the Fleet Landing PUD, as previously and herein amended. e. Notwithstanding the additional limits set forth above and the addition of an inde- pendent living facility located on abutting propetiy located in the City of Jacksonville, the cur- rently authorized 324 residential units (320 built) and 88 nursing care beds (88 built) shall remain in effect. 00 79765 6-2 Ordinance 90-17-22 7/Page 2 of8 Agenda Item 8A April 24, 2017 SECTION 4. Findings of Fact. The need and justification for approval of the Fleet Land- ing PUD modification have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision and Land Development Regulations and, whereby it is found that: a. This request for Planned Unit Development modification for inclusion of the Sub- ject Property and zoning change from Conservation (CON) to Planned Unit Development (PUD); and modification of the approved site development plan for a new intemal access roadway and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature trail, and conservation area in accordance with the Written Description, has been fully considered fol- lowing a public hearing before and a recommendation from the Community Development Board and after public hearing before the City Commission with legal notice duly published as required by law. b. This request for Planned Unit Development modification for inclusion of the Sub- ject Property and zoning change from Conservation (CON) to Planned Unit Development (PUD), and modification of the approved site development plan for a new intemal access road- way and sidewalk, expansion of stonnwater retention facilities, sanitary sewer lift station, nature trail, and conservation area in accordance with the Written Description, is consistent with the 2020 Comprehensive Plan and the Future Land Use Map therein, as amended, with the designa- tion of the Subject Property as Residential, Medium Density (RM). c. This request for Planned Unit Development modification for inclusion of the Sub- ject Propetiy and zoning change from Conservation (CON) to Planned Unit Development (PUD), and modification of the approved site development plan for a new intemal access roadway and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature trail, and conservation area in accordance with the Written Description, is consistent with the Land Devel- opment Regulations in that the Subject Propetiy to be developed pursuant to this Planned Unit Development modification is currently vacant, and the pati of said Subject Propetiy designated as Zone AE on the Federal Emergency Management Agency flood hazard maps shall be devel- oped in accordance with the provisions of Chapter 8. Flood Hazard Areas. d. This Planned Unit Development modification does not adversely affect the or- derly development ofthe City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within the Comprehensive Plan. e. This request for Planned Unit Development modification for inclusion of the Sub- ject Property and zoning change from Conservation (CON) to Planned Unit Development (PUD), and modification of the approved site development plan for a new intemal access road- way and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature trail, and conservation area in accordance with the Written Description, is consistent with the Land Development Regulations, specifically Article III, Division 6, establishing standards for modifications to previously approved Planned Unit Developments. The development in accord- ance with the Written Description does not change the total number of dwelling units; provides for additional open space; and proposes minor roadway and utility improvements. 00797656-2 Ordinance 90-17-227/Page 3 of8 Agenda Item 8A April 24, 2017 f. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth within the Written Description and this Ordinance are consistent and compatible with sunounding development, and the proposed Planned Unit Devel- opment modification will not adversely affect the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent prop- erties or the general neighborhood. SECTION 5. Conflict. To the extent they do not conflict with the unique specific pro- visions of the Fleet Landing Planned Unit Development, as previously and herein amended, all provisions of the Land Development Regulations, as such may be amended from time to time, shall be applicable to this development. Notwithstanding any provision of this Ordinance, no portion of any Building Code, Comprehensive Plan or any applicable state or federal regulation shall be deemed waived or varied by any provision herein. SECTION 6. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 166.041, Florida Stat- utes. Passed upon first reading by the City Commission of the City of Atlantic Beach this gth day of May 2017. Passed and enacted, upon final reading and public hearing and adoption this 22nd day of May 2017. Donna L. Bartle, CMC City Clerk Effective Date: ------- Approved as to form and correctness: Brenna Durden, Esquire, City Attorney Mitchell Reeves Mayor/Presiding Officer 00797656-2 Ordinance 90-17-227/Page 4 of8 Agenda Item 8A April 24, 2017 ORDINANCE 90-17-227 EXHIBIT A LEGAL DESCRIPTION Part of Lot 1, Division 3, Pmi of Fractional Section 5 and part of Fractional Section 8, Township 2 South, Range 29 East of the Andrew Dewees Grant, according to a map thereof recorded in Deed Book "ERG", pages 212 and 213 of the former public records of Duval County, Florida, being more pmiicularly described as follows: Commencing at the southwest comer of that ce1iain tract ofland conveyed to the City of Jack- sonville by Condemnation Resolution No. 70-801-236 and being recorded in Official Records Volume 3202, Pages 481 through 485 of the cunent public records of said county, said point also being in the easterly right of way line ofMaypmi Road and/or State Road No. 101 (a 100-foot right of way as now established): thence south 09°53' 1 0" west, along said east right of way line of Mayport Road, a distance of 1481.79 feet to a point of curvature of a curve concave southeast- erly, having a radius of 5679.58 feet; thence southwesterly, along and around the arc of said curve, an arc distance of212.57 feet and a chord bearing and distance of south 08°44'54" west, a chord distance of212.56 feet to an intersection of said east right of way line of Mayport Road with the north line of said fractional Section 5; thence south 85°26' 41" east, along said north line a distance of 1089.51 to point of beginning; thence continue south 85°25' 41" east, along said north line of said Section 5, a distance of 920.72 feet to an intersection with the west right of way line of Selva Marina Drive (formerly known as Old Sheny Drive, a 100-foot right of way as now established); thence south 03°59'29" east, along said west right of way line, a distance of 65.94 feet; thence south 85°53 '39" west, depmiing said west right of way line, a distance of 753.58 feet; thence north 01 °08'25" west, a distance of 114.58 feet to an intersection with the south line of said Section 5 and the south line of said Section 8; thence south 89°22' 46" west, along the south 89°22'46" west, along last said line, a distance of 182.48 feet; thence nmih 09°53'10" east, departing said north line of Section 8, a distance of 81.49 feet to an intersection with the afore- mentioned nmih line of Section 5 and the point ofbeginning. (Containing a total of 104,861 square feet or 2.41 acres more or less) AS DEPICTED ON THE SITE SURVEY ON THE FOLLOWING PAGE 00797656-2 Ordinance 90-17-227/Page 5 of8 Agenda Item 9B April 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT 90-Day Calendar for the Mayor and Commission Yvonne Calverley, Executive Assistant to the City Manager'(____. April13, 2017 STRATEGIC PLAN LINK: None BACKGROUND: The 90-day calendar is included on the agenda for the purpose of setting meeting dates, determining the location, time and whether or not to videotape special meetings and workshops if the Commission desires. The rolling 90-day calendar will be revised after receiving input from City staff and the Commission and will be included in each agenda for consideration. Special notes: • Northeast Florida League of Cities Dinner, hosted by the beach cities, will be held at 6:30pm on Thursday, May 18th. • A Town Hall Meeting is scheduled for 10 am on Saturday, July 22 at the Commission Chamber. BUDGET: None RECOMMENDATION: Approve the 90-Day Calendar for May through July 2017 ATTACHMENT: 1) Mayor and Commission 90-Day Calendar (May through July 2017) CITY MANAGER: Agenda Item 9B April 24, 2017 MAYOR AND COMMISSION May 2017 SL ':\D \ Y \!01\:D .\ Y TL'I ·:SD .\ Y \\"ED:\ LSD\ Y ·1 I IL .RSD .\ Y 1-H.ID .\ y S.\TL'RD \Y 1 2 3 4 5 6 Due Date for 5/22 Agenda Items 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 -9:30pm Town Center 21 22 23 24 25 26 27 Commission Mtg Due Date for 6 :30pm 6/12 (lnvoc-Hill) Agenda Items 28 29 30 31 Memorial Day City Offices Closed Agenda Item 9B April 24, 2017 MAYOR AND COMMISSION June 2017 SL ':'(D_\ Y ;\]():'(!)_\ y H 1ESD .\Y \\"1 :D\: 1 :SD _ \ Y Tl IL'JbD .\ Y FRID.\ Y S.\H'RD .\Y 1 2 3 4 5 6 7 8 9 10 Due Date for New sletter Due 6/26 (Mayor) Agenda Item s 11 12 13 14 15 16 17 Commission Mtg 6 :30pm (lnvoc-Harding) 18 19 20 21 22 23 24 Du e Date for 7/10 Agenda Items 25 26 27 28 29 30 Commission Mtg 6 :30pm (Invoc-Waters) Agenda Item 9B April 24, 2017 MAYOR AND COMMISSION July 2017 ~L '\:D .\Y .\!()\:[).\\" TL 'I ·::-;D .\Y \\"1-:[)\:I ·:~D \Y "J'!IL'I\~D\Y I ·RID .\Y S.\"J'L 'JU).\Y 1 2 3 4 5 6 7 8 Newsletter Due City Offices (Mayor) Closed 9 10 11 12 13 14 15 Commission Mtg Due Date for 6 :30pm 7/24 (lnvoc-Reeves) Agenda Items 16 17 18 19 20 21 22 Town Hall Meeting 10 am Chamber 23 24 25 26 27 28 29 Commission Mtg Due Date for 6:30pm 8/14 (lnvoc-Stinson) Agenda Items 30 31 Agenda Item 10A April 24, 2017 ~rbor 71Bap flrodamatton Whereas, in 1972, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautifY our community; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal; Now, Therefore, I, Mitchell E. Reeves, by virtue of the authority vested in me as Mayor of the City of Atlantic Beach, Florida, do hereby proclaim April 28th, 2017, as Arbor Day in the City of Atlantic Beach, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF I have set my hand and caused the official seal of the City of Atlantic Beach to be affixed this _ day of April 2017. MITCHELL E. REEVES MAYOR