GULF BREEZE CITY COUNCIL REGULAR MEETING AGENDA

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1 GULF BREEZE CITY COUNCIL REGULAR MEETING AGENDA 1. ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES January 17, 2017, Regular Meeting Minutes January 19, 2017, Special Workshop 3. PROCLAMATIONS AND PRESENTATIONS 4. RESOLUTIONS AND ORDINANCES Resolution No FEBRUARY 6, 2017 MONDAY, 6:00 P.M. COUNCIL CHAMBERS Supporting the one-half cent sales tax for school and school facilities Resolution No Adopting a new fee schedule for solid waste services 5. CONSENT AGENDA ITEMS* A. Special Event Application HGTV, Beach Hunters B. Special Event Application Quentin Cooper Liver Life 5K Run April 15, 2017 C. Use of West Course for USPCA Regional Field Trial D. Purchase of Ballistic Body Armor for Police Department E. Surplus vehicle 2009 Crown Victoria, vehicle identification no. 2FAPH71V39X F. Surplus Office Furnishings G. Surplus Office Technology Items H. Request for Qualifications to provide real estate broker services I. Payment of invoice for legal services provided by Galloway/Johnson/Tompkins/Burr and Smith J. Appointment of Laverne Baker to Board of Adjustment K. Stormwater Task Force, Traffic Calming Task Force, and Master Plan Steering Committee disbandment L. Appointment of Interim City Manager *These are items considered routine in nature and will be considered by one motion. If any citizen wishes to voice an opinion on one of the items, you should advise the Council immediately. 6. ACTION AGENDA ITEMS A. Purchase of traffic signal preemption for Fire Department B. Annual Revision of Employment Agreement with Ed Gray

2 Regular Meeting Agenda February 6, 2017 Page 2 7. NEW BUSINESS 8. INFORMATIONAL ITEMS 9. ADJOURN AS CITY COUNCIL AND CONVENE AS THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS 10. ACTION AGENDA ITEMS A. Payment of invoice from VHB regarding the Community Redevelopment Agency Plan 11. PUBLIC FORUM 12. ADJOURNMENT Adjourn as CRA and convene as City Council If any person decides to appeal any decisions made with respect to any matter considered at this meeting or public hearing, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and any evidence upon which the appeal is to be based. The public is invited to comment on matters before the City Council upon seeking and receiving recognition from the Chair. If you are a person with a disability who needs accommodation to participate in a public hearing you are entitled to the provision of certain assistance. Please contact the City Clerk s office at (850) or at 1070 Shoreline Drive, Gulf Breeze at least one (1) week prior to the date of the public hearing.

3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA The 1,310 th Regular Meeting of the Gulf Breeze City Council, Gulf Breeze, Florida, was held at Gulf Breeze City Hall on Tuesday, January 17, 2017, at 6:00 p.m. ROLL CALL, INVOCATION, AND PLEDGE OF ALLEGIANCE: Upon call of the roll the following Councilmembers were present: Councilwoman Renee Bookout, Mayor Matt Dannheisser, Councilwoman Cherry Fitch, and Councilman Tom Naile. Mayor Pro Tem David G. Landfair was not in attendance. The City Clerk gave the invocation and led the Pledge of Allegiance. APPROVAL OF MINUTES: Mayor Dannheisser requested a change to January 3, 2017 minutes in regards to SSRUS recommendations item number 5, BCK Specialties. Mayor Dannheisser advised that he requested the City Attorney to draft a document memorializing the terms of the agreement with BCK Specialties. Councilwoman Bookout made a motion to approve the minutes from the January 3, 2017, Regular meeting with Mayor Dannhiesser s correction. Councilwoman Fitch seconded. The vote to approve was unanimous. Councilwoman Bookout made a motion to approve the minutes from the January 3, 2017, Community Redevelopment Agency Board of Directors. Councilwoman Fitch seconded. The vote for approval was unanimous. PRESENTATION AND PROCLAMATIONS: A. Quarterly Financial Report: Deputy City Manager Samantha Abell presented the financial report to the Council and answered questions. The Council requested to see a budget comparison on the next financial report. Councilman Naile would like to see this format used for the SSRUS budget presentation. RESOLUTIONS AND ORDINANCES: PUBLIC HEARING Ordinance No Imposing a temporary moratorium on the operation of medical marijuana treatment centers and licensed dispensing organizations within the City SECOND READING Regular Council Minutes January 17, 2017 Page 1

4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA The City Clerk read the ordinance by title. Mayor Dannheisserr opened the Public Hearing. The following citizen spoke against the Moratorium during the Public Hearing: Bill Cody, 1554 Oakhill Rd, Gulf Breeze, FL Mayor Dannheisser closed the Public Hearing. Councilwoman Bookout moved for approval of Ordinance No Councilwoman Fitch seconded. The vote for approval was unanimous. CONSENT AGENDA ITEM(S) A. Special Event Application Bridge to Bridge 5k run. Reference: Deputy Chief of Police memo dated November 15, 2016 Recommendation: That the City Council approve the Special Event application for the Bridge to Bridge 5k run to be held on October 14, B. Repair of Navarre Street Stormwater Inlet Reference: Public Services Coordinator memo dated January 6, 2017 Recommendation: That the City Council approve Brown Construction to replace the Navarre Street stormwater inlet at a cost of $5, C. Recommendation from Development Review Board Gulf Breeze Center, LLC 1198 & 1200 Gulf Breeze Parkway Construction of new Medical Office Building Reference: Development Review Board Minutes dated January 3, 2017 Recommendation: That the City Council approve the action of the Development Review Board. D. Payment of invoice for legal services provided by Messer Caparello Reference: City Clerk memo dated January 5, 2017 Recommendation: That the City Council approve payment of statement no in the amount of $5, to Messer Caparello, P.A. Regular Council Minutes January 17, 2017 Page 2

5 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA E. Consent to allow Beggs & Lane to represent Holley-Navarre Water System (HNWS) Reference: City Manager memo dated January 6, 2017 Recommendation: That the City Council approve the letter waiving any conflict and consenting to Beggs & Lane representing Holley-Navarre Water System and authorize the Mayor to sign the letter. F. Appointment to various City Boards and Committees Reference: City Manager memo dated January 6, 2017 Recommendation: 1. That the City Council make the following City Council Committee Appointments: Mayor Pro Tem Landfair: Military Affairs Liaison and Gulf Breeze Sports Association; Councilwoman Fitch: Education Affairs Liaison and Tourism Development Committee, Architecture Review Board; Councilwoman Bookout: Development Review Board, Park Advisory Board and Bay Area Resource Council; Councilman Naile: Gulf Breeze Area Chamber of Commerce Board, South Santa Rosa Advisory Board; Mayor Dannheisser: Capital Trust Agency, The Florida Alabama Transportation Organization, Fairpoint Regional Utility System, and Florida s Great Northwest. 2. That the Council appoint Josh Roth and Patrick Jehele to the Development Review Board and appoint Pamela Langham to the Board of Adjustment. Councilwoman Fitch made a motion to approve Consent Agenda items A through F. Councilwoman Bookout seconded. The vote to approve was unanimous. ACTION AGENDA ITEM(S): A. Landscape Architecture Design Concept (U.S. 98) Reference: Assistant to City Manager memo dated January 6, 2017 Recommendation: That the City Council issue WAS Design to develop construction plan documents to carry out the US 98 median landscape project to close out. Councilwoman Fitch made a motion to approve staff s recommendation and contract with WAS as prepared by the City Attorney. Councilman Naile seconded. The vote for approval was unanimous. Regular Council Minutes January 17, 2017 Page 3

6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA NEW BUSINESS: A. Contract for Special Advisor to Interim City Manager Reference: City Manager memo dated January 13, 2017 RECOMMENDATION: That the City Council authorize the current City Manager and the City Attorney to prepare an employment agreement between the City and Edwin A. Eddy whereby Mr. Eddy would serve as Special Advisor to the Interim City Manager for a period of twelve months commencing May 2, Mayor Dannheisser stated the contract should include a clause allowing for Mr. Eddy to extend and/or terminate the contract. Councilman Naile made a motion to approve staff s recommendation. Councilwoman Bookout seconded. The vote to approve was unanimous. INFORMATION ITEMS: City Attorney Mike Stebbins introduced his wife Pamela Moore. Mrs. Moore is working with and will occasionally fill in for Mr. Stebbins. PUBLIC FORUM: None ADJOURNMENT: Mayor Dannheisser adjourned the meeting at 6:45 p.m. Leslie A. Guyer, City Clerk Matt E. Dannheisser, Mayor Regular Council Minutes January 17, 2017 Page 4

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11 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 The Gulf Breeze City Council held an Executive Meeting at Gulf Breeze City Hall on Wednesday, February 1, 2017, at 6:00 p.m. ROLL CALL Upon call of the roll the following Councilmembers were present: Councilwoman Renee Bookout, Mayor Pro Tem David G. Landfair, Councilman Tom Naile, and Councilwoman Cherry Fitch. Mayor Matt Dannheisser was not in attendance. PROCLAMATIONS AND PRESENTATIONS: None ACTION AGENDA ITEMS A. Resolution No supporting the one-half cent sales tax for schools and school facilities Reference: City Manager memo dated January 26, 2017 Recommendation: That the City Council adopt a resolution supporting the one-half cent sales tax for schools and school facilities. Councilwoman Fitch made a motion to approve Staff s recommendation and place the Resolution on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. B. Resolution No adopting a new solid waste fee schedule Reference: Deputy City Manager memo dated January 26, 2017 Recommendation: That the City Council approve Resolution No establishing the solid waste rate adjustment. The Council asked Staff to see if the rates for senior and disabled were correct. Councilman Naile made a motion to approve Staff s recommendation but amended the effective date as of March 1, 2017, and place the Resolution on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. C. Special Event Application HGTV, Beach Hunters Reference: Deputy Chief of Police memo dated January 12, 2017 Recommendation: That the City Council approve the Special Event permit for Beach Hunter filming production. Ann Belleau, 204 Laura Lane, spoke against use of drones in the City. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 1

12 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 The Council directed staff and the City Attorney to prepare a policy regarding drone usage in the City. Councilman Naile made a motion to approve staff s recommendation and place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. D. Special Event Application Quentin Cooper Liver Life 5K Run April 15, 2017 Reference: Deputy Chief of Police memo dated January 12, 2017 Recommendation: That the City Council officially serve as sponsor again for the Gulf Breeze High School Student Association s annual Quentin Cooper Liver Life 5K Run and approve the Special Event permit for the run. Madison Owens, 419 Williamsburg Drive, spoke on behalf of the Gulf Breeze High School Student Government and answered questions from the Council. She also distributed a map of the run route. Councilwoman Bookout made a motion to approve staff s recommendation and place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Fitch seconded. The vote to approve was unanimous. E. Use of West Course for USPCA Regional Field Trial Reference: Utility Services Manager memo dated January 6, 2017 Recommendation: That the City Council permit the use of #18 Fairways West Course for the 2017 USPCA Reginal Field Trials. The Council asked that Integrity be notified of the event. Councilwoman Fitch made a motion to approve staff s recommendation and place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. F. Purchase of ballistic body armor for Police Department Reference: Deputy Police Chief memo dated January 3, 2017 Recommendation: That the City Council approve the purchase of 18 ballistic body armor vests from the State Forfeiture account. The City Manager advised that the old vests may be affixed to the seats of police vehicles to serve as additional protection for the officers. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 2

13 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Councilwoman Fitch made a motion to approve staff s recommendation and place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. G. Purchase of Traffic Signal Preemption for Fire Department Reference: Fire Chief memo dated January 16, 2017 Recommendation: That the City Council authorize the Fire Chief to purchase and install two traffic preemption transmitters for Engine 33 and Squad 33 from Transportation Control Systems in an amount not to exceed $7, The Council asked that staff to determine the cost to purchase a total of seven devices. Councilwoman Bookout made a motion to approve staff s recommendation with consideration of purchasing a total of seven devices and place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Fitch seconded. The vote for approval was unanimous. H. Surplus vehicle Crown Victoria, vehicle identification no. 2FAPH71V39X Reference: Deputy Chief of Police memo dated January 6, 2017 Recommendation: That the City Council declare the 2009 Crown Victoria as surplus and authorize the vehicle to be sold. Councilwoman Bookout made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Fitch seconded. The vote for approval was unanimous. I. Surplus office furnishings Reference: Assistant to City Manager memo dated January 23, 2017 Recommendation: That the City Council declare the furnishings in the above memorandum as surplus and authorize the items to be sold. Councilwoman Fitch made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 3

14 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 J. Surplus office technology items Reference: Assistant to City Manager memo dated January 23, 2017 Recommendation: That the City Council declare the property described in the above memo as surplus and authorize their disposal through an internet auction site. Councilwoman Bookout made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Fitch seconded. The vote for approval was unanimous. K. Request for Qualifications to provide real estate broker services Reference: Deputy City Manager memo dated January 26, 2017 Recommendation: That the City Council authorize the advertisement and request for qualifications to provide real estate broker services. Councilwoman Fitch made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. L. Payment of invoice for legal services provided by Galloway/Johnson/Tompkins/Burr and Smith Reference: City Clerk memo dated February 1, 2017 Recommendation: That the City Council approve payment of invoice no in the amount of $2, to Galloway/Johnson law firm. **The invoice originally submitted had a duplicate entry in the amount of $ The total amount due and owing on this invoice is $2, Councilwoman Bookout made a motion to approve staff s recommendation in the corrected amount of $2, and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. M. Payment of invoice from VHB regarding the Community Redevelopment Agency Plan Reference: City Clerk memo dated September 23, 2016 (sic) Recommendation: That the City Council meet as the Board of Directors of the Community Redevelopment Agency on Monday, February 6, 2017, and approve payment of invoice no in the amount of $1,680 to VHB. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 4

15 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Councilwoman Bookout made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. N. Appointment of Laverne Baker to Board of Adjustment Reference: City Clerk memo dated January 24, 2017 Recommendation: That the City Council appoint Laverne Baker to serve on the Board of Adjustment. Councilwoman Fitch made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. O. Annual Revision of Employment Agreement with Ed Gray Reference: City Manager memo dated January 5, 2017 Recommendation: That the changes submitted to Employment Agreement be accepted and approved by the City Council effective October 1, Jim Doyle, 308 Plantation Hill Road, and Patty Burke, 1317 Soundview Trail, spoke about this item. The City Manager advised that Section B(6) of the agreement will be a revised to include clarification of the true up provision. Councilwoman Fitch made a motion to approve staff s recommendation with the addition of the true-up language to the Employment Agreement and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. P. Stormwater Task Force and Traffic Calming Task Force disbandment Reference: City Manager memo dated January 27, 2017 Recommendation: That the City Council recognize the completion of the work of the Stormwater Task Force and the Traffic Calming Task Force and cease operations of both. Jim Cox, 423 Williamsburg Drive, asked about a traffic issue in his neighborhood. Mr. Eddy asked that staff would speak with him about the matter. The City Manager advised that the Chair of the Stormwater Task Force, Ed Gray, provided a letter concurring with the request to disband the Stormwater Task Force. A copy of the letter was provided to the Council in advance of the meeting. The Council also requested that the Master Plan/Steering Committee be disbanded. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 5

16 EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Councilman Naile made a motion to approve staff s recommendation as well as disbandment of the Master Plan/Steering Committee and to place the item on the February 6, 2017, Regular meeting agenda. Councilwoman Bookout seconded. The vote for approval was unanimous. Q. Appointment of Interim City Manager Reference: City Manager memo dated January 26, 2017 Recommendation: That the City Council name Samantha D. Abell as interim City Manager effective May 1, Councilwoman Fitch made a motion to approve staff s recommendation and to place the item on the February 6, 2017, Regular meeting agenda. Councilman Naile seconded. The vote for approval was unanimous. NEW ITEMS: None INFORMATION ITEMS: None PUBLIC FORUM: Patty Burke, 1317 Soundview Trail, spoke regarding improvements to the drainage easement west of the Burke s property. Jim Doyle, 308 Plantation Hill Road, spoke regarding the Catawba right-of-way lawsuit. COUNCIL COMMENTS: Councilwoman Bookout wanted to emphasis to those in attendance that the sales tax for the Santa Rosa County School system is a renewal of an existing tax. Councilwoman Fitch announced that Councilwoman Bookout was named Santa Rosa County Chambers of Commerce Woman of the Year. Mayor Pro Tem Landfair thanked Councilwoman Bookout for the time and effort she puts into thoroughly reviewing the Council agendas. ADJOURNMENT Mayor Pro Tem Landfair adjourned the meeting at 6:55 p.m. EXECUTIVE MEETING MINUTES FEBRUARY 1, 2017 Page 6

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18 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA, SUPPORTING THE CONTINUATION OF THE ONE-HALF CENT SCHOOL CAPITAL OUTLAY SALES SURTAX TO BE USED BY THE SCHOOL BOARD OF SANTA ROSA COUNTY, FLORIDA. WHEREAS, in 1997, Santa Rosa County voters approved a one-half cent school capital outlay sales surtax to fund construction of new school district facilities, renovations and additions to existing school district facilities, land acquisitions and improvements, and the upgrading and equipping of school district facilities for technology; and WHEREAS, renewal of the tax was approved by Santa Rosa County voters in 2007; and WHEREAS, the one-half cent surtax will expire on December 31, 2018; and WHEREAS, Santa Rosa County is now the sixth fastest growing county in the state. Because of this growth, the School System has experienced tremendous growth over the past several years and has built two schools over the past ten years, along with an additional 460,000 square feet since 2008; and WHEREAS, the student population is ever increasing, averaging approximately 300 additional students per year over the past four years, with approximately 730 additional students during the school term, the highest number during the past eight years; and WHEREAS, if the school system is to maintain its high quality, it must keep pace with growth by continuing to build new facilities; and WHEREAS, the School Board of Santa Rosa County is seeking to renew the surtax for a tenyear period beginning January 1, The electors of Santa Rosa County, Florida, will consider this issue in a special referendum to be held on March 28, 2017; and WHEREAS, the City Council supports renewal of the one-half cent sales surtax set to expire on December 31, 2018, and extending the levy of the surtax for a ten-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA: That the Gulf Breeze City Council supports the renewal of the one-half cent school capital outlay sales surtax and encourages all its citizens to also support this issue. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, SANTA ROSA COUNTY, FLORIDA, ON THIS 6 th DAY OF FEBRUARY, CITY OF GULF BREEZE, FLORIDA ATTEST: By: Matt E. Dannheisser, Mayor Stephanie D. Lucas, City Clerk

19 RESOLUTION NO WHEREAS Article V. Solid Waste, Section of the City of Gulf Breeze Code of Ordinances allows for fee schedules for Solid Waste removal to be established by Resolution; and WHEREAS the City Council of the City of Gulf Breeze has awarded a five (5) year contract for Solid Waste services to Republic Services (previously Allied Waste Services) as a result of a competitive bid process; and WHEREAS the City's 2013 contract with Republic Services requires adjustment of rates from those currently in effect; and WHEREAS the City of Gulf Breeze wishes to provide for a new fee structure as per the existing contract for rate adjustments with the City's franchisee; WHEREAS the City Council wishes to provide funding via this rate increase to be used for operating costs associated with the solid waste removal; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIDA AS FOLLOWS: That for services provided after March 1, 2017, the fee structure for solid waste removal shall conform to the rates on the fee schedule attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Gulf Breeze, Santa Rosa County, Florida on this day of February, APPROVED: Matt E. Dannheisser, Mayor ATTEST: Stephanie D. Lucas, City Clerk

20 RESOLUTION NO Exhibit A Rates to be effective for services provided after March 1, 2017 Paid to Franchisee Charged to Customer (Service only) (Incl Disposal) Curbside - Residential $ $ $19.14 Curbside - Senior $ 9.90 $ $17.09 Curbside - Extra Kart $ 3.14 $ 9.48 $9.20 Sideyard - Residential $ $ $31.89 Sideyard - Senior $ 9.90 $ $17.09 Sideyard - Disabled $ 9.90 $ $17.09 Sideyard - Sr Disabled $ 9.90 $ $17.09 Sideyard - Extra Kart $ 6.28 $ $12.28 Sideyard - MSW & Rec $ $ $31.89 Commercial Svc -Recycle -Kart $ 8.83 $ $9.95 Commercial Svc -Kart x1 $ $ $25.00 Commercial Svc -Kart x2 $ $ $39.78 Commercial Services - Maximum allowable rates Billed directly to customer and includes disposal fees except compactor and 30 yard rates Commercial Recycle -2 yd x1 per week $ Commercial Recycle -4 yd x1 $ Commercial Recycle -2 yd x3 $ Commercial Recycle -4 yd x3 $ Commercial Recycle -2 yd x5 $ Commercial Recycle -4 yd x5 $ Commercial Recycle -6 yd x 1 $ Commercial Recycle -8 yd x1 $ Commercial Recycle -6 yd x 3 $ Commercial Recycle -8 yd x3 $ Commercial Recycle -6 yd x 5 $ Commercial Recycle -8 yd x5 $ (Same fees as above for customer owned 6 yd compactors) Commercial Recycle -8 yd x5 $ Commercial Svc -2yd x 1 $ Commercial Svc -4yd x 1 $ Commercial Svc -2yd x 2 $ Commercial Svc -4yd x 2 $ Commercial Svc -2yd x 3 $ Commercial Svc -4yd x 3 $ Commercial Svc -2yd x 4 $ Commercial Svc -4yd x 4 $ Commercial Svc -2yd x 5 $ Commercial Svc -4yd x 5 $ Commercial Svc -2yd x call $ Commercial Svc -4yd x call $ Commercial Svc -6yd x 1 $ Commercial Svc -8yd x 1 $ Commercial Svc -6yd x 2 $ Commercial Svc -8yd x 2 $ Commercial Svc -6yd x 3 $ Commercial Svc -8yd x 3 $ Commercial Svc -6yd x 4 $ Commercial Svc -8yd x 4 $ Commercial Svc -6yd x 5 $ Commercial Svc -8yd x 5 $ Commercial Svc -6yd x call $ Comm - 8yd x call $ Comm Svc - 6yd Compactor x 1 $ Comm Svc - 6yd Compactor x 2 $ Comm Svc - 6yd Compactor x 3 $ Comm Svc - 6yd Compactor x 4 $ 1, Comm Svc - 6yd Compactor x 5 $ 1, (2) (2) (2) (2) (2) 30 Yd Rolloff or Compactor x1 $ Yd Rolloff or Compactor x2 $ 1, Yd Rolloff or Compactor x3 $ 2, Yd Rolloff or Compactor x4 $ 3, Yd Rolloff or Compactor x5 $ 4, On call Roll Off 30yd $ (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) Disposal costs billed separately Rates presume compactor is customer owned

21 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter Agreement ) is made and entered into as of the 1 st day of October, 2016 ( Effective Date ), by and between the CITY OF GULF BREEZE, a Florida municipal corporation (hereinafter Employer ), and EDWARD M. GRAY, III, 1 Gray Oaks Lane, Gulf Breeze, Florida, 32561, (hereinafter Employee ), who may hereinafter be individually referred to as a Party or collectively as the Parties. W I T N E S S E T H: WHEREAS, it is the intent of the Employee and the Employer that this Agreement supersede and replace all prior agreements and understandings by and between the Parties in any manner relating to the subject matter contemplated herein, including but not limited to those certain Employment Agreements dated April 1, 2015 and October 1, 2015 between the Parties, except as provided in Section 3.E. herein; and, WHEREAS, it is the desire of Employer to continue to secure and retain the services of the Employee to administer, oversee, service, market, etc., and serve as Executive Director of the Capital Trust Agency, Inc. ( CTA ), including administering, overseeing, servicing, marketing, etc. Capital Trust Agency Community Development Entity, LLC, including its related or subsidiary entities, (collectively, CDE ); and, WHEREAS, it is also the desire of Employer to continue to secure and retain the services of the Employee to administer, oversee, service and market, etc. and serve as Executive Director of Gulf Breeze Financial Services, Inc. ( GBFS ); and, WHEREAS it is the intent of the Employee and Employer to create a transparent relationship and manner of compensation that is easily calculated; and, WHEREAS the scope of this Agreement also includes compensation to the Employee for any and all services rendered for or on behalf of CTA, GBFS and CDE; and WHEREAS, Employee agrees to provide the services contemplated herein according to the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, terms and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties do agree as follows: 1. Description of Work: Employer hereby employs Employee to perform, and Employee agrees to perform, the functions and duties of directing, overseeing, supervising, managing, marketing, etc.: (i) the activities and operations of CTA, GBFS and CDE as well as their subsidiary or related entities; (ii) the financing programs which have been created, or which may be created hereafter, for which CTA is the issuer of its funding bonds (hereinafter individually referred to as a Program or collectively as the Programs ); and (iii) the Local 1

22 Government Loan Program Floating Rate Demand Revenue Bonds, Series 1985, and the corresponding 1985 Local Government Loan Program (hereinafter collectively "1985 Loan Program"). Employee shall also perform such other duties as are customarily performed by an executive director for entities such as CTA, CDE and GBFS and any other duties Employer may from time to time assign to Employee, including, but not limited to, such duties as outlined in Exhibit A. For example, in addition to the duties relating to CTA, CDE and/or GBFS, the Employee may be assigned to research, market and manage financing opportunities relating to entities under the auspice of Employer, including, but not limited to, Tiger Point Golf Course or the South Santa Rosa Utility System. 2. Manner of Performance of Work: The services contemplated herein must meet the approval of Employer and shall be subject to Employer s right of inspection and supervision to secure satisfactory completion thereof. In addition, Employee s performance of his duties as contemplated herein shall also be subject to supervision and inspection of CTA s Board of Directors (however, in the event of conflicting instruction from Employer and said Board of Directors, those of Employer shall control). Employee agrees to devote his productive time, ability and attention on a full time basis in the performance of the duties contemplated herein. It is recognized that the Employee must devote a great deal of time outside the normal office hours in performing such duties and, to that end, Employee shall be allowed to establish an appropriate work schedule. The schedule shall be appropriate to the needs of the Employer and shall allow Employee to faithfully perform his assigned duties and responsibilities. Employee acknowledges that the proper performance of his responsibilities requires him to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. Employee agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided includes compensation for the performance of all such services. However, Employer intends that reasonable time off be permitted Employee, such as is customary for exempt employees so long as the time off does not interfere with the Employee s performance of his duties and responsibilities. Employee will devote full time and effort to the performance of his responsibilities and shall remain in the primary employ of the Employer during the term of this Agreement. 3. Compensation: For the services rendered by Employee pursuant to this Agreement, Employer agrees to compensate Employee by payment of (i) a base amount, and (ii) potential for an annual incentive bonus, as follows: A. For the Term of this Agreement (as defined in Section 5 below), Employee s base amount shall be at the annual rate of $150, ( Base Amount ), which is to be paid monthly in equal payments on a payroll date that other employees of Employer are paid. The Base Amount may be amended for subsequent renewal terms of the Agreement by the Parties, provided that such amendments will be effective only if set forth in a written amendment hereto that has been approved by the Gulf Breeze City Council. If the Base Amount has not been amended by an approved, written amendment, the Base Amount shall remain in effect for any subsequent renewal terms. 2

23 B. An Annual Incentive Bonus based on a percentage of Net Income of CTA Before Transfer, as adjusted upward by the amount of an Annual Incentive Bonus either paid prior to, or accrued by, September 30, 2017 ( Adjusted Net Income of CTA Before Transfer ), equal to, or in excess of $441,497.00, for FY FY as set forth in CTA s Audited Financial Statement ( Audit ) for FY The use of $441, is the amount of Net Income Before Transfer established in the approved FY Capital Trust Agency Budget. As such it reflects a reasonably accurate calculation of revenues and expenses for CTA, which for this Agreement and those certain Employment Agreements dated April 15, 2015 and October 1, 2015 between the Parties, include the amount of the CTA/CDE Partnership Income proportionate to the CTA ownership interest in the CTA/CDE Partnership. Adjusted Net Income of CTA Before Amount of Annual Incentive Transfer of $441, for Bonus FY Less than 100% $0 100% $50, % to 124% additional $25, % additional $25,000 Greater than 125% 60% of excess subject to a maximum of another $50,000 For examples: (1) If the Adjusted Net Income of CTA Before Transfer for FY is $441,000.00, the Annual Incentive Bonus would be $0.00. (2) If the Adjusted Net Income of CTA Before Transfer for FY is $441,497.00, the Annual Incentive Bonus would be $50, (3) If the Adjusted Net Income of CTA Before Transfer for FY is $445, up to $547,456.00, the Annual Incentive Bonus would be $50, plus $25, (i.e., the percentage increase is both at or above 100% and between 101% to 124%) for a total of $75, (4) If the Adjusted Net Income of CTA Before Transfer for FY is $551,871.25, the Annual Incentive Bonus would be $50, plus $25, plus $25, (i.e., the percentage increase is at or above 100%, 101% -124%, and at 125%) for a total of $100, (5) If the Adjusted Net Income of CTA Before Transfer for FY is $581,000.00, the Annual Incentive Bonus would be $50, plus $25, plus $25, (i.e., the percentage increase is at or above 100%, 101% -124%, and at 125%) plus $17, (i.e., 60% of the amount in excess 125% of $441, calculated as follows: 3

24 $581, $551, [which is 125% of $441,497.00] = $29, X.60 = $17,477.25) for a total of $117, (6) If the Adjusted Net Income of CTA Before Transfer for FY is $670, the Annual Incentive Bonus would be $50, plus $25, plus $25, (i.e., the percentage increase is at or above 100%, 101% -124%, and at 125%) plus $50, (i.e., 60% of the amount in excess 125% exceeds the $50,000 cap, so the cap applies) for a total of $150, It shall be the responsibility of the Employee to have proposed unto the City Council no later than September 30 th of the current term the incentive bonus schedule that will apply for the next yearly term of this Agreement. Following the Employee s timely submission of the incentive bonus schedule, the City Manager and City Staff will evaluate and discuss the incentive bonus schedule with the Employee and as reasonably practical thereafter prepare a recommendation for the incentive bonus schedule for City Council consideration. The City Council will endeavor to consider the incentive bonus schedule promptly thereafter. Failure of the Employee to have timely proposed said incentive bonus schedule shall mean that Employer shall not be obligated to pay an incentive bonus for that year. The approval of the new incentive bonus schedule by the City Council shall be evidenced by a proposed written amendment to this Agreement provided to, and signed by, the Employee within thirty (30) days following approval of the amendment to the Agreement by the City Council. The Employee shall also ensure that borrowers and other appropriate parties under any currently existing or future Programs be charged and pay directly unto CTA all fees and the same be included as part of Adjusted Net Income for CTA Before Transfer for purposes of determining the incentive bonus contemplated in this Agreement. Employee shall not contract for or receive any other fees, remuneration or consideration for related services. Except as contemplated in Subsection D below, of this Section 3, any incentive bonus awarded per this Agreement shall be paid on or before the last day of the month following the month that the final Profit and Loss verifications and audit adjustments (if any) for the year the incentive bonus is calculated has been delivered to and accepted by the City Manager from the audit firm. For example, if the Income and Expense portion of the Audit Report for 2017 is delivered to and accepted by the City Manager on January 15, 2018, then ninety percent (90%) of any unpaid incentive bonus for 2017 shall be paid on or before February 28, Any remaining unpaid portion of the Annual Incentive Bonus payable following the delivery of the comprehensive final audit report will be paid on or before the last day of the month following the final audit report being delivered to the City Manager. However, if after the delivery of the comprehensive final audit report to the City Manager it is determined that the Employee s Annual Incentive Bonus under this Agreement exceeds the amount authorized under this Agreement ( Overpayment ), the Employee agrees to refund the Overpayment to the Employer within thirty (30) days of receiving written notice of the Overpayment from the Employer. Formatte Roman, 1 Formatte Roman, 1 Formatte Roman, 1 Formatte Roman, 1 Formatte 4

25 C. The compensation contemplated in the Agreement, including any incentive bonus, shall be deemed to include any remuneration due for any and all services provided by the Employee in any manner pertaining to or for the benefit of Employer, GBFS, CTA and CDE, as well as all other subsidiary or related entities. D. For the Term of this Agreement (as defined in Section 5 below), draws against the estimated annual incentive bonus as defined in Subsection B, above, of this Section 3 may be paid to Employee in accordance with the following: 1. The draws against the estimated annual incentive bonus may begin April 15, 2017, and may continue until September 15, 2017, subject to the limitations contained herein. 2. The cumulative total of paid draws against the estimated annual incentive bonus, shall be no more than seventy-five percent (75%) of the estimated annual incentive bonus. 3. The amount of the estimated annual incentive bonus shall be determined based upon the Gulf Breeze City Manager s good faith calculation of anticipated Adjusted Net Income of CTA Before Transfer. 4. The draws against the estimated annual incentive bonus as contemplated in this Subsection D shall be paid only upon the advanced written request of the Employee. 5. Notwithstanding any provision herein to the contrary, draws against the estimated annual incentive bonus during the Term shall not exceed $85, The sum of all draws paid to Employee pursuant to this Subsection D shall be deducted from the amount of the annual incentive bonus contemplated in Subsection B, above. 7. In the event that the sum of all draws paid to Employee pursuant to this Subsection D during the Term of this Agreement (as defined in Section 5., below) exceeds the amount of the annual incentive bonus contemplated in Subsection B, above, (such excess amount hereinafter referred to as the Overpayment ), the Employer shall notify Employee of such Overpayment and the Employee shall repay the Overpayment, plus interest, to the Employer within thirty (30) days of the date of said notice. The interest rate paid for any Overpayment shall be based on the Judgment Interest Rate established by Florida s Chief Financial Officer at the time the interest is due. E. For purposes of the Annual Incentive Bonus calculation under this Agreement, the payment of the Annual Incentive Bonus under that certain Employee Agreement dated October 1, 2015 between the Employer and the Employee shall not be included as an expense in the Fiscal Year Net Income of CTA Before Transfer. 5

26 4. Expenses: Employer shall reimburse Employee for actual out-of-pocket travel and per diem expenses, as well as reasonable miscellaneous expenses as approved by Employer or Employer s City Manager, incurred in connection with performing the services contemplated herein on the condition that the Employee has sought and received the Employer s advance approval of the incurrence of such expenses and, further, provided that all such expenses were approved and incurred in accordance with the requirements of Section , Florida Statutes. Employer shall provide for Employee s use in performance of the services contemplated herein a cell phone and laptop computer as approved by Employer s City Manager. 5. Term; Termination; Extension of Term: The Term of this Agreement shall become effective on the Effective Date and shall remain in effect until September 30, It is understood and agreed that Employer may immediately terminate this Agreement and terminate the employment of Employee at will and this Agreement gives no proprietary interest in the job and no further remuneration would be claimed after termination except for that which is otherwise provided herein. Upon expiration of its then current term, this Agreement shall be automatically renewed on the same terms and conditions as herein provided for an additional period of one (1) year unless one Party provides one hundred eighty (180) days advance written notice to the other Party of his/its intent not to renew. The foregoing notwithstanding, the event of dissolution of CTA shall automatically constitute termination of this Agreement as of the date and time such dissolution is effective, notwithstanding the failure of either Party to provide the advance written notice contemplated in this Section Fiduciary Obligation: The Parties recognize and acknowledge that by entering into this Agreement that Employer has reposed unto Employee special confidence and trust that Employee will act in the best interest of Employer, CTA, GBFS and CDE. Employee agrees, covenants, and commits that with respect to all actions and conduct of Employee that could have an effect upon Employer, CTA, GBFS or CDE, Employee will act and conduct himself in good faith and in the best interests of Employer, CTA, GBFS and CDE and their respective objectives, goals, intentions and business relationships, and in accordance with all applicable laws and regulations, including, but not limited to, the Florida Code of Ethics for Public Officers and Employees. 7. Severance Benefits: A. In the event this Agreement is terminated by Employer, except for Employee s misconduct or conviction for any felony or misdemeanor of first degree, before expiration of its then current term, and on the condition that for the remainder of the then current term Employee was willing and able to perform his duties under this Agreement, Employer shall: (i) Pay Employee a lump sum (hereinafter, the Severance Payment ) equal to the sum of six (6) months of the Base Amount contemplated in Subsection A of Section 3 above; (ii) Provide and pay for during the first six months following the effective date of the termination of this Agreement the same health, dental and vision insurance 6

27 benefits under COBRA continuation coverage that Employee would have received if he remained employed during the said six (6) month period (hereinafter, the Severance Health Insurance ); and (iii) Make a one-time pension contribution for Employee in the amount of $4, (hereinafter the Severance Pension Contribution ). (The Severance Payment, Severance Health Insurance and the Severance Pension Contribution shall hereinafter be collectively referred to as the Severance Benefits. ) Notwithstanding the foregoing, in the event Employee is terminated because of misconduct or conviction of any felony or misdemeanor of first degree, Employer shall not be required to: above, or (iv) Provide advance notice of non-renewal as contemplated in Section 5 (v) Pay or provide the Severance Benefits to or for the benefit of Employee. For purposes hereof, the term misconduct shall not include acts of ordinary negligence. The amounts contemplated in this Subsection A to be paid to Employee in the event of early termination of this Agreement (except for termination for misconduct or conviction of a felony or misdemeanor of first degree) shall not include any annual incentive bonus as described in Section 3B above, nor shall it include any other remuneration whatsoever which has not already been paid to the Employee before the effective date of such termination. B. In the event this Agreement is terminated before expiration of its then current term, the Employee shall not be entitled to receive any compensation whatsoever contemplated in Section 3 above, which has not already been paid to the Employee before the effective date of the termination of this Agreement. 8. Other Employment Benefits: A. General. Except as provided in the following Subsection B, Employee shall be entitled to receive from Employer and participate in, and Employer shall be obligated to supply, fund and provide for the benefit of Employee, the group health, dental, vision, long-term disability and life insurance benefits identified in the Personnel Manual of the City of Gulf Breeze, but only to the same extent that such employment benefits are available to other employees of the Employer. B. Pension Plan. The provisions of the preceding Subsection A notwithstanding, to the extent allowed and in the manner provided by law, Employer shall annually contribute eight percent (8%) of the Employee s Base Amount to the qualified retirement and/or pension plan that Employee is currently participating in. Employee shall not be entitled to, nor shall Employer be obligated to provide, any other pension benefits 7

28 contemplated in the Personnel Manual of the City of Gulf Breeze or otherwise available or provided to other employees of the Employer. Employee may voluntarily participate in the deferred compensation plans that are available or provided to other employees and for which Employee is eligible; however, Employer shall not make any contributions to, or on behalf of, the Employee for his voluntary participation in any deferred compensation plans of the City. C. No Other Fringe Benefits. Except as specifically provided in this Agreement, Employee shall not be entitled to receive or participate in any other employment or fringe benefits including any benefits (other than those set forth in the preceding Subsections A and B of this Section 7) otherwise provided to other employees of Employer. 9. Performance Evaluation: A. Employer shall endeavor to review and evaluate the performance of the Employee at least once annually prior to January of each year. Said review and evaluation shall be in accordance with specific criteria developed jointly by the Parties; however, Employer may revise such criteria from time to time as it deems appropriate. The Employee shall be provided with a written statement summarizing the findings and be provided with adequate opportunity to discuss his evaluation with employer. B. The Parties shall endeavor to annually define the goals and performance objectives which they determine necessary or appropriate with respect to Employee s duties and performance hereunder. 10. Notices: Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: Employer: Employee: Mayor City of Gulf Breeze 1070 Shoreline Drive Gulf Breeze, FL Ed M. Gray, III 1 Gray Oaks Lane Gulf Breeze, Florida As an alternative to mailing, notices required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 11. General Provisions: A. This Agreement shall be binding on and shall inure to the benefits of the Parties and their respective Legal representatives, successors, and assigns. 8

29 B. The invalidity, unenforceability or lawful rejection of any provision of this Agreement shall not affect or impair the validity or enforceability of any other provision. To the extent any provision is invalid, unenforceable, or lawfully rejected, the parties desire and herby request the courts (or other applicable regulatory authorities) to construe, reconstruct and/or reform this agreement in a manner rendering this Agreement effective within the intent and purpose of this Agreement. C. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. D. This Agreement has been negotiated at arm s length by the Parties who mutually agree that for purposes of construing the terms of this Agreement, neither Party shall be deemed responsible for the drafting of this Agreement. E. Neither this Agreement nor any duty or responsibility set forth herein to be performed by either Party shall be assigned to or performed by a third party without the express written consent of the Parties. 12. Complete Agreement: This Agreement sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, written or oral, by, between and including the Parties as well as: (i) that certain Independent Contractor Agreement dated as of August 1, 1999, by and among CTA, Ed M. Gray, III, and Edwin A. Eddy; (ii) that certain Independent Contractor Agreement between CTA and Municipal Advisory Services, Inc. dated January 1, 2002, (iii) that certain Employment Agreement between Gulf Breeze Financial Services, Inc., and Ed M. Gray, III, dated January 1, 2002 and those certain Employment Agreements dated April 15, 2015 and October 1, 2015 between the Parties (collectively, the Prior Agreements ). The Parties agree and acknowledge that this Agreement sets forth and establishes the complete and exclusive statement of all Prior Agreements, understandings, promises, covenants or the like between the Parties with respect to the subject matters contemplated herein and that no promise, commitment, undertaking, agreement, understanding or the like not expressly set forth herein shall be binding upon either Party. 13. Amendment: This Agreement may not be changed or amended without written agreement signed by the Parties. [The remainder of this page is intentionally left blank] 9