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FIRST NIGHT '95 COMMUNITIES UNITED STATES Alabama . Mobile Rlinais Montana Ohio Aurora B/o~omingron/Normo! Missoula paytpt Caty°^na Fullenon Evraufon New Hampshire NwYh Ridgeville Toledo Hermosa Beach Northbrook Pontiac Concord Monterey Rockford Keene Par[mrouth Be Sme Diego Spri>~dd Fiie San Francisco Smug Cruz Nnr Jetsry Johnuawn S Lane Tahoe Indiana E~m>s»1/ Fkmittgtart New Castle e MOP/ew'~ State College Col d ~ Yost ora o Lkmer Bentueky Bowling Green MoruurJai Moms Cry, ~~ lrlaad Conneeneut Gwensboro lMarraa,,,,y ~~~ L7 b Oceme Ctry mt ury Hartford Maryland RedBmtk Car Sonf ~oTuta Mystic Amurpolu TalbotCounry/F.mra,) Summit Teaneck ~~ n We stportDYeuae ~ Toms River Cohmtbur Massaehuaetts WestEssu~tddetq GrearviBe D~Q1°Q^e Wilmington BeMnly Woodridge rauratae Brockson NnrMesico ~~ I'7ar+da Pensacol Cope Cad (Falmiorth, Las Cruus Usai a St Petershrvg Hyo~at;q~kmu, Pravinorm.n) New Yost SaLLmteCi ry Tampa Bay Chathmx Albmry Lowell Verwpwt Georgia Martha's Vineymd Bwlirgfon Athens NewBedjo-d F reeport Rutlmd Af buryport N New York City Johtulnay ~ con arthatnpton ) Piusjekl Wld4 Plains - ~ - ~4~ ": . ~.~" - ~,: Hawaii Quincy, Akzoidrlo= Honolulu Wwcesur Nash Coralina CJr~lottnvt(k Kama Ashevrlk H Maui Muhigaw ClusloJle Birmingham Piedmaat tGren+trwo ._ Ravnate -" Idaho Wayne , Rigl,Pam,Wimaarr IPaynesbaroT' _ ~ Boise Salrm) Wdliomtburg . Mlssoari Raleigh WmchrsYer Cdumbia St Lavin North Dahofa R' Spritegj+eld GreaterGrmdForks PinaeC~dY ?aa+ma. 579dlowcw) -9- INFORMATION AND DOCUMENTATION An INFORMATION PACKET is available for those interested in hosting a First Night Celeblalion in their own community. The packet, which includes a profile artice on First Night and sample materials from various does, specifically contains the following information. 1. First Night Celebrations: Building Community Through the Arts article 2. Mission Statement 3. Membership Direcory 4. Organizational Charts 5. Year{ound schedule 6. Budgets 7. Press Comments 8. New York Times artide 9. Wall Street Jouma/artide 10. List of Awards 11. Newsletter 12. Sample Materials Arnual Reports Buttons 'Call to Artists' Programs 13.Application Form VIDEO '/{ VHS, approximately 7 minutes long. Composde tape of four First Nigh cities; Boston, Buffalo, Edmonton and Honolulu, accampan'ied by commentary. SLIDES First Nigh Boston since 1976: children's festival, 'street surprises: procession, community workshops, P~~ f~t~Pat~, 'resolution' sculptures, ice sculptures, multir tltiaal programs, store-front window performances/ installations, partiapalory programs, indoor perforrrtartoes, outdoor installations, fireworks. To order any d the above, send a dtedk to First Nigh International, 20 Park Plaza, Suite 938, Boston, MA, 02116. Information Padket S40 3/'deo ' S50 , or PAL system /; , 1 Slides-a dwice of 6 S60 S75 each additional slide S2 Please make dtecks payable to First Nigh International. All prices are in U.S. dollars and dtedks should be drawn on a U.S. bank. -7- BENEFITS TO MEMBERS • A shared vision and purpose • Information and advice from the Alliance's headquarters • Access to other First Night organizations • Annual educational conference and reduced attendance rates • Name recognition • National and international press • Resource materials • Technical assistance • Artist referral • Participation in regional grants and sponsorships • Quality standards • Discounts on selected goods and services • Networking opportunities • Problem solving • Newsletter • Listing in the membership diredory • Consultation • Exchange of ideas • Collective good will AFFILIATE MEMBERS Affiliate memberships are available at an annual fee of $250 to those wtto are not official First Nigh organizations but would like to receive selected benefits, e.g. reduced coherence rates, newsletters, access to and listing in the membership directory. SUPPORT First Night Intemalional derives its support from the rnnrnunities it serves in the form of fees and dues, from its annual educational conference aril from grants, contributions, and corporate sponsorships. All contributions to the organaation are tax deductible. THANKS - --' - _- _-_- , First Night International especially advrowledges the support ~: The Boston Park Plaza Hotel Limited Partnership for donation d atFice space; Choate, Hall 8 Stewart for legal camsel. INQUIRIES - - - - - Firsl Night IMemelional, The Statler Building ~ - ~- -- 20 Park Plaza, Suka 938, Boston, MA 02116 Phone (617) 542E 111 Fax (617) 5421161 -5- THE INTERNATIONAL ALLL4NCE OF FIRST NIGHT CELEBRATIONS IS An educational end dtaritable organization that promdes and fosters the First Night corrcePt d a cormsinity celebration d New Years Eve through the arts. The organization's objectives are: • Building a sense d oormanity through a shared arlturel experience Broadening and deepening the public's appredation d the visual and performing arts • Making the arts accessible and affordable to all • Suppartirg the careers d professional artists 1Maph audience developrtrent Promoting an appreaalion d cultural diversity • Providing an akofwl~ree aRemaGve to traditional New Years Eve revelry Revifalmrg urban centers and re-discovering cities through the anagwtetive use d the buiH emrirarxrrerN and using the dh' as a stage The First Nigh Alliance attains Utese objectives fhraigh helpirg irNerested carrrmxlities develop the First Nigh coraept. The organization assists conarxarities by aflering tednical assistarxe and resource materials and by encaraging non-traditional partnerships and cdlabarations Wthin ~ First Night munidpalily. Examples d such collaborations inchrde those among alcohol-prevention agendas. arts carxals, t#terrrbers d otxrmeroe, city govenrrrents, dK.ches, oannwity groups. arldral organ'vations, downtown business alliances. canvenfion and visitor bureaus. and sctwds. These unique partrrerships result in an urx~rmran public celebration d the now year. leading to a legacy d strerg~ed mrrxrrrrrel ties. _.~ - - ~ -= _-- r G -3- P 2 q. w r r ~ , F Y r r" a' 2: T -~ NIGHT ::: crlr6rali ons " . '._~.<. ~F :a ., r•• - „~. yG . ; f ,i. 7 ,t .. ~/ tt st~ +''+•i 3 ' {':', _ t r j~ f- " ' . ,. t U N A FIRST NIGHT IS A community celebration of the New Year through the arts. It is a major visual and performing arts festival created by and for the community to welcome the New Year. It is a public celebration that revives the ancient tradition of marking the passage of time with art, ritual and festivity in a present day context. HISTORY First Night came into existence in Boston in 197610 bring the neighboring communities of the city together in a joint celebration, while providing the public with an alternative way of ushering in the New Year. The commitment of a group of private citizens to these goals marked the beginning of a new tradition: The First Night Celebration. Since 1980, this concept has inspired many communities from Tampa to Honolulu, to start their own First Night Celebrations. MISSION First Night's mission is to broaden and deepen the public's appreciatim of the visual and performing arts through an innovative, diverse and high quality New Years Eve program which offers the community a shared cultural experience that is accessible and affordable to all. ATTENDANCE The First Night Celebrations draw singles, couples, and families of all ages and ethnicities from the local communities as well as visitors. Small communities under 25,000 along with major urban centers with populations over 1,000,000 have implemented the First Night concept successfully, atlrading large audiences. LOCATION __ The celebrations typically take place in both indoor and outdoor locations in the center of the municipality. Indoor sites such as churches, public buildings, theaters, concert halls, wkural centers and auditoriums, along with the dtys streets, storefront windows, sidewalks and civic plazas become venues for all varieties of the visual, performing and literary arts. TYie cultural animation of the city sets the stage for innovation and public interadion. nl.se v wqW r RFCTI NOV 1 61994 CITY OF ~lartle 8)t~u4 - ~lauda .w srm+o~E ~ ATLAMIC ~. PIAa~.112U~5/45 'lLI,FPtlOl1t aMl ifl~-0M PAX OM12fldr5 November I5, 1994 To: Kir Leinbaeh, City Manager From: Carl Walker, Cultural Arts Board Staff Coordinat Re: COIMISSION WURKSH()P pBE1mA l1F MWE!®ER 21 Kim, Commissioner Waters has asked that I place a discussion item on the Cormission Workshop agenda for Monday, November 23. Attached is some information on a corrunity New Year's Eve arts celebration called "First Night" which is being con- sidered 6y the Cultural Arts Advisory Board as an undertaking for New Vears 1995-19gG. It is Cormissioner Waters thinking (arW ry own) that prior to the Board working on prelirinary plans for the event, it would De wise to have the Comrission discuss its feasibility, especially sinre an ewpenditure is aM icipated. I would appreciate your placing it on the workshop agenda and providing copies of the attached for the Mayor and Cow;s=---:.-. -~- sinners. Thank you. cPy: Commissioner J. Dezrond Waters, III ~~~_ l- _~ ~_ ~~~ ~ " TOTAL COST POB WATFS - SER'YR - STORM WAT&6 COST P'OY A.B. Arm wwT~ _ s¢wr~t euc. S14,396,567 auccwivecQ w~TETC rrn. Ewse reo•arrc 1. W.ter i)ineih.6.. SMem for M.r.ort $~ cot, - swoo0o 4/95 5/95 6ry5 7ry5 6ry5 9ry5 10/95 11ry5 llry5 Iry6 Iry6 3ry6 Iry6 Sry6 6ry6 7ry6 6ry6 9ry6 10/96 T.V. ~6i6- i Y I Penh : Y Y I Cwt' Y i Y other zw BstYu4d caa _ IsooAOo drys Sry$ 6/95 7ry5 6ry5 9ry5 lOryS llry5 12ry5 lry6 2ry6 3ry6 4ry6 Sry6 6ry6 7ry6 6ry6 9/96 lOry6 T.V. Y Desiga : : : P°m~ : : Bid CO¢5L I Olhfl 3• w ' td Cost - 51215,000 Iry5 Sry5 6ry5 9ry5 6ry5 9ry5 10/95 11/95 12/95 lry6 Iry6 3ry6 ~/% Sry6 6ry6 7ry6 6ry6 9ry6 IOry6 T.V. ~ : Y : : : Perms : Y : ~ : a COQ. I i Y Y i Y Y Other 4. Esti.ted CM - p00 Iry5 Sry5 drys 7ry5 6ry5 9ry5 IOryS 11ry5 12ry5 lry6 Iry6 3ry6 try6 5ry6 tiryf 7ry6 6/96 fry6 IOryf 7. V. : Y • Y ~~ i ~ Y Y Cwt. I 1 I 2 I I Other s. wetweB Add Oo - 5100,000 T.W CaA for Btteetsaerwater !Sewer - S3A35.IN _•Ks ~ ~ - A.d Projeelr Il' ~cn:•u weer ra... ~.+r~w c°" ;~u'°°° uk r~+ on k .tea d.9ed:e a. laed ,.~w.ua~m T.V. •A3 5/95 6/~5 7/95 ~I95 9/95 10195 11N5 ISf15 1/96 IJ96 3/96 1/96 5/96 6/96 7ry6 d/96 9/9b IOJ96 : s : ~ _ : s C~• a : fH4r : s : : ~ss 61w.. ~Mei Cal - S2S1~M0 aradad wer Itte ~ fhe dean, ~~ I995. aeyl ror 4o0ed ~~ r~ wi k rgYce ar 13. Add w an tar A.B. Orwer Plru - 5600AN 0~7 k red~aM r.d a +ddhYe. W bid.) Cam brain 7195 - CoaifeJe 67 lOpb 7aW Cart far AOrrtte Braei water, Sea4r ! Slur, wa/a~ goJrA - SU.l61.507 ;,. . _ .:... a _ _;;.::. _. ~ . P.6e 2 - A.& PmJeds 6. °' C ~ ~- 'IyLt~. Liw - Bnrlt Ave Pt4s~j Fst®ated Cast - 579/.107 4ry5 5ry5 6ryi 7ry5 ery5 9ry5 IOryS 11ry5 12ry5 lry6 71% 3ry61ry6 5ry6 6ry6 7ry6 bry6 9ry6 lOry6 T.V'. peyj64 s : z Pernil : : Bid : s COQ 1 I 1 I S alter 7. Fwt®atea cm - 100A00 4ry5 Sry5 6ry5 7ry5 Ory5 9ry5 10ry5 IlryS 12ry5 u% 7ry61196 /196 srys 6ry6 7196 1196 9196 10196 T.V. pesc;a : : s pay : s I i Coact- aLer b. W.ter TeIIak ~ I o0o b A.B. Fsta.u Cost - 51250A00 4ry5 5ry5 6ry5 7ry5 bry5 9ry5 10/95 11ry5 17ry5 ]ry6 7/96 3196 1/96 Sry6 6ry6 7ry6 L196 9/96 10196 7.V. pesisu : s : p~q : z gd : : Cotes : z z gYer 9. ~ _ ___ _~ N...It. 4....1 P.`a .ad AWalle Bod y®LL pstr.tel Coo - 5500A00 al9s srys 6rys 7ry5 ttry5 9rys 10195 l srys lugs 1196 7ry6 3/961ry6 sn6 6196 7196 N161196 1W96 T.V. Dezga : : s pay s s Bid : : _ CoM. : s : Other 10. Fsti®.ted Cost - 200A00 Iry5 5ry5 6195 7ry5 H15 9rys 10195 11ry5 1u95 lry6 7ry6 3196 1/96 5/96 6ryc 7ry6 aP6 1196 10196 T.V. Desf<4 s z s per„ s s 1 I CORi. 1 I OILer erurrnc eE:,lca wwrPrc sswPS ~ sroa6t wwrse rrzorerr l.w w tea caw - Aoo taw Iry5 Sry5 6ry5 9ry5 drys 9ry5 lOryS 11ry5 ury5 1/96 2ry6 3p6 4ry6 Sry6 6ry6 7ry6 iryb 9ry6 lOry6 7.V. I Deana : : : : Pumk I I 11W i : Co W. I : : Other aw Pati~a4 Cant - 1A06A44 Iry5 Sry5 6p5 7ry5 8/95 9ry5 lOryS I1ry5 12ry5 lry6 21% 3p6 Iryb Sry6 61% 7ry6 bryf 9ry6 10/96 r.v. : Detip : I li : Perdt s a ~ : : Cott0. a I I I gher 3. WNer_ Sewer i Slaw Water ~_ .Y~tjq ^ ~ 6 G 8stltuud Caw - St.179.000 - 4/95 5/95 6ry5 9195 8ry5 9ry5 lOryS IlryS iSryS 1p6 Iry6 3/96 4/96 5196 6ry6 7ry6 8196 fp6 10/96 T.V. I Deti~ I : I : Peril : : lTtl : : Caww. a : I OUer 4.w P~.bd - 1 ,000 4ry5 Spy 6ry5 7ry5 0/95 9ry5 lOpS 11p5 ISryS Iry6 Zry6 Jp6 4/96 Sp6 6p6 '7196 Op6 9p6 1019f 7. V. I I Delp I I i I PeltW I I )ld i 1[ Cam I i I I I OIhCr S Fitleated Can - 1A12p80 4ry5 Sry5 6ry5 7ry5 8p5 9ry5 IOryS 11ry5 IIpS I/f6 ip61p6 4pf Sp6 6p6 7pf Op6 fJ9f lOryf 7.V. : : Dtllp : : I : Perak I : ~ I i Coari : I : : I Other ATLANTIC BEACH /BUCCANEER UTII.TPY PROJECTS TD+IE LINE AND ESTIMATED COST -. -1_. .v._ .._~_... -YJlic:a:awalar~xg m3-rf5-.iol(d" CITY OF ATLANTIC BEACH PLANNING WORKSHOP NOVEMBER 21, 1994 AGENDA 1. Discussion relative to hiring Financial Advisor 2. Discussion relative to Capital Improvement Projects 3. Discussion relative to ordinances requested by Code Enforcement Chairman requiring inspections, and setting conditions for issuance of certificates of occupation for rental property 4. Discussion relative to "First Night" celebration proposed by the Arts and Entertainment Board for New Year 1995196 5. Discussion relative to feasibility of installing light poles in Donner and Jordan Parks (Comm. Maters) 6. Discussion relative to feasibility of Winning a shuttle bus from the Jordan and Donner Park areas to Jack Russell Park for the Christmas Tree Lighting (Comm. Waters) 7. Discussion relative to amendment to contracts for use of city facilities (Comm. Waters) - - 8. Any other business 9. 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Petersburg Tampa Bay Georgia Athens Albmw Macon Hawaii Honolulu Kona Maui Idaho Boise UNITED STATES R-inos Aurora Bloomington/Normal F_~vrmrton Northbrook Pontiac Rockford Spri~eld Indiana Evmrrville Kentucky Bowling Green Owensboro Maryland Anturpolts Talbot County (Fanonl MassarhnseLh Beverly Boston Brockton Cape Cod (Fatnwvtlt. Nyrsnis. Ortema, ProvincerownJ Chatham Lowell Martha's Vineyard New Berlfwd Newburyp(M Northampton Pittsfield Quincy Worcester Muhigan Birmingham Wayne Missouri Columbia Sr. Louis Springfield Montana Missoula New Hampskire Concord Keene Portsmouth New Jersey Flemington Maplewood/ South Orange Montclair Monis County (Morristown) Ocean Ciry Red Bank Summit Temseck Toms River West Ezses (Ca/dwel/J Woodbridge New Mexico Las Cruces New Yont Albarry Buffalo Dunkirk Freeport New Yak City (MorthattotJ White Plains North Carolina Ashevil4 Ch®/otte Pledmonl tGrrrmboro, Nigh Point, Wirutan- SalrmJ Raleigh Ohio Drayton North Ridgeville Toledo Pennrylvania Bethlehem File Johnstown New Castle State CoAege York Rhode Island Providence Sourlr Carolina Aiken Columbia GreerrviBe Teaaeaee Kingsport UtalY Salt Lake Ciry Vnnwnt Bvdingtrm Rutland St. JohnsMvy {'asutia Alermtdria Chrskxteswlk Harrisonbwg Leesburg Ramtoke Waynesboro w;mmnsbtrg Winchester NardY Dakota Wti011 Creaser Grand Forks Ptera ~' ?arnnw Shlloroom) -9- INFORMATION AND DOCUMENTATION An INFORMATION PACKET is available for those interested in hosting a First Night Celebration in their own community. The packet, vAroth includes a profile article on First Night and sample materials from various cities, speci(cally contains the following information. 1. Firsf Nghf Celebrations' Building Commundy Through the Arts article 2. Mission Statement 3. Membership Directory 4. Organizational Charts 5. Year-round schr:duie 6. Budgets 7. Press Comments 6. New York Times article 9. Wall Sheet,loumal artice 10. List of Awards 11. Newsletter 12. Sample Materials Annual Reports Buttons 'Call to Artists' Programs 13.Application Forth VIDEO 'l; VHS, approximately 7 minutes long. Composite tape of four First Night cities; Boston. Buffalo, Edmonton and Honolulu, accompanied by commentary. SLIDES ~~~ First Night Boston since 1976: children's festival, 'sVeet surprises,' pr community workshops, Public partidpation, 'resolution' sculptures, ice sculptures, mufti-cultural progra~ssla~on~o~~ o ~ ~~Ilations. installations, participatory progr fireworks. To order any of the above. send a check to First Night International, 20 Park Plaza. Suite 938. Boston, MA, 02116. Information Packet video '/, , 1', or PAL system tapes Slides-a dwice of 6 each additional slide S40 550 560 S15 S2 Please make checks Payable to First Night International. All prices are in U.S. dollars and checks should be drawn on a U.S. bank. -7- BENEFITS TO MEMBERS • A shared vision and purpose • Information and advice from the Alliance's headquarters • Access to other First Nigi d organizations • Annual educational conference and reduced attendance rates • Name recognition • National and international press • Resource materials • Technical assistance • Artist referral • Participation in regional grants and sponsorships • Quality standards • Discounts on selected goods and services • Networking opportunities • Problem solving • Newsletter • Listing in the membership directory • Consultation • Exchange of ideas • Collective good will A~liate memberships are ava abletatTan annual fee of 8250 to those who are not offictal First Nighl organizations but would like to receive selected benefits, e.g. reduced conference rates, newsletters, access to and listing in fhe membership directory. First Night International derives its su PPORT form of fees and dues, from its annual educations co (ereun~ and from 9rants,e contributions, and corporate sponsorships. All contributions to the organization are tax deductible. First Night International es THANKS The Boston Park Plaza Hotpel~Lf m ted Partners sh p for sdq~t ct ~ce ice; Choate, Hall 8 Stewart for legal counsel INpUiRIES First Night International, The Statler Building 20 Park Plaza, Suite 938, 13osfon, MA 02116 Phone (617) 542111 Fax (617) 542161 -5- THE INTERNATIONAL ALLUINCE OF FIRST NIGHT CELEBRATIONS IS An educational and charitable organization that promotes and fosters the First Night concept of a community celebration of New Year's Eve through the arts. The organization's objectives are: • Building a sense of oommuntty through a shared altural experience • Broadening and deepening the public's appreciation of the v;sual and performing arts • Making the arts accessible and affordable to all • Supporting the careers Of professional artists through audience devebpment • Promoting an appreciation of cultural diversity • Providing an alcohol-free attemative to traditional New Years Eve revelry • Revitalizing urban centers and re-discevering cities through the imaginative use of fhe built envirorxnent and using the city as a stage The First Nigh Alliance attains these objectives through helping interested communities develop the First Nigh concept. The organization assists communities by offering technical assistance and rssource materials and by encouraging non-Uaddional partnerships and collaborations within each Firs) Nigh municipality. Examples of such collaborations indude those among alcofwl-prevention agencies. aAs caxrcils. diambers of oonMnerCe, city govemmeMS, churches, oonKnunily groups, wttural or9anirations, downtown business alliances, convention and visttor bureaus, and sctaols. These unique partnerships result in an unoorrxnon public celebration of the new year, leading to a legacy of strengthened cernrrnxral ties. -3- ~t~NA ~ P - ~ 9 W r ' "' w r r., 2 a ~ ' ~ ~ FIRST NIGHT IS 7 a ~~' A community celebration of the New Vear through the arts. It is ' a major visual and performing arts festival created by and for F T ~ T j( fhe community to welwme the New Year. It is a public c l b i e e rat on that revives the ancient tradition of marking the NIGHT ® passage cf time with art, ritual and festivity in a present day context. crle6rarions HISTORY `~~% % ' ~ First Night came into existence in Boston in 1976 to bring the ~ : neighboring communities of the city together in a joint celebration, while providing the public with an alternative way of ushering in the New Year. The commitment of a group of ~~; private citizens to these goals marked the beginning of a new : ' tradition: The First Night Celebration. Since 1980, this concept = ,c `s has inspired many communities from Tampa to Honolulu, to ;,~ start their own First Night Celebrations. ~`. `~ `~ -..r;t MISSION _ First Night's mission is to broaden and deepen the public's appreciation of the visual and performing arts through an innovative, diverse and high quality New Year's Eve program ~ %~ which offers the community a shared cultural experience that is ~- ~ ' accessible and affordable to all. ; sa ,•} ATTENDANCE The First Night Celebrations draw singles, couples, and families of all ages and ethnicities from the local communities as well as visitors. Small communities under 25,000 along with major ' urban centers with populations over 1,000,000 have , ,_ ,~ _ z. . ~- implemented the First Night concept successfully, attracting . ,,: ~ ~ large audiences. :.' „? =a LOCATION The celebrations typically take place in both indoor and outdoor f "~ " ~ locations in the center of the municipality. Indoor sites such as ' _ 'j`` ~= 't churches, public buildings, theaters, concert halls, wltural centers and auditoriums, along with the city's streets storefront , windows, sidewalks and civic plazas become venues for all _ '' - varieties of the visual, performing and literary arts. The cultural ~ ; -" `' animation of the city sets the stage for innovation and public interagion eu~ ~ yy f61 ' .: ~ » Si1b11r . ~.. Plx (61n 5126161 '•,:~H :.~: '. }~ iJhirNOa7r•wP AFC'0 NOV 1 6 X994 CITY OF J'illaatia: ~tauF - ~lesida s00 5EN150LE R(MD ~TLA\TI( BFACH, ilARmt J33J}Silt TFlEflH)\E 19M1 21F58B0 iA% 19Yi1 211-SIDS November I5, 1994 To: Kim Lee nbach, City Manager Frorn: Carl Walker, Gu It ural RrtS beard Staff Coord inato Ree COFMISSION WORKSHOP RsE!!DA OF NOVEI®ER 21 Y.irn, Cemro2 ssior,er- Waters has asked that pi ace a d_scussion item on the Comrna ssior: Workshop agenda for Monday, November 21. Rttached is Borne 2nforrnat ion on a comrnurnty New Year's Eve arts relebrat ir,n called "First Night" which is being con- sidered by the Cultural Rrts Rdvi spry board as an undertaking fc•r tiew Years 1995-1996. It is Commissioner Waters thinking (and my owN that prJOr to the Roar-d worY.2r~g on prel irninary plans for the event, it would be wise to have the Commission discuss its feasibility, e=_pec Tally since an expenditure is ar:t ice gated. I would apGreci ate your pl ac Jng it on the workshop agentla and pro i2Cing cop2es of tyre attached fur the Mayer and Commis- sioners. Thank you. cpy: Commissi over J. Deunond Waters, III V a~ :. r c o c s ~~ 5 E .c o s u s ~ 't F°, '§ a a w .° r 'c `o .° u ~' L O C a y u O O O~C y L V ~ „ ] q m.. 6> g O n L G p° A =J C C O ~ O; V 0 O E y S .~ C O C O+ O] 4 __ ~aO'a V C] Yi ' q q a C C m~ L E a C V rTawu~oc YN.. ~c ~c c.y~>~c°-°~o~°E~3 EE^s ~c ° ~ y 3 ->. c E `u s .„ °. 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E°~" 5'i 'x 5&5 . 5. 8. r $8o ~;cA ~. a ~+~ -8~8° '28E;gu .~~s~E `-Z~J$ ,ny'=Y a8a°y ~0 ]ey ~' ~E crY o V t;a c]e ;GBPG~a~ y; lY]Ga' ~ 8 Y2~wiy P. nO •~] .. t7 J_I '~. ~ ~_ ~ P° y C a y O V E V • • Y C n°i r~~ V E y ~" B ° E~ ~ c~ s ~] e ._ E; Y C 3 r~ .E L s c '° s S' B_ 3 u .e L v ti~ -' d` C 3e $~ 8'~0 ~c;'Y] L'•i255$sfeE 2 ;8.. ray <y.~' C3 ~~„e~gggSS~ co YP.Y ~U ae S°•E='~-c0_e''~: wy Eo.~~''~°R+ '=mc 2y?658 YIIY' B'SE'~r3'`$' w.~o~'~ms 8S 53 °c '_e QS~] 8 ~+eRS`"dye 3 ap ~ ~ ~.Y e] 8~ Y ,Z u ,FY t E e Y u 3 V ~ e •- eS sa s~-BwYs ma rte. _~~ m r r~•'s c'3 ~' ea ~'0 s` ggr Yc~S-.-. ]i S YE w°- ie~8 2av~~ TAKINGS Private rirrpatr am the Povver of F~wt I)omam I b°j n Richard A Epstein klarvard University rigs 1985 Page 2 -Attachment A 1. AHERN TO 2ND ST./SALTADl S 284,227 (SM-A ~ SM-D) 2. THIRD TO 5TH ST. 773.951 (SM-B) 3. 6TH TO 8TH ST . 547,007 (SM-C) 4. PLAZA TO 1lTH ST . 1,071A23 (SM-E) 5. 11TH. ST. TO CLUB DR 193,980 (SM-F) 6. CLUB DR TO SATURDTA r~000. (SM-c) (1x11,324) TOTAL s3amsn ~sm(f rccommena.tfoo 1...~.. _.:;~:~ a . ATTACHMENiA TO RESOLUTION 9149 FIVE YEAR WATER AND SEWER CAPITAL OUTLAY ESTIMATE' (M Revenue Comes Bom Utility Paymerds) (NO new inpea48 will be proposed to fund Mesa projects) Additional Needed Over New 12,000,000 Approved In FY 94195 Budoet PRIORITY A. WATER CAPTAL OUTLAY Meior Pmiecte: Wafer Trunk 8 Loop f1,250,000 1 . Weser Main Iran. AB 700,000 ~ . Disidb. Sys. Mayport Rd. Bl1C 200,000 2 Water Mains Oak Herb. 500.000 2 . LaM for Water Tower AB 150.000 3 Wafer Tank AB 375.000 3 . City Meters AB 50.000 4 . Meter Replacernerds - AB & BlK 208,000 4 . Beach Ave. Water 337,283 5 . Camsion Redact. W1P1 AB 30.000 6 . Corrlingen~y (10%) 380 029 SuMdal 4.180.322 B . Sewer Plan[ (add on) AB 600.000 1 WeMrell (add on) 100.000 1 . 0.75 MGD 6cparq. Bl1C 1.115.000 1 . Sewer Main Rehab. AB 2,604.500 2 . Sewer Main Rehab. 8110 600.000 2 . Buc. Lift Stafbn 120,000 3 . Park St. IJft Station AB 15,000 4 . Stewart St. Lift Station A8 15,000 4 . Beach Ave. Sewer 456,815 5 . Force Mains al PIaM AB 150.0110 6 . Caaingency (10%) 577.832 SrrbWfal 8363,917 MAJOR WATER 6 SEWER PROJECTS Total 110.534.289 Otl1ac Sludge Management (Reserve CoM.) 11,500,000 Buc. Generator (W WTP) (Operating) ft 70.000 Standby Lift Sta. Gen. BUC (Operating) 140,000 ' Estimate based on Stall and Water and Sewer Commfttee review t, .v. ..... .... [ :.^.i-~+ti-F:!u:t~{~ig;ps~l`'ta'~1$:#a,. 70TAL COST FOY WATFR -SEWN[ - SCOHM WATBQ CObT FOA A.H. AND WA7®t - SEWS HOC. S14,3%,587 .._ ._.._. .. - ._- 4 .... BI ICCANEF.v WATER Aifn ]s'R pAp.q~-~ LW Eitf~aled Cott - ]00000 6/95 5195 6ry5 7195 4195 9ry5 IB/95 11/95 12/95 I/96 2/96 3196 1J96 5196 6J% 7/96 d/96 9/96 IOry6 T.V. ~~ : i : PCn•~ i i I i Cam. i i i 2 ENe,iled Can - 1200A00 6ry5 5/95 6/95 7/95 dA5 9/95 10/95 11/95 12195 1/96 2/96 3/96 6/96 5/96 6/96 7196 d/96 9/96 10196 T.V. i ~e : : i Pemii i : laid CaocL OIJ~ i i z z 3. R~LYIai - I,ZLSpW 6195 5195 6195 7195 drys 9N5 10/95 17y5 12195 1196 2196 3/96 /196 5/96 6196 7196 4196 9/96 10/96 T.V. Ueii0. : i : : : ~ i : i C.~ f I i i i i i i i ~. Fwpirled 1 - ZOA IHS 5195 6195 7p5 4195 9N5 10195 IlyS 12195 1196 2/96 3p6 6196 5196 6/96 7196-dN0 9196 IIJI f ,-.- _'--- .:. T.V. i : i : ~ i Coal i i ~1(Kl i i i i i i s. w~ Add o. - sloo,ow - -- . Tow ca.t ror H~cmoq tv~ r!< Sewei _ S~~Ap ea6e 3 - .LB. Peojeuc 11. iad caa - ,suAO9 K;an at iie Isro)ed ~] ee redami depodee ao 6ed ..aa.soiri X195 595 6y5 7/95 H95 9rys 10/95 llrys L.J95 1/96 2J96 3p6 y96 Sry6 6/96 7ry6 //% 9ry6 10/96 T.V. Deus i : : Pettit : i : )id a I C'am' i i Z i Otter IZZ~~t... ia1~YY CaR - 525tA00 N d k aa.e y city Fatoe muit~ 1995, eioept tar ~ .etas ~ wr k te0ree r aeeld ora tie soot D.e 7~a 13. AJi A oon far A.B. tiewc Pisa - S6eilea 05+9 k asdaad tried w +06/sia. w bN.) CaaWSeioa tteeles 2~f5 - caaPlde y lOp6 Total Cau tar At1eWe Hari 9Yala, Sesa~ ! 6taes• Wakt RoJerb - S31d61Sd7 E.iv= _ ... .... ~, :. ~. Pagc 2 - AB. Pnj«ts 6. Wile A &ewe Ouha~ssne ~ area , unea wre. rntecs Falimited Cast - 5790.107 0/95 SNS 6N5 7N5 ENS 9195 lONS 11195 12/95 IN6 2N6 3/96/196 SN6 6/96 7/96 8/96 9N6 lON6 T.V. Desiaa : : i Pesmil i : g~ : s Comt : : z : i Other 7. id Cssq - S1EOA00 1195 5N5 6/95 7N5 E/95 9N5 18195 lINS 12/95 1/96 2196 3/96 1196 5196 6196 7/96 EN6 9/96 10/96 T.V. Dngr : z : Permit z z Btl : : Cmsl : : Other E. Wife Tnvk & I.ooo m A. Fetimile Cast - 5]?50,000 4N5 SNS 6N5 7195 ENS 9N5 IONS 11N5 12N5 1196 2196 3196 4196 SN6 6N6 7/96 E/96 9196 10196 T.V. Desip : i : Pemit i : Hid i i Carat z i i Older 9. Fstm3lad Cast - 0/95 5N5 6195 7N5 ENS 9N5 IONS 11N5 12N5 1196 2N6 3N611~ 5N6 6N6 7196 EN6 9N6 1M96 T.V. ~fflEi i i i Pemit I 2 Hid i a Copt, i i i i Ollie _ _ ..: _ -- . 10. Wife b1± L~~fioa. M LY Dooe ssd ]sis NdBbarbWs .... FstMated CaA - S200pW 1N5 5/95 6N5 7N5 EN5 9N5 IONS 11/95 12N5 1/96 2/96 3N61N6 5196 fP6 7N6 M6 9/96 10196 T~.Vy.~ -_ Permit z i .. ' Bib z i Capl i i I Oche eTUNrtc aenca wwrPx sBweH ~ sroxM wwTeH PBnlec-r 1.w w Fbtiaaied caa - .9do iaai dN5 SNS 6N5 7N5 ONS 9N5 IONS 11N5 12195 1N6 2N6 3N6 IN6 5/96 6N6 7N6 ON6 9Nr lON6 T.V. a Daigi a i : : Pamd i i HId i i COaSi. i i i (hlkt zw 6e - IAO6A00 INS 5N5 6NS 7N5 ONS 9N5 IONS I1N5 12N5 1N6 2N6 3N61N6 5196 6/%',196 0196 9N6 lON6 T.V. i Daga a : : : Paaut i : ald i i COOSL S i I i a(Kl 3. W.ia. san: >7 sma. w.ia Di,a$aiioe Iia - 61h m au S~. P.u..c<a Caa - s1.179poo 6N5 5N5 6N5 7N5 ONS 9NS lONS 17/95 12195 7N6 2N6 3196 IN6 5196 y96 7196 ON6 9N6 IONb T.V. : Dana i : : : Pamii i : Hid : : Cana : i i Oiha L - 1 ,000 6N5 SAS 6NS 7NS 0195 9/95 IONS lINS 12N5 7196 ~ 3N6 M6 5N6 6N6 7196 496 fJ96 lONf T.V. : i DaiOe : i : : Pall : i Bid i t Cosa i i i : i OWa 5. Coat - lp IN5 ~ 6N5 7N5 0195 9N5 IONS 11N5 17195 IN6 2196 3N6 6Nf SN6 fN6 7196 ON6 9N6 ]0196 7.V. i i ~ i i a i _ ._ _ _ . Paadd i a -' Bid : t CDOK i I i i i DYher ATLANTIC BEACH / BUCCANEEB UTILIiy PROJECTS TIME LINE AND ESTIMATED COST ~_ ...3.... ~_. Capital Improvement Plan Detailedi~a ~ each project Lax Alcohol Ordinance Parks 5 yr plan Beautification 5 yr plan Financing City Hall Capital Improvement Parks - City yard Richardson Property ~ Code Enforcement Rental Ordinances CT w0) Rehearing on Zoning request (finalize) ~~ F~E~s .~ Garbage Privatization Appointments ,- Z o./~u 7 l2c d I t u~ D1t CRDIEal1CE OP THE CITY OP DTLDETIC BEDCH~ lLORIDA~ DIISEDIRQ THE CODE OP ORDIEDBCEE B! aDDIH6 B EHE B8CTIOE REQOIRIEa A CBRTIYICiTE OIS~THDT 60CH CERTIYIC,ATE PROPERTY TO D HBE TBEDHT~ A8Q EHDLL BOT BB IBSOHD gRLEEE TER RIRTDL TROPBRTY I! I1t COID'LIDECE 1RTH DLL CITY CODER DEL DBY LIEEB DOE THB CITY DRE IIDID~ DED PROVIDIEG AE EFYECTIVH DDTE. HB IT ORDantED by the City Coamission of the City of Atlantic Beach, PlOrlda: BECTIOE 1. Tha COdt oa~~ inanotaddingf than~t~tion totbe Brach, Plorida, is hereby nuabarad StC. 24-57, which section shall read as lollovs: •Eae. 24-07 Cartlticata et oeoopaae! for taaaats of raatal preparty. A certificate of occupancy =ust be obtained for the rental of either residential or coaercial property by a new tenant. Such ctrtificat: shall not ba asuad unlasa the rental property 1a in oos~lianoa with all oity sodas axd any liens due the city on said property era paid in full. • Eeetiee ~. Th1s ordinance shall take attest itimadiately Won its final passage and adoption. PDE88D by the city Coaaission on first reading Chia day of , 1994. PD88ED by the City Coaimiealon on second and final reading this day of r 1994. ATTEST: EA EIE6 L city clerk I(ayor, Prtsiding officer Approved as to fora and correctness: ALAN C. J&NSHN, ESQOIRE city Attorney oR!~ZM7~~T^8 HO 94 Ar OaDI911NCE Ol THE CIT! OF ASLArSIC DEaCH~ FLO;IpA, AI[AfDlrg sac. zs-la Ot T8a CODs oB aaasaacae e: ADDI1~ a rar agesacrxor ro pAOSZSI: rat sraa~t of rraraa saavzce iroa aarTaz reop>~sfas oluass sea sarraL paopseTlr Ie zr cwa~nrarrca w1TS Ara esrx comas alw arY mars >ma ssa clrz Asa rAID, ~ raovznrns Ar aFaaorsva oars. 8a IT CaIDiISED by the City Coesiwion of the City of Atlantic Beach, Floridat ~~ 1 Bee. 2z-i4 of the Code of ordinances of of Atlantic Beach, Florida is the City subsection (b), which subsection shal~raaG~asf o~ows i~ a new •saa. 22-14 Application ter water service. water (withoutstf.rl t takin4 pplioati~~~ to Y°a aity city for service at least lorty-eight (48) bows before the service is desired and paying all charges Sncidant to the application. The applications shall be wade on !ores furnished by the city and shall constitute an a by the consular with the city to sbide by the r~ul~of to: tY ~ regard to its servics of water. Applications tions and corpo~~i~~ahal ~~ tatWerad ~~ associa- duly authorised agents, and the oftlcial titl~ot the agent shall be shown an the application. ~14II.2. This Ordihancg shall take atfact 1, oPOn its final passage and adoption. iaediatel day opABaaD by the City Coesiseion On first reading this , 1994. pA~aD by the city Coaission on second end tins! ran Y °f r 1994. ,-ding thin ATTEST: NANKEEN ICING City Clerk LYIgN T• P11ETCa8R Ileyor, presiding Ofticer Approved ae to torm and correctness: ALaN C. JENSEN, 1:84IIIRE City Attorney CITY OF ATLANTIC BEACH PLANNING WORKSHOP NOVEI+IBER 21, 1994 AGENDA 1. Discussion relative to hiring Financial Advisor 2. Discussion relative to Capital Improvement Projects 3. Discussion relative to ordinances requested by Code Enforcement Chairman requiring inspections, and setting conditions for issuance of certificates of occupation for rental property 4. Discussion relative to "First Night" celebration proposed by the Arts and Entertainment Board for New Year 1995/96 5. Discussion relative to feaslbility of installing light poles in Donner and Jordan Parks (Comm. Waters) 6. Discussion relative t0 feasibility of running a shuttle bus from the Jordan and Donner Park areas to Jack Russell Park for th6 Christmas Tree Lighting (Co®. Maters) 7. Discussion relative to emendmant to contracts for use of city facilities (Comm. Waters) ~ ~ ._, - -- 8. Any other business 9. Schedule next workshop meeting Adjournment _ _ -_; - ~iix ur ATLANCU new~n IF YOU NISH TO ADDRESS THE CITY COt4[ISSION ON ANY NATTER, PLEASE COMPLETE AND GIVE THIS FORM TO THE CITY CLERR PRIOR TO THE MEETING DATE OF COM!(ISSION lfl/;EYING _ //-~y-~y AGENDApIT~EM NUMBER (/ ~ OR SUBJECT TO BE DISCUSSED V ~I(a'~l•G Oda /~` TELEPHONE ~"l ~'~.Z ~~ Gl'fY UY A'CLAN'1'1G BGAGtl IP YOU NISN TO ADDRESS 7!~ CZTY COMMISSION ON ANY MATTER, PLEASE COI4LETE AND GIVE THIS FORM TO TFIE CITY CLERE PRIOR TO THE MEETING DATE OF COMMISSION MEjETZNG ~L -~ y~ (~ AGENDA ITEM NUMBER ba OR SUBJECT TO BE DISCUSSED `'~~sis max Ly) ~fl~ ~ ~ ~ P r n TELEPHONE ~~ / ~ ~~~/ V CITY OF ATLANTIC BEACH IF YOU NISH TO ADDRESS THE CITY COMMISSION ON ANY NATTER, PLEASE DATE OF COMHI SSION HEFTING AGENDA ITEM NUMBER (7 J~y~ OR SUBJECT TO BE DISCUSSED MANE (Please prin[ clcatly) ADDRE}ISS //?~L ~~lr~{~ j1,0~ ~/~/~ /~~~r-/ ~~ ~-~ ~ ~"~ ~~ ~- TELEPHONE ~ / 7 ~ ~pC ~ 1-. Y 4. Speed oondtione. Renter 6hdl provide City a certificate of ~stxartce spedfyiny the exact ooverege end nematg the City ee ed6~onal insured. Ranier sheA be responsible for Renter's Arnishirgs end mentening Rw premises in a neat end coon aondi4on. No doxttiorte ere m be made to he ptb6c fadiry wMhout the expressed written consent of the City Manager and erry Doers ere m be home aWNy by the Renter. S. This easement sets fork he en6e agreement end untlersffind'ng between the parties ertd fFtare are no othx agreements or undersmndings except es set rorth herein. IN WITNESS WHEREOF, the periea have hereto set heir bends end of6dd eerie et Atlentlc Beach, Duvd County, Florida, an the date set fork above. CITY OF ABEACH ~ yer Approved ea b form end legal sufkaency l .r . , en q., ~ry Atbrnsy ~ ~~ me ~ RENTAL COfiTMfTRACT FO PUBLAIC FACILITIES between the CITY OF A~ NTICnBEACH F ORIDA, ~~otuDecember, 1993, by entl (hereinafter referred to as'City', and Beaches Habitat of Atlan~tlc B~e~t eFlorida (herein referretl b es'Renter'). Community CenterBOASce no 581otla period off twelve (1M2) mar~s~and rtIS 7aeereTw<e~e ApREED es follows: Adele pr qty agrees tb rent IIz Renter the Atlantic Beach public 1Hplity (mown as the 1994. ~ Community Center, office no. 5, from October t, 1993 to September 30, to the Ci safes ofn exadrmge for the use of the above tleswibed public AsciGry shetl PeY ry N! No tea wBl be dterged if lie public CaciHry is ro be used for a non-profit user unless This agreement is for a long contract and, in that event, any fee shall t>e negotletetl with the Ciry Manager of Atlantic Beach. 3. Renter shell compry and agrees to be bound by the fdlowing terms end conditions: a. Payment to the City of a $50.00 refundable sewriry-leaning deposit, which Shall be paid prior b use of the public fedliry. b. There shell be no use of alcoholic beverages of any Idntl on cgry property, indutling public fedliCes. c. No tees or admission costs shall be charged to the public unless approved in writing by the Ciry Manager of Atlantic Beach. admission costs b the public as ~Ilowed~i~r approves the charging of tees w furnish the qty with a aurent finandal statems entt ~r~ c. fie, ~ Renter shell prior M It6 use of fte public tediry. e. Insure compliance with all dry, state and federal lases. f. Provide insurance as spedfied and required by the qty Manager 01 Atlantic Beach. g_ Comply with all spedal conditions as set forth bebw. damages, causes of action antlh7ee I ke, induct ni glans costs wYepO~r 0Ys }flea incurred by the city. i. Allow no tlisaiminedon based on race, sex, age, religion, national origin, disability or otherwise. h. Indemnify and hold the City harmless from any and all cla ima, damages, causes of actlo n, and the like, including any coats or attorney's fees ineurred by the City. i. Allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. 4. Special conditions. Aenter shall provide City a certificate of ineu ranee apecif yang the asset coverage and naming [6e City ae additional insured. Renter shall be responsible for Renter's furnishings end maintaining the premises in a neat and clean condition. po alterations are to be made to the public facility without the expressed wrltten consent of Che City Manager and any costa are to be borne solely by the Rester. 5. This agreement seta forth the entire agreement and understanding between the parties and there are no other agreements oz uaders[andinge except as set forth herein. IN WITNESS WHEREOp, the parties have hereto set their hands and official seals at Atlantic Beach, Duval County, plorida, on the date set forth above. CITY Op ATLANTIC BEACH By Rim D. Leinbae6, Pity Manager Approved as to form and legal sufficiency Alan C. 3ensen, Eeq., City Attorney R ter -. ,. ._ i~[:~isac*.aaa~~:si~ra ,+r ~:a&6i:S3rra~c~. tt.. CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into this day of 199 6y and between the CIiY OF ATLANTIC BEACN, PLORIOA, a municipal corporation (hereinaF[er referred to ae "City"), and Habitat for Humanity of the Jacksonville Beaches, Inc. of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Beach public facility known as the Adele Grage Community Center, office no. S 6 7, for a period of twelve (12) months, and SC Ss therefore AGREED as follows: 1• City agrees [o rent to Renter the Atlantic Beach public facility known ae the Adele Grage Community Center, office no. 5 A 7, from October 1, 1994 to September 30, 1995. 2• Renter, in exchange for the use of [he above described public facility shall pay [o [he City a fee of N/A. No fee will be charged if the public facility is to be used for a non-profit use, unless this agreement is for a long contract and, in that event, any fee shell be negotiated with the City Manager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following terms and conditions: a• Payment [o the City of a 550.00 refundable security-cleaning deposit, which shall be paid prior to use of the public fatality. b. There shall be no use of alcoholic beverages of any kind on City property, including public facilities. c. No fees or admission costs shoal be charged to the public unless approved in writing by the City Maoager of Atlantic Beach. d. In [he event the Ci[y Manager approves the charging of fees or admission costa to the public, ae allowed in subparagraph c. above, then Renter shall furnish [he City with a current financial statement prior to ate use of the public facility. e. Insure compliance with all city, state and federal laws. f. Provide insurance ae specified and required by the C1Cy Manager of Atlantic Beach. R• Comply with all special conditions as set forth below. ~~, . -•. _„ . . a. Spedd oondilons: Renbr shd provide city a ceripcete or insurance spedrying e,e exact ooverege end naming itre City as eddiionel insured. Ranbr stud De responsibb for eA uOiCes, 1Ellephone service, furrpshings end meinbirrng the premises in a neat end dean condiDon. S. This e~eement sets forfi 7~e entire agreement snd understarxJing betvreen the panes etW ftere ere no other agreements or undersmntlings except es set Mrth tbren. IN WITNESS WHEREOF, the parties have hereb set their hands end of6dd seals at Alentic Beach, Duvd County, Fbride, on the dab set forth move. CITY OF ATLANTIC BEACH//Q ~~~~aneger Approv d es b roan and legs sufAcienq . ens q., ry tbRley .. !', lip... _ _ r .. r,,.,r,-r CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made end entered iota this 13 tlt day of December, 1993, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a muntapel Corporadon ((hhereinafmr referred to as'City~ and YMCA of Florida's First Coast of Jacksonville, Florida (hereinafter refered to ac'Renmr~. Rener desires ro use the Atlantic Beach public fadliry known as Jack Russell Park Modular Building for a period of twelve months, and it therefore AQREED as follows: t. Gtiry agrees to rent b Renter the Atlantic Beach public facility known as Jack Park Modular Bustling from October t, 1993 to December 31, 1994. 2. Renter, in exdterige for the use of th above describetl public fadNry shah pay [o the Ciry a tea of N(A. No fee wsl be charged H the public tadliry w b be used for a non-profit use, unless this agreement is for a long contract and, in that avant, any fee shell be negotiated with the ary Manager of AtlenOC Beach. 3. Renter shall compty end agrees to be bound by the flowing corms and conditions: a. Payment ro the Gry of a &50.00 refundable sedxiry-leaning deposit, which shall be paid prior m use of the public faaliry. b. There shall be no use of alcoholic beverages of any kind on Gry property, inducting public facilities. c. No fees or admission costs shell be Charged to a,e public unless approved in writing by the Ciry Manager of Atlantic Beach. d. In the event the Ciry Manager approves the dterging of fees or admission ousts to the public, es allowed m subparagraph c. above, tlten Renter shell famish the Ciry wiCt a wrtent finandal atamment prior to im use of the public makry. e. Insure compliance with ell dry, stem end federal laws. f. Provide insurance as spedfied and required by the Gry Mart~er of AtlanCC Beach. g. Comply with all spedel conditions as set rorth below. h. Indemnify and hold the iary hennless from any end all deirns, tlameges, quses of action, and the like, including arty costs or attorney's fees incurred by the Gry. i. Allow no discrimination based on race, Sex, age, religion, natiorrel origin, disebiliry or otherwise. - h. Indemnify and hold the City harmless from any and all claims, damages, causes of action, and the like, including any coats or attorney's fees incurred by [he City. i. Allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. 4. Special conditions. Renter shall provide Ci[y a cettlf State of insu rents specifyiug the ezact coverage and naming the City as additional insured. Renter shall be responsible for all utilities, Celephone service, furnishings and maintaining the premises In a neat and clean condition. 5. This agreement sets forth the entire agreement and understanding between the patties and there are no other agreements or understandings except as set forth herein. IN WITNESS NNEREDF, the parties have hare[o set their hands aad official seals at Atlantic Beach, Duval Cmunty, Plorida, on the date set forth above. CITY OF ATLANTIC BEACH By Lelnbach, City Manager Approved as [o form and legal sufficiency Alan C. J nse ~ , C1 y Attorney ~ nter CITY OF ATLANTIC BEACR RENTAL CONTRACT FOR PUBLIC PACILIiIEB AGREEMENT made and entered into this day of 199 by and between the CITY OF ATLANTIC eEAC6, FLORIDA, a municipal corporation (hereinafter referred to as "Cit Y.M.C.A. of Florida's First Coast of Jacksonville, yPlorida (herein referred Co as "Renter"). Renter desires to use the Atlantic Beach public facility known as the Jack Russell Park Nodular Building for a period of twelve (12) months, and it is therefore AGREED as follows: 1. City agrees to rent to Renter the Atlantic Beach public facility known as the Jack Russell Park Modular Building, From October 1, 1994 [o September 30, 1995. 2• Renter, in exchange for the use of the above described public facility shall pay to the City a fee of N/A. No fee will be charged if the public facility ie to be used for a non-profit use, unless this agreement 1s for a long contract and, in that event, any fee shall be negotiated with Che City Nenager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following terms and conditions: a. Payment to the City of a 150.00 refundable security-cleaning deposit, rhich shall be paid prior to use of [he public facility. b. There shall be no use of alcoholic beverages of any kind on City property, including public facilities. c. No fees or admission costa shall be charged to the public unless approved in writing by [he City Manager of Atlantic Beach. d. In the event the Cicy Manager approves the charging of fees ar admission coats to the public, ea allowed in subparagraph c. above, then Renter shall furnish the CS[y with a current financial statement prior to its use of the public facility. e. Insure compliance vlth all city, state and federal lays. f. Provide insurance as apecif led and required by the City Manager of Atlantic Beach. g• Comply with all special conditions as set forth below. 13. The above constitutes the entire agreement between the parties and there are no other agreements, either verbal or written, except as expressly set forth herein. This Agreement shall be governed and construed according to the laws of the State of Florida. la. In eny legal proceeding, including litigation, which may result from this Agreement, the prevailing party shall be entitled to recover its costs of such proceeding, including reasonable attorney's Pees. IY 11TTNEHH RHEREOF, the parties have hereunto set their hands and official seals on the date and place first above written. CITY OF ATLANTIC BEACH By ~ R L,e a Ctc APPROVED AS TO FORK AND CORRECTNESS: an C. sen, F.sq. City A rney - ATLANTIC BRACE[ EXPERIl1CNTAL TSRATER, INC. By D far, Pres nt f 8. In the event of the need of ABET to pay fees to instructors at workshops and seminars, the City will disburse the amount required to ABET from the restricted performing arts account for such purpose. 9. The City shall, as soon as sufficient funds have been accumulated in the restricted performing arts account, set aside $500.00 as a contingency or emergency fee to cover any shortfall from ABET operations. lo. In the event there are sufficient funds available or projected as available by the Finance Director of the City, after the allocation of all real anfl projected expenses against the revenues, then the Board of Directors of ABET can, at its discre- tion, make purchases of capital equipment, props and other items of long term benefit to the performing arts effort in the City of Atlantic Beach. 11. The City will provide the facilities at the Adele Grage Community Center in good condition and will make necessary repairs as are needed to same. ABET will make no changes, modifications or replacements to the facility without the express written consent of the City !tanager or his authoritad designee. 12. The -City will provide insurance coverage for the individual evahts and performances conducted in City facilities. However, such coverage does not accrue to ABET or its Board beyond the scope of those activities in city facilities, or the limits of the City's insurance coverage. 3 2. ABET shah engage in its performing arts activities under the direction of the city's Park and Recreation Department, with final authority and direction by the City Manager. 3. The City will Collect dll revenues derived from atten- dance at performing arts activities where chazges to the general public are made. Such revenues shall be placed in a restricted performing arts account. Admission prices, as yell as any charges for activities, will be set by the Hoard of Directors of ABET for any plays and workshops it produces. 4. The city will use monies Prom the restricted performing arts account to pay for all direct expenses related to the produc- tion of plays and workshops, including royalties, printing and supplies. 5. ABET will be allowed twenty (20) complimentary tickets for the cast and ten (lo) complimentary tickets for the media and/or other theater management for each new production. Should ABET desire additional complimentary tickets, they will be paid for by ABET to the City at the prevailing ticket cost to the public. 6. The City will pay ABET a fee Of $420.00 per month for the production, organization and promotion of performing arts activi- ties during the year, subject to availability oP funds in the - restricted performing arts account. ~ - '7. The City will provide a permanent room Por the performing arts activities of ABET in the Adele Grage CoaDUnity Center, as well as storage of props and other necessary materials. 2 A®tE~[~1T A3REHHBBT made and entered into in Atlantic Beach, Duval County, Florida, effective as of October 25, 1993, by and between the CITY OF ATLABTic BHACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter ^City^), ana ATL7IHTIC HHACH SSIIERIID3NTAL THEATER, IHC „ a Florida not-for- profit corporation, cJo Megan Phifer, Registered Agent, 526 Pelican Key, Atlantic Beach, Florida 32233 (hereinafter ^ABET"). ~ I T N E 8 8 8 T H: wBEaELa, ABET desires to address the citizens of Atlantic Beach interests in performing arts by conducting plays, drama classes, and the like, at the Adele Grage community Center located at 716 Ocean Boulevard, Atlantic Beach, Florida; and flH8mEA6, the City desires to make available use of certain of its facilities, including the Adele Grage Community Center, for the activities to be conducted by ABET as described above. H~ TSEREP~tE, for and in consideration of the mutual cove- nants and agreements as set forth heroin, anfl other consideration, the receipt and auffieiency of which is hereby acknowledged by both parties, it is AGAEBD as follows: 1. The initial term of this Agreement shall be Ior one (1) year, beginning October 25, 1993. This Agreement may be renewed for additional one (1) year terms by approval of the City Commission. Any changes to this Agreement must be ude in writing and signed by both parties. .. , t,acilities at the Adele Orage Community center under this Agreement. 6. The Clty will provide insurance coverage Por the individual events and performances conducted in City taeilitias. However, such coverage does not accrue to ASST or its Soarfl beyond the scope of those activities in City facilities, or the limits of the City's insurance coverage. 7. The above constitutes tha entire agreement between the parties and there are no other agreements, verbal or written, except as expressly set forth herein. This Agreement shall be governed and construed according to the laws of the State of Plorida. s• Zn any legal proceeding, including litigation, which may result Eros this Agreement, the prevailing party shall be entitled to recover its costs of such proceeding, including reasonable attorney's fees. rm MITa866 1BaRaOP, the parties Gave hereunto set their hands and official seals on the date and place first above written. cZTY OP ATLANTIC BEACH By R D. TQ nbac C ty Nanagar APPROVED A6 TO PO3U( AND CORRECTNES6s Alan 0. Jensen, Esq. City Attorney 3 .. ~. -d ~ . 2• ABET shall engage in its performing arts activities under the direction of the city~s Park and Recreation Department, with final authority and direction by the City Manager. 3• ABET shall collect all revenues derived from attendance at performing arts activities where charges to the general public are mafle. Such revenues shall be used by ABED to pay for all direct expanses related to the production of plays and workshops, including royalties, printing and supplies. Additionally, ASEf shall pay to the City of Atlantic Beach the sum o! $100.00 per month for the use of the Adele Grage Community Center. ABET shall provide to the City on at least an annual basis a financial report of all revenues collected and expenses paid. ABET shall make avail- able to the City, upon request, all necessary records to substan- tiate the revenues and expenses set forth in any financial reports. <• The city shall provide a peraanent rooa for the Performing arts activities of ABET in the Adele Grage Community Center, as yell as storage of props and other necessary materials. 5• The city shall provide the facilities at the Adele Grage Community Center in good condition and shall maintain and aaxe any necessary repairs as may be Headed to said facility. ABET shall make no changes, modifications or replacements to the facility without the express written consent of the City Manager or his authorized designee. In the event ABET makes any major iaprove- ments to the Adele Graqe Community Center, after approval by the City as prodded herein, and this Agrneaent is terminated by the City or not renewed by the City, than the City shall reimburse ABET for the actual costs of said improvements, less twenty percent (20}~ for each year or portion thereof that ABET has used the 2 5 A~RB, EHEwi~ AOREENENT made and entered into in Atlantic Beach, Duval County, Florida, effective as oP October 2S, 1994, by and between the CITY OF ATLANTIC BEACH, d Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Plorida 32233 (hereinafter •City"), and ATLANTIC SEACB EIPERIHENTAL THE7ITER, INC„ a Florida not-lor- profit corporation, c/o Megan Phifer, Registered Agent, 524 pelican Key, Atlantic Beach, Florida 32233 (hereinafter •ABET"), W I T N B S S B T gi WHEBEAB, ABET desires to address the citizens of Atlantic Beach interests in perforninq arts by conducting plays, drama classes, and the like, at the Adele Graqe Community Center located at 716 Ocean Boulevard, Atlantic Beach, Florida, and WHEBBA6, the City desires to make available use of certain of its facilities, including the Adele Graqe Comunity center, for the activities to be conducted by ABET as described above. NOW TH8ASFORE, for and in consideration of the mutual cove- nants and agreements as set forth herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged by holy parties, it is AGREBD as follows: 1- The initial term of this Agreement shall be for one (1) year, beginning October 25, 1994. This Agreement may be renewed for additional one (1) year terns by approval o! the City Commission. Any changes to this Agreement must be made in writing and signed by both parties. I ._--_. ~w 4. Spedel contlliorts. Flernter shall provide City a csrdticate of iw~xnnce spedfyir~ the elmr;t ~overags et[d rreming tw Cily as eddifanel irtstred. Rertter be responsdtls tof Renbr'8 Nrrwshinpe end mein0anirg fis premius in H Mat and dean oorWiBOn. No el0erations are m bs made b t1e pubic Tedity tvipwut Cw e~roassd written consent of Ute City Marrepsr and arty Coats ere W bs home solely by tfe Renter. Renbr t~wlher agrees b submit to taty schedules for pracice ssedons, schedules br plHy, true end s~ of dtAdren playrig (ndudmg rrome, eaarsas, telephone number) prior to 5. TtMS agreement sets torte the antra agreement end understancirtg between the parries and hero ers no other agreements or understendigs except es set forth herein. IN WITNESS WHEREOF, the parties have hereto set heir hands and oilicial seals et Aaentic BeacFt, Duval County, Florida, On the de! set forth above. CITYOFAT NTICt3EACH ~ •m ~_ Approved es b fotm and legd sufidenty rygfl li. J ., ly A[DfMy nen - -~.~ CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into this 13th day Of.December, 1993, by end between the CfTY OF ATLANTIC BEACH, FLORIDA, a muntdpal corporation (hereinafOSr referred to es'City7 end Atantc Beach Athletic Assoae6on of Atlantic Beech, Flodde (herein referred 1D a8 'Renter'). Renter desires ro use the Atlantic Beach public facility known es the Jack Russell Perk ball demonds for a period of twelve (12) months, end rt Is thererore Al3REED as rotlows: 1. Ciry agrees ro rent b Renter the Atlantic Beach public tacitlry known es the Jedc Russell Park batl r5amonds, from Ocbber 1, 1993 ro Septlember 30, 1994. 2. Renter,'ul exad,~ennc~e for the use of the above described public fadkry ahatl pay ro the dry a fee of N/A..Noiee wtll be charged if the public fadtlry is b be used for e non-profit use, unless this agreement is for a long contract arW, m that event, any fee shell be negotated with the Ary Manager of Atantc Beadt. 3. Renter shall comply entl agrees ro be bound by the following Germs and conditions: e. Payment ro the City of a $60.00 refundable seariry-cleaning deposit, which shell be paid poor to use of the public fedliry. b. There shall be no use of alcoholic beverages of any kind on Qry property, including public lecili6es. c. No fees ar admission costs shall be charged ro the public unless approved in writing by the Ciry Manager of AtlanGC Beach. d. In the event the City Manager approves the charging o} fees or admission costs m the public, es elbvred In subparagraph c. above, then Renter shill famish the Ciry with a current finandal staeement poor ro Its use of the public fedtiry. e. Insure compliance with atl dry, erase arW federal laws. t. Provide insurance as spedfied and required by the City Manager of Atlantc Beach. g. Comply with all spedel conditions es set forth below. h. Indemnity and hold the City harmless hom any end ell claims, damages, causes of actlon, and the like, including any costs or attorneys fees haured by the city. i. Allow no discrimination basetl on race, sex, age, reNgion, national origin, disability or otherwise. h. Indemnify and hold the City harmless from any and all claims, damages, causes of action, and the like, including any costs or attorney's fees Sncurred by the City. 1. Allow no discrimination based on race, sex, age, religion, national origin, disaS ilicy or otherv iae. 4. Special conditions. Renter shall provide City a certificate of insurance spec ?Eying the exact coverage and naming the City as additional insured. Renter shall be responsible for Renter's furnishings and maintaining the premises En a neat and clean condition. No alterations are to be made to the public facility without [he expressed written consent of the CE[y Manager and any costs are to be borne solely by the Renter. Renter further agrees to submit to City schedules for practice sessions, schedules for play, true and Correct rooters of children playing (including name, address, telephone number) prior co each season. 5. This agreement Sete forth the entire agreement and understanding between the parties and there are no other agreements or underatard inga except as se[ forth herein. IN WITNESS WHEREDF, the parties have hereto set their hands and official seals a[ Atlantic Beach, Duval County, Plorida, on [he date se[ forth above. CITY OF ATLANTIC BEACH By Kim D. Leinbach, City ?tanager Approved as to form and legal sufficiency A'la n\C. Jensen, E C --Atl\rney l~ Renter CITY OF ATLANTIC BEACH RENTAL CONTRACT POR POBLIC FACILITIES ACREENENT made and entered into this day of 199 by and between the CITY OF ATLANTIC BEACH, PLORIDA, a municipal corporacion (hereinafter referred to as "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Beach public facility known as the Jack Russell Park bell diamonds for a period of twelve (12) months, and it !s therefore AGREED as follows: 1. City agrees to rent to Renter the Atlantic Beach public facility known as the Jack Russell Park ball diamonds, from October 1, 1994 to September 30, 1995. 2. Renter, in exchange for the use of the above described public facility shall pay to the City a fee of N/A. No fee will be charged if [he public facility ie [o be used for a non-profit use, unless this agreement is for a long contract and, in [hat even[, any fee shall be negotiated with the City Nanager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following terms and conditions: a. Payment to the City of a Y50.00 refundable security-cleaning deposit, which shall be paid prior to use of the public facility. b. There shall be no use of alcoholic beverages of any kind on City prepercy, including public facilities. c. No fees or admission costs shall be charged to the public unless approved in writing by the City Nanager of Atlantic Beath. d. In [he even[ the City Manager approves the charging of fees or admission costa [o the public, as allowed in subparagraph c. above, then Renter shall furnish the City with a current financial statement prior to its use of the public facility. e. Insure compliance vich all city, state and federal lays. f. Provide insurance as apecif ied and required by the City Manager of Atlanclc Beach. g. Comply with all special conditions as ae[ forth below. _.. _.......~=..rt _,.. _, _r..r _ .~ ~i...a F. CITY OF J>~(.aattie ~tae% - ~tbtida 090 SENT\OLE 801D ~.___-. _ . - __ ATLI\TIC BF:Y: N. i1DRm41321}SitS TELEflIO~f 19011 21'ASBOa October 5, 1944 Honorable Mayor and City Commission Members Atlantic Beach, FL 32233 Dear Mayor and City Commission Members: Please find enclosed proposed contracts between the City of Atlantic Beach and the Atlantic Beach Athletic Association, the Y.M.C.A., Habitat for Humanity, and the Atlantic Beach Expezimen[al Theatre. You will note the <ontracte are identical with the excep[Son of the Atlantic Beach Experimental Theatre and all representatives have concurred with the conditions contained therein. In regards [o ABET, [he specific changes involve reimbursing the Ci[y SI00 per month [o off-set utility and related charges, relieving [he City of any responsibility for handling ABET funds, and a proviso to reimburse ABET 20S per year (max. 5 years) for approved improvements [o the Community Center. This last clause is one of fairness to protect the investment made by ABBT in our municipal facility, but does mandate actual costs for the basis of relmbursemen[. I believe [he agreements contained herein are Just and warranted and recommend your approval and authorization for this office to sign [he same on behalf of the City of Atlantic Beach. Thank you for your consideration and please do not hesitate [o contact me if I may be of further service. Sincerely, /L/A'/QJ 1m U. Lelnbac City Manager iCDL.da[ cc: CI[y Attorney v/enc City Clerk v/enc Figuro 2-2 C2~rE,cJtion cf Subbcsra. [.y4lf~~. STORM WATFB MA. TF.R Di.sN RECOMMENDED vnsi O IT'r AY (Racked by Priority) 1. AHERN TO ZND ST.~SALTADl S 264,227 (SM-A & SM-D) 2. THIRD TO 5TH ST. 773,951 (SM-B) 3. 6TH TO 8TH ST. 547,007 (SM-C) 4. PLAZA TO 11TH ST. 1,071A23 (SM-E) 5. 11TH. ST. TO CLUB DR 193,9W (SM-F) 6. CLUB DR TO SATURIBA u00pp. (SM-G) (1.111,324) TOTAL *SaR recommeadatioa S3,120,St6 sw._.r.YL,~3= _r...,~-,._.,aair STORM WATER CAPITAL OUTLAY FIVE YEAR WATER AND SEWER CAPITAL OUTLAY ESTIMATE• (All Revenue Comes from Utility Payrnerrta) (NO new increase will be proposed to fund these projects) Additional Nestled Over New 7:2,000,000 Approved A. WATER CAPITAL OUTLAY -- In ~ ~~ Butlget .PRIORITY Major Projects; Wafer Trunk 8 Loop S7 250 000 Wafer Main Install. AB 1 Distrib. Sys. MaypoR Rtl. BUC ~~ 000 1 Water Mains Oak Hart 200 000 2 . Land ror Water Tower AB 500 OOD 2 Water Tank AB 150.000 3 City Meters AB 375.000 g Meter Replacements - AB 8 BUC ~~~ 4 Beach Ave. Water 208'000 q . Corrosbn Redud. WTPt AB 337,293 5 Contingency (10%) 30.000 g 39o.o2s Subtotal _ 4,180,32.2 B. SEWER CAPITAL OUTLAY Mayor Prt>lec4: Sewer PIaM (adi on) AB Wetweii (adtl on) ~,~ 1 . 0.75 MGD Expand. BUC 100.000 1 Sewer Main Rehab. AB 1,115,000 1 Sewer Main Rehab. Bl1C 2604 SOp 2 Buc. Lift Station 6001700 2 Park St. LRI Station AB 120,000 g Stewart St. LiR Station AB 15,000 4 Beach Ave. Sewer 15.000 4 Force Mains at Plant AB 456'815 5 Contingenq (10%) 150.000 g 577,632 SuDlotel 8,353,947 MAJOR WATER b SEWER PROJECTS Total _ :10,534,289 Other. Sludge Managemem (Reserve Cont.) S1 500 OW Buc. Generator (VJWTP) (Operating) 5710.000 Standby LRI Sta. Gen. BUC (Operating) ya 000 ' Estimate based on SWR and Water and Sewer Committee review WATER .1ND SEWEB CAPITAL OUTLAY ESTAfATE - -. -+r ., .~.~_ hescripticns for the Fositicns ro!~ herein. i would i~ r:ns( ha^_ey -c ansk~er any questions. ' ~......,., ~: c ~incere;y, _t;!;:J.--= ```soh i Cm Meeeaer~ 1 Pue wt7 '.Director' ~T~ pert I viJ, '..'. Dtrector ~ x_- X00: 1, jl str«. ; `7E:75e ,r.Gte, i!l1,=, 'w orter i~ ',worker P :.. 'lJG.'K:r G-i: (IJr::4 ~'~~~itiGf. I~.~ ~SSIG::9r~ S'::ft::'!sOfY :g~GCJf:9l CIII i:ES. Tf.u Ia~iVC~1ra 'N:II ::y eX:w._:ui1 tC __G7rp - .rp It ~dl~^. Q, G .[ CQ~c, G".L 'Gli'.. c'7 ~L'Er c_., .org r s ~cE^rs _ ~p•~...:ne!. hoer. VQ!fiic.ri!]r1CE ,*R~-r; [F SiIO~i ~G I{~:E pg V/ ° v' =SB 7. ~iY:S C? .•.1• :.. ~._ ..r ~ .r. 5 .' 'rn ^:r ~~c,t IcF .::cos ..r._pc 1~ rl_.r, ^ P. ^~ y~ ....p ...sa _ ~a lrtr_ f `xmE i : ; ~ K- ~r'.rm~ ~ t v1 F Er. ' `_ '~ ' ` iJ_ -: a~ by a . N ~~.:,,i;, ~'"r t yr i. r ~K.v'.-rlr° r rlis ~. v a i~7 ,`L°. ~,e cG.,. ± 7_• ?~E mot- _ sce:::r.a rro v. .::L , ~~ f ~ YGU : _ ~ rr:,n .hs ~;:~,;iy servo ~3, icy : y::: even 'rr.':. .,_ trr,cra o(;i~~ :rGp. ,.~isF :9: .,.^. GI ,...~ I:,r3~0 S^.. [g .~:~. ['..'c>r:':' Y]. .~ is ^,Y :"'p Y~; - _ Jr ...::J : ~ ..^.9G :CG L .. C CvTr^U[iliy'. Gr yG ~.'Ci::rNE3Ll6liC9, a:.L^!s, '31iCiG:;S-:..~u `~r'JiB•'..~ I a[71 1•e?II9S^RO your a(J~Dr07al IC reSliLLCtt~!e the deDaf`rf1P-nr W~'h il'-P- aCal in Irllnd CG aRSUre PC~UQI CC-n Slderation IR botn t}le Se 1IT1~JOr'aP.t SefY1Ce Area S. ~aFV •`P~=-IDlnenda!i^_.^- i5 `^. hjrc ~} j-2c.n,.97tinr _]iren;nr ~ceLrnci_.!ea a.rect.y iC ;f.e :may ~~a.^.Q~E.. :::.., ..:~:.. ~1C! .,CL:.. ..~ :.`.Q. y_a 7^:~. ;.^.B g6'ne: al ~.,wSi:.^. tG pta.. ... ..ariCS ,C.jG=1i5 ~iG...:nCil:.^.C: C:GS wni ...... enure their usage iv the rna:cmurn. ;n the ;aitsr regard, : erv~s;cn coordination/cwceratlor. w-,th all city decartrnents, oilier governmenha! eriit!cs(erg. sch:ooi system, county et ai.) and prvaie ccrcern~ as weii (eg. Y'v+CA, !e7gues and cre iike). 1"e crga*:izancnai r^a^. •NOUia iodic i:K~ ~:!IS: Csry l Yan\II6t Re LL, Dirzctor! u. additive, i aT~'~._vf;, T:6r Tina the :. ~__~. -i v _.~u _. u, vi.~1u oostticn to une e!;[it!ed rarics veex~r',rr:ee! Divs'.:;: ~i.iEi. ': %;is uuiivid!a:i 'l:ou':d C9 'efiCf+RSI Gie yr a!: b7CCS aP.d a551Cr:Pa -':N .^.7nf5Gi-V.rCy ... _;ntS'l.:nC9. 1JG! cc i^=...7C2 i...^.'].~QC:~ i:~'..`VJ.': .^.17!':. =.....:IB - r'P_t'.C: ^rr a 'll/e ~ ~, F)LC']fl.. ...7-~pl ~ r"o':r, :;'Cen .. Sae ,-..,-~..7._. r,"yd~ -F 'Yr-. y. .. --. _...~.._r:.`c..h~ csks `~nFar::::_ :!, etc. ...._ _..~.. ~. - _an:z7.._,. .... _ .. ._..,_ -,. o. .~......_,.... ..i,... _.... NsvemcPr2, `~±4 .. ,.:.,, d:,le PJ,cyor U[i~ ~.itV v~IDrrii55iGR :`~erflWra nF,;. np,f,;. ~r,n L ;y C;orr.r.:!ssrn '~fe.-,ie-=: ...:.._.c'rr.... c: ., rec , .. ~a-i ... of c .r r~...v _.._ ~e_. --.._.. ;p~ DeG::;..ner.i.:r......, the Direr. ms's pcs:~.cr. s cwrcr:il ....... ,.~ .. _., ..: cns Yari~, :`.a;n:en~nce 7J.crlcer ;, i; is ar: cco-~.^:~re ;:ms i.; ,......_ :n} c}-,snges. Sw_c:5caiiv, I am recoTme^.di^~ *'.^.e c•r.~:-a ci res~~rs:caiicies xncerning car<s .nd recrea*.;c^. c^?;rres. CurrArnv. ~~rtmer ^e H~'~.a^.:~ ?;c+.;.-~, C~>^.o, ~4e 6'Q kS ,..^. -3 .-.~ij~ `i-r-rfr,r car.. "s C=. o :n..~.liC r~_. r..:.c..i.-__ .. ~4c~n ! ~:h~ ~./~~ ]a. '1^~:~ F;•75:i~r.. ~..._ .. 1Cc'.. r:~o° '..rnn ~. _r.L. J . .._ ..._ _ . . eT:i:cyees sr. one ;;:r:::me. A:~ cr~ar.:za;ion ^i.ari ~: c~u'.d ~eci~• !!:is s~f LL~lUre '~J ~/Ii ~~vVS. f_iry I ~.. wk,, DhecWr 1 rte udl Otc<. DV. (CWD L-! Mtu. ~ ~ M¢o_ fldteo. ~. Counoeior ~~K'urkm is X_ortm f. 7_arkm 1 and Chy Comrn~ssfon Mer:liers A'.i(]:'aIC ~.JE-rSL'fl, CICif1~~~S D~r'v':ynr a-:ri C:;y <;C^;:-:!=s:c!t A/+<,R,K,rs.: Cl:~ CC.rn~/$SG•ctyPS' %,y/S i5 my n,~~o7 ~~.~ n,~y~ ,,,[~/HG PKCj'C IL~ ~61 /J i;E~~/~ n~a,~ v c .G,,, ~ L~:~ci<sr/np . /l /-~ e;x:Crc '. S,,!':,.t.neJirE ..,,..;cif ..,a,,...c.!;l ~...,.......~.......,, one rcac:, ..,,..r:;en::RCe VJ~r;cer ., ,~ is ~., ccp~; mr.e ;.-,e t., .:.a~- _,-:~ cF:ar;~es. JG9C ;1C4I ry, i QID reCGIDm9r.Qi^Q'^P rJ ^J!T L^, Gt r95[r PSi Cl:;r;~c ....RCer.';tr:^. [Q:SS nn7 '4C.'Ja3t'OR QCIPrneS. C.1rreR?iV. 11R7Pr •«:n A':^..^.!;^ . C~nnP ~P 'JrJ S n'J F{4X'rC. YjJ J.._G~}[~ _ L~ ~1~'_...... i.\ .__... __._ i7 _ ._...~~ : ^.S F.x rt:_^ Q!S_~ S'1 CE'^liS9S ~'., .cn em;;'cyECS ,,..i o:,n_ :~~: t time..4:: ~ rvz3;!.::: .....,'r+_;:1.~ cc:ci ;!':is ~.; i1C W rc ~., , ~,,..'.VS. ~C~n~__I Mtce Coee~eW~ :Works fE1ENl EtlIt/EES 1ff/~1flS Ii SiEI IlN feA1E 1 t 7 1 S S / 1 1 11 11 12 12 11 1 At tN II ClIS51FICliltl 2 6.51 Lff f.N 1.11 7.31 1.57 LIf - ).f/ Liz L/t 1.17 Lf! f.% !.N 7 /.lt 1. t3 1.11 1.11 1.11 1.13 t.71 I.f3 t.if l.lS f./3 1.11 II.N 11.7 1 I. St 1.t1 1.11 t.n I.S7 1.71 f.lS 1.32 f.fl !.N 11.11 11.1! ll.N 11.17 s LIf e.a LN 1.6 f.n !.6 f.n N.u n.u u.N u.a u.u u.a u.N f Lu !.u !.u f.u l.fs u.n 11.K n.n u.n u.u a.N ual u.u It.N 7 f.SS 1.11 11.37 11.11 11.75 il.l1 11.11 11.75 lt.ll 1t.6 1t.p 17.11 17.17 ll.lt 1 11.31 11.11 Il.fl 11.21 11.N 11.6 11.71 11.N 17.K 17.15 13.% 11.11 11.11 15.11 9 11.11 11.11 Il.t2 12.11 11.51 11.71 I7.N 17.11 11.11 i/.S! 11.11 IS.It IS.N lf.% 11 17.13 11.71 17. if 13.1! 17.51 17.65 3/.% ll.t IS.tI 15.1 11.11 11.15 17.11 II.K 11 17.!) U.% 11. )t 11.11 ILf2 If.K 15.51 iS.N If.lf 11.15 11.6 11.11 11.51 11.tl 12 11.13 11.15 11.N 15.77 1f.1! 11.11 11.15 11.11 11.17 11.71 It.6 11.12 11.N n.f7 U IS.tf 15.11 If./1 IL S7 11.11 11.51 11.11 11.11 11.70 11.11 fl.31 21.N 11.11 l7.K 11 11.31 11.11 11.71 II.N 11.17 11.11 11.55 11.17 11.11 11.% I1.N 7t.A 11.H t1.N 15 17.11 IL 71 11.75 If.R 1f.N 11.51 11.11 11.11 77.U 17.K 17.1E 11.11 n.11 n.f7 1f 11.11 1l.K t/.n 11.11 71.11 77.17 11.11 17.11 71.11 71.11 n.f5 11.11 71.11 n.N NEW MAN MOPO84L FY 92A73 DOLLAR PERCENT DEPT. EMPLOYEE GRADE ANNUAL BASE ANNUAL WCREASE INCREASE ~ NAME WAGES NOVRLY RATE BASE OVER OVEq WAGES N 82/93 FY 82/83 521 521 PoGn Chid Polic+Coptain 78 74 b2,252 S41riW 54,000 7.748 3 36% 521 Polic4 Li+ut+runt it 41,032 SWri4d 43,500 2,d68 . 8.01% 621 Polie4 Li4ut4nent 17 35,583 18.25 37,880 2.387 8.74% 35,583 77.75' 38,820 1.357 3.82% b21 Polie+Li+ubrunt 17 33,838 17 60 38 400 521 Fm+rp4nry COmm.OII 4 20 570 . 70 30 , 21 2.682 7.67% 521 Fm4rp4nry Comm. Off 4 , 17 024 . 8 80 ,424 1 914 4.40% 521 Emar • Comm.OR e ^n' 4 , 18 875 . 8.304 1,280 7.62% 521 Commun. Sup+rviwr 5 , 22 352 8.75 7 20,280 1,485 7.79% 521 Em+rp4nry COmm.O1f 4 . 14 677 1.25 23,400 1045 0 521 Admin. A~+i~t+nt 7 , 15 852 7.58 1 15,768 1,780 8.1 0% 621 R+eer045p+ei+G+t 4 , 74 677 0.25 7 27,320 1,388 8.88% 531 Animd Convol Offe4r 3 , 1e 65s .68 18,788 1,190 8.18% . eso 77.690 1022 e.7ax TOTAL NON UNION EMPLOYEES y~ TTA~ ADDED POSITIONS 1,270,439 1,281,554 77,115 5.88% D4pury Ciry MBr. • • • N/A Convwt SNpi+d 55,000 N/A N/A PART TIME EMPLOYEES `.. 513 Custom+r Sarvie4 Rep. PT 7 280 7 50 7 -518 •• Cod4 Enf. OfSear PT , 7 500 . ,800 520 7.14% - 617 • • Seer+tary PT , 5 000 12.00 8 10,500 3,000 27 07 542 84sut. Coordin+tor PT , 7 873 .26 11,389 8,389 1 : % Noun up 572 •• Activity Dinetor PT , 0 000 8.35 8,282 388 4.94% 535 PI+nI Op4r+tor pT , 15 880 7.75 7.300 1 ;500 25.00% Noun up . 13.31 75,990 0 0.00% 48,643 81,420 11,777 23.72% v+yRanyu D--BADE HOURLY ANNUALLY 1 to 9 0.30 7 02 to t 9.40 13,520 to 1! 332 4 . 7.58 o to 10.15 10 85 14,802 to , 21,110 5 8.19 to . 11 84 15,770 to 22.805 6 a.ea to . 11 79 17,031 to 2(530 7 ass m . 13 87 18,394 1n 28.600 8 70.37 to . 14 92 19.866 m 28,728 . 16 11 21,455 to t0 12.03 to . 17Po 23,171 to 33,609 71 18 78 25,025 to 36,18! 12 14.03 to . 20 28 27,027 to 39,085 73 15.15 to ' 27 92 29,189 to 43.217 14 18.37 to . 23 87 31,524 to 65,588 15 17.88 to . 25 58 34,045 to 49,235 16 1D.09 to . 27 51 38,768 to 53,174 . 38,711 to 57,426 CITY OF ATlANi1C BEACH POSITION SCHEDIIIE OF SALARIES 08/21/83 FLSCAL YEAR 1893/94 NONVNION /VENT ILAN fH70ADSAL fY 92/83 DOLLAR PERCENT ANNUAL ANNUAL WCREASE WCPFASE DEPT. EMPLOYEE GRADE BASE HOURLY BASE OVER OVER F NAME WAGES RATE WAGES FY 82/83 FY B2A3 biD Reuptioniat 2 75.746 8.00 18.840 898 5.89% 18/22 Fka Manhall/Salary 14 3b,138 Salaried 35,700 S72 1.45% 512 City Manapar N/A 49,934 Salaried 67,500 7,588 15 15% 512 Admin. Aasiatant 7 28,083 Salaried 28,500 417 . 1.80% 673 Finanu Director ld 40,681 Salaried 48,750 3,008 8 57% 613 Purchuinp Apeni 8 28,848 Salaried 28,250 404 . 7,40% 513 Auountant 11 28,890 13.65 28,184 7,286 6.81% 513 FisW AtaisLnt 8 27,046 14.00 28,120 2,076 7.eJ% 513 Aceountinp Clsrk 7 24,395 12.25 25,680 1,085 4.46% 513 Utility Bib. Cork 6 15,987 8.40 17,472 1,485 8 28% 513 Utility Bill. BYparvltor 8 17,707 8.85 78,608 1,301 . 7.81% 513 Cwtamer Service Rep. 3 14,098 7.50 75,600 1,504 10.87% 513 Cuetumr Semca Rep. 3 14,086 7.25 15,080 88! 8.88% 575 City Planner 15 35.805 Salxiad 37,750 1,945 43% 6 5,6,24 Typiet/Pamut Cork 3 15,826 8.25 17,180 1,334 . 8.43% 16!24 Buikfin0/Cu1! Enf. OI}. 72 38,407 Salaried 39,750 1,343 3.50% 517 City Cork NA 28,482 SaWiad 32,000 2,508 8 50% .,.~ 517 Secretary 5 15,630 8.25 17,160 1,530 . 8.78% 522 F'rca Chid 15 36,856 Salaried 38,000 1,144 310% 547 PubGe Wodu Dinetor 18 53,575 Salaried 65.000 7,1,75 z eex 541 Sanitation & Maint. Dir 11 35,663 Sdariad 36,700 1,137 . 3.20% 541 Admire ASeistant 7 20,038 Sa4riad 21,500 1,401 7 28% 547 Aunt. Pub. Vlorks Dir 12 32.865 SaW'wtl . 35,000 2,035 . 8 17% 41!35 Clark 3 14,098 7.25 15,080 884 . 6.96% 572 Rrorastion OkaetOr 12 27,249 SWriad 28,189 1,940 7.72% 533 Water Plant Suvar. 110 33,300 Salaried 35,600 2,194 6 59% 533 Water Dist. Div. Chid 12 28,370 Salaried 30,000 1,630 . 5.75% 535 Utility Plant Div. Chief 72 38,407 Sa4riad 39,800 1,383 3 63% 33!35 lhiliry Pont Div. Chief 12 36,485 Salaried 38,600 2,116 . 6.13% usual Cime. The evaluation racing of an employee under this article 1=_ within the sole discretion of Che City and thereby is not subject to the grievance or arbitration procedur es,~ 96 Thereafter, employees who have previously advance to the top step of the pay plan shalt Ce eligible for an annual three percent (38) bonus twelve (12) months from the date of their last increase. The annual bo n~rs shall replace stet/ movement and shell be contingent on continued satisfactory service. The bonus shall not be paid in the employee's base rate of pay, rather the bonus shall be paitl in a lump-sum payment on the employee's anniversary date. Employees who receive an overall above satisfactory evaluation rating shall receive a Cwo percent (28) one-time bonus in atldi Lion Lo their normal step increase. Employees who have advance to the top step of the Day plan, and who receive an overall above satisfactory evaluation rating shall receive Cwo percent (28) one-time bonus in addition to their satisfactory evalua r.ion annual bonus increase. The advancement in the pay plan for OeparCment Neads shall be per anniversary date. and any Gonus shall be determined by Che City Manager based on funds available. For the purposes of this plan, Che date of last increase shall be the most recent dale upon which any of the following actions occurretl to en employee: 1. Dale of promotion; 2. Oate on which an employee received a step increase. 3. Cost of living adjustments or general increases shall not be considered as the date or last increase. For purposes of determining whether or not the employee has satisfactorily performed services for the CiT.y for advancement in the merit sCeO plan, the Gepertment Head shall notify the Ci[y Manager of the Departmen r. Head's evaluation, with his recommendation for any merit increase action. It [he Employee's performance has not been gratle0 as satisfactory during the applicable time period, r.he employee' advancement may Ge delayed at the sole discretion of the city for an indefinite period of !'i me. The employee shall De advised in writing as to Che reason his merit step increase was no[ granted at the a5 The Merit Step Pay/Gratle Chart is set forth in attached Exhibit a. Entrance Uage Determination/Demotion Oriqinal appointment to any position classification, or the appointmen r. of a current employee to a new and different position classification, shall normally be made ar the entrance rate and advancement from Che entrance rate to maximum rate within the pay grade shall be by successive steps. Upon recommendation of the Department Heatl, the City Manager may approve initial compensation pt a higher rate in the range for the positron classification when the reeds of the City make such action necessary. Except as provided in the secontl sentence of Chis suGSection, when an employee is demoted to a different posi r.ion classification, he shall receive the pay rate in the lower pay range of the new position which is deemed appropriate by the Department Head. Provided that, should Che demotion Ge the result of non-disciplinary action (e.g., a reduction in force), the tlemoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to othar duties commensurate with his qualifications for the position. The Employer will make a reasonable effort Co reassign the employee in accord with [he provisions of Chis section. when an employee is promoted to a classification with a higher base rate of, pay, the pay rate Df Chat employee shall De the lowest step in the hither range that will provide at least a five percent (58) increase over the rate received immediately prior to promotion. /+dvancement within merit step plan. E xcepr as set forth Gelow, advancement. within the merit step plan shall occur no sooner Chan twelve !12) months from the employee's date of hire or tlate Df last ir.c tease, provided the employee receives a satisfactory or above rating from his Department Heatl, and such advancement is approved by the City Manager. ac way in reaffirming our commitment to [hose employees who have not chosen Co batgsin collectively. I urge your approval and will be haPPY [o answer any of your questions or provide tlarif ications. Sincerely, ~~ ~ ~~~ Kim D. Leinbach City Manager KDL.dst Enclosure cc: Personnel Committee Captain Campbell :.. ...c: a.:..,.. -:~s....- .. CITY OF !~a«tit tae! - ~louifa SDB SLNL\OLE ROAD ATLA\TIC REA['H. FIDRm1 )32I}cKt IELEflfO\E 19011 3115BW November 2, 1994 Honorable Mayor City Commission Members Atlantic Beath, Florida Uear Mayor and City Commission Members: Please recall during the last fiscal year a decision vas made to enact a range pion for all municipal employees. The idea vas [o indicate [he starting and ending salaries for each position and strive for increases based upon available funding sources. Subsequently, [he Ci[y Commission, at impasse, settled with [he various tollec[3ve bargaining units with the r?enactment of a step salary plan. The only exception concerns our non-union, general government employees. In efforts to be fair and uniform, I a¢ herewith urging and recommending that Che Ci[y Commission adopt a salary step plan similar [o [hose provided [o our collective bargaining units. Attached is the recommended plan as noted above. If maintains [he same pay range previously established, but provides 3S steps therein. For purposes of converting employees into Che new step plan for Chis fiscal year only, I am recommending firs[ of all, a 2S cost-af -living effective OcCOber lst followed by placing the non-union employees into that step most closely reflecting their current rate of pay, but no less than ]Z. The net step increase for employees could range from one to three percent and on tha average should be less than [vo percent. Additionally, vv would like to offer a two percent bonus [ova rds [he end of the fiscal year For those employees who have exhibited above average performance. This compensation would r.ot affect [he pay plan and would be applicable for exemplary performance only on [he part of employees. I van[ [o offer [he same proposal except for [he [vo percent (2 S) bonus to department heads/supervirosrs as yell. Please recember, supervisory personnel did no[ receive any adjustment last wear. The monies fo: [his proposal are funded Sn [he cu went Ffstal yoar budge[. I believe ycur approval of the same would go a long - ~ ~i ;c . /- i~_ u CITY OF ATLANTIC BEACH PLANNING WORKSHOP MONDAY, NOVEMBER 7, 1994 AGENDA Call to order 1. Discussion of pay plan for non-union general employees 2. Discussion regarding Parks fi Recreation Department (a) Reorganization of department (b) Parks and park land acquisition for next 3 - 5 years 3. Review of Capital Improvements Plan 9. Review of contracts for use of city facilities and discussion of the city's relationship with ABET, YMCA, Little League, and Habitat 5. Discussion regarding amending alcoholic beverage ordinance 6. Discussion of Monday workshops and Tuesday strategic planning sessions 7. Discussion regarding when and how items may be added to commission agendas, and by whom SOL'.-,! 9J :fR!I 09 0'. PILOT EQCIP J;1 FL TEL 90d '6B 180a p. Op( ll flliam L Cultifu rA I`. U. nun '_JJN4 .Idt A~nntille, IluriUa i"_JI VIA FAX: 247-6805 November 11, 1994 Mrs- Maureen Ring, Clerk City of Atlantic Beach B00 Seminole Road Atlant~ Heach, FL 32233 Dear Maureen: I understand that a discussion of the contract between the City and Atlantic Beaoh Experimental Theater is set for the commission meeting on November 14th. Regrettably, I rill be in Baltimore tent evening and unable to participate in those discussions. I would be most appreciative if the commission could defer action on the centrect until the follorinq meeting on November 28th so that I might have a chance to offer several points that are Qermane t0 the i66ue. I vile be in my office on Monday until I leave fox the airport in the late afternoon. I wild like to know if the City can accommodate my request sometime between today and when T leave on Monday afternoon. S n r ly, Bill Gull iford ee: Mr. Rim Leinbach n - p,1L ~` , i ~~ + SITE PLAN mu a ~ +rtwY ~~cnor Wis. oYe u ~~~ ~a~no r a Yeas aiW tlm x +7R~~ a~a wgttt ro ~ w/0iwt naYCe. ~¢nt¢x Homes - ~ ~ CO tD V ~ N 00 , ~Lr-~ ~°N p ~ o o ~ VU ~ ~ ~ f ~s x° ~ _x a ~ s ~o S~ ~ d n . w n G ~~ w W ~ ~~ w ~ .. i, 9 R a ~ ~ _ - ~ u C I°~ o~ ~ U n r_ w_ r 1~V ~ - W~Lno'J ap~syun '^ ~ _ aaa r` R i~ R r~ R~ ry _ > ~V ~~ r r R ~ p ~ ~ J, w )saM yno~ aVlnl~ll r r x f ~ w r r w ~ ~ r n r ~ i $ = r ~ w pa3 w~l,+ApWy ~ i 0 S +' i r= C x 9 ~ ..'~~ (# w _ ~ ^^C` _ WW V c ~_ ~a ;.. ~: 1 ~~ ~~~ ~ :: q .s. S ,,_~= /. ., Q ~ ~ C~~i .~ w~ _ _ ~~ h~ j ~. i -/. z NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE 1NITH THE CAMERA OR ITS OPERATOR. .u. :-u~n- ~ 6511 81416 p~AL ~EeO~f a ~ IMt 1 aad :. of as 5elw llfftsida bit b. i, a Olstace of 295.71 feet t0 M lajersectla rltA tee bsterl7 Uemdary of tee lanes OexrlOed In Offltlal BeWrds blw 652, Fpe 181 of s110 hAl lc 4wrds: thence brte iYS' bst, clop sold OorMar7. 1281.1) feet b tfve brill Ilne o/ sa/d Stctlou 17; teepee Sorte 07'26' Yost, clop tee brN Ilne.d( said Section 17, I elstence of IOO.N fact to tm nertlrest corner of silo fgtenrent lot t, tee sae Oeiq tee brteast teftrn' or said fgveraent lot 2: thence South 0.OI• Elst, clap tee Ilse elvldlq sold :arerwent Lots i Ind 2,' a dlitmce of 75 reet: taco.. " 09'Z6' Yost end :erlliel rIN ilia brN Ilne ,,. .IId Stcs:x 17. 169 1Kt: tllace SOUtn 0.01' fast, 791 feK; teerce brte 89'26' Elst. 169 feet to tee Yesterl7 Eofnfdu7 of said 6orentaent Let 1; thence Soutlf Oqf' Fast, alan9 sale DOUidary, 1 fact: ;nente brtn 89.26' East a0 plnlltl rlld tee Mond Ilne of sold Sectlm 17, a c lstlnte of 162.77 feet to m IMtnectlm rIN tee Easterl7 Oem01r1 of tde Ilnds Oexrlatd In Offlclll SecoAS 9oluae 1066, re0e 872; tlrr¢e Sortll 6Y5' Esst, clop Bald 0om0ary, 878.15 feet to th lwlnt of Oe0lmlq. l:mtalalq f 1.63 aces ewe er less. WIeIT •A', ilMetL7Y0D I.n11D6 flp0 A OYl7 Of 718 0lCLIYIIItIOM a eovewls• ntuStuslors rwllo SJ10OiKLf ewf BB[.eA LIM[fIOS - eMOt I. - ~E{~1Y11 PI: p6 88- 4!174 eiw7ta.•.?:. ~a ..77/: LM-'~L•.n lie A Oett :f.. ;~;: 7' I{ •. J V •MM ~ '=~ i ~,,.„~ o~,.• ... ~ `. - fr ~ 1 F __ Fi, ii `r,~.r. rli't rli. 7 -^ - t -- '~ i1[, f .._..... t 1 _ I __ dz 1 ..., -. _, _., y ~__- =O 1 I.1 S ~ > •`` i --~•y< } S r 3 s s ArS of ; :'' ;~•~ ~- ', :~~ also _ _ _ _ _ ~: ~~ VI t U - .r aK nsl.Mn .rr~..A w. ryY ~ ~... ~. . SOip~3tl ~` z nova •.r. tritrxxa _ _ ,~ ._ .. - .- '~ e,.rr ( a : It3~• ff ; .~q. .; ~ 3l3t! i ~ `i~ (~ i °g 6si~iyr ~' ' !~~'; jll%t1~ ; ~~ ji ~ ~ ! _ .. /~!i :S [ ~ 4~4gts ~ I Eq ! t- . . ~ ~ rt- ~i'.L! 1 i i~ ~r~ [q.i r i . I 4 r-: ~ + 45~ ~/ 1`-3f ° ~I r~a• f7 i-i __ z E~ (q•tYj17pp•[zi h77-T: [ +h~*•1 ~ S~, ~.tS•1:6 S,:t7 . 9 SI ! I€jt • a: alt . 1~s~o ~ ?.gr,F~elq~3~~e ~i;i fq .I !~y ['~( r :1l:: i - J a3•% a:Fya.2a-lama T~ E~ 3 ~i'~ '~ z`'li( OI ~ wxo li ~itf:9~'i~~l~~i I -t !@I lift I Fr~~ ~ ~ .. ~.~ ~ j=(l: : ig4~~~t~-(a l-I !t i iiF~ q~ ii r ! 6 i ~~c `~1fl=i~~i~~t~`~#~'~'~ ~~~ ~I dZ~~qs ~ C(lii~ ! q-~ ~~ ~gi!i'i~y`'iia~s!! ~l~a+°j !7~ (i E~~~at , ~1.(. ` J13! ~= l~ii~Fi:y~l (t(Ja,l.ii i:r !, k ~ ;` ' II-(~ f ~u:s[ t~ ~ ,ai tir~i€i~~!M!~?:`•~ i i!( !;~ ~itl lli=i~ s. I~~s,, (`r (i!i {Utp=~~pp•,q,y4 !r[ ~'ipt(~ (ql . V-1~ `~q ~ ! ~ •ilp {ri'pp~'xsl ~~la! !~= •t~:l~J 9 l 7~' ( W`- 1 ~7~a 41 i7 ii ai~t •. 1 Ir ~1~`~, SI ~` i y3 (~' 1 !-; ~~~ ~it, ~a. ! ~~ I I al[~ga .- ~ ~~77{{{{e.f1 ~ e. . d - r Jl.s I!j_ ~ : r:`.t ~E~s / ~7.+rt ~; Ivgge2 !• ~1Vi .n r: 1 :=.t=. a a: w : ~r ~Lt '~~ \ 4 i '= ii~,i z.z, Sri z(; ae !+, at i't W rco ~~;ii~j~~ia•~=~C.: i}l~ ~c~; f!' ~E'sf~s ~ ! ~6i~s~f = I ' { 21r' ~-~! 1 y sites 1IC a Y` f•: ~t~ . _ ~. ~f . i ~~//~~ [- yy .f . ~' ~ r.9iia:! j~55 r~ aer~ K_~~:i ~ 6 ~ ~ V/ <V ~gia1(i,~rrlc.fna.li.~ lEi,l e ' Y+tIG~ a 17'JYd '.Y. iIY7N%7 fW073'~ ~~~1!!0 6511 n1412 ,~slaM, aco.es Sl. [tt•et [•o• Oesl•tt•d t•ad•. with !fi• respee[ to tM Unpls[te0 finds, efie p[ovislone of ehl• Deeletet ton •r•~ not sslt•neenting red sfiell M o! no leq•1 tort. snd .[feet sn1N• [[a t(N is tIN uteM•d to ell o[ any portf on of the Unplett•d [ands by • recorded e•endrnt to thl• Decleution, that dwl•us e11 e[ ps[t of tM Unplstted Wnd to M subject to the prorl si ons M[ot. Devil op•[ or •ny p•uon to vh0• Dtw toper fiu •srl9aed iL [fyfits to dv.___, tfi• 0apl etted L•~d Yy •YCC_. end .rood such •n eNn6ent ec •Nnd••ets vi tfiout tM eonunt o[ jolnd•r O[ any wau, LM Ar•oeLtlrn, or any otMr Person. 7fie prorlsi on• of tAL D•elenelon then •utoYtleel ly sfi•11 M easnd•d to CM po[[fen of tM UnpLtt•d lands d•eedbed !n such sNndrent and sMll [•n wlto such 1•bs end b• b(ndlnq upon ell Persons hart ng cry rlgfit, title or fatuut tMUln, or say pact tfierwt, eMi[ [espectiw Mln, s•ecuwr•, •,M usl9ns. Une/l tM to[egolnq occsr• Lfils Oeoleutfon does not eonstltut• en eneu•eunc• et rutrletle• upon the title to •11 e[ any po[tlon Ot tM Uaplett•d tand•. ' S2. Netlws. Any notlN [paired t0 M rut t0 ally lnrNr e[ tM Dsvelopsr uad•[ tM prorlsloN o! tfifr D•eisnels• efiell M de••ed to Dare b•u p[op•Ay sent Men Yfled, post•q• pelO, to tM tut [core •ddnu o! tM person Mo •pp••[• •s ewM[ o[ Ovrr ea e1tMr tM ceeotds of eM eu0e1•t ton or tM public rree[dr of 11rve1 C••ntY, ReAdr et [fie tlN Ot Ovcfi NI11nq. MOt ices to tM eueHstlen Ndl W sent In the Ynn•r desc[f1f•d sbew t0 tM rplsb[N of tics o! eM huecl•tion. 1M w1rNL[L tINC•LOP, tA1• O•eleutlon O[ LoreNnts, •eRdctlon• end Le••Nnt• M• Men e:ecute0 tM• 4~• day of ___N1Ay. lPSC. SLLVA LiMR[1DL PA•[NCNSNI- GDL -15 [, MITGGNLLG n 6511 a14Q5 i ~I ,~ ordts tY /gels, tine huocfat lon'a drtlea rl th ntptet to tM Coareoe R[tat laelWt the rnageaent, opt[atlon, aaintea•net, [[pale, u[v1elM, npucattnt, end renwal of sll bpwvantnu, tgYlpaent. ane ungiblt ptuowl p[operty Inenlled q Dtvelope[ •• p•[t of tM re[t, tM my upl eetntnta Or addl tlana tMreto aadt 1n eK0[danet rf tb tM prodslona et the Legal oocaarnts. TM 1luocl•tion atoll ylnbin adpette rnnve accents Lor pedodle aafnttnenet, [[pair and ttol ertNYL O( 1\p[OYM•nt• t0 the tonaon A[t•t. '7/. utt winun•nrt: The RuoCletlon sA•11 ealnetln CM lake •n0 wtlaMt rlehfn the Property, notrltMtandfnq Lhac the latex o[ wtl•nda aey bt located enLinly rithin one o[ .art wu. iab]tct to tM right[ of eM Clty of 11t1 •nc le N•cb, Plorlda, aM otM[ govtrarnbl artho[f [lea, the haaoef atfon awll Mvt tM taelYdw [lght Lo detenint and control wet[ lwtle aad rate[ Baal lty, and to control the grwth and [ewwl o[ planb, toogl, wter[wl end •nLela rithin the latex aM recl•nda. Tht p[ov/aiona of ehla •ubpa rag nph eu not Lntenaad to wi»[eede tlry p[ovidona contained In thlt oteluaclon chat [polo Mt ute[nnt uc omen to aalnta to tM late aMUllnt ed]acent to tMl[ lots. 7/, ierriertx 711[ Aawel et loo wy obtain aM pay tot the u[rl eta et any N[wn to Yneqe /ts eluln to tM trtent 1t dtarw edvlwbl• end oy coetuct !o[ eYCh otM[ perwnntl as CM Aaaoclatlon deG rd net art necoury, wmmitnt, or dwl able Itr tM pr open optutlon of eM Propt[ty or tM pt[tonanet et tM ltsec!•tloa•e uapondbtl ltio Mrmndet, meths[ aYeh pt[aenMi to [rrelahed e[ Cpl oyed dlrsetly by tM h•soe Ltion or Dy ury fwaoa with rhea It contucu. Ml [hoot lief carton, the Rtsoclttlw ry obtain end pay (or legal and •cceenel.p servlew newaat[y, ~onven~ant, or desl obit In connection rf th tM eptutlon of tM -[ope[ty oc the en[o[cwtat of tM Deelerttlon or tM Asseelttlen•a /egYlatlona. ~/. Hrsonal -repettY: Tht enoeiet ion Bey tryYln, bald and dlspou et nngible etW Innnglblt penenat prope[ty, aN]tet to -IS- . ~ 8511 Ril04 r ' '~~° i entitled to ane vote !or eacR Lot owed. upon bni,utlee et CLu ~ e meaM[ahip, Clus + wben are all IRroe[e. lntlod lrq pevelepe[ ae i lenq a perrlope[ !a en does. s. CUU e: tM Clua s awM[ !e the (ntvelopecr the l• entitled to three l]I votes to[ sash Let owed. the Clue zwMUhip rl)1 teas and M converted to Clau • wM[ehlp apes the MPpenin9 0[ dChet of the lollorl nq ewnter Hither°[ oteu[e tint: 111 then the tool rotes ouUtsndtnq in tM Clau !• - '~ i membership eooel the seta( votes outstanr~-- .~ tM Clue seo oeuhlp; et RI fire 151 yeeu L[s Ue doe o! ale of tM tint ' tot co any perwn other tRan Derelope[. I! wre than one person holds the [eco[d tltU to a 'Lot, ell rxR persons are wMra of the baoelatf on, but enly orre 111 wee ::,y b° cut rl th napett t° aucR Lot. and no trsetienal rotes ue permitted. Gch eo•orne[ suet [!le tM owe O[ tM votlly /wows[ vitR the uctetary o[ the auoetatfon to M entltlM to vote at a°Y sussing, unlue such co•own• Mre tiled s 9enersl votla9 wthe[lty ulth tM ve[etarY apDl !cable to •11 rotes wtil [eatlnded.. ::atvi thstendlnq the [ocpoi.y. 1[ /isle to am Lot 3s Mid !ry `~vsaand end rl Le, either cwower 1e enef Bled to euC tM rote te[ a ucR Lot 'unl eaa eb unto ° K(teen toting aatM[ltY la tiled rlM !ne auoeleL ien du l9natlnq • roclM ewower. tt title le bald by a earpontlon, the ueretuY of tM eo[poution eMll (Ile rleh tM Aa wcf attoe a w[[S[lote dulgnatlnq tM eotho[isad vatlo9 [ePruentatlw of tM te[porstlon. Mfeh shall Met [//tire oast( rescinded by thn eorpoutlen. 3J. 7M Carsa aru: fubject to the [19hta o! CM tlerelope[ end CM ore,eu, e• set !e[th fn this Deeteutfon, tM Asaoa letfen Me eaelua he as ne9went end centtol of tM Cwaon h[eu, an0 all of Ise i.ptovwenu, tfatu[ee. lurnleh3ngs, equlpnent, and etMr rslatad ' pet cone( p[operty. TAe Aawclet ion /hall beO tM !o[e9elnq in clew, attuet fve, wnf eery, and aerrteaOle eadltlwe and In 9oe0 -19- ~~ 6511 81396 f • g~atw aco~r. ' ~ ~ U. Wrage~: in wdA(elon to other [pal rsatnti stated M[etn, Ql garages atoll Mve + +l nt+w ridth nt trrnty (iq feet and rinl+u+ lengtA of trenty (2q feet. Ali garages +uat have •n oueMad door rt eh an autoutlo garpe Boot opener. lS. Reot: TLt root+ atoll not be penleted unless approved by tM ARC. Pu of ebnda rd tIM[y tis/asphalt 1•Ca0 root shfnglu !a p[ohlblted. All toot vantar Pl++bf ng vents, ate., atoll M located to [Ae bact poctlon of the toot as +ueh a• poulDl• and atoll M n-:-fed to catch tM root color. tM +tni+nn toot _. atoll M 5/ly on:u• approved try the ARC. In •,ry eau Theta the root depe CarN• wtn to dutn on or neu adjacent lob, 9u nets and dornapoute +uat M Instilled so as to d[[ect coot rabr gray t[a+ adjacent lots. it [{. flan~a Ne atgn of any eM Uetec Mall M dlaPtiyed o[ placed on any lot etespt 'FOR RLRT- o[ -[OR FALL- slgna. rhteh algne uy cetic only to tM partlwlar Pre+lsu on Mlch displayed, a,d atoll M of Hce[tal a, alrr, height, and deign •pecl[lW till the ARC. Toe ARC uY cote[ upon any bulidlrrt Plot and sua+arilY tewve any signs rhleh do not acct the provi+lona of MI• pa[aq uph. 17. Me1lf~g~Q~±~~ty: TAe AAC sAall Aare the [lnal approval of •I1 etterioc bulld(ng liter Iola. Lapnard toncfeta blu.-t, I+ltatlon +a ter twti. Meet +vtal and pl yroM aiding sucA a Tlall and RDU ab prohibited ri tAout eM eaprss• cannot of tM A4-. The use of +M ouch Mtet lala rill he diecaur aged by LM AAC and uy M coif lily pwhib't«7 •t thri[ wle disc ration. lt. card Fe tb•cA a: MinLw ya [d setlwet• ehall M ae deae dlred belor: A. Ftent Lrds - A +Ini+w of ten (1{) tut IL the 9•[sge entunee to t[e+ the side of the garage. A eini+e+ o[ trentY (7q teat I[ tM garage entunee is at[aight to lfe+ tM st[eet. Cerne[ lets Mall Mve t[nn[ Ywrda on all aides that [rent on • stuet. Tha aaC say rpuiro tMt front Yard utbacke M atr)geced •t leant ten (U) feet troy <ri atfn•1 ad jaeent Gai ldinga. tt posdblea TM _{_ 6511 Ki3.'1S , . s~aik ~coo~et • . All t[aah, ga[Dage and oche[ pate atoll be kept le aaRltary conufneu, rl tAln •n eneloaoze conat[Kted a• p+zt of wM dglllnq, (n • IK+t ion approved Iry tM ARC. 7. Twpoury ft[uetn[eat No at[oetu[• el • ~teapo[aq eM[actee, toiler, Daaerent, tent, aAaek, gazege, Mrn o[ etM[ wt Dul ldiiq atoll Dy u+ed on airy lot +t airy clee a • realdexe, e1tMr twpou[/ly o[ pf[N+nently. •. Nlndw AI[ Conditioner Unltai N1MOr o[ qll •lt eoMitlonltiq untr+, or •lNS lar dsrleea, lnc1W lig rtthont 1 L/btlen, deho•ldityl nq unlu, •[e gsurully p[ohlDltM, Det ~+y be approved by the AAC It the dfnLl of +pp[oral could crest! an unnfceu+ry hazdahlp DeyonO tM eont[el o! the ovnez. All •([ conditioner co•p[owu shall M screened !rw rler •nd lronlatfd DY + tent!, qll o[ ahruebery ao as to rinfelze note. f. Mbnnaa: No +e[!al oz antenna shall be pl Ked o[ e[Kted upon any lot, or aril:ed In +ny aanM[ to the eater lot of airy bu11dlnq. Antenna, It any, atoll W Dullc Into tM stele apace of tAe hoc. l1x iollDOaus No N11DO: or p+perbea er ether [Kepteele et airy kind to[ the use In tM delivery of rll, nerapape[a, argealnea or •!•ll+z eatecl+l atoll be ezected on airy lot, ether tWn tM unitoi>a dfafgn app[ev.d DY the developer. 11. G+re+, pl+r ftructu[e+, soab +nd RKrutlen+l Vehielwx faaketDaa D+tkDOazda, and actor play •eroetetea, Plattroa. doghouaea, pl+yhouau and •tzuetuzes of a •LSlez rind o[ n+M• eA+ll !• proAlbl~ed. Do+t• +nd iftpe[loMl rehlclea eMlt Dt loutfd rf tAln • 9+r+ge. Puklnq eL M+ta sad [Krwtlon+l vhlclea In vier to the puDl/c la P[ohibi red. 12. [aterlot Colez Select ion: The ARC •h+ll Mw lln+l •ppzowl el •11 uteri or color sal Ktlon• •M any eMipea tM[ete. ll. NSldlne OeHans No lie lldinq rl th tM saw et •I~llaz •rcAitectaul deign atoll De located rf tAle tAree ~rdfM 12fQ Iff[ Ot eKh Othe[. -5- / ~""" U-~~~ ~e2~ o ~~" ~~~~ _.. ~~~_~... ...ri~ ,- ii ~± P50 n X11 Kim; Ytellals and Wleb. ~~r,~~ ~i~ e. 6w1i • ^lu plan eMll M 1••U•H•. All okMrs sMll bi 1/t'•1••e•. : plnal Nevld: TAe caner atoll wbiit to the ANC Iln•1 p1aM .Awing any reyul[d eMrgtt !n p[elldnary Plans, !( aiy. p[nal plans tMti De tAe arse +• tAots to M usM Men applying to[ e•ilding eerie. 7. 6ulldtng_Type: xo but lding shall De eteeted, alte[ed, placed o[ psrlttM to [wain on any lot o[ bulld::y Plot, otAer t A+n one detached single•Cw11Y utldencr harl:v7 an •[ea of no lets elan 1,1U tqusu Ceet, emludieq ga[age spate, and a P[lrati encloaM 9a[age [oc not leu than [ro ea n. No gauge, tool o[ stouga rew Yy be eonatrueted separate and apa[t [[w tM reaidentf al dwlli:q unless +pp[oved by tAe ANC as to use, Ixatlon aM a[eht tectuut design. ~. Landacroioq: The entl[e let, InelMlnq tMt portten betwsn the tt[NC paraMnt and ![ont yard property 1(M, and lndudlnq any public eusients, shalt M laMSeased, t[[lg•ted and Y lntalntd. No a[tftletal tort or etMr •lillat Yte[lal sMll M perlttM at • substitute [o[ lwn graze. it sMil M tM god et tM AtC In tM app[oval oC any Lndacaplnq pLn and layout plan to puuwa all Hiss log t[tas rAtu possible. TM laMSeapiaq pl in cubit tted to tAe ANC •C the final [erica atoll eonbin tM [ollerl iq: A. A landscaping plan ahwing p[oposM ner Plant stock and ell erl sting tees ~ inches of sn[e in df meter MSeh rill [wain In thi landseapl~ on the let. e. A soAedul• o[ •11 plant stock, leeluding tM sire at CM tLt of planting. C. TAe ltndacaping plan absll Ineluda tM Ixatlon e[ buf idinq, d[Iver+y, de~Ra, racks, Cush coot+inet, A/C ceip[HN[ •M !cocas, it any. S. Trees TM p[[Mt Clty O( Atl•wtle es•ch Trp O[dliai[i !toll M adhirid te. i. Wrb a and Tt•ah Conu: Min Mo lot shall N isid i[ +l' _.__..___._... Y lnulnM as • dwplnq 9[ouml to[ [uhbi sh, such or otM[ cast.. ~1 ii 4 e S g~~ ~a3 @ 4 ~ C C del e 4 QY a 9E y6 $a ^ Va ®~ 3_~ p a .. Q+a a_ f ~_ i ~=~ 6 ee ~g_-g~ , 3Q~ ~,~ ~a~~ $~ a~~ ~ ~a ~~"s~ ~~g ~a~ ~a ~ ~. $p e ea ee ~ i$ ~~ t i ~ . ,, ~ ~~~ ~ R ~ ! ~ ~ t e ~ ~ ~ ~G ~~ 26 ~ py 5p ~ ~ ~ ~~ a~ € 9 9 a p iba f$ a ~ g~ a Q~3~ ~ e c~ ~ ~ e e ~ 5 ~euyc ~~~4 ~ ~@ 0~ . ~ ' s ^ G~83 4E c i r- a E r6 ~ ~ s ~@- L ~~ ~ ~~ ~~yy e s L~ a ~~@~~ 9 ~ ~~ ~~ $ i $ _ ~ ~~ $ e$ .~ ! Vi a 7 8 6 ~+ ~1Tacu nn ~ ~7 c 0 O 0~ W Q0 ~a UW 6~ W~ i~ U~ U ~ 6 CI _U ~ e ~ 6 ~ Z g 4 Q N J~a~:W- ama ad <~ z ai r_ z~ ¢a ~w¢ F~ <a 0W <y F~ ~ 0 Z J2 m~ W~ F 2~ F& Owa V 02 pa 6~ R e N n a N ~ N R d $ n e ~ a tl d 6 6 1 6 N d tl N a N tl ~ d N n ' a '~ e n R n 6 O n d d N 6 ~ 6 N C N > ~ N a p ~~ ~ N N ~ .. 2 > ~ D Y ~ y j N N > ~ N a - _ - ~ i ~ A 2 0 f Q k p~ G j F _ E ~ _° ~ ~ € W e ~ ¢ ~ E i ~ ~ P ; v `a 3i_o Ca W 7 ~Gt o ~ G~egO§C O r'd~ Wid~~f U a .. ~ . ~ N a a 1 N 2 ~ a a 2 N ~ aa N ~ N a N N a ! ~ N 2 = ry F ~ F g g tl g ~ g ' F 8 F _ R a ] a ] N ' R d .i e ] ~l $ ~ F a vT e l $ R a ~ N g F F ~ ~` F F F Y g g g = a a a e c - e N e n a e 8 ° " o o n a - a e a . s $ a ' a e _ d ~ > d e ~ e a s t ~ N a i A a ~ t ~ N a YI a a Q ~ N tl ~ a a y ~ .: N N ~ a a Y O ~ f ~ ~ z ?~ ~ q q q q q q q q v _ r q q q q q q q s e 9 e_b Y ! ; q q q q q q q q ~ y n e § ~ f ~ q q q q q q q q _ b F pi 9 _4 v q q q q q q q y~ e tl yg4 r "e q p q "e q r L y 3 C ~ s e ~ ~ L ~ ~ r_ b b Y Q [ ~ ~ Q a ~ ! ~ i$ !~ ~kjTACHMEUT CITY OF ATLANTIC BEACII PREOUA IFICATION R UIR MEh'I'S FOR BID NUMBER 94951 - RESIDENTIAL AND COMMERCL4L COLLECTION AND DLSPOSA OF OLID WAS YARD ACA All Bidders most be prequnlifeed by the City o[ Atlantic Bach before [hetr bid will be considered. Bidders are required to submit information to [he City which clearly proves that they meet the City's prequaliScation criteria by 12:00 p.m., November 3, 1994. The information reanired matt be submitted by the Bidders under a Gparate jradinP for a h of he d reaa_ entc Each peon m,~e ~~~d bye o~peclive bidders autho ' ~ renrrse~rorive The Bidders mast meet the folbwing requirements for their bid to be rnnsidered by the City of Atlantic Beach: PROOF OF EXPFRLFxr17 _ p minimum of five yarn eaperieace with a rnlkctioa aad recycling rnntwct for at least 4500 residential aad 250 tommenvl accooats PROOF OF IN mAN -Written proof of iasnrauce to serve Atlsatk Bach. Required level of iamrance can be obtained hum the City's Parchasmg Department POS i,'tTT~'RFN ES -The prospective bidder mast sabnrR positive references from at least three keel antis of governments in Fbrida who coatrad with the bidder for solid waste coBeelioa aad disposal These references wID ant be accepted mtil they are investigated and [oared valid by the City. i.[N_A~r pgFI~F _ A Ioea1 oboe (wRhia 60 mBes of AtLatk Bach) for at last the last three yars. PLTBL•IC ENTfI'Y LIt4R FO M _ Form PUR 7061{, SWORN STATEbffidT UNDER SECTION 257.333 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. The form mast be notar6Ad. GU RANTR,F,D F.MPi YMEN1'- A written guarantee that Athmtie Beach's sanitation ~Pbyea, dispbxed 67 the watract, wID be offered employment with salaries and benefits equal to what the City wiB pay them u of lXtober 1, 1994. PURCgncE OF FALI!PiitFNT -The Prospective bidder agrees to bay the City of Atlantic Baeh's SaaRation Equipment for tbe appraised value. The appraised value may be picked ap from the Public Works Director. The purchase agreement attache{ most be Biped by the bidders' authorized reprcseatatNe Purchase of the equipment, as stated io the agreement, Ls contingent upon the suceessfd bidder bring awarded the bid. AGREE TO BASE BID ON THE BID SP 1'IFI ATIONC _ Prospective bidders mast submit a slued statement agreeing to Conform Wev bid to tbe speci6eatioas in the City's bid documents. _ ARy prosoeclive bidder who does not it ell r th r t:.b. +.-a Moe. or Continued The bid analysis is shorn on Attachsvnt C. Jacksonville Yaete Control, a division of Refuse Services, Inc. subsitted the latest Did for both residential snd cossericsl services. In addition, bidders rare requested to offer a percentage discount ii warded both eossercial and residential contracts. Jacksonville taste Control offered a 1. SX discount, BFI offered a 5. 0X discount snd All Jax offered no discount. After applying the discounts, Jacksonville Naste Control's bid resains the latest. It i• hereby racosaended that the Did be ararded to the latest prequalified bidder, Jacksonville Maete Control Sot the longest tern of six (6) years. IL is further reeossended that the City equipsent be sold for the appraised price x225,420.00, as ehovn on page 20-A of Addendus 1. According to the Addendus, this sus shall be subsitted to the City prior to cosseneing work. RSK/tb A~~aahr.+sn~i ~'J) ec: ^ n sc ity Manager Ji^ Jarboe/Deputy City Manager Maureen King/city Clerk FILE - SOLID MASTE.1 CITY OF J~Ltie $taek - `~lostda na w+owrtx uNE .__.___ ___ _.___.._.___-.__ ATLANTIC BFA(:N, FLOa0i312J11A1 `l ~ TfLER10NE if WI Ni%N rA% n0113n-56U Noveaber 21, 1994 M E M O R A N D U M T0: Joan LaVake/Purchasing Agent FROM: Robert S. Koeoy/Director of Public Morka~jY.+I RE: ANALYSIS OF SANITATION BIDS <BID NO. 9495-1) The analysis of the bide Eor Bid No. 9495-1 rae preceded by a prequalification of bidders. In accordance rith the City Coswiseion'9 decision to prequalify bidders for this bid, staff prepared a list of eight (B) prequalification Requirewents. See Attachwent A. Six (6) firsa subwitted prequalification packages and their qualifications rare reviered by staff and discussed rith the City Attorney. Ae shorn on the watrix (Attachwent B) re could prequalify only three <3) of the six (6) fires: 1. All Jax Masts Services 2. BFI of Florida, Inc. 3. Jacksonville Mavte Control IRSI) Me inforwed the six firsa on Noveaber 14, 1994 of the disposition on prequalification by talefax and by certified wail. Tro (2) of the three firsa, not prequslified,' Southland Msate Syvtewe and CDS Environaental, Inc. objected to the City's decision. Staff reviered their ob,jectiona rith the City Attorney and it rae agreed to open bids on Noveaber 17, 1994 Eros only those fires that revs pr¢qusliEied. The bid opening rae held on Noveaber 17, 1994 and the three (3) prequali£ied firsa eubwitted bids, as did one firs that •as not prequalif ied, Southland Masts Systewa, Inc., Southland I/aete Systeav, Inc. bid rae returned unopened. BID N0. 9495-1 - RESIDENTIAL AND COI4ffRCIAL COLLECTION PND DISPOSAL OF SOLID WASTE, RECYCLING AND YARD TRASH COLLECTION Ma11LnR List- Southland Environmental Systems Leon County Solid Waste 218 Morgan Avenue Mr. Jud Curtis, Director Jacksonville, PL 32254 - 384-2566 301 South Monroe Street Room 1201 All Jax Waste Service - An Attwoods Company Tallahassee, FL 32301 8619 Western Way Jacksonville, FL 32256 - 737-7999 South Lake Refuse Services, Inc. P. 0. Box 248 Waste Management Groveland, FL 34736-0247 4710 Dignan Street Jacksonville, FL 32254 - 388-8561 BFI 7580 Phillips Highway Jacksonville, FL 32257 - 731-3440 Jax Was[e Control 6501 Greenland Road Jacksonville, FL 32258 - 260-1592 Rf®ine Recycling 140 Stockton Street Jacksonville, PL 32204 - 350-9336 Mr. John Jennings Jenninga Environmental Services, Inc. P. 0. Box 6862 Longwood, FL 32791 Smurfit Recycling Company 1580 West Beaver Street Jacksonville, PL 32209 - 356-7122 G. L. Nachada 4 Associates, Inc. 38923 County Road 54 East Zepherhills, PL 33540-2730 - (813) 780-8477 Mr. Tony Scevarc CDS P. 0. Box 41083 Jacksonville, PL 32203 eoone's Waste Industries 2406 Northeast 19th Drive Gainesville, FL 32609 - ..r .se CITY OF rittla.rtic 8'euek - ~laKiela m sEwnnvtE atHs _ ..-__ _.__ ATLApTC tEACN, F1gRDm lYtlYSUS TELEPHONE MOU ].eFSlte FA% (tMl r(r5105 November 21, 1994 AWARDS C0144ITIEE MINUTES THURSDAY, NOVEMBER 17, 1994 The Avarda Committee met on Thursday, November 17, 1994, to receive bid advert iced as BID N0. 9~9F1, RESIDENTIAL AND COMl0?RCL4L COLLECTION AND DISPOSAL OF SOLID WASTE, RECYCLING AND YARD TRASH. Present a[ the bid opening were Co®issloner Aobert G. Weiss, Chairman, City Manager Kim D. Le inbach, Deputy City Manager JSm Jarboe, Public Works Director/Engineer Rpbert S. Kosoy, Assistant to Public Works Director Ernie Beadle, and Purchasing Agent Joan LaVake. Invitations to Bid were mailed co Thirteen (13) prospective bidders as show on the attached Nailing List. All bidders were required to prequalify prior to bidding. Six (b) prospective bidders submitted ptequalifieation information to be reviewed by City staff. Only three (3) of these bidders, JACKSONVILLE WASTE CONTROL, BPI OP FLORIDA, INC., and ALL JAK WASTE SERVICE, me[ prequalification criteria. Bide from these three prequalified bidders rere received and are tabulated on Attachment C of Bob Kosoy's attached ANALYSIS OP SANITATION BIDS. As outlined in [he above ANALYSIS OP SANITATION BIDS, it is [he consensus of the Awards Committee that i[ reco®end to the City Co®iseion [hat it award the bid to the forest prequalified bidder, Jacksonville Waste Control for the longest term of six (6) years. It Se further recommended that City equipment be sold for the appraised price of ;225,420.00, this sum to be submitted to the City prior to comeienc ing work. Respectfully, Joan LaVake, Purchasing Agent Approval vas recommended far award of the for bid to Waste Management sub,j act to successful negotiation of contract and adoption of the neteseary franchise ordinance. ~C%7. a ~'2~ nnnrxwacr NO. 25-94-16 AN OHDINIIHCE OP THE CIS! OF ATLANTIC SEACH, FLOHID71, A7[EmIHO T7IE CODE OF ORDINANCES 8! ADDI>p. 17Dllf 88CTIOH 7:EQDININd A CERTIFICATE O! OCCOPANC! !'OR REaTAL OF pHOpEHq~! TO A NBN TBNANT, REQOIHLI9 T®S HOCH CERTIFICATE SHALL 710! BB I88Dm gNLE88 TEE A777TAL pROPEAT! IS IY CO7D?LIANCE wZTH ALL CITY CODER AND AN! LZn18 DOE THE CIT! AHB PAID. Am PROFIDING AE BFFECTIYE DATE. HE IT ORDAI198D by the City Co®isaion oP the City of Atlantic Beach, Florida: BBCTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby wended by sddiaq a aev section to be nu'bared sac. 24-A7, which section shall read ae follow: •Hee. 24-a7 Cartifiaats e! oaaspana! !er tenaata o1 rental property. A certificate of occupancy mat be obtained for the rental of either residential or coaaercial property by a new tenant. such certificate shall not be issued unlssc the rental property 1a in coaplianoe with all city codes and any liens due the city on said property era paid in full." saertien z. This Ordinance shall take aLPeat U7aediatelY upon its final passage and adoption. PA88m by the City Co7smiasion on first reading this day of 1994. PAEBm by the City Com7tiasion On second and Final reading this day of , 1994. ATTHST: }CfAitSJRE~~ NO Mayor, Presiding Officer Approved ae to fora and correctness: ALAN C. J$liSEN, ESQQIRE City Attorney C v JJ oRDIRaNCB 80. 80-94-54 aN OaDIDDINCB O! T88 CITS OF aTLl1aSZC BII~CH, PLOBIDa, aYII/D1B6 SBC. 22-i{ OF TRS CODB O! aaDraaxcaB BY aDDiae a Nsa BoBSacrzos so PaoBlBls rea asaas o! xarsA ssavlca FOiY aBRraL Faaraariss oiuaes su asasaL paoPBRS7t Is IN ooaPLraaas wlsH aii. cisz coDas aim at: tz~ Dos r~ elr: aaa lalB, am saovrDlNa ar sFlBOSivi Rasa. 88 IT CIDiLtID by the city Coaaiuion of the City of Atlantic Beach, Floridan eSI1TI0t i. sec. 22-16 of the Code oP Ordinances of the City of atlantio Beach, Florida, is hereby aaended by adding a ne>. subsection (b), shish subsection shall read as follows •aes. 22-1{ application iar ester sesvioe. (a) It shall be mslatdul for say person to use city eater rithout first asking applioatiws in srritiaq to the city far servioa at last forty-sight (48) hours before the service sa desired and paying all charges incident to the application. The appliaatiom shall be Wads on forces furnished by the city and shall aonstitate an agraeaent by the consaaer with the city to ebida by the rules of tbs city 7.n regard to its service of eater. applioationa for servioa requested by Liras, partnarahips, associa- tions and corporations shall ba tendered oalp by their Qalp authorised agents, and the oMiaial title of the aqe~ shall be shoes an the applioaticn. 8actiea s. This Ordinance ~sall take affect iaaediately npoa its final passage and adoption. PaBBID by the city Coaaission on first reading this day oP , 199{. PaasID by the City Coseission on second and final reading this _ day of , 199{. A1TE9Ts NAIIREIDP RING LYIOIP T. FLSPCBIDt City Clerk Nayar, Presiding Oftiear approved as to fora and correctness: aLaN C. JFASBN, ESQIIIIiB . City Attarnay l~ /.~ day pA88BD by the City Commission on first reading this of Novambar, 1994. pA88ED by the C1ty Com~isaion on final reading thin day of December, 1996. ATT83T: LYMAN T. PLBTCHSR, Mayor NAURBPN RING City clerk Approved as to form and correatneem: ALAN C. Jffi73 , ESQDIRS City Attorney n ........, .... _w..a-..~. ._. _...r.. nnnTNAwcE NO. 10-94-19 AN ORDINANCE OF THB CITY OF ATLANTIC HEACH• FLORIDA, AMENDING BEC. 3-il OF THE CODS OF ORDINAliCEB TO ALLOM CONEONPTION OF HEER AHD WINE OH PDBLZC PROPERTY KITH PER11I8820N PROM THE CITY NANA68R, 88TAHLIBHZNG TIME LIMITS FOR BIICH CONELIIIPTION, AND PROVIDZN6 AH EFFECTIVE DBTE. SS IT ORDAINED by the City Commission of the City of Atlantic Heath, Florida: HECTION 1. Sec. 3-11 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: ^sac. 3-11 Coaa®ptioa, posseseioa of open aontaiaez upon pubiio property. rt shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city, or for any person to be in poscession of an open container of an alcoholic beverage upon the publia properties within the city. Such public property shall include, but not be limited to, roafls, streets, highways, parks and the ocean beach. ~ No alcoh ~ shall be conau+_nad out of doors in Ouhlic Dark areas. Bactioa 2. This Ordinance chall take effect immediately upon its final passage and adoption. ~b l.li m~^ ~^ r and vine must be Mesa than t_valve Qp.~nenr (1211 alcohol content. jgy All oub~ic consumo ion of bear and wine upon ^ «v orooerries as oermitted hereunder shall end no later than 11.00 D.m. wastewater disposal facility must be permitted and inapecCed by the Ci[y Building Department. Section 4. Sec. 22-92 is added to Chap[erFlozidatto read as Ordinances of the City of Atlantic Beach, follows: A[ such time as private Onsite Sewage Disposal System fails, as defined in Sec. 22-90 of this article, a written report Atlantic Beachbvithin aeveno(1)adayav ofeeuch failureY of Section 5. :his Ordinance shall Cake effect immed ia[ely upon its final passage and adoption. PASSED by Che City Commies ion on first reading this day of , 1994. PASSED by the City Commission ov1994ond and final reeding this day of Lyman T. Fletcher riayor, Preaid ing Officer ATTEST: Maureen Ring, CMC Approved ae to form and correctness: Alan C. Jensen, Enquire City Attorney OHDINANCH N0. BO-94-53 AN OEDINANCE OP THE CITY OP ATLANTIC BEACH, FLORIDA, AMHNDINC CHAPTER 22 OP THE CODE OF OHDINAHCES, OTILITIHS, BY AMENDING SEC. 22-90 ADDING FOB PAILDHH OF AN ONSITH SEVAGE DISPOSAL SYSTEM AND DEPINIHG FAILUBH, SEC. 22-92 ADDING A NEPOHTIHG HHQOINHNHHi POH A PAILED OeSIT6 SHVAGH DISPOSAL SYSTEM, SEC. 22-91 6EQDIHED FEHMITTING AHD INSPECTION, AND SEC. 22-79. BB IT OYDAIHED by the City Commission of Atlantic Beach, Florida: Section 1. Add [o Sec. 22-79 The requirement [o hook up [o the City's sever system will no[ be required of property owners who began paying an assessment for sewer lines before December 1, 1994, unless their septic systems fail. Se r.t ion 2. Sec. 22-90 of Chapter 22 of [he Cade of Ordinances of the City of Atlantic Beach, Plorida, is hereby amended to read as follows: Sec. 22-90. Connection to public severe; fallnre, cleaning and filling. At such time as a public sever becomes available to a property served by a private vastevater disposal system (Onsite Sewage Disposal System), as provided in section 22-89, or when a failure of ea id Onsite Sewage Disposal System occurs the property owner shall be no[if ied by the City [ha[ a direct connection shall be made [o [he public sever within ninety (90) days in compliance with this article; and any septic tanks, cesspools, and similar private vastevater disposal facilities shall be cleaned of sludge and filled with suitable material. The requirement [o hook-up to the City's sever system will no[ be required of property owners who began paying an assessment for sever lines before December 1, 1994 unless their septic system fails. Palluie 16 def lased H6 a condition ezisCing within an One1Ce sewage disposal system which prohibits the system from functioning in a sanitary manner and which may result io the discharge of untreated or partially treated vastevater onto ground surface, Into surface eater, into ground water or which may result Sn failure of building plumbing to discharge properly. Section 3. Sec. 22-91 Maintenance The Owner shall operate and maintain the private vastevater disposal fac111ties in a sanitary manner at all times at no 5~ CITY OF - ~Gt4(s ~Balutimt BO. 9d-50 k6Be6A6, Banty M. Ccok, es Clark of the Court for DuYal COUnty. Ploiida, hq aada a Do11cy of aervioe end oonvenfence to thoq citizana Deyinq treffie oitations et his offip; and offl Xa°ry Y. Cook, since 1968, has oyerod sis gtallite throughout Duval County, vh1°tt hq qdo ~y unDlaesant tank of Doping trefftc citations et lget gsiaz; and Y!~ Bgry W. Cook, has otflp at 33 ~Sa11f1tA Oi1w Ln Atlantic~~ o +ooNN satellite need for 6saches rasidgts to Bross the I~• N1Oa obvletq the Day traffic citations. aeoestal Matarasy to ~• TBBR6fORe, BB IT B6BOLV6D BY TBB CITY COMIISSIp1 OF T66 CITY OF ATLA6TIC BEACH: effortBCTION 1. That Ths City Coseission eppreCiat won [oq hL Sand to tha~COUn ~ Cook, en0 liras tM added burden of trawl for ~ °t DYI'al for~redi~r'g fS3Gi drive into Jeckaom.illo to WatlMS ci Tizgs vhp fonssrly ngdad io pay treffie citations, fiBCTION 2. _ aad aDDrociation bs sp:yaa upon the offlnfol lotion of recognition Atientio Bsaoh, qd s °srtltisd ai+~Y~~~ ~ ty of N. Cook, to the Oftip of the ~ ot~thsf Cit7 0! Jaolomsil~ls, aM to our siogr eftiq of Baldsln, Jaakaoav111s !aaN, am wpiimo pooh. _ Ploride, eta®ab26t~h ~ o ~laalon of the CStp of Atlantic wa~•Ji, Hovoabsr, 199d. LYeen T. P etCJrr, Mayor tovq M. fiuzenns 6tblghnasap, glonar J. Da Molars, II2, q c. w glona~ yb -~ 4 A»N Page 2 -Attachment A 1. AHERN TO 2ND ST.~SALTAIR $284,227 (SM-A @ SM-D) 2. TH.H1D TO 5TH ST. 773y51 (SM-B) 3. 6TH TO 8TH ST. 547,007 (S11f-C) 4. PLAZA TO 11TH ST. 1,071,423 (SM-!7 5. 11TH. ST. TO CLUB DR 193y80 (SM-1~ 6. CLUB DR TO SATURIBA 250,000' (SM-G) (1,111,3u) TOTAL $3,120,588 *StaQ tteammendstion ATTACHMENTA TO RESOLUTION 94-49 FIVE YEAR WATER AND SEWER CAPITAL OUTLAY ESTIMATE' (All Revenue Comes from Utility Paymerds) (No new increase will be proposed to fund these projects) Additional Needed Over New (2,000,000 Approved In FY 94195 Budget _ PRIORITY A. WATER CAP17AL0(li1AY Majot Pry; Water Trunk & Loop 51,250,000 i Water Main Install. AB 700,000 1 . Distrib. Sya. Mayport Rd. BUC 200,000 2 Water Mains Oak Harb. 500,000 2 . Land for Water Tower AB 150,000 3 Water Tank AB 375,000 3 . City Meters A8 50.000 a . Meter Replacements - AB 8 BUC 208,000 4 . Beach Ave. Water 337,293 5 . Conosbn ReduA. WTP1 AB 30.000 6 . CoMirgenq (70%) 380.029 Subtotal 4,180,322 B. SEWER CAPITAL OSIiLAY Maj(7LProieUa: . Sewer Plant (add onj AB 800.000 1 . Wetvvell (add on) 100.000 1 . 0.75 M1,,0 Expand. BUC 1,115.000 1 . Sewer Main Rehab. AB 2,804.500 2 . Sewer Main Rehab. Bl1C 600,000 2 . Buc. Lift Station 120,000 3 . Park SL Lift Station AB 15,000 4 . Stewart St. UR Station AB 15,000 4 . Beach Ave. Sewer 456,!115 5 . Force Mains at Plant AB 150,000 6 . Comingenq (10%) 577.832 Subtotal 8,353,947 MAJOR WATER 6 SEWER PROJECTS TWaI f10.534.289 Othat. Sludge Management (Reserve Cont.) f1,500.000 Buc. Generator (W WtP) (Operating) f110,000 StarMby Lill Sta. Gen. BUC (Operating) (40,000 ' Estimate based on Stag and Water and Sewer Grvnmibee nev'rew RESOLUTION 94-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA IDENTIFYWG NEEDED WATER, SEWER AND STORM WATER PROJECTS FOR THE REPAIR, EXPANSION AND REPLACEMENT OF TIIE CITY'S EXISTWG SYSTEM. WHEREAS, the receet storm water ronotf oe several accesioes bas adversely aRecled reshtentisl aed dty property is the City at Allsatk Beacb, and WHEREAS, the City of Atlantk Beech has commissioned and received a storm water study [o Weellfy Deeded storm water drainage improvemeets within tbe City, and WHEREAS, the need for repairs of the Atlsntk Beech Water aed Sewer System are increasing, aed WHEREAS, the City of Atlaetk Beach's Water and Sewn Committee and Staff have over tbe past tour ynrs ideeti6ed seeded expaesioe, repbrcemmt aed repair of tbe City's Water sad Sower System, aed NOW THEREFORE BE IT RESOLVED BY THE CITY COMMLSSION OF THE C[TY OF ATLANTIC BEACH, FLORIDA. AS FOLLOWS: SECTION 1. The City Commissioe idmtilks aed reeognvss the ergmt °aed for impkmmtatbe tbe li4 of water, sewer aed dorm water projeds glum m Atteehmmt A of this resolalion. SECTION 2. The City Commission desires [hat tbe tmidiag of these ProP~ Pro1~s wW be based w Ceueehsg which wBl use Daly the erdstieg approval revmae streams aed col new u: or rate ieereases T< M~wBI be fondal d~~ for aB of tbe projects idmti[kd io Attachment A, the projeeiv 67 P~7 based on lbe aveibbk reveeae. SECTION 3. The City Mamger is dimted to move forward io seeping s Fimndal advisor for the Coetmission's seketbn. The Fioaadal Advfsor wiB be mpoosibk [or reeommendmg eo the Commission tbe best way to flounce the Projects in Attachment A through the City's esktisg approved revmoe atresms The Fhuedal Advisor sekcted wiB, as part of hk coetrad with the City, teedve no financial beoeHt or proM from any Proposed funding sources related to this arotrxN. Adopted by the City Commission of Allaelie Beach this the day of November, 1994 Approved as to form and correctness: ATTESTE Aloe C. Jensen, City Attorney Lyman T. Fktcher, Mayor/Presidfeg ORker Maorem Kieg, Cky Ckrir / Qi h. Indemnify and hold the City 6armlese from any and all claims, damages, causes of action, and the like, including any coats or attorney's Fees incurred by the City. i. Allor no discrimination based on race, sex, age, religion, national origin, disability or otherrise. 4. Special conditions. Renter shall provide City a certificate of insurance specifying the exact coverage and naming the CSty as additional insured. Renter chall be responsible for Renter's furoiehinga and maintaining the premises in a neat and clean condition. No alterations are to be ^ade to the public facility rithout the ezpreseed rri[ten consent of the City Manager and any coats are Co be borne solely by the Renter. 5. This agreement secs forth [he entire agreement and understanding betreen the parties and there are no other agteements or understandings except as set forth here Sn. IN WITNESS WEEREDF, the parties have hereto set their hands and official aeale a[ Atlantic Beach, Duval County, Plorida, on the date aei forth above. CITY OF ATLANTIC BEACH By Rim D. Leinbach, City Manager Approved as to form and legal suf Efelency Alan Cam. Jemeen, Eeq.. Ciiy Attorney ~ti ///.~ ~ ~.'~ ~~. Gam. R ter CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into [hfs 199 by and be[veen the CITY OFF ATLANTICfBEACH, FLORZDp a municipal corporation (hereinafter referred to as "City"), and Habitat for Humanity of [he Jacksonville Beaches, Inc. of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires [o use the Atlantic Beach public facility known as Che Adele Grage Community Center, office no. 5 b 7, for a period of [valve (12) months, and St is therefore AGREED as follows: 1• City agrees to rent to Renter the Atlantic Beach public facility known as the Adele Crags Community Center, office no. 5 S 7, from October 1, 1994 to September 30, 1995. 2• Renter, in exchange for [he use of the above described public facility aha 11 pay to the City a fee of N/A. No fee will be charged if the public facility is to be used for a non-prof![ use, unless this agreement is for a long contract and, in that event, any fee shall be negotiated with Che City Hanager of Atlantic Beach. 3• Renter shall comply and agrees to be bound by the following terms and conditions: a. Payment to the City of a 150.00 refundable security-cleaning deposit, which aha 11 be paid prior to use of the public facility. b. There shall be no use of alcoholic beverages of any kind on City property, including public fac111Ciea. c• No fees or admission coats shall be charged [o the public unless approved in writing by the C1[y Manager of Atlantic Beach. of fees or admieaionencosta Ctoy Cheagpubli~roveB [allowed glln subparagraph c. above, then Renter shall furnish [he City with n current financial statement prior [o its use of the public facility. e. Insure compliance with all city, state and federal laws. f• Provide insurance as specified and required by the Cf[y Manager of Atlantic Beach. 8• Comply with all special conditions as set forth below. h. Indemnify and hold the Lity hareleas from any and all claims, damages, csuaes of action, and the like, including any costa or attorney's fees incurred by [he Ci[y. i. Allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. 4. Special condi[ioas. Renter shall provide City a certificate of insurance epee ifying the enact coverage and naming the C1Cy as additional insured. Renter shall be responsible for all utilities, telephone service, furnishings and maintaining the premises in a neat and clean condition. 5. This agreement sets forth the entire agreement and understanding between the parties and there are no other agreements or understandings except ae set forth herein. IN WITNESS WHEREOF, the parties Gave hereto set [heir hands and official seals at Atlantic Beaeh,~ Duval County, Plorida, on the date ee[ forth above. CITY OF ATLANTIC BEACH By Kis D. Leinbach, City Manager Approved as Co form and legal auff is iency Alan C. J naen, Es , Cf q Attorney ~ nter - _. ._ _...r.._:...crw:daca. .... .... CITY OF ATLANTIC BEACd RENTAL CONTRACT FOR PUBLIC PACILITLES AGREEMENT made and entered into Chia day of 199 by and between the CITY OF ATLANTIC BEACN, FLORIDA, a municipal corporation (hereinafter referred to as "City"), and Y.H.C.A. of Plorida's First Coast of Jacksonville, Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Beech public facility known as the Jack Russell Park Nodular Building for a period of twelve (12) months, and i[ is therefore AGREED ea follows: 1. City agrees to rent to Renter the Atlantic Beach public facility known as the Jack Russell Park Modular Building, from October I, 1994 to September 30, 1995. 2• Renter, in exchange for the use of the above described public facility shall pay to the City a fee of N/q. No fee will be charged if the public facility is to be used for a non-profit use, unless this agreement is for a long contract and, in that even[, any fee shall be negotiated with the CSty Manager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following terms and conditions: a. Payment to the City of a ;50.00 refundable security-cleaning deposit, which shall be paid prior to use of the public facility. b. There shall be no use of alcoholic beverages of any kind on City property, including public facilitie e. c. No fees or admission coats shall be charged to the public unless approved Sn writing by [he City Manager of Atlantic Beach. d. In the even[ the City Manager approves the charging of fees or admission coats to the public, ae alloyed 1n subparagraph c. above, [hen Renter shall furnish [he City with a current financial statement prior to its use of the public facility. e. Insure compliance with all city, state and federal lays. f. Provide insurance as specified and required by the City Manager of Atlantic Beach. g• Comply with all special conditions as set forth below. _. e,rs:..'E.~Sr.-. _.._N. -ru.: yea. :va.. h. Indeanify and hold the City harmless from any and all claims, damages, causes of action, and the like, including any coats or a[t orney'e fees incurred by the CS[y. i. Allow no discrimination based on race, sex, age, religion, national origin, disability or ocherwise. 4. Special conditions. Renter shall provide City a certificate of insurance specifying the exact coverage and naming the City as additional insured. Renter shall be responsible for Renter's furnishings and maintaining the premises in a neat and clean condition. No alterations are [o be made to the public facility without the a:pressed wricten consent of the City Manager and any coats are to be borne solely by the Renter. Renter further agrees to aubm i[ to City schedules for practice sessions, schedules for play, true and correct rooters of children playing (including name, address, telephone number) prior co each season. S. This agreement sets forth the entire agreement and understanding between the parties and there are no other agreements or understandings except ae set forth herein. IN WITNESS VflEREDP, the parties have hereto ee[ their hands and official seals at Atlantic Beach, Duval County, Plorida, on the date set forth above. CITY OF ATLANTIC BEACH By Rim D. Leinbach, City Manager Approved as to form and legal sufficiency A'l a n\C. Jensen, E C --At orney l~ Renter r CITY OF ATLANTIC 9EACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into this 199 day of by and between the CITY OF ATLANTIC BEACH, PLORIDA, a municipal corporation (hereinafter referred to as "Ci[ Atlantic Beach Athletic Association of Atlantic Beach,yFiorida (herein referred to as "Renter"). Renter desires to use [he Atlantic Beach public facility known ae the Jack Russell Park ball diamonds for a period of twelve (12) months, and i[ is therefore AGREED ae follows; 1. City agrees to rent to Renter the Atlantic Beach public facility knorn as the Jack Ruaeell Park 6a11 diamonds, from October 1, 1994 to September 30, 1995. 2• Reuter, in exchange for the use of the above described public facility shall pay to the City a fee of N/A. No fee will be charged if the publie facility is to be used for a non-profit use, unless this agreement ie far a long covtract and, in that event, any fee shall be negotiated with the City Manager of Atlantic Beach. 3. Reuter shall comply and agrees to be bound by the folloring terms and conditions: a• Payment to the City of a 550.00 refundable security-cleaning deposit, vhieh shall be paid prior to use of the public facility. b. There shall be no use of alcoholic beverages of any kind on City property, including public facilltio. s. c. No fees or admission costs shall be charged to the public anises approved in writing by the CI[y Manager of Atlav[1c beach. d. In the even[ the City Manager approves toe charging of fees oz admission costs [o the public, as allowed in subparagraph c. above, Chen Renter shall furnish the City with a current financial statement prior to its use of the public facility. e• Insure compliance with all city, scats and federal laws. f. Provide insurance ae epecif ied and required by [he City Manager of Atlantic Beach. g• Comply with all special conditions as set forth below. f. The CiCy will provide insurance coverage for the individual events and performances conducted in City facilities. However, such coverage does not accrue to ABET or its Board beyond the scope of those artivities in City facilities, or the limits of the City's insurance coverage. g. Comply with all special conditions as set forth below. h. Indemnify and hold [he City harmless from any and all claims, damages, tauaea of action, aed the like, including any costs or attorney's fees incurred by [he City. i. Allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. 4. SPECIAL CONDITIONS. The CiCy eha 11 provide the fac111[ies at the Adele Grage Community Center in good condition and shall maintain and make any necessary repairs ae may be needed to said facility. ABET shall make no changes, modifications or replacements to the facility without the express written consent of the CS[y Manager or his authorized designee. The monthly fee ae noted in 2 above shall be used towards the provision of insurance by the City se delineated in 3.f above. 5. This agreement seta forth Che entire agreement and understanding betreen the parties and [here are no other agreements or understandings ezcept as set forth herein. IN WITNESS NBEREOF, the parties have hereto set their henda and official seals at Atlantic Beach, Duval County, Florida, on the date set forth above. CITY OF ATLANTIC BEACH By Kim D. Leinbech, City Manager Approved as to form and legal euffleieney n C. Jensen, Esq., City Attorney nter .... .. -...r.........r..._.. .,, _..-w....a CITY OF ATLANTIC BEACH RENTAL CONTRACT POR PUBLIC FACILITIES AGREEMENT made and entered into this day of 199 by and between the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "C1t Atlantic Beach Experimental Theatre, Inc, of Atlantlc"Beacha Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Basch public facility, front lobby area and two ad3acenc offices (former City Managers Secretary's Office and former Parka E Recreation Directors Off ice) known as t he Adele Grage Community Center for a period of twelve (12) months, and i[ is therefore AGREED as follows: I• City agrees to rent to Renter the Atlantic Beach public facility known as the Adele Crags Community Center (former City Managers Secretary's Office and former Parka d Recreation Directors Office) from Oetober 1, 1994 to September 30, 1995. 2. Renter, in exchange for [he use of the above described public facility shall pay to the City a fee of ;100 per man[h. No tee will be charged if the public facility is [o be used for a non-profit use, unless this agreement is for a long contract and, in that even[, any fee shall be negotiated with the CS[y Manager of Atlantic Beach. 3. Reuter shall comply and agrees tv be bound by the following terms and conditions: a• Payaent to the City of a ;50.00 refundable security-cleaning deposit, which shall be paid prior to use of [he public facility. b. There shall be no use of alcoholic beverages of any kind on City properly, including public facilities unleae specifically approved as provided by the Atlantic Beech Municipal Code. c. No fees or admission costa shall be charged to [he public unleae approved in writing by the City Manager of Atlantic Beach. d. In [he event [he City Manager approves the charging of fees or admission costs [o the public, ae allowed in subparagraph c. above, then Renter shall furnish the City with a current financial statement prior to Sts use of [he public facility. e. Incur? compliance with all city, state and federal lave. ~W .,_ ... ,.~,..~_xa.. Page Fourteen - Minutes November 14, 1994 Mayor Fletcher reported the Teen Council would hold ire first meeting on Tuesday, November 22, 1994 at 7:00 p.m. and he asked the City Clerk to send notices. Mayor Fletcher announced there would be a public hearing of the Department of Transportation relative to a Five Year Work Program, Tuesday, November 29, 1994. Commissioner Weies was asked to attend the public hearing. There being no further business the Mayor adjourned the meeting at 12:35 a.m. Lyman T. Fletcher Mayor/Presiding Officer A T T E S T: Maureen King City Clerk NA1~ OF COMMAS. M S V Y V N Page Thirteen - Minutes November 14, 1994 Commissioner Waters indicated it was not his desire to change the ordinance but he proposed inviting the Historical Society to give lectures concerning the history of Atlantic Beach, in return for which the city would pay a fee of 51,500 or 51,000. In this way, Commissioner Waters added, the city would benefit and the Beaches Historic Society could use the funds in any way it deemed appropriate. Commissioner Waters suggested this matter be taken up at a future workshop. Commissioner Shaughnessy distributed an engineering report she received from the Florida League of Cities on the affect of sewage disposal. systems on the environment. Commissioner Shaughnessy indicated she would like a review of the Comprehensive Plan. Commissioner Shaughnessy reported she had recently rode as an observer with the Fire Department. She commended the Fire Department for their daily performance at work. Commissioner Rosenbloom referred to a contribution that was made to the fireworks display at Jacksonville Beach, and he inquired how this was accomplished. It was explained since this was not a charitable cause the commission was able to vote to participate in its cost. Commissioner Rosenbloom indicated his desire to make a contribution to the Beaches Historical Society. Alan Jensen indicated he would research the matter and report back. Commissioner Rosenbloom inquired as to the method of placing items on the agenda. Mayor Fletcher advised this was discussed at a recent workshop session. He suggested perhaps an amendment to the administrative code could be made at some future time. He indicated it was decided at the workshop session that if an item was placed on the agenda, it could be taken off only by the originator of the agenda item. Commissioner Waters indicated the Northeast Florida League Christmas Buffet would be held at Timuquana on December 1, 1994 at 6:30 p.m. He suggested inviting retirees or employees of the month to these dinners, at city expense if possible. Commissioner Waters felt the Commission should control the agenda. NAME OF COMMAS. M S V Y V N V V Page Twelve - Minutes NAMO: OF November 14, 1994 COMIAiS. M 5 Y N Cynthia Corey inquired as to the reorganization plans and the City Manager explained how the new system would operate. The question was called and the motion carried unanimously. h. Authorize execution of contract with Architect Michael Dunlap for professional services in connection with the design of anew activity building is Dogger Park (this was acted on earlier in the agenda) 8 City Manager Reports-and/or Correspondence: xim Leinbach distributed the Financial Report for the month of October. Mr. Leinbach indicated the lifeguards of the City of Atlantic Beach had received from the United States Lifesaving Association an Advance Lifeguard Agency Certification. Mr. Leinbach indicated this was a reason to be proud of the lifeguards of Atlantic Beach as only two groups in the State of Florida had reached this certification. Mr. Leinbach advised that through UNF a group of foreign government officials would be visiting our city on December 5, 1994 and would be attending staff meetings and commission meetings. 9 Reports and/or requests from City Co®issipners. Citv Attornev and Citv Clerk• a. City Attorney to report on his discussions with Alice Richardson relative to proposed property acquisition. Alan Jensen reported the asking price was 5150,000, and estimate for cost of an appraisal was approximately 5400 in addition to a survey. Assessed value was between S90,000 and S100,000. b. City Attorney to report relative to request for donation to the Beaches Historic Society to offset the cost of constructing a structure to protect the recently restored train engine- Mr. Jensen reported the city's ordinance code prohibited using city funds and bed tax money would be considered city funds. Unless the ordinance was changed a donation could not be made to the Beaches Historic Society. Page Eleven - Minutes November 14, 1994 The question was called and the motion carried unanimously. f. Approval of Part B through Part D of Gee fi Jensen's proposal dated July 13, 1994, for professional engineering services to complete the master plan for Atlantic Beach water Distribution System Analysis Bob Kosoy reported Part A of the Master Plan for the water distribution system was completed during the summer of 1994. The work consisted of extensive hydrant testing by the Design Engineer and City forces. Mr. Kosoy explained, the city needed to continue the Master Plan to verify the proper sizing of water mains for present and future projects. The tasks needed to complete the Master Plan were outlined in Parts B, C, G, of the proposal dated July 13, 1994 (proposal attached herewith and made a part hereof - Exhibit c). It was advised proposed total cost was 531,618.40. Staff advised funds were available from Capital Improvement Fund. Motion: Approve Part B through Part D of Gee and Jepson's proposal for Professional Engineering Services to complete the Master Plan at a proposed total cost of 531,616.40 The question was called and the motion carried unanimously. g. Approval of the recommendation of the City Manager to reorganize the Parks 6 Recreation Department (Rim Leinbach) Kim Leinbach indicated the concept was to divide the responsibilities of parks and recreation activities (proposal attached herewith and made a part hereof - Exhibit d). He proposed upgrading o£ a current, vacant position to one entitled Parks Department Division Chief. This individual would be responsible for all parks and assigned city rights-of-way maintenance and would report to the Public Works Director. The Recreation Director would be responsible for the usage of the parks and would report directly to the City Manager. Motion: Approve reorganization of Parks fi Recreation Department according to attached proposal dated November 2, 1994 - (Exhibit d) NAME OF COMMRS. M S V Y V N ROSENBLOOM X x S}IAUGSNESSY x WATERS X uelss x x FLETCRER X ROSE.`78LODM X X SRAUGBNESSY X WATERS X x WEISS x FLETCHER R Page Ten - Minutes November 14, 1994 NAME OF COMMFIS. M S V Y V N project, it would be in violation of state requirements and would incur additional permitting fees. RDSENBLODM X Motion: Approve additional design work for Water SBAUGBNESSY X Treatment Plant No. 3, Assisi Lane, for a total not WATERS X X to exceed S8,150.00 WEISS x X PLETCHBR X No discussion before the vote. The motion carried unanimously. Item 7h was taken out of sequence and acted upon. h. Authorize execution of contract with Architect Michael Dunlap for professional services in connection with the design of a new activity building in Donner Park (Kim Leinbach) AOSENBLOOH X Motion: Approve execution of contract with SBAUGBNESSY x % Architect Michael Dunlap for professional services WATERS x in connection with the design of a nev activity WEISS X X building in Donner Park PLETCBER % It was explained that Michael Dunlap felt the estimated project budget of 590,000 was inadequate to fund the work and that he recommended the scope of the work be reduced or additional funds secured. Commissioner Shaughnessy felt that the Commission indicated their desire to have a modest building. Commissioner Waters lnquired if Alan Jensen had reviewed the contract, to which Mr. Jensen explained the City Manager made a standard practice of provlding him with copies of all contracts for review. Ne indicated the contract under discussed had been reviewed and was a standard contract. Under discussion it was agreed that Gail Baker should be included in the process as she had knowledge as to the needs and uses of the facility. When asked for a ballpark figure Mr. Dunlap indicated a ballpark figure from S140,000 to 5160,000. The Commission indicated their desire to have a building that would please everyone, but they preferred not to increase the projected budget of 590,000 for the project. Following discussion during which time Mr. Dunlap outlined several avenues that could be used to trim costs, the commission asked Mr. Dunlap to report back to them relative to construction of a building that would fit the budget of 590,000.00. Page Nine - Minutes November 14, 1999 effective October 1, 1994, followed by placing the non- union employees into that step most closely reflecting their current rate of pay, but no less than 1$. Motion: Approve new pay plan for non-union general employees as set forth in recommended plan attached Under discussion, Commissioner Haters suggested setting October 1, 1994 as the anniversary date for payroll purposes for all employees. A discussion ensued during which time several city employees indicated their desire to have evaluations performed on their anniversary date. It was felt more time could be given to individuals who were being evaluated if evaluations were spread out during the year, rather than everyone being evaluated at the same time. It was decided evaluations could be performed on anniversary dates, but increases in salary would be effective October 1st for all non-union employees. Motion: Change Anniversary date for payroll purposes for all non-union employees to October 1st The question was called and the vote resulted in 3-2 with Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion carried. Motion: Approve new pay plan for non-union general employees as set forth in recommended plan attached, as amended. No discussion before the vote. The motion carried unanimously. d. Approval of contracts for use of city facilities (Rim Leinbach) Mayor Fletcher explained William Gulliford was out of town and had requested that the matter be deferred until November 28, 1994. It was agreed to defer discussion of all contracts until November 28, 1999. e. Authorize entering into agreement with Sims Design Consultants, Inc. for additional design work at Water Plant No. 3 on Assisi Lane (Bob Kosoy) Bob Rosoy explained fees for providing design docwoents for improvements at Water Plant No. 3, were negotiated for a total not to exceed 58,150.00. He explained if the city did not do these improvements as part of the NAME OF COMMAS. M S V Y V N SFIAUCHNESSY X WATERS X ROSENBLOON I X SHAUCBNESSY x x WATERS X X WEISS X FLETCRER X ROSENBLOON X SBAUCHNESSY X X WATERS X WEISS X X PLETCHER X Page Eight - Minutes November 14, 1994 7. New Buainesa• a. Public hearing on an application for Use by Exception for contractor's office (George Worley) George Worley, City Planner, explained the Use-by- Exception was for a contractor's office of Richard A. Hightower, Hightower Grouting Services, Inc., at 645 Mayport Road. Tye Community Development Board found that this business fit the category of low intensity service per section 24-109(c)(4). No equipment or material storage would take place at this address. It was found that this business was compatible with the intentions of Section 109 and with the other existing businesses at the proposed location. The Board recommended approval of the exception to the applicant personally and only at the specified address. Motion: Approve granting of Use-by-Exception to Richard A. Hightower, Hightower Grouting Services, Inc., 645 Nayport Road, to operate a contractor's office. Approval granted to Richard A. Hightower, only, and only at 645 Nayport Road. The question was called and the motion carried unanimously. b. Ratification of union contract with public works employees bargaining unit (Kin Leinbach) Kim Leinbach, City Manager, presented the ratification of the union contract with public works employees. Motion: Approve ratification of union contract with public works employees bargaining unit, Northeast Florida Public Faployees' Local 630 for the period October 1, 1994 through Septeober 30, 1997 No discussion before the vote. The motion carried unanimously. c. Approval of new pay plan for non-union general employees (Kim Leinbach) Kim Leinbach recommended adopting a salary step plan similar to those provided to the city's collective bargaining units (recommended plan dated November 10, 1994 attached herewith and made a part hereof - Exhibit b). It was explained the plan maintained the same pay range previously established, but provided 3$ steps therein. A 28 cost-of-living increase could be granted NAME OF COMMRS. M S V Y V N RosERELaoN x x SNAUG~iESSY % % WATERS X WEISS % FLETCFIER Y ROSENRL004 % SHAUGBNESSY x % WATERS % % WEISS E FLETCBER 8 Page Seven - Minutes November 7d iooe Rosenbloom felt that wetlands would be a maintenance liability to the city. A discussion ensued es to whether or not the Community Development Board should have been present to which Alan Jensen, City Attorney, explained the Board made their recommendation and the commission had received the findings, and he indicated the board should not have to attend the commission meeting to defend their findings. He further explained it was necessary for the co®ission to act on the application before them. He explained all the property around the area under discussion was zoned OR. when Selva Linkside was developed it was changed to Residential. He explained the proposed zoning would be consistent with the comprehensive plan, and he indicated traffic and density were considered when the comprehensive plan was developed. He added he did not have any authority to take sworn oaths. This was a quasi-judicial proceeding, he explained. The question was called on the motion to deny the zoning request and the vote resulted in 4-1 with Commissioner Weise voting nay. The motion carried. b. Ordinance No. 80-94-53 - First Reading Mayor Fletcher presented in full, in writing Ordinance No. 80-99-53. AN ORDINANCE OF THE CITY OP ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES, UTILITIES, BY AMENDING SEC. 22-90 ADDING POR FAILURE OF AN ONSITE SEWAGE DISPOSAL SYSTEM AND DEFINING FAILURE, SEC. 22-92 ADDING A REPORTING REQUIREMENT FOR A FAILED ONSITE SEWAGE DISPOSAL SYSTEM, AND 22-91 REQUIRED PERMITTING AND INSPECTION. Jim Jarboe explained Cortunissioners Weiss and Waters met under the Sunshine Law for the purpose of clarifying the ordinance. An amended version was distributed at the meeting and it was explained the commission would be voting on the new version. Motion: approve passage of Ordinance No. 80-94-53 as amended, on first reading, and set public hearing for November 26, 1994 COFA4iS. I M I S I Y I N ROSENSLOOM Y SRAUGHNESSY Y WATERS X Y wElss x x FLETCBER Y The question was called and the motion carried unanimously. Page Six - Minutes November 14, 1994 Lucas, representing Narbour Springs Development, explained it was not the intent of the developer to develop the wetlands. When asked what facts the Community Development board used when they made their decision, George Worley, City Planner, explained the Community Development Board did not have to act in a quasi-judicial manner, and that staff did not make a recommendation regarding approval or disapproval of the rezoning. Since no one wished to speak further the Mayor closed the public hearing. Notion: Approve passage of Ordinance No. 90-9d-162 to rezone property from OR to RS-1 Motion died for lack of a second. Nction: Deay passage of Ordinance No. 90-94-162 to rezone property fro. OR to RS-1 Commissioner Waters felt since this was aquasi-judicial hearing statements should have been taken under oath and the City Attorney should have taken sworn testimony. Commissioner Waters felt the proposed rezoning and development adversely affected a previous PUD which had been directed and finally accepted by previous commissions. He felt it would increase residential traffic, population, and housing in the existing PUD which was never previously addressed by city commissions since the Selva Linkside Partnership developed the aces known as Selva Linkside. He also felt there was a posted sign on the property indicating that it would not be developed, and, in view of that, be felt that Selve Linkside property owners should be given input into the final determination of this rezoning. He indicated there was two homeowners' associations which had allowed homes substantially different fFOm those in Phase I to be built in Phase II. He urged commissioners to vote against the rezoning. Commissioner Weiss felt that facts had not been presented that would be grounds to deny the rezoning request. He suggested that homeowners should have bought the property to insure it would not be changed. Mayor Fletcher felt there were drainage problems and traffic problems in the city and development might negatively impact those problems. Commissioner NAME OF COMFOIS. M S V Y V N wEISS X ROSENBLOON K SFIAUGNNESSY Y % MATERS X K WEISS g PLETCBER % Page Five - Minutes NAME OF V V November 14, 1994 COMMAS. M S Y N 2 AND 3, SECTION 16, AND LOTS 1 AND 5, SECTION 17, ALSO KNOWN AS RE#172027-0100, FROM OR, OPEN RURAL TO RS-1 SINGLE FAMILY RESIDENTIAL; AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing ordinance No. 90-94-162, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Bill Noe, 599 Atlantic Boulevard, Suite 6, indicated he was the Attorney represented Selva Linkaida Partnership, the owners of the property. Ha pointed out in this matter the commission would act in a quasi-judicial capacity. He explained all adjacent subdivisions at one time were zoned "OR." He explained three acres of land were high and dry and Selva Linkside was asking that the three acres be rezoned to allow the construction of six single family homes. He further explained four acres would be donated to the city by Selva Linkside. He indicated the Department of Environmental Protection and the Corps of Engineers would monitor the building of the Proposed homes, and that the land use would Eit into the comprehensive plan of the city. He felt if the city denied the rezoning St would bean unjust taking of his client's land. Following Mr. Noe's comments, residents June Morris, President, Selva Linkside Unit 1 Homeowners Association, Peter Fantegrossi, 1132 Linkside Drive, Kaycee Tusher, 1109 E. Linkside Court, Jerome Sternberg, Jr., 1244 Linkside Drive, Roy A. Lundquist, 511 Selva Lakes Circle, and George Ginsburg, 1173 Sandpiper Lane East, introduced themselves and stated their opposition to the rezoning. It was stated residents had been assured by the developers that the property would never be built upon. Concern was expressed that construc*_ion would adversely affect wetlands, and that a lot of trees would be destroyed. It was felt that the proposed development would not have covenants and restrictions similar to adjacen± developments. It was explained by June Morris that petitions opposing the rezoning had previously been submitted. Bill Noe explained covenants and restrictions would be approved by the city. _ Frank Thrower, representing Harbour Springs Development, agreed to utilize the covenants and restrictions of Selva Linkside I. Jim Page Four - Minutes November 14, 1994 that it would best not to seek a financial advisor but to invite Barnett Bank to attend the next commission meeting to discuss the possibility of a loan. The question was called on the motion to delete "priorities" in Section 1, and the vote resulted in all ayes. The motion carried unanimously. Under discussion, it was felt the City Manager had previously received instruction to Beek a financial advisor, but it was felt a decision should be made regarding the projects to- be undertaken before seeking a financial advisor. It was also decided to defer action until November 28, 1994 at which time priorities would be discussed. Motion: Defer action on Resolution 94-49 until November 28, 1994 at which time priorities of prof ecta will be discussed The question was called and the motion carried unanimously. Ann Meuse, Finance Director, advised when a financial advisor was brought in it would be necessary to have a dollar amount decided upon, and that it would only be necessary to have a financial advisor if the dollar amount was large. Alan Potter suggested inviting First Union, Barnett, and American Banks to discuss a possible loan. b. Resolution No. 94-50 - A RESOLUTION OF TBE CITY OF ATLANTIC HEACN, PLORIDA, ENDORSING TBE CONCEPT AND AUTRORIZING FURTID:RR INVESTIGATION INTO THE FEASIBILITY OF CONSTRUCTING A NORLD CLASS AOUATIC CENTER LOCAT® IN JACKSONVILLE BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DRTE. Mayor Fletcher presented in full, in writing, Resolution No. 94-50. Motion: Approve passage of Resolution 94-50 The question was called end the motion carried unanimously. 6. Action of Ordinances: a. Ordinance No. 90-94-162 - Public Rearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOMN AS PART OF IATS NAME OF COMMAS. M S Y Y V N ROSENBLOOM R SBAOG@IESSY R WATERS X X wElss x PLETCBER X X RosENBLDDx a z seABCm~ESSY x uATERS x X UEISS R PLETCBER Z Page Three - Minutes November 14, 1994 resolution was not clear as to where the funds to pay for the projects would be derived. He referred to Section 1 of the Resolution which indicated there was an urgent need for implementation of the list of projects. He felt the projects were essential, but not urgent, and he felt there was no revenue stream to support S13 million dollars of capital improvements. He felt the city should not issue bonds, and that the Barnett Bank loan was a much better method of financing. He did not feel the city needed a financial advisor. Jim Jarboe, Deputy City Manager, indicated staff planned to derive revenue for the projects from utility payments. He explained it would be derelict for staff not to bring to the attention of the city commission, a list of the projects which needed to be undertaken. He added the Finance Director felt the city should hire a financial advisor. He indicated while staff did not authorize projects, it would continue to bring projects to the attention of the commission and that it was staff's duty to do this and to provide its best recommendation. During discussion commissioners agreed the situation needed to be addressed. Confidence in the ability and recommendations of staff was expressed, as well as agreement regarding the need for projects. It was agreed that a financial advisor would be beneficial. It was decided that more discussion should be held concerning the priorities of the projects, as well as funding, and that it would be best to defer action until the meeting of November 28, 1994. Kim Leinbach, City Manager, felt the city's responsibility was to provide citizens with reliable services. He indicated it was upsetting when flooding occurred in someone's backyard. He urged the commission to keep abreast of the situation, and he indicated staff would provide their best professional judgement. He felt at some point the city needed to address the problem. Under discussion, it was felt since the commission might not wish to identify priorities in the same order as indicated on list, that it would be best to delete the word "prioritizes" in Section 1 of the resolution. Motion: Delete "priorities" in Section 1 During discussion it was suggested that since the resolution might be deferred until November 28, 1994, NAME OF COMMAS. M S V Y Y N ROSENBI.OOM X SAAUGNNESSY % X ATERS X ISS X X PLETCNER X Page Two - M11994s November 14, Commissioner Weiss noted that construction v000atHenfelt the month of Otto=behetCi~eandlthat itsindicated growth this was good was occurring. Motion: Approve Consent Agenda No discussion before the vote unanimously. The motion carried 4 Renc nmmitt°ea and/or 8g da. a. Report of Recreation .+.. Cynthia Corey, Chairman of the Recreation Advisory Board, reported members of the Board would share responsibilities relative to planning Christmas Tree lighting ceremonies. It was reported there would be a tree lighting ceremony at Russell Park, Tuesday, December 6, 1994, and there WO December Shr1994 as festivity at Donner Park, Thursday, 5 Action on Resolutions,-'. a, Resolution No. 94 d9 - A RESOLUTION OF THE CITY OF AND~3TORM WATER PRO ¢CTS FOR ITHE NREPAI~R®ERPANSION AND REPLACEMENT OF THE CITY'S E7LISTINC SYSTEM. Mayor Fletcher presented in full, in writing, Resolution No. 94-49. He invited Jim Jarboe, Bob Kosoy, and Public Works staff to present their report relative to the capital improvement projects. Jim Jarboe provided theoCommss(~pY of Resolutionw94e49 sewer, and drainage p j ital and Attachment A - Five Year Water and SewerrtC~r~f Outlay Estimate, attached herewith andomadro k t~ at staff (Exhibit a). He reviewed the scope recommended, and used maps to rovided aandtErnesot Seadlef various sites. A video explained the problems that had Public Works Inspector, been discovered in the sewer system when the lines ha been televised. Mr. Beadle gave his recommendations to correct the problems. A discussion ensued regarding whether it was more economical to replace lines than to patch lines when problems occurred, and it was felt best results would be e lacing lines. vIY CODQ+OiS. I M I S I Y H xlxlx x X X X attained from r p Alan Potter, 374 Second Street, reviewed the projects xnd he felt while it was necessary to do the projects, MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, SOO SEMINOLE ROAD, AT 7:15 PM ON MONDAY, NOVF.IiBER 14, 1994 PRESENT: Lyman T. Fletcher, Mayor Steve Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III Robert G. Weise, Jr. Commissioners AND: Kim D. Leinbach, Cit_v Manager Alan C. Jensen, City__Attorney Ma.. ~....~ e. _ The meeting was called to order by Mayor Fletcher. The invocation was followed by the pledge to the flag. 1. Approval of the sinutg of the reT 1 Qf October 24_ loaaloos *ino Notion: Approve minutes of the r meeting of October 24, 1994 egular unanimously on before the vote. The motion carried 2 Recoonltion of V7 a _ Ruth Gregg, 905 Sailfish Drive, inquired ae to when water lines would be replaced in the Royal Palm Area, to which Jim Jarboe, Deputy City Manager, explained this would be discussed later in the meeting. 3. Conae~t Aam a. Acknowledge receipt of Water 6 Sewer Committee Report No. 22 (Bob Rosoy) b• Ackwowledge receipt of building report for the month of October c• Acknowledge receipt of Code Enforcement report for the month of October d. 1lcimowledge receipt of usage report for the Adele Crage Community Canter for the month of October e. Acknowledge receipt of pension Investaent Report for month of October Commissioner Weise requested that item b be removed from the Consent Agenda. b. Acknowledge receipt of building report for the month of October V V O O T T E E D D M S O E T C I O Y NAME OF O N E N COMMNS. N D S O x x x x x Page 2 AGENDA November 28, 1994 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: a. City Attorney to report relative to request for donation to the Beaches Historic Society to offset the cost of constructing a structure to protect the recently restored train engine Adjournment if any parson decides to appeal any decision made by the City Commission with respect to any matter considered at airy 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 who wishes to speak to the Clty Co•Sesion on any matter at this meeting should submit a request to the City Clerk prior to the meeting. Forms are available at the entrance to the Commission Chambers for your convenience. ATLANTIC BEACH CITY COMMISSION NOVEMBER 28, 1994 AOENOA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the Regular meeting of November 14, 1994 2. Recognition of Visitors 3. Unfinished Business: a. Approval of contracts for use of city facilities (Kim Leinbach) 4. Action of Resolutions: a. Adoption of Resolution No. 94-49 identifying needed water, sewer, and storm water projects for the repair, expansion and replacement of the city's existing system l Jim Jarboe/Bob Kosoy) b. Adoption of Resolution No. 94-50 eapreasing appreciation to Henry Cook, Clerk of the County Court, for opening a satellite office in Atlantic Beach (Comm. Meias) 5. Action of Ordinances: a. Public hearing and final adoption of Ordinance No. 80-94- 53 defining and providing regulations for failed on-site sewage disposal systems b. Introduction and first reading of Ordinance No. 30-94-19 amending Section 3-I1 of the Code of Ordinances to amend the regulations for consumption of beer and wine on public property c. Introduction and first reading of Ordinance No. 80-94-54 to prohibit the start of water service for rental properties unless property is in compliance with all city codes and any liens due the city are paid d. Introduction and first reading of Ordinance No. 25-94-16 requiring the issuance of a Certificate of Occupancy for rental property 6. New Business: a. Award bid for solid waste collection, as specified in Bid No. 9495-1 (Bob Kosoy) 7. City Manager Reports and/or Correspondence: a. Report and/or action on FY 1994/95 Community Oevelopsient Block Grant contract - T': p 9 FgE e a m ~~ 9e~ ~ ~:a i ~e@' ^F! d?i e a Fra ~ ® s"~ ~~ ~a~ ~~ ~ ~Q{Yr¢~e ~~ ~ G SB •!w ~ ~ R ~ s e£ @ 6e~ ~ . A~ ~8e@ ~ ~~ f ~$i Ia i !d ~gg a i~ J 6 ~@ i fti f r F ~_, 9 ~pg .a ~ detR $ E~ ~ EEi a ~ ~ ~ ~S c~ ~ ii ~ a ~ t{ E Q®®®W Cy! [6 ea9e ~S ~~ Z e @W a t t ~ ~ ~~~!@ # €e8~9 89 it e 9, Q € ~ i •E ~ ^ 9 ~~~y°y e QQ ec ~ _ p6 4 ~ e iM ^ 8~~~? i a E Q i = d9 £ ~ e S ~ A ~aJ{ ~ 9 ~ ~~~~ ~ ! E s ~ _= 9 ~ s !a II~~~ t ~ ~ ~ ~a Yz ~sg ~ ~Q 9 EE ~~ 6 J A ! A ~ 71.5.7 The rato alnl mWUpks set Loth lor.lJJinnn~l ATrq~\~ shal LE' annmllc +JilrreJ m ucurWnce whh n.vnul uLrr rc•i. ,. pncnccs of the Archie rt. ARTICLE 12 OTHER CONDrt10NS OR SERVICES le,,..r r~..,lv..., ,y,a.. m.... w..yr Am..~,.w s..,.., ,:.n:.lw .,u.. x,... r.,::,r.«vm,.: ,,.m ...al .......... ... n.~;..~ m.,:,:~r.~.:,; «,...,::..,, :...,:. ::. n,rr :,: rt~..+x.~...~.I Article 4 -Owners Responsibilities Section 4.5 - Survey work shall be linited to a 120' x 200' site area with 120' fronting George Street, at the centerline of Dudley Street. Section 4.6 - Geotechnical work limited to 5) 25' deep soil borings and related reports. Thu Agrecmrnt rntcrcd inlo u of dx day and year first wdnrn above. O`rSER ARCHITECT' ~ ~ / i~ LG~lll~fl~ /Agnumn/ (Siywm~ Mr. Rim Leinbach City Manager City of Atlantic Beach Michael Dunlap Architect /FnneN mme u.w mlrr /Yowl nmrr m.a rmrr Tlli •Y~VS~ e:~l • ovvEX AiUlfiFf.T AbI1EEVE]T . ir} RTFE\TI (pf}In;(. •lA~ (1•-I- tPlr,l~.l\•TITLTt of Alt[NRECT5.1")S SEi Y/MR AV[\t[.\~,{A411]Y:TrT,pC yNp 81„~~~7 'Q 113.2 `X'hcre comprw[kn is baxJ un a nipulatcd wm or pcTCrnnge of GxutnxTiun Cuss, progr¢s ryl'mcrus Wr Bssic Sccvicc~ in och phase shall tool the (olWw'ing percennges of the uxL Bask' C4mpertvtkm Pa}~hk., Invoiced on a percentage completion as follows: schematic 30% &ncm",c Design Phssc preliminary 30% gn lopment Pnue: construction documents 30% COnstruttron pxvmrnnphm. construction phase 10% prr`rnt( %) Bidding Or Negotiation PFSSe: 100 % percrnt ( q ) Coturruawn Phsse: pcrcrnt( q; Taal Bssk Compewtion: pncrnt( ~,) ox hundred percrn[ (100":.) 11.3 C01HPi:R5A710N FOR ADOfF10NAL SERVICES 11.3.1 FOR PROJER REPRESE\: ATION BEYOND BASIC SERb1CE5 ss described m g tl , put< ngnp u IoBOS. s: h 3 ° cumpcnsTllon shall be curio See 11.3.2 11.32 FOR ADDITIONAL SERVICES OF THE ARCHITECT, ss d xriDed in Anicky 3 ano 12 whtt than (Ij AEditiony Projm Represrnnhon, as described in gngnph 32, arW (2) sen~kes inclu4d Ln Article I2 ss pan of Addieiorul5crvices, but excluding xr vices of consuhanu, compew[bn shall be computed ss folbws. rr.eM~.~n.~. ygq,.,..v ~/~Y~/~i :n m.eremut+.. ,y a.m vrv..m cva~e~ N ~^•wAq....aw .a.repvnzq..r.aw r~yr penvr,ly mrrtr.y 'rmDmurvn+ ~ Principal......... $90 per hour Draftsman.-....... 40 per hour Mechanical Electrical/HVAC... 50 per hour Structural........ 90 per hour Clerical.......... 20 per hour 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, incllsding additgnal urtKtura! mechaniol and ekttncal rnginecrng scn Ices and Nox provided under Subpangnph 3.9.19 or idcnu&d in Amick 12 ss pan of AddillOtul Scn xes, a mWtipk o! ( ) uma the amounu b~kd w the Archam for wch sm'kes rrd.n:,; . q.. y„ ,p... ,y.: r,nyul,mm ,n nn,.:e n n, •ryu,.m r 11A REIMBURSABLE E7(PEHSE$ 11.44 FOR RELNBCRSABLE EXPENSES, m described as P EspctESCS. a multi k of aragriph 10.2, and any ahcr nrnu Incllldcd in Mick 12 as REVnbursabk empbyea and conwlnnu N du interest M the Ptojm. (1. OS )times the expense; v.EVrted b.' the Archnect, [he Archhm's 11.5 ADDfT10NAL VROVISpNS 1/S.1 IF THE BASIC SERVICES covered by Nts Agreemrnt have not been compktcd within ( S 1 X ) monnu of the date herwf. through no (aWt o(the Ardmm, cxittuion of the Arehnm's senxa beyond that [ime shall D< compewtcd ss provided m Subpangnphs 10.3.3 and 11.3.2. 11.52 Paymrnu arc dm and payable Seven Amounts unpaid Thlrt ( ~ )days Rom P.e tUtc of [he Archrtm's invoice. m the absence thereof n the y 1 30 )days aRCr the invoice da[< sha0 bear uuoa v the me enterN bcWw, ur rm...r ,,,.,, ~ me prevaiBng from tlrne to time n d¢ Principal Place of btwness of the Architm y,~rr.n. oxmr y»n r 18} per year // lu ~ 4u s eM.^N•remrnh ura2+rtr fNrW )rum rn (wWUV Ma, ww•b YmrsYYwd swune•r.wlt Ova sv./br ryulwvwu ar tlv r/ew. r awnrtAr r~n.,.~ „r a,~,,.y a.,,~,.,~ A.mm., .y u. v,.s,r,.~..~..a.. nr ,,, .%w., •o n..a,/.o. ..nr arv, .q„,mv ~ u.»::mu°m ~.wm;..u yn.y. 9 81414987 AIA DndIEEM 01b • OiSEA MIMITECT AGIEEMEYT • EOE'L}{[YTn EMTIO~ • iHf ANEp!:A\1\1TITt TE Of ARUIITtQ).I AIAt • (IIST )S SEi'YOIIF AYd'IL~w vAgllV.tgY DC jV/6 the spcalic mfurmsbn considen'J by nc~ Ow-net m b<eonfi~ drn[ul or proprkury. The Owar shall provisk pro(cabtW crnlrt fur :hc Archirm on nc~ crosrmcrbn sign and in the pro mwnmal mncnats for nc~ Pmjca ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PEg50lp1E1 E%PQ1SE 10.1.1 Urttr PerwnrNa Ex(xnse u dcfinN as nc~ duet: saL:r:cs of dle N<hirm's y_mnnd engaged on nc~ Pnslcc: and nc~ plrtan of nc~ cost of Ndr trwdamr:' and au[omarv ton. rnbunom and benefits related [hereto, such as empk>rmcm nxa and other suNron' empluvm b<nchs, imurancc. skk kave, holidays, vxa[ioro, pensions and simdx cunmhurxlrts and brncfirs 10.2 REIMBURSABLE EXPENSES 10.2.1 Revnburxabk E.xprnso are in addim>n ro wmprnv- rxm Ior Bu:c and AdNUOnaI Sen'x'n and include exp.-sscs mcu:rN by the Architect mJ ArchecctS en:plevees and tom suhants m the imeresr of Ne Pn;ry'a. m:denulird m Ne L:iGm. :aq E.LUSCO. 10.2.1.1 Expcnx nI :nnspmrum in cunnaco.rn nxh :hc PmK~~. cxprnxs in ronnecrxm wrh auNUnzcJ uuw6mwn urd: Wng~disuncc ccmmun:carrons, and kcs paW fnr smr ing apprw'al o! aurhorinc's having jurodnTion u. cr the Projm. 10.2.1.2 Expense of rapn:duakstu. prsuge and handling of Dnwmgs. Spttificarinns and whet tlocumrnu. 10.2.1.3 1( aurtwnssd in advance by nc~ Owner. expassc of or'cnvnc work requiring higher rhun reguln rnR. 10.2.1.6 Expmx' n! nmshmngs. trxxkt and rr x'k-up, rcqucvN b~ the Owner 10.2.1.5 Expcnx o1 xldirxrml msunnce macnge ur Ium1s. m~ludina prokssx;ml Inbdim insunrcc. rcyuarnl b> IF.c Ow ncr m rxcc>s u( rho normulP: nrnN M- rhr A:chum and A«hnac: > urmurmt. 10.2.1.6 Espcnx Df ttm:putcra:dcd da~ign and dnlnng eywpmenr nine whrn uxd in connection whh Ne Prnkct 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.].1 M initd pas'men[ as se[ (orth b Pangnph 11.1 a me minvnum paymrnr un4-r Nu Agrecmrm. 10.3 Subsequrnr parmmrs (or Bavc Senka dull Dr mxle mumhh' and, n'hcrc applicabk. shall b< in pnsp:rtbn ur xr ekes performed w'iNin exh phax u1 sen'wr. un nc~ blsu xt (orth in Subpangnph 1122. 10.3.3 If and ro Ne exnmr sha: Nc rime initially esnbluhN in Subpaagnph 11.5.1 W Nis ngEmKnrn exaeGed w exrarded rhmugh ms bolt of [he Nchnttr. cumpmsarksn (er anv set ekes nntlerN during Ne addirbrW period of [one stall D< eompwN N N< manner sn forth m Subparagraph 11.32 10.3.{ >1'hm comperm:xsn is baxV on a percmnge o(Gsm ssruax:n Cosr and anv punbm o1 Ne Projca arc oclcrN ur ahcrw'ix nw conunxred. compewlwn for Nose poniutu u1 nc~ Proles sha0 be papbk ro nc~ extent sm'kes are per (urm<A on those ponwns, in xcordance wish Ne xhNWe set funh m Subparagraph 112._', based on (I) the bw6t bona fide Did or negwixN pmpavl, ur RI d nu web D;d ur prupRSil u rcccivN. rt>e most rttem prchm:mn' csnmarc of CASrutax[bn Cux or dcuikd estueate of Cumwawn Cos; GRr such pro- runs of Nc Pnsjca. 10.1 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.1.1 Pacmrnrs c n x'u;unr of nc~ Archrtca'. Add:ounal Scnxcs and Grt Ramburvhk Expcnx»tull Dc mxk mon;hl. upon procnurkm of nc~ ArchnttYS srncmrnt of sm x:a m~ derN or expenses inarrrN. 10.5 PAYMENTS MRTXNEID 10.5.1 \u derhreriotES shall D< nude Gum rM ArchirecYS crxn- penurkm on xcuunt of pcnah~'. IiquidarN 4mug~~ or whet sums wirhhdd Ircrm pavmrnrs to comnanrs. or un xcoum n( Ne asst of changes m rhe's'ork other than Nnx fur whrth nc~ Archnttr hss bECn (taund ru Dc lubk 10.6 ARC/OTECTS ACCOUNTING RECOliDS 10.6.1 Rccnrsls of Reunhumhle Expenxs and cxprnx~ per rvnmg as AdNtiuNl 5mxo anJ xnxa pcrLnmN sin me bin of a mulupk of Urea Peru rood Expenx shall he as vl abk w the Owner nr nc~ Owner s mNunmJ rep[ xnuus c n mmuall. nrns'rn:cnr r:trws ARTICIF 11 BASIS OF CoMPENSAnoH The Oane: shall eompensa¢ the Nchurct as follows 11.1 A~6ITIAL PA7:ME]'T of Otte ThOOSalld DuOars(7 1000. j shill be made upm exn'wn/n of rho Agrttmem anJ crednN u> nc~ Owners xcuunr a1 final pasTnrnt 11.2 BASIC COMPENSATION 11.2.1 E(~R B{SIC SF.RCICES. as dcxnhcC m Anwk ?. and am ;xha'r xnA'cs malu Ja'd in Mxk t_' b pul or 01vx xaw O, f41w Cumpcnvtron shall tx a/mpWCd ss follows rr.nvr`r /a ~ u(~r.nvxl:WinA'/:/nJUrrvl.umanWl:/Jn ~n~.r.•ruiT Vxl xNxr/1 /aw v.l.xlnh n~i l...rx u4.. /..t../..x./mv.rx.r w4a. r 8t of the estimated project t,udget of $90,000 $7, 2C0. YA DOLIIMENT BIH 4u'\CN Aq~ gn(Ll Ar•Rf FMI~T • irN:11TEE?TM EDETpc • NAB • C;'M' T1n A41 YN.Ay ly4RIT1 ul AMilnTr;A:'!y FE4'YONk AVi<1C ]w, {'ASNIYrTM.Ur. bign Bl{7~19BT 8 .c _....m.. ._ _~}.::r. .......a..~..r.~. eucpt by wnarn curuem cunuinmg a specific rc(ereme u+ rho Agrttmcm signed by the Owner, Nehi[m, and any other pawn or cmiq' caught ro be ryrmal. Cunxmt w abnnrkm im~uh mg an additiotd perxm or rnrity shill nor commute nmxm to arburatrun of any claim, depute ur other motet m yuouun not dexnbeJ m the wirnrn mrtxnt ur wath a p<rwn nr enure nut nunN or dcxdbed Ncran The fureguinR aRrm mint w ubnrne and other agreements us ubitnte wnh an addnronal perwn or rntity duly cunxmal ru b)' the panics to [hu Agrcemem shall be specifically enfuneabk in accordance with applicaDk bw in Ny court having jmudiaxrn thereof 7.1 Th<award rendered by the arbitnwr or arDdnmrsshall tx final. and judgment may be cnmrcd upm it in xcurdanm with appLUhl< Imr in any man loving lunsdiaiun [her. rf ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 Thrs Agreement may be tcrtnivtcd by atha p~nv up>n nor kss Than xcen doss' wrinrn nnucc shoulJ nc~ other party ful subs:mtdl}'to perform in xmrdance wrh the cormsoRhu Apaanrnr Nruvgh. m halt o(nc~ poor' eutv.utg the temuruu+n 8.2 II the Pn+lca u smpended he the Owner fur more than tri umxcurwc aliss. the Nchncct shill br cump:nsamd fur xr~ crm pcr(urmN pour [u nnucc of such smpemron. U hen nc~ Prujea u resumed, the Nchrtai s compcmauun still be cqw nblc adjusted w provide fur expaues incurred m the mmrmp~ trop and resumption u( rhr Nchrzmb xnxa. 8.3 This Agreement may be termina[M by nc~ Owner upm nw less than xvrn don' wrirten rw[ice ro the Nchnm N [he e+'mr [hat the Project is permanrndv abandorscA. tf du Projttt u aDansHmed be the Owner for mu¢ [Dan 90 emxcuuvc dos. tn< Nchrcca may rv: m:natc this Agrccma-m Da going wnnm non¢ B.1 F.ulurc o(Ne Owner w make payments m the .Archnc<t m aaradan<r with rho Agreement stall tse comidrrcd suMUmnl nonpe:hrtmanee and Aux (or terminxxm B.5 I! the Owner brB m make paymcm when due the Archr tar for xn xo anJ cxpcnx~. nc~ Arch:¢n may. upm x+cn des+f w ;:urn nonce m the Uwn<r. susprmd pert: nmance of xr xc under thu Ag:¢menr. l nkss pavrncnt m full u recnccd by nc~ Anhacct wnhrn x+'rn days o(th<ma of [he nnucc. the se+p'owon +hall uke effect withum further nun¢ In me evem u! a y-cavnr. u! xnaca. the Archnm +hall ruse no IuDrLty w t:.c Ow ncr for deLy ur d:rmag<cauxJ nc~ Owner txuux of wch suspcmiuo of xn wo 8.6 In the rant of tcrtnimtron nor the fault n( the .{rchnm. nc~ An.^.:¢a shall Dc cumpewtM fur xn:ces performed poor w, mmnrmnun. urrtnhrr wnh Romhurvbk Espmxs thin due and ill Tcrmrmtxm Expcrue v drhnN m Puagr ph N -. 8.7 Tcrmmarron Exp<nxs arc :n addnx+n ma+mprn+atxm for Box and AJdnx oral ServK:+. and mcluu~ espsnxs whKh are dually annhuubk u+tcrmivtnn T<nn:muur. Expenxs shall he compared as a prrcrntaRC n( nc~ total cnmprnutron fur Ifvrc hr:eo and ndd:uoml lcr:a~ ornad er nc~ nine of [cn m:nmx:n. a+ folluw+ 1 Twcnry pcrcrn[ of mr r•xal a+mpcnvum for Bvx and Add:uonal Stn-az+ carnttl to dnc f rcrtnrmrron occurs hcfi rrc nr dunng nc~ prc•1.~+:R^. +nc analcm nr khcma•:c fx+:gn Pnax+. or 2 Tcn pcrmu of the tool compcrwuun 4x Boric mJ Addirmnil Srnkes coned to dare it tcrtnnutkm rxcurs during the Otsego Dc+'c!upmrnt Phax: ur .3 fish pcrcem of [he tool cumpcmuwn fur Bvic and Addn:urd ScnSm Dined m dart if tcrmwtxm rxcurs during any suDSequrnr phax. ARTIE.LE 9 MSCELLANEOUS PROVISIONS 9.1 L'nkss othern'ix provded. rho Agrecmrnt shall be g,)v- emed by [he bw of [he principal place of business of the Ar<hncct 9.2 Terms in thu Agrttmen[ shall have the same meaning v mox ir. AIA L\+curncm .{s01. G<ncd Cunditiom of the Curt [nc: (nr Comtmctron, current v of nc~ date o(mu Agrttmrnt 9.3 Causes of action between the panics [o this Agreement pcnaining m xts ar futures to as spill be dcancd w have ac-ruN and the appliobk sum[cs of Ivniratbm shall mm- mence u> inn nor beer than other the able ut Subsunrd Cum paawn fur xts or (uWres w xt occurring poor Eu Substwd Grmplaron, or [hr date of usuarue u( the fed Certrfica¢ fur Pacmenr Lx xo ur fuluro m as occurnng afte[ Substanm! Cumpkaun 9./ The Owner and Architect wuce all nghrs agvrw exh tither and agaimr the cmtrxTOrs. consulnnts. agrnb and empkrvees o(the oNCr for damages. but only to dw anent coy. teed by property inwnnce during conutuaim, except such rights as they nay love [o the prmeeds of such insurance as x: (ooh in the edition o(AIA Dacsnnen[ A?01. Gersenl Cmditgns of the Context for Comtruction, Nmrnr as of nc~ date of this Agreemrnt The Owner and Naiaitm erh shall regwrc similar wan'tts from Char amtrxaors. coruuhanrs and agrnrs. 9.5 The Owner and Architect. respntisdc. bind themsdvo. [heir partners. succeswrs, assigru and kyl rcprexnn:nes w the other pans' m this Agreemrnt and to the partners, succes~ cars. assrgm and kgil rcpt«nuuves of such other parry wnh mpm w all covenanu of this Agrttment Ireither Owner our Architect shall assign rho Agreement wnttum the wnttrn con xm of the dhcr 9.6 Thu Agreement represents Nc entire and in:agnred agrtt mint bawern the Owner and Architect and supaxdes all pear rregouatrom. reprexn[arium or agreements. eiNCr w'm ten or onl Thu Agreement may be amrnded mly by w nrrrn instmrnen; vgrud by bnh Owner and Architect. 9.7 Nothing mn[vned m this Agrcemem shall create xumtx teal rcb[romhrp with or a Dux of apron m favor of a thrtC party aEwns[ other the Owner or Nchnec[ 9.8 L'nku otherwise provided inthu AgramtrnL[he NChum and Nchnm's comuhanu shall have mr respomib+Gry fur the ducovm'. Drescnce. handling. removal or dnpnal of or expo- sure of perwm m haar[kam mareruls m any format the PminT sac. incLxfury{ but ru LmaN to vDcvn, astntm pnALxU. p AvchY.tmatN brptwm)1 (PCBI • u rxna arse suMarwes 9.9 Thc Archncct sh>;i have tha- r:ghl ro trwludc rcprcxmo- txrm of the dargn of nc~ Pmtact. including phsNOgnplu of nc~ exterror and mn-rxa. ammg the Archnrct s pnxtxMkxW and pnrfec kxul matcriab Tls< Archnm's nuta-ruL shall rxq include nc~ Owner's amBdentul ar pnrprwaan inGxmaum d nc~ Owmr by pre -Wavle advtxd the Arehnea m wnurg nl AN pOCL1ENi Btu • on+ix nn NITF~ T GWEEYE]1 iQ'RtEE TN fptiHlrM • MA` • C r•M- 7 8761.1987 uo nwrn•.r.:++nrn„r.w rurs~r+. rss see wArBAVE?rE SC.eesm.nnn.uc m•v. ARTICLE 5 CONSTAUCTION COST 5.1 DEFlNITION 5.1.1 The Cornwctiun Gas[ shall be the anal cost ur e+u maaN aw rn the Owrlrr oC all elcmrnu of Ihr Pn>iccr deslgnaJ Ur sfxa&d np the N<hirm[. 5.1.2 lTe Conumaan Cost Shall include dsc cost m currem mvkn n[n of IaWr and materuLs famished by [hc Owm~ and eyuipmrm designN, speeiBN, xlmN or specialh pruY:Jed for Dg the Nchnect, plw a reasombk allow ante for the Gm- nxTUr s ovcmexl and Prubt. In addirwn, a ruwrublc a1Ww- ancc for cortingrncies shall be includN for markn condnans n the tune of bidding and for changes in nc~ V['ork dunng amwaan 5.1.3 Comtructwn Corr dues nm include the aompmsatwn UI nc~ Nchirect and Nchi[m"s corssulunES, the case of the Land. nghuaGwar, fivncing or other <mu whah arc the resjxsm vb:hn Ut ds Owner ss provided in Mack 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 E~alwrans of the Owner's Project badger. prdvnim^' csrunares Of Construttion Cxn[ NO dervlN aims[ ~nCthr nmmon tpsl. if arn'. PreparN br the ArMnecT. rap Arch:¢n's best ludgmrnl ss a dalt3n pnstouunal fsmilur won nc~ cansrmnan industry. Ir is rccugnaN. however, tfur rrrs~ [her the .Archi[ca nor the Owner has control over Ure sou Uf labor, rmreriab oc equipment. over nc~ Con[nnoi s methods of detcrmwng bd prim. or over <ompeduac Diddirsg. marks[ or ncgom[ing conditions- Accordingly. rtlc NChitccT Dona and does not w'arnnt or rep: escnt that Dids or rseggvrN Pries will nor er'as' from Nc Owner's ProFn budgtt or from asp aimare of Cansrcuctiun Coo or eNwrron Prepared or agreed to be rh< NchitttT. 5.2.2 SU fixed lunir of Coruuuc[bn Cost shall be aublishcd ss a sundown of [his Agrcemrnt b. me fumbhing. proWsal Ur anbluhmrn[ of a Prolmt Dudgn. unless such toed Ivnu hu been agred upon In writing and signed by the panics hereto. If such a hzN loon hu been esnblishN, the Archnm shall be pcrmiocd m Ndude conurgcncks for design. bidding and pose eycalauon. rc determine w'ha[ rturaiaLS. eyuipmene. com~ p mm: scsrems and r)'pes of <onsrrucrwn am to De includN in me Cunlna Docurnrnrs, ro make rosornbk adjwmtcros in the scope of me ProjttT and ro include n nc~ Con[nn Docw mina al[erwe<Dids to adlw[ dre Cons[ruttan Ctnr to the toed Iona Fucd Ivmn:, ifany, stall be incrciscd m [he amoum of an mucax m nc~ Cumrxt $um occurring after csttvuun of rM G;ctnct for Conslmttion. 51.3 If me B16ding or ticgotuwn Phase hss tar comrtrencN wimm 90 days ahcr the Arch P o sub du oe Cued lirtrlo fNKVmcnu ro the Owner. any Iect gc[ Conuruc[wn Cost shall be adlaN [o reflM changes vs nc~ grnml I<a~el of prices in the corwructnn industry Daw'een tM d]tr Of SUDm65gn Of [nc COM1StIIKIIOn Documrnr$ r0 me Owns: and me dare on which pmp~sals arc sought 5.2.4 If a hzcd Ibnu of Curstmcunn Cost pdh+<red u Pro arJcd m Subpangnph 5.2.31 u exceeded br nc~ IUwat Dora hdc bld or ncgumrcd proprnal, the Owner stall .1 glue wnurn apProva! of an incrcnc in sash fuN Ionic. 1 aulhoriss rcnidding or rcncgoturing of Nc ProjttT w'ahm a rcasnrubk ume: A i1 th< Pmtett u abmd~lncd, [crmnu[a u+ a.curdacxc wim Pangnph 9.3: or .4 awrpcn¢ m mvising [hc PnsjccT scups and yualirc as rcyuinrd w reduce [hc G+rtswnan Gs.[. 5.2.5 If me Owner cha+u~ to pnxsN under Clause 5._ a a. the Nehnee. wtrhou[ xldnarW charge. shall rmxlifc the Gm~ uxT Ix>cumrnrs as nttessan' ro compia wrh nc~ final loon. if esublishcd ss a condilan of [hu Agreemrn[. The muLfanran of (',Onnxl Rxurnenu shag be the Whir of me Archireci s ropnmibdiry arwn8 out of [he esuDlunmrnt o(a fizN limn. The Archnm shall be mudN to compensation in xaudanm wish rhi Agreemrnt for all sen'kes perfomN whaha ur inn me Corutruttan Phase is commrncN ARncLE s USE OF ARCHffECT'S DRAWINGS, SPECIFlCATIONS AND OTHER DOCUMENTS 6.1 The Dnwmgs. Spcaficarions and UNCr ducwnrnts Prc. puN br nc~ NcN[m fur Nu Pcoircr xc irEUmmenu u( me Nchrtm-s scnec fur use wlele wnh respect m rho Projttz and, unless Uthcrw uc proa'x1N. the Archirm shall Dr deemed nc~ amhor of ln« Gxummrs and dull ream all comrrwn Iaw, nnumn' and rrhrr rcu~nce nghES, including nc~ cnpcrighr Toe Owner shall be pcrmn[ed m rerun cupres. including r pro ducibk topics. of the Ar<hi[m's Orwings. SpmSrnbns and other dommrnu for inforrrurion an o(rhernf a in c~nectkas with du Owner's use and occupane'7' ° oKCr tin's Dnwings. SpmSo[iwu or ahcr doeumersES shall nor be rwe0 by the Owner or whin on ahcr projects. for aGliwru w thu Prujm or for completion of [his Project De others. unless me Nchilm b adludgN w be m debulr under [his Agrcemrn[. ezceq by agrttmrnt N w sting and whh appropriate comprn- sawn to nc~ Archnm. 6.2 Submusvm nr dismbuoon of dxvmcnu to mm ofgcial regubton regwrements err Wr sunihr purposes in cunnmiun wish the Protect is our to be coro[nxd ss Publaa[iun m derugv tan of me Nchncci s racrYed nghu. ARTICLE 7 ARBITRATION 7.7 Chims. Cisputa ur other rmucrs in Gowan Dawecn the par'ia to thu Agreement arcing out of or mbling w this Agrcc~ mrnt or breach therm( shall tz wDKa ro and decided D. arnl~ users m xcurdartc< wnh Ne Coruvunwn Indm[n' ArDbn- tan Rules u( the Nnerwan Arbnnwn Assocnrxsn cwrrndy in effm unless [tK purses mutually ague aherxtse. 7.2 Denund for arDnnrirm shall be fled in wining with nc~ other party to thu Agreement :nd w'i:h nc~ Amman Arbnn~ aUn Auocman. A derrund Cur arMtnuun shall be nude within a rasursabk tune after nc~ slum, duput< or other matter a quouun hm arum. N nu e: rnt shall the demand for arbnnrvm be rtudc after lbws dare whin irwimwn of legal ur tgtuubk prxccdmgs based on such slum. dupurc or ahcr rester m gwrxm would be banN by W. appllohle uauta of hrruwaru 7.7 Ayer arDnrniun aromg out of or rehtmg w thu Alyeemmr shall vlcludc. Dr conwlydarun, F*ndcr or m any adrcr rrnrurcr. an addrtxmal pcrsrm ur rnn[y rvn a pony oa inn Agreement. A4 pOCWEM Bta • Ow"P2R~MCNnER AGRFFf2•rt • i0.tlTiberl[ [MTION • AIAa ~ •I~x Bl/1•I9BT 6 TI!E nab) I~ A'.INTIi I"fE Or ARCHITECTS. I'pl ]Em YOR[ LYENIE. M 0. iASMr.KiTOR. G C Y/Ib 3.4.4 Pnn'Wing spccW suncys, cnvinmmcnnl studrc~ mJ submissWns raquirMWr appnn~L of guvemmmW aurlxxitia or others having juriWictkrn over the Proj¢t. 3.4.5 Pnn'iding scrvica rNativc [u future (xditx3. s.>trnu and cquipmm 3.4.6 Providing senice w invcsngvc cmung amdnums ur fxi!itKS or to nuke measured dnw'inq> thcrmf. 3.1.7 Providing xrvices m vedh- the xcunq' of drawings ur omcr inlomutiun (umished by the Owner. 3.4.6 Pruvitling cuurtlirution of coru[mmon pcr(ormcJ h. separx<contrxtors or Dr the Owner's aw'n Wrca and usudr nxion of urvkes required in connection w'im coruwnkm pcrfr)nrlfd Nd egUlpmml Supplied Da' IDf Gw'fKi. 3.1.9 Provding sen'im in cunncctiun with dtc w ark uh tort srrix[kin mwger or separate axuulwo rc[vned by the Ou'rKr 3.4.10 Pmciding deviled euimves of Gumvuttiun Got 3A.11 Providing 4tvkd gmmnc wren's or mcrnwnrn a! mverd, egwpmmt and hGx. 3.4.12 Providing arulrscs of cwning and opcnnng ono. 3A./3 Providing inkrurr design and utha simiLr srnim reywrN for ur in amnmkm wnh [hc x'¢uan. pnxvrcmcm w innnllatnm u((urmmrc. fumuhmg> vtJ rtiJml cympmrni 3.4.14 Providing serrica (or planning tenant or rrnul sDxa 3A.15 Stakirrg imatigyions. moton3 0( mxetvfs a egtnp mrni. a rJuupss and tlttage0 NPe"'x of e!mtrctg fac>Vtses. 3.4.16 Preparing a stt of rcprorlutibk record dnw'ings sM)w'~ mg signifKant changes N the work made during cortsrnxTan based on rturked~up prim, drawings and other dau (umished be the CAOV]ttOr to the Mchrtett. 3.4.17 Providing assuuntt in the unlintxm of equipment or s.'vmzs such u [exing, adiuuing and baluKing. pceparnbn of opennan and rrnintenutcc rtunuafs. training personnN for opmtbn and maimernrKe. and tonsuluran during operation. 3A.18 Providing sm'ices abet iss:nnce [o the Owmcr of du fin9 Cmd:cue for Pa}menl, or m the abxnce of a Grin Cer- tihum !ur Pavmrnt, more than W days abe; the doe ohub- snntd Compktgn of the Vt'ork. 3.1.19 Pronding mica of consuhmts for abet than xchr tectural. s[ruttunl: mechankal and ekttrital mgineerirlg px- uun> of the PruKtt pnscWCd ss a pan of Bole Xn'kes 3.4.20 Prondmg any other urvKO not ottxrw'tsc inclus:cd in Ihu Agrccmrnt or not customarily (umished in ucnrdancc w'ilh gmeNl.' accepted archrtmud prxtice ART10lE 4 OWNER'S RESPONSIBIU7IES !.1 Th< Owner stall provWc :all mfomu[irxt regudmg rcywrcmenb fur the Prolett, inaudn8 a prrigruri which shall set IurN me Owner's oblecnves. scheduk. conurainrs and <n tern, including spxe regwrertKnU arW rNatkmships. fkai D:LtY. eapandabdita', speed cluiprtKn:, s)strnu grid vte rcymrcmrnts 4.2 The Uwncr stall rsnhln9 and ufxLr: vnw<r:Jl buJgct liu the Prujeu, including the CurwtuaTwn Gm. me Ownef s odtcr cuss anJ rawmhk ninnngartrc. rcblal mill of Ihax-un:. 4.3 It reyusmd by the Arthinv, me Owner shall furnt~h a-or dcno: dt~r hnanaul Jrnngcmamu hate been made ur fullill the Owner s ubbgJtxsru under than Agrcemcm 4.4 Thc Owner shall dasignvc a rcprc>cnnuve awhunzN w act on the Owneri Rhal( wnh rofxa m the Pmjen. Thc Owner or such audrorized represenndre shall rrnder dttuian in a [uncle manner pertaining m dscumcn[s submiocd by the Mthilett in order w avoid unrauxubk ddac in me orderh anJ seyum[ial pnrgras of [he Archnctt s smites. 4.5 The Owmer sha0 famish Sun'e~s descnbing ph~sicJl charx[m tks. kgal limintions and wiL[c kxatiurts for [he si¢' of the Projm, and a waurn kgal Jescriptwn of [he site Thr survgs and kgd infomutpn shall indtxk. ss applKabk. grade and Ones of strttv, alk~s. Pa`'emmES and xlluining pmpcny and s[tuctures. adixcnl drvnage; dghrsuf~wya. rovic[x)rts. cusemrmts, emTuachmmrs. zoning, deed reuK~ Ifl1n5. bimndarin and contours of the site kxa[uxu, dimm~ siuru and rrccasuy sbn pcruinmg [u cusnng buildings, other unpn)vemenu arW trees: and :nWrtruixm concerning aa'vlaDlc UtJ11Y SeR'Ke Nd bnCS. DrND DUD1K Nd Drla'atf. aM)a'e L%1 Deluca' gruk, irKluding ins'ens and depths NI the mlurmatksn un the carve} shall Dr rekrcneed Io a pmjm benchmark 4.6 The On net shall furnoh the scn'kn of gnxechnx~l rnry~ racers w hen sw:h srn'ices arc reyun[N ba' the Arthl~ tZ. Such smxn mac include bin arc nax limned u) tel bmnrc. to[ pits, dncrmiru[kxu of soil boring aulue. µrculatxrn [eta. n'alua[ions Of hazudous ma[ernls. ground conosxm anJ ren~ linty uwzs. including neceavn' open[xsm f x anteipvmg >uh~ wiI etxsduKxu, with repots and appnrpriate professnrd rccrxnmcn<Utiortf. 1.6.1 The Owner stall fumM the s<nKe of IXher comul- tmu w~hcn such smKO uc rcawmblr rcyuucd Dc the xupc o(the Prulm and lie «giiestal b~ trc Arcluttti. 4.7 The Owner shall lumuh stnxiunl. mechanical. chrnucal. au and w~tcr pollution tas, tests !or haardrws rturcmb. and u[hn bbunwry' anJ ena'uunmenul [nu. inspeatxxu and r<psrts required by bw' or tDe Gsmntt bxumrnti 4.B The Owner shall fumuh all kgpl. xcoun:ing and ussunnce <ouruekng xn•ka u may be nccrsvrv a[ any tine tar the ProjecT, inclWing auditing sm~icn the Owner may require «> a'crih' the Contnaor's Applicxiuns fur Pa. corn[ or u) ssccnvn how' ur !or who purprnes [hc Gmrnrn,r has used the mrmcy paW by cr rm behalf of the Ow'rxr !.9 Thc xnxa, infortnatitx:, wrvn s and reports rcyuucd by Paragraphs i 5th«wgh 4 9 shall tx (vmishcd x [hc Ow ncr s expense. aml the Archnm shall D<enu:IN n) role upm the accuncr and cumpltteness thereof 4.10 Prump[ wdom notkc shall be gta cn by the Owrteno Nc Mchrttti d [he Owner becomes aw'arc of anv fauh rx delta u: the Perko ur rNxKOr:lomuMC wTlh [hc Gmtrxt Pxummu {.11 Thc prLpuxd hngrogc of mmfx~tn ur cmdxmiuru rcyucstcd v( drc Architm or Archnst s crutsulunts shall tx aubrttiattl w the Mchnee (w revkw and approval x 1~ I a days prior Ili eaecTUion. The Owrin stall rqt request cenifKa- [iurs rlur wrAik) rttryirc krwwktlgc or scrvke DrrxN the scope o! thia Agn<rtient YA OOQIIEM 6111 • Uw>EII AR(:Nnkll A41:EENE\'f • NM:IREf_TiM EiATN)\ • And LIYr 5 8141.1967 illl AMfAp/,ai'dil:eTl rN APUiIiGI\I')f]fa TdAACf_aiLY~.aoln.W.Pra Ur. a1/x~ 2.6.15 Thc A«hnm dull mxrpm anJ dtt'Wr maacrs tom ccrmng pcdomun¢ of nc~ Owner and Gsalnnnr unJcr the rcquccmrnts of the Contntt Dlxvmrnu un w'rimm rcq\xx of alhcr nc~ Owner or Gsnnxwr. Ti:c Archu<cYS resprnx hl such rcyutels shall be mWc w-ids rclwmbk pmmpmcss and w'nhm anv rvnc limits agrccJ upm. 1.8.16 Irnrprruriorti anJ dccivuru of the Archncrt sha11 be urmurcm with th<mlrnr of anJ rcavmabh in(cnhk from the Gretna Ducvmrnls and shall Dc in writing or in nc~ Wrm o! dnn'mps. 1x'hm making Such inrcrprcuunr~ and innul dcci- surts. the Architect shall rndnvor w secure (mth(ul peRUr- mantt be axh Owrler and Conuanor. shall nor show' partdire ns nthcr, and dull nw be liabk (or results of nit<rprmtiom or dreuxsns w rrndercd in good Iairh 2.6.17 Th< ArchitecYS decisksns un motes rcbting to aesnc~ tw r((at shall be Goal if coluutcm atrh the m[rnt cxprtsxd m the Cantntt Cacumrnls. 2.6.18 Thc Architctt shall rrntkr wrttrn dccuions w'irhm a rr-asonable rim<on all Balms, disputes or other mmcn in quo riun Detwern m<Owmer and Conrncmr rdaing rn rh<extto am nr pn>gras n( the We.'k a prociJCd in the Conlna [).xvmcn[s. 2.6.19 Thc AnhnttYS decmoru on claims. di>pmn or other ninnies. including thux in quexan hawc<n nc~ On'ner anJ Gmuxurr, except fur rhux rrla:mg ru aesthcuc eff<a as pnl- cWCJ m SuDpan3nph ! G I', shall br suhµn m arhnnlnr, i. port NN m Ihu Agrccmrnt and m the Comm Uxumamn. ARTICLE 3 ADDITIONAL SERVICES 3./ GENERAL 3.1.1 The xnxes dccriDeJ m Ihis Anlcle i are oar induC d in Banc ScnTCn unless sn idcmificd in Article 11. and thcs shall he pvJ 4u be the Owner u prmndcd in rho Agrccmmr. in addwon to nc~ compcnssron for Rsslc Sen'kn. 1"hc xnico dexnhN undtt Pangnphs 3-' and S.i shall Dole be prunded I(mlhnnzeC nr cnn8nna! in wmung D. the Owner. I! xnim dacnhnf under Contingmr Addilmrui Scn'ices in Pongnph 5 5 arc «quired due to aircumzunen hrmnC the .lrchura'• osu.l. tF.c Artihnca shall nahh nc~ O\wc: pour w com~ mrnang such xnxa. 1I the Owner deems th,l wch srnxn dc.cnbcd urdrr Pangnph 3 3 uc nUl required. dtc Owrs<r shall glee prompt wooer. nowt ro the A:chrtea. If nc~ Owne: mdl<nct m w nhng Ihar all ur part of >uah Conungcnl AJJI- u"ni tan xc~ art rn rt reywrcd. the Anhnca shall hate nu uhL- gnum to pro.'sk Ihux xrvKo 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extrnsh'e repr<xnulkrn ae the sire than i. Cax rp<d m Suhp ngnph 2 (.5 w rcyuucd. the ArchaM shall puntde one or more Proktt Reprexnnnv<s u; usisl m tarn m such wJnx~ml on-si« respmslDl!:ucti 3.2.2 Prolca R<prtxnulao shall be xlcncd. empluccd anJ J:«uN tr: nc~ Archrtcc:. anJ the Archnvu shall ha' compcm snN rtcsG~r as agncd he the Ou'ncr and Archncct Thc Jug -s, «'.p mvblWx. and bmindms of amMrria of Pruku Rcprc~cnourati shall he a. Jcxnhcd m nc~ Nrtkrn of AIA G xur„a'cr Y.Si? currrnt a. of thv da« of Ihn Ag:nmml. voles. ulhcrn:x u:-':+J 3.2.3 Through the oDxn-vrxrrts b. sua'h Pnrjacl R-prc>am- utives, the ArehitM shall rndeawr [o pnn'iJe further pruuc~ two fur the Owmcr ag'mt def~crs and Jeficxmcia in tlk U'. rtk. Dw !hc (umuhing u( such prolnr reprcxrutun dull nn m~xlde the dghls, respm>fidmes ur uhli(,-.uxrm of the Archnnv u+ Jaxnlxrl dxnTerc in J;o dgrmtxrl 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Dnn'mgs. Spcclficmxsns or other dxumrnts w~ht-n such rcvr~rorti arc: .l NNrtt it(cnf wl[l1]pp(U\'aLUr lntfNClklN prCl"IUU51 t' givrn be tha Ow'ncr, mdudmg rcriskrns rnxk nrc<>. saq' by adlustmrnes in rhr Owner's prugnm or Prop cct budRCr .2 rcyuired be the cn]amem ur revlsfon o(ca1o. laws or rcgu6tiuns wbxyurnl m the prepanrbn of such documrnrs. nr .3 due m changes ¢ywral a ]mull of the Owner'> (xL ore m rentler deettkrna in a lunch manner 3.3.2 Rovulmg xn µct rcyuucJ Raaux of vgnlflc]nl change m [hc PmKtt mduding. but nut kmilN w. su. yrd~ nt. armpknn'. the Owner s xhNulc. or the mrthrxl of hu:- Jmgnrna-gumung anJ :omrx6ng foram>Iruau w.« cepr hn xrxo rcywrcJ unJcr Suhpangnph ; ? i 3.3.3 Prcpamg Dnwmgt. Sprnfiulxm• anJ ulhai J~x'umm utbn and supporting dart. cwiuaung Gsmraaur i prop ssaLs. and pns<kling other srn'ices io cunnrttkrn with Chan¢c Orlon and CortstrucrWn Change Urntives. - 3.3.4 Provkfing xnices m cunnmxm wnh a'aluating wtuti- tmions proposed be the Comnctar and makksg wDSCqurnt rerisbns [o Drawings. SpccifKarxms anJ omm ducumcnnrksn raulnng therefrom 3.3.5 Pu nlJmg cursWUtun amccrnmg n7darcmcnl of to ink Damaged by h« ur other Doss- durmg nrmuucrxm. arsJ fur nuhmg sm'xn required in mm~ccrxm wnh the replxemml ul such Ubrk. 3.3.6 ProsiJing xnkn mxk ncccmn Ds the Ccbuh of the Con[nttor, bs mapu defeces or d<fiairna'ies in the N'urk of the Cnmrxtur, ar he Lilu¢ of perfiumunac u(~ther nc~ On net ur Grmrxnn untkr the Convxt (ur Comtructlon. 3.3.7 Provuhng xnxcs in cs'aluaung an cxtrnsn'c number u( c'uuns suhmitretl by the Cnnrtxvu or mh<n m mm~cabr. wnh the Work 3.3.8 PunlJmg xmaes m canner ln>n wnh a publx hearmg. arbnntiun pnxccdmg or legal pn xrcJmg accpr where nc~ Archi¢n is pane thereto 3.3.9 Prrpanng ducumrnu/or alrernelc. xpaurc nr xyucntw bxls ur pnnidmg xn'x:n m amncttxm w rth hNJing, nrgarr rvm nr <unuruaxm pnu m the <umpkaon of the (ilmlru[- xm Ih xurtsem> Phax 3A OPTIONAL ADDITN)NAL SERVICES 3.4.1 PnmlJing amlvx. of Nc Unrar. nc: J• a::J pr..rtnm, mmg the rcgoircmrnc. of nc~ Prnµ"cl 3.4.2 ProvlJmg fimwd /cuthtlnp rx ovw'r spcul auJx. 3.4.3 Pn n'iJing planning wrvrr.. slh' cvlwlx m• or Duet panncc ,rudltz of pr, ,.n\v m'c sot. TI I: ~ ~r ~ r+- n . et~lt~ I ~ irJ1:IlEE\TN EI1r1O.\' ~ AIAt ~ L I•T nn+nn tern Axumrr n. rss ~ra'rnxx.vEnrt sw,wnsmxrrn nr. t... 8741-1987 4 1.6.1 The ucN:atshah bca rrprexnunve n(mdshell adv:sc and coruult with me Owrxr II) during eoruuaetbn until fiml pa'mmt to Fhc Contractor b Juc. and R) a an Addi[a[tal Scr vice v the Owner's dirmem from umc m tune dunng [he cur- rea:on pcrxad described in the Conte. for Grnatruakan. Tbr Archiect shill has'e m:huntc :n act ur. behalf of the Owner ooh ul the cx:rnt proviJd m lhu Agrccmcm unless rnherwix moi.'Gcd by wnnrn instmmrnt. 1-6.5 The Mchitec[ shill visit [he site v in¢nak appropru[e to [he Wage of commauon or ss ornerwise agreed be Fhc Own<r and Mchitm m wnnng to become g<nenlly fimiliar with the progress and 9ualim of Fhc work compk[N and w dctcrmmc N Bcn<nl if Nc Y'ark u bM8 performed m a man- ner indxxing thm Fne York when compkted aul be m xcor dance wnh the Gumm Documents. Howo~cr, tlx uchnm shall no: b< require) Fu make exfuustice or commuow omsitc :nspecnoru w check the quilny or 9uanFitp of Fhc ArchttttT the bassi a( omsnc obxmtwns ss an architect, shd! keep Fhc Owner informed of [h< progress and quility of me ST'nrk. and snail endnvor m gwN the Owtxr agvrot defnTS and de&kncies in Fhc stork (llure ezr<ruitr vrc reprrrenraraon mery' br agreed ro as an .1JJinoruJ Sen'ice. as drs<raxd m Purngrapb 3 _' 1 1.6.6 The Architect shall no: have convnl over or Burge of and shill not r< resp>roihk for convrucuun mars. mnhrxi+. tachmyucs. xqucnca ar pruccdura. or !or sa(ac prcowwns and Anagrams in mm~eawn wiM the sibrk, voce [hv3e are wleh the Cunoxmr's respuna:btlny under the Cumrxt fur Cons:ruc[wn. The ArchitttF sha7 no[ be responsibk fur the ConFrxtor's xhedWeS or failure [o ore' ow Fne York m xcor dance with Fhe Cantor faocvmeno. The Architece shall mt ha. a control over or charg<ef am or ommom of [he Comrx~ tor. subcontmors. or [heir agora or empbvecs. or of any oNcr perwru performing ponwns of [he work 2.6.7 Tnc Archrtm snail at all two have accos m the Ybrk «ncccer n F• in Prcparauun or 7rugnro 2.6.6 Esccpt as mar otherwise a Pros'tJed m the Gmtrxt Duumcnu or whrn Boni cummumonom love neon spc ally authurucd. Fhc Owner and Contnctur shall commumotc through the McNtect. Cummunx.~twns by and wrch the Mch: ttti s consuhmts shall be through the Archnen. 2.6.9 6xdon th<ArchnccYs ubxnwuum anJ n'dwtwns of the Cnnuuror s Appbotbns fur Pn'mcr.L [hc Archttttt shat r<:xw and c<nih' Fhc amounts duc the Commor. 1.6.10 Tne ArchnmYS cmtGotkm fur PavmenF shall uxuu- mtc a rcprcxnutan to Nc Owner, baud on [he 2 69 and obxrataru x Fh< site u pros':deT1 in Subpangrap or. the Oau compmmg the Commor's Appliotan for Pac~ mm that Nc Yurk his progrcssctl to the pant mdtotcd and :hat, w the bat of Jm Archned's knowkdge, mfurmatksn and n<b<f. qualm of Nc Y'ork b m xmrdarxe wuh dsc Comm Dxumrnts Tnc foregoing reprexnutans sic wblecF w an r:duaoon of the York fur corfortnancc won the Cnncrxt Uxummu upon. SuMnmul Cnmplmnn, w resulrs of wnx~ yumt rats and vupcnans. u> m:rx>r dcrutwrts (Hart: me Gm- tnct Uxumcnu corrttvbk prkn w completion and [a spc uGc 4wl:fianuru exprnxd nv the Archucct Thc issuance n( a ~ouGaa:c !•.r Pa+m<m snail further axiSUmK a rcpresenutx rn tea: tic Gmtm'm a mhd<ttl w paymem m the amrwnF core f:d How eccr, the issuance of a Cemfane for Payment stall nn: Fa a reprcxnutum for the A:chnc<t has (I) made <xlutn~ trve sir • •,u::rv ws Doane mspvex m. m duck the 4wlny sir quanup~ of tic sa'urk. ('_I rcvxvxcd a:m~mauun mcaru. mah Ws, mchmyucs, xqucran ur pruNurv~. (sl rcckwcd arpn~ of ¢yui nnHU ¢craN hum Sulxumnaurs anJ rtu:crid sup pliers and olh<r mu rryunmd Dp the Owner m wbsunwtc the Gvnncwr > neht a+ paa mcm ur (p accnainad how ur Gn what purprx :hc Comnnor ^s ux'J rt:ancp prowmlc pod on xcou.^.r of [hc Cumrxt Sum. 1.6.11 Thc.Archrtm still nave au:hon[y ua :d<c[YUrk whuh d•xo nut confu:m [u the Conuxx Uxumrnts. Y'hrnesa [he Achnatit avu:dcrs n ncc:nsan' or aJrivbk for imPkmrnu~ tan u(tbe mtm: of ehe Comrxt Documents. [he uchnect w:ll have authumc w reyuirc addnwnU wpecFwn or tanng of dac ~'urk in xcordu:cc won [hc pruvtikans oI dsc Gan[rx[ Uxv- mrms, whcthc: or not such V!'urk is 6bruneJ, irssWkJ ur cumplaeJ Huwc.r.. neither the authority of Fh<uchrtm mu a decmun made m Ruu1 /vsh aha w exrrcue or no: w ex<r- cix such au[homc shall g:vc nsc to a dmy or respunsi~ and :Y¢ Mchitttt w [h< Con[mor. subcammors, <quipmrn: suDPGcn. their agents or emPlovres or otnce per wns pcrWrm:ng pmrom of the York 2.6.12 The uch:me: shLl review' and approve or uke other appmprum xian upan CuntrxFOls submnnb such ss sMap Drawings. Pruduci Dna and Sunplrs, nut sink fur the IunnN purpose of chttk:na tar con(urmm<r wnh in(arnutan gncn and [hc dome cuncrpl espresxd m the Cumm Uxumrno The dr.nuevt. uuun shd! be nkrn web such rr w'rt'n4 pn>mPmos s to nux no delis in the York nr m the am vructkm of the Owner or u(xpante eon:murs. while a!low~ :rag sulfiam' nme m the Archueci s pmlrssuvul lua;_arnm er perms adegwm rcckw Review of such submmu is not om- duaTed fur tie puryox of dacrmining Fhe xcurxy and cum pktenns of o[ner :7cuJS such ss dimensions arW quantities .x Wr subsuntunng imuuctwro lunrwdlaam sir per(urrtunce u! cympmcnt or mrot<ms destgncJ be the Gmtmar. all of w nah remain the resprro:Dduy of the Gmnxtur ru the extent require) be the Gmtm DoeamenFS. Toe uchitttib res'k-w shall not curonmm apprucil of vkty prttautans sir. unlns uthcrw-:x spccifaulh vat<J b`' tnc Mchiact. of aarwrurtwn Weans, mc:hrx's. tttbmqua. sequrnca nr Pnxedure+ The ArchrtttYS apPnr.d of a spmfa hero sh:Jl rat indxam approval of N axmbl. of whxh the oven is a <umpunent. IX'hcn pmfcsaml cemGouun of perfurman<e cYurxmrWxs o! mxcrials. saxems sir equipment i< required by the Comrxt Uxummrs. the uchaca snail be rnudN u+ M. upon sucn cmtho[xan sit ouhlish that me materials. sstenu or equiP~ mrm wdl meet the pcrhnmmcc cnmru rcywrcd D. the Gxt- trxt Drxvmms 1.6.13 The Archnm sha11 prepuc Clunge Orden arW Cum strucuon Change Urecuves, with supporting drxurtxnb[van and dais J tl¢med necessan' D!' the Mchnttt as provkk0 m Sobpuagnphs 3.1.1 anJ 3 3 i. fur the Omer s apymvd anJ cnttman m xandancc won the Gamrxt Uxuments. and map autho:¢c m:rwr changes in the Yurk an mrelrmg an adjwtmmt u~ the Context sum or an extmsxm nRne Contra Tune whirl: are no: m<nmistrnt won the intrnt of the Connxt Uxumcnts 2.6.11 The Archnnt shill arndtxt msprcdms w sktcrnmc me dat<or Jatcs of SuMUnml Gampk.an and the date u! 6rd anmpktan. vbll rcca.c mJ fnrwarJ to Fnc Owrxr for Pm Ow-ears rc'.:rw and record. wrnm wnnntx. and rcLn^7 d~numu:ta aywrcd n) the Gmuw Uxwnrno anJ asa'm hkd n. ma (nnvx;~ u. atxl shall asx a God Crn:&mc U u Pr. mmt u(nn oxnplorm wnh [hc rcymrcmrnu of the Cnntrxr U vrncnn AU p:J6TgEM BUI • rr¢<FP ePi flnFl T eLxF[YC•T • f<APTFLaiH FDRItH • NeP • 41N 3 8741-1967 nn nsuxn..an.Tnr;F nF xxuun~;.t-p!are rnxr. xaF`T.tss.wa»nsra•rar. rnr. 7"ERAS AND CONDITIONS OF AGREEMENT BETWEEN OVL'NER AND ARCHITECT I ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 MCYIfTECT'S SERVICES 1.1.1 Th< Architeci s xrvka coruiv of rhLSx xnices pa~ brined be nc~ 4chirna, ArchirM'S empby'ees and 4chirm"s cortsulunu a rnummrco m ArtkkS? antl 3 otrhu Agreement and ans' aha sm`kes included N Artick I? 1.1.2 The Archnecfs services shall be perfortnN ss expafi- rxalu!y ss u cortsistrnt with professiurnl skill stud care arW nc~ orderly progress oI the u"ork. Cpon rcquesT of the Owner, nc~ Arthnm shall wbmi: for the Owner"s approval a xhcduk for Ihr pcdurrtun¢ of nc~ Architect s xrciccs which mac D< adimlcLl ss Frye Prulca procads. and shall indutlc alMlwarxa tut penods of [line required for the OwTmi 5 ra~iew and for aPPros'al of wbmmluns by autlwn[ies having jurisdiction ova me Prulea Time limiu esnDlished by this schedule approved br nc~ OwTxr shall our. exceq fur ms,xEahk our. be exceeded be [I1c .4Ch¢CCf rl Gw'n<r 1.1.3 The xniccs covered be this Agrernmm are wbiect u; :hc ::roc Ivnvtiuro cuntLncd b Suhpang:aph 115.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFlNRgN 2.1.1 The Archirm'S essic Srn~ices consist of thox dexnbed in Pangnphs?.2 through 2 G and am pryer xnices idcnnfiad m Article 13 u pan n(Buic Services, and include nomul stmt tool. mechanical and elcarical engineering xrviees 2.2 SCHEMATIC OESICII PHASE 22.1 Thc Architm stall re•'kw rh< program fumshed DT nc~ Groner ro aucrtain [hc rcquircmenu of the ProKa arW shall a; nve n a mutual undersunding of such rcquiremenu wrth nc~ O . ncr 2.2.2 Thc Architect shall provide a prcivnirury e•~lua:ion of Frye O~xrs program, schcduk and cunstrucrion butlgcr rcglurcmrnu. each m Feints of nc~ usher, suDjm to the mnro~ [erns x: forth N Subpalagnph 5.2 i. 22.3 The Archnm dull revkw with m< Owner Nenutivc approaches ro design and eonsrntcTion of nc~ Projm. 2.2.4 Baud on nc~ mu[ually agreed upon program. xheduk and constmcwm Dudgr requirements, nc~ Archnm shall prapac, fur approval by nc~ Owner, Schertutic Design Docu. menu mrsntmg :;(drawings and other drscumrnu gluslnring nc~ xak and rch:wmhlp oI Prolm componenu. 2.2.5 Thc Archnca stall submit m nc~ Owner a prdunuun exunmc o! Consmuawn Cost hued on currrnr area. vWUme or uthc um: msu. 2.3 OESM~l/ DEVELOPMENT PHASE 2.3.1 based on the approved Schematic Design Ihxurncnrs and any adlusimrnts authorized by nc~ Owner N nc~ prtrgnm. xhavlulc or cerewa:un budget, [he Archie n dull pr puc. fur appnr.'al by [he Owner, Design Drs'cbpmrnr Drxvmrnu uxuuung of dnw'ings and other ducumrnu w fix and dcxnlx the size and chancier o! the Projm a [u archirmunl. xruL'. tool, mechanical and elmnol systems, rtutarab and wch other clamrnu ss may be approprvte. 2.32 The Archirm shall advix NC Owner of any xllusrmmt. ro the prelimvury exinute of Corurmabn Corr. 2.4 CONSTRUCTION OOCUMEMS PHASE 2.4.1 Baud on the approved paign Dcvebpmen[ Uzu~ mrnts and any (oohs adjusrmrnu m Frye xopc or gllalu•' of the Project or in nc~ conslructbn Dudga au[huriTrd Dv rhr Owner. the Archirm shall prepare, for apprural by the Owner. Constwa.m Drxvmcnp consurmg of Dnw'ing and Spaifio~ into sating (uM m devil Frye requiremrnu fur the construe. txm Of the P[LS1m. 2.42 Th<Archirca shvl assur [he Owner in lhr prapanuun of :hc ncccssar•' blJding mbrmatan. bWding (urns. nc~ Gmdr twits of the Con«xt. and the form of Agrccmrnr b<rwm: Frye Ow ncr and Conrnaor 2.4.3 The Arehirm shall xlvix the Owner of anc adjus[menu to previous preGrnirur7' ewimarn of Conunactksn Cnst mdi~ catty Dy changes b «quvements or gencnl marks conditcxu 2.4.t Th< Arehi[m sha11 assist [he Owner m connmlun wnh the Ow net's resporuibilirY (or filing docvmrnu regrured fur [he approval of gorerrvnenul aurhun[cs having jurtsdremn ma nc~ Proka. 2.5 BIDDING OR NEGOTIATMJN PHASE 2.5.1 Thc Archnea. following tM Owner s appra•~I of [hc Cons[ruc[wn Documents and O( dx b[m pMimuun~ cstvnarc of Constnrtion Cost. shall asses the Owns b obtaining bids or negavred propo5afs sod asses in aw aMvlg and prepanng corarxu !or corotmction 2.6 CONSTRUCTION PHASE-AOMpi$TRATION OF THE COfISTRUC7iON CONTMCT 28.1 Thc Arehnm's responsiDitity to provide Buie Sen'iea fur the Consrruaion Ptux under Nu Agrrriirn[ eanmalces wnh the award of the Covina (or Coru~vcdon and termwtes at the eankr of rtx iwrutce m the Drools of dle final Cmificnc for Payment or 60 days aha the date of Substan[i9 Cnmpktirm oI the Woh, uNcss ex[enrkd under the remu of Subpangnph 10.3.3. 2.62 Thc Arctdrm shall provide adminatntgn of the :.on- Irxr for CortNrslcTion u set forth bcbw and in Frye edltnn o! AIA Document A201, CmxN Conditions of Frye Gmtnct br Corurnlcrion, aurmt a of the date of Nis Agreement unless urherwbc provldcd m rho Agreement 2.8.7 DLnia. respolulbllhies arW limiurkxes otwNOnry of dle Archnm sha8 not be restrkied, mrdified or encmkd w¢haur writtrn agreement of the Owner and Mchnm w'iN cunxnt of the Conrmrx. which conxnr shag rrar h< unravmabl~: wtthhNtl TI1F nNi YI%l.'.INTII LiE pF aMOIITKTI I'SS Sfw TtMRa\t>l E[?w,wAIIIS(iTOa •Dl rtr B7{1.7987 2 T X E A 4 E R I C A N I N S T I T U T E A/A Lkzument B14! O F h 0. C H l T E C T Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOLL:IIL:\"T HAS 1.11PURTA.\'T LEGAL CU.\'SF.QL'F:\'CFS: CO.\"5!'LT.~TlQ\~ ll"''/TH A ~ dTTUR.YEY" /S E:\CUCR.~GFD l[7TH RESPfCT TO /TS CQi1PL£T/QY OR .110D/F/UT/U.\'. AGREEMENT made as of the 17 th da}' of October Nineteen Hundred and 94 BETWEEN the On'ner: come. med marnssy City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32266 and the Architect ne•~m ,,,,d ued.,v) Michael W. Dunlap 1602 First Street Neptune Beach, Florida 32266 For the following Project: rOnhul. Aa:udnl WYrgxvon r~ pnnv. (aaen.n. ruLlgg acrd ¢ryk/ in the year of Provide Basic Services and landscape design services for a new Community Center located in Donner Park. The proposed program for the facility will be wood frame, one story and flanked on the east north and south by a covered deck. A shed concession stand will be attached to the north side. The interior preliminary requirements consist of an office, storage, mechanical, and tvo restrooms. The Owner and Architect agree as xt forth below. CoV>T¢th~ I'll i, 1936. 19ifl, 1951, 195 i. 195N. i951. I~3. 19GL. I W'. 1'Y0, 19?~. 19'T. G 19X' pv Tnc Amcrcan lnanmc of Arcnutt¢. I'15 Fvr Yur4 Avcnuc. N ¢'_ ¢'sst;mglon. D C 2pIW. RcpoOSCtun of Nc myATW t¢am or wnvamvl gonnln)n nl ns pn;•'mom rnnom rnnrn pcrmnsam of tl¢ Aq rlnlars [Oe copyrgtlt lard of:AC L'nncC Soso arW rJI br sunrca u+ kRal prmcauan ^•^ wboRNl OlN pY']fR Mr N1iFtT A4RE4E?T • fr)r PTEE~iH LIXTq~ • AIAr • Glyn' 1fIF nYfY:r,A~INTITI:TEr)fMCInTU,Ty.I')S FFr T(MNA)LSl[]¢'.iAY11\GT0.V.pC has/r EIT~1-09E7 T y ~... ,.r:•{MAY C-F,=. i.F. ~H'.4 .l..i:4rq MICHAEL DUNLAP AIA - 1602 FlRST STREET 'i NE_P'IUNE BEACH, FLORIDA 32266 (904)241.9692 T 18 October 1994 Mr. Kim D. Leinbach .- City of Atlantic Beach ~ ~` ~~,; 800 Seminole Road -` .,~~ c Atlantic Beach, Florida 32233 ?=, 'r Re: Architectural Services y` Donner Park Community Center Dear Kim, Please find enclosed the two copies of the B141 Contract for your review and approval. The estimated project budget of $ 90,000 is inadequate to fund the work. I recommend that the scope of the work be reduced or additional funds secured. As part of the schematic work I will provide estimated cost alternatives for the project based on various construction types, such as wood frame, masonry or steel frame. Article 12 indicates modifications to the Contract regarding sections 4.5 and 4.6. The sstimacad cost for these services are $1500. and $1800., respectively, in addition to the Contract fee. Sin y~~ / Michael Dunlap AYCHTTECT CITY OF J'~ladie $iaclc - ~leeida w SSE moAs ATI.AMrIC aF.1O1. FI.OROH A21}SMS THBf10P¢ OM) 2fYSIB1 FAX Oetl 2aFia15 November 10, 1994 Honorable Mayor City Commission Members Atlantic Beach, FL Dear Nayor and City Commission Members: Please find enc lcaed a proposed contract between the City of Atlantic Beach and Michael Dunlap in reference to the design of a community facility [o be located in Donner Pazk. I do not believe the fee Ss out of line when viewed in conjunction with the anticipated coat of construction. Bowever, I am concerned over his belief that our estimated budget fella short of anticipated needs. Nanethelesa, I suggest ve proceed and ask Mr. Dunlap to work closely with our Parke 6 Recreatio¢ Advisory Board so that a sound and complete recommendation can be made to the City Commission for consideration. I t61nk Chat i[ would be very importa¢t to involved Ms. Gail Baker in this process as she would be one of the primary iad ividuale with knowledge as to the needs and uses of the facility. Thank you for your consideration and please advise- if you desire addit tonal information. Sincerely, /,~/ ~s D. Lein ac~ City Manager KD6.dst cc: Park S Recreation Board Gail Baker Enclosure 7~ Parks Dept. Div. Dir. ... page 3 Ability to lift heavy objects. Knowledge of occupational hazards and safety precautions necessary to the operations of parks equipment and light duty vehicles. Knowledge of City geography. Ability to plan, schedule and effectively supervise work of park crew. Ability to prepare reports and mafnteln records. Ability to communicate clearly, orally and in writing. Ability to deal tactfully and courteously with the pu611c and other employees. This class specification should not be interpreted as all inclusive. I[ is intended to identify [he major responsibilities and requirements of [his job. The incumbent may be requested to perform job-related responsibilit iea and tasks other than those staled in Chia description but which are commensurate with similar levels of responsibility. Parks Dept. Div. Dir. ... page 2 Assists other municipal departments when requested in functions applicable to the Parks Department. Pions and assigns work, reviews and evaluates the work of the employees involved in the maintenance operation of parks. Schedules meetings with the crew to ensure effective Communication. Recommends hiring and disciplines staff upon concurrence with the Public Yorks Director; reports disciplinary incidents [o Public Works Director. Rates/prepares employee performance evaluations for review by Parks and Recreatio^ Program Director. Maintains and promotes safety rules and regulations as set by City policy. Performs other related duties as required. MATEEIALS A9D EQDIPNEET OSED: Light duty vehicle Weed-eater Chafnsav Two-way radio Lawn Mover Power Tools Computer Blowers Nand Tools tlIBIKDX ODALIPICAT I06S DESIRED: Education sod Ezperieace: High School Diploma or.G.E. D. Pive to seven years park maintenance experience or comparable type maintenance experience. At least three years experience in a supervisory capacity. Licenses and Certif ieatfons: Valid Florida Driver's License with a satisfactory Notor Driving Record, CDL desirable [nowledge, Skills, and Abilities: Knowledge of modern methods and [echn iques of park maintenance. Knowledge of City maintenance methods, practices and techniques. Knowledge of mechanical repairs. Skill in operating machinery and using assorted power and hand tools. CITY OF ATLANTIC BEACN CLASS SPECIFICATION Jub Code: Date: 10/19/94 JOB TITLH: PARES DBPARTMHNT DIVISIOB DIRECTOR RHPORTS TO: PUBLIC WORKS DIRECTOR DHPARTMEBT (S): PARKS AND RECREATION JOB SOMMARY: Plans and directs the daily operations of crew members vichin the Parks Department; Sn su res proper care, operation and maintenance of park trucks, equipment and facilities; oversees Park mainten- ance crew engaged in maintaining the City's parks. Promotes safety. MAJOR JOB RHSPOBSIeILITIES: Superv iaea [he P6R crew's daily vork schedule as it relates to la ndacaping, park maintenance, equipment maintenance, mowing, weed-eating, fertilizing, shrubbery end flower bed planting and grooming. Assists in planning long and short term goals and objectives in addition to developing policies and procedures, rules and regulations as approved by the Parks and Recreation Program Director. Investigates complalnca and recommends corrective action. Insures that vork orders are completed and evaluates the performance and quality of the work. Monitors use and maintenance of park [rucks and other related equipment, achedu les preventative maintenance and other repairs as necessary. Prepares necessary reports/paperwork and informs Parks 6 Recreation Program Director of departmental activities on a routine basis. Assists in preparing annual operating budget and monitors expenditures. Inspects facilities, recommends improvenenta in work procedures and activities; maintains operating records; prepares special reports and memoranda as required. P6R Director (page 2) NATEeIALS AND EQDIPMENT DSED: Automobile MININON QDALIPICATIDMS DESIRED: Education and Ezperience: Ba<helor's Degree in Parks and Recreation Administration or the equivalent combination of education or experience. Three years supervisory experience in Parks and Recreation. Licenses and CezCif ications: None [norledge, Skills, and Abilities: Knovledge of the techniques and practices of park, recreation management and administration. Knovledge of municipal ordinances governing the use of city parks and recreational facilities. Knovledge of horticulture. Ability to establish working relationships with city management, employees and the general public. Ability to communicate clearly and effectively orally and in writing. Ability [o prepare long range development, improvement and construction plane related to park facilities and grounds. Ability to deal tactfully and courteously with the public and other employees. This class apecif lcaticn should not be interpreted as all inclusive. I[ is intended co identify the major reeponaibilitiea and requirements of this job. The incumbents may be requested to perform job-related responsibilities and teaks other than those stated in the specification. CITY OF ATLANTIC BEACH CLASS SPECIFICATION JOB CODE: 3170 DATE 11/9/94 JOB TITLE: RECREATION DIRECTOR REPORTS TO: CITY MANAGER DEPARTMENT(S): PARRS AND RECREATION JOB SOMMABY• Develops and administers year-round parks and recreation programs to ensure effective and proper maintenance and use of recreation areas, facilities and equipment. Provides and enhances the quality of life for [he cLCizens of the City of Atlantic Beach. MAJOR JOH RESPONSIBILITIES• Assists in planning long and short term goals, objectives, organizational structure, and overall direction and vision for the department; develops policies and procedures, rules and regulations. Plans and assigns vozk, reviews and evaluates the vozk of employees involved in the administration of recreational programs; schedules meeting with staff to ensure effective communication. Directs studies determining [he parks and recreational needs and evaluates existing programs; directs the planning and development of parks and recreational services and maintenance of grounds and facilities. Develops and implements annual departmental operating budget; monitors and controls expenditures. Confers with City officials, community and special interest groups [o schedule recreational programs and park facilities; meets with community representatives to plan and coordinate work and to gain support for program activities. Assists o[h er municipal departments when requested in f.unc[ions aFplicable to [he Parks and Recreaticn Division. Inspects facilities, recommends improvements in work procedures and activities; maintains operating reccrds; prepares special reports and memoranda as required. Performs other related duties as required. Your consideration of this proposal is appreciated. It is my intention to recommend these changes for the better operation of our municipal government and meet the priorities you have established for our community. For your convenience, I have enclosed suggested descriptions for the positions noted herein. I would be most happy to answer any questions. Sincerely, i ~n~ ~~~ D. Leinbach City Manager Enclosure maintenance. Duties include landscaping/lawn maintenance, pesticide/fertilizer application, parks/playground upkeep, safety program coordination for the Parks Department, etc. This chart of organization reflects this configuration: f cih~ ~Q 'rue Wks oQa.« _~_ '.Pules Div. Dirtaa ' I Mice r~ :Wakes 1 ~~ ~ ~ Waka f Please note, this is working position in addition to assigned supervisory responsibilities. The individual will be expected to participate in the mowing, plant care, playground and other equipment repair, etc. along with supervising personnel, budgeting, planning, et al. I am proposing to fund the Recreation Director as currently provided within the established pay range. Regarding the Parks Department Division Chief, I recommend, as previously noted, converting the current, vacant Maintenance V/orker I position to the new one as proposed. The pay range recommended, grade ]0, begins at $25,027 and ends at $36,189-I am planning to hire an individual, if you concur with my proposal, at the beginning step ($25,027). When compared to the original position, funded at $14,196 per annum, the additional cost is $10,831. This difference may be obtained from our city hall lawn maintenance account, totaliny $14,000 for one year. I have discussed the possibility of having lavm maintenance performed by the Parks Department as led by a new Division Chief with experience in this area and feel we could do the job. Ii you agree with this scenario, we would actually save $3,169 a year wen with enactment of the upgraded Parks Department position. !I I I am requesting your approval to restructure the department with the goal in mind to assure equal consideration in both these important service areas. My recommendation is to hire a Recreatlon Director responsible directly to the City Manager. This individual would be charged with the general mission to plan our parks layouts (ie. functional design) and ensure their usage to the maximum. In the latter regard, I emrision coordinatton/cooperation with all city departments, other govemmental entities(eg. school system, county et a1J and private concerns as well (eg. YMCA leagues and the like). The organizational chart would look like this: a~J l~ In addition, I am recommending the upgrading of a current, vacant position to one entitled Parks Department Division Chief. This individual would be responsible for all parks and assigned city rights-of-way CITY OF t ~eaek - ~lesie(q wa sFMmq,E xwn AM4TlC IIP ~L7~, F~,~p~ ~~~~ rFLFPNO!iE IMq ]a.5M9 FAX IfM/ 1~SSl5 November 2, 1994 Honorable Mayor and City Commission Members Atlantic Beach, Florida ~ Mayor and City Commission Members: I am herewith proposing a reorganization of our Parks and Recreation ~ePartment In that the Director's position is currently vacant, as well as one Parks Maintenance Worker 1, it is an opportune time to make any changes. Specifically, I am recommending the dividing of responsibilities concerning parks and recreation activities. Currently, under the Atlantic Beach Code, the Parks and Recreation Director reports to the Public Works Director and then City Manager. This position also supervises three employees and one part time An organization chart would depict this structure as follows: 7 ~- ATLANTIC BEACH WATER DISTRIBUTON SYSTEM ANALYSIS DESIGN SERVICES 07/13/94 Project No. 94-225 THE AND COST SPREADSHEET GEE 6 JENSON ENGINEERS-ARCHRECTS-PLANNERS. INC. 4DDITIONAL FlELD TESTS AS REQUESTED BY CRY STAFF - COST OF ENGINEERING PEN TEST J1BOR COSTS Man FbursAabor Rates Per Sdicdule •A' __ NORK BREAKDOWN Hourly Rate JEC §85.00 _ JGJ §65.00 MKJ 550.00 SD §25.00 TOTAL 4dd"Nonel Pqy Tastlng wNh CKy Craw 4djust Modal b Frt Fadd CondNons ~Pdate ^9 Report and Map 0 0.5 0 1.5 1 0.5 0 0 0.5 0 0 0 597.50 §107.50 §57.50 iE1MBURSIBIE CASTS :ADO Campuler Charges 1.5 Hr Q §8.00 §12.00 AST PEA TEST WRH UPDATE OF MODEL 5274.50 _ _ _ _. _ _.~y. - . ~ ~TLANTiC BEACH WATER gSTRIBUTION SYSTEM ANALYSIS DESIGN SERVICES 07/13(94 Yoject No. 84225 TIME AND COST SPREADSHEET TEE 6 JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC. 'ART D -TRAINING SESSION WITH CTTY STAFF ON HYDRAULJC COMPUTER MODEL Man Hours/lobar Roles Per Scfwdule'A' ABOR COSTS /ORK BREAKDOWN JEC JGJ MKJ SD TOTAL TIME Hourly Rate 585.00 565.00 550.00 525.00 SCHEDULE atop Model on City Computer 0 3 0 1 5220.00 09p2/'94 .eview ModelBng Requkemards o 3 0 o St 95.00 09p2/94 arfam TutorW witlf Teel Model 0 4 0 0 f260.00 09/02/84 erfonn Trlal Analysis on Cfy System 0 8 0 0 5520.00 0826194 nswer OuesBons 0 8 0 0 5520.00 08/08/94 l1BTOTAL gRECT LABOR 0 26 0 1 rojxt Manager (JEC) resigner (JGJ) tatter (MKJ) eerotary (SD) 118T0T/LL gRECT LABOR COSTS FJMBIkiSIBLE COSTS 18eage /ATER Hydraulic Computer Model UBTOTAL REIMBURSABLE COSTS "OTAL PROPOSED PRICE -PART D OuarNry l)rrit Price 126 MLes 020 1 Ea 750.00 50.00 Si,690.00 w.oo s2s.oo 51,715.00 52520 5750.00 iI /~{V 52.49020 "OTAL PROPOSED PRICE FOR SCOPE OF WORK -ALL PARIS 538,960.50 tTLWTIC BEACH WATER DISTRIBUTION SYSTEM ANALYSIS DESIGN SERVICES 07/13/94 tojeet No. 94225 TIME AND COST SPREADSHEET TEE 6 JENSON ENGINEEAS•ARCHfiECT~i-PVWNERS, INC. BART C -DEVELOP WISTER PLAN IMPROVEMENTS UT1LmNG UPDATED HYDRAULIC COMPUTER YODEL Man Houn/Labor Rates Per Sehedule •A• ABOR COSTS YORK BREAKDOWN JEC JGJ MKJ SD TOTAL T IME Hourly Rate 585.00 565.00 550.00 525.00 SCHEDULE lodtshop Wllh Utility Commlvee Members 4 4 0 1 5625.00 08/12/94 4eview Fuhrre Lard Lhes 1 4 0 0 5345.00 08!12184 s/aWish Fueae Water Demands 1 16 0 0 57,125.00 08/12/94 ratarrrkra Improvanad Needs from Staff 1 8 2 1 5730.00 08/1284 un Canputer Model with Improvements 4 40 4 0 53,140.00 082884 Ascuss Model Results with Staff 4 16 4 0 51,580.00 08/t684 raMalop Cost Fatimates and Phasing 4 12 4 0 51,320.00 098284 repare Master Plan la hnprovemems 8 24 20 2 53,290.00 09/02/84 ipdata CARD Map with Mesta Plan 2 4 16 2 51,280.00 09102/94 ]Tani Review and Presenta8ons 4 8 6 1 51,185.00 0810984 ~UBTOTAL DIRECT LABOR 33 136 56 7 rojeet Manage (JEC) 52.805.00 resigner (JGJ) ~ 58.840.00 setter (MKJ) 52.800.00 eaetary (SO) 5175.00 UBTOTAL DIRECT LABOR COSTS 574,620.00 :EIMBURSIBLE COSTS OrwrOly Unit Rice lileage 168 Miles 0.20 533.80 qua Printing 60 sM 0.70 542.00 :ADD Pbtling 12 sht 20.00 5240.00 :AIH1 Computer Charges 96 W 6.00 2768.00 :opying 500 copy 0.05 525.00 ostage 1 H. 25.00 525.00 LBTOTAL REIMBURSABLE COSTS 5/.133.60 OTAL PROPOSED PRICE - PART C 515,753.60 tTLAHTIC BEACH WATER gSTRIBUT7ON SYSTEM ANALYSIS DESIGN SERVICES 07/19/94 YoJeet NO 94226 TIME AND COST SPREADSHEET SEE 6 JENSON ENGINEERS-ARCHREC75-PLANNERS, INC. ~AfiT B -UPDATING HYDRAULIC COMPl7TER MODEL YYfiti FlEL.D DATA Men Hows/Labor Rates Pa Schedule •A' ABOR COSTS yORK BREAKDOWN JEC JCi,I MKJ SD TOTAL TIME Houdy Rate 585.00 565.00 550.00 525.00 SCHEDULE Spot A9 Pipes, Valves, PRV's, Etc. 2 16 0 8 51,410.00 07/22/94 djust Modal b FR Field Conditlons 2 32 0 0 52250.00 07/22/84 gyelOp Fh4d VedBeation Sites 7 4 0 0 5345.00 07/29/94 starfish Water Demuds M A8 Nodes 1 76 0 0 51,125.00 07/29/94 starfish Ere Fbws from Fee Marshall 0 2 0 0 5730.00 08/05/94 ropers Final EtdsOng System Model 1 24 2 2 57,795.00 08/05/94 rtegrate New CADD Map tram Cily 0 4 8 0 5660.00 08p5/84 update Cily CADD Water System Map 1 8 40 0 52,605.00 08/05/94 reparo Cobr Copies of CARD Water Map / 2 8 0 5616.00 08/lfa/94 fapara Brg'vieering Repoli 1 8 4 1 5830.00 08/12/94 Sent Rwiew and Presentations 2 4 1 1 5505.00 00/12/94 UBTOTAL gRECT LABOR 12 720 63 12 toject Manager (JEG) resigner (JG.I) ratter (MICJ) ecretary (SD) UBTOTAL gRECT LABOR COSTS ~JMBURSIBLE COSTS glesge 1ue Prinfirg :ADD PlotSng :ADD Computer Charges pPYi^9 ostage UBTOTAL RFJMBURSABLE COSTS OTAL PROPOSED PRICE -PART B a+a^5tY Unit Price 168 Miles 020 ~ sht o.7a 72 sM 20.00 119 Hr 8.00 300 copy 0.05 1 b. 10.00 51,020.00 57.800.00 53,150.00 S3o0.00 512,270.170 533.60 533.60 sz4o.oo 5852.00 515.00 310.00 51,28420 573,55420 r~.srrs..t \TLANTIC BEACH WATER DISTRIBUTION SYSTEM ANALYSIS 'roject No. 94225 DESIGN SERVK:ES 07/13184 iEE 6 JENSON ENGINEERS.AgCHfTECTS- PULNNERS, INC. TIME AND COST SPREADSHEET 'ART A - FlF1D TESTING AND MAPPING VERIFICATION ABOR COSTS Man Haurs/Lebor Rams Per Schedule •A• YORK BREAKDOWN JEC JG.1 MKJ SD TOTAL THE Hourly Rate 385.00 565.00 550.00 525.00 SCHEDULE :ei4ew m EsmCng Maps. Penns 1 elaesatmTast Silas 8 0 1 3630.00 07/01/94 1 4recl Field Tectlng witlt City Clews (24) 2 4 ~ 0 3345.00 07p1/94 second Water Plant Flown and Pumps lhed p 36 0 32.510.00 07/15/94 record Test Resells 4 0 2 5310.OD 07/01/94 1 .dditlonai Feld Testing b Verify Model (8) 1 4 3395.00 07/15/94 lea survey m Missing Dam 12 0 0 5865.00 07/22/94 2 rapers Enginewing ReptM m Resells 2 1 s o z s1 z6o.oo 078219a liem Review and Prasentatlons 8 8 1 51,115.00 07/22/94 2 4 0 0 3490.00 0782/94 l1tTTOTAL DIRECT LABOR 12 96 9 8 roject Manager (JEC) vaguer (,1G,() 31.020.00 setter (MK.Q 36,240.00 ~e~Y (SD) 3400.00 3200.00 UBTOTAL DIRECT LABOR COSTS 57,960.00 EIMBURSIBLE COSTS Oua~ty IJnN Price Ideage 840 lee Printing Miles 020 s168.Op 5 ADD PbtOng sht 0.70 ~.yp 1 ADD Computer Charges sht 12.00 572.00 8 oPYin9 Hr 8.00 SG4 ~ ilm and processing 100 copy 0.05 55.00 5 ostage set 8.00 340.00 1 k. 10.00 510.00 UBTOTAL REIMBURSABLE COSTS 5302.50 OTAL PROPOSED PRICE -PART q 38.162.50 n Roben S. Kosoy, P.E. City of Atlantic Beach July 14, 1994 -Page 4 4. Ass'is[ in using the City's water distr~ution system model, and how to update the data such as replacement pipes or additional water lines in a new subdivisan. 5. Answer questions during and after the sessan relating to setup of the model. Compensation for professional engineering services a5 descried above is estimated as follows: 1. Compensation for Master Plan Part A: 2. Compensation for Master Plan Part 8: 3. Compensation for Master Plan Part C: 4. Compensation for Master Plan Part D: 5. Engineering Services for Additional Fire Hydrant Testing $ 8,163.00 (CurenEyAutlror¢ed) $ 13,554.00 $ 15,754.00 $ 2,490.00 $ 275.00 each A deta-ed breakdown of each Part IS encbsed for your review. We understand the authoraation wit be under our contrail with the City dated December 18, 1990, and approved on February 1, 1991. We thank the City of Atlantic Beach for the opportunity to presets our proposal for engineering services on this important project If you have any questions, please caN at any time. Sincerely yours, ~~:r ~= ~~~ ~~~ Jahn E. Cdlins, Jr., P.E. Project Manager encs cc: Kim Leinbach Jim English n Robert S. Kosoy, P.E. City of Atlantic Beach Juty 73, 1094 -Page 3 1. Meet with the Utlity Committee members in a workshop to review any current improvement plans and establish long-term goals for distr@xrtion system improvements. 2. Review Comprehensive Plan Future Land Use as it affects water demand. Establish future water demand at aN model nodes. 3. Develop Water Disinbution Improvements based upon recarrrr~endafions• Establish proper location and saes of current and hriure Ctty~vvfde IooP system of the larger water maces. Concentrate on confrmirg the proper water main sae in the Beach Avenue Area 4. Prepare the future computer model using e~dsting coed ~ wrth of~ffiee enprovemerris and requirements, and plot the 8f ger~af map system shoving typical system pressures versus average and peak daffy water demands, and fre flows in four (4) locations, selected by the City staff. 5. Update CARD Water System maps to show proposed water system smprovemerrts. 6. Prepare a repoA summar¢crg the Mast~r «an ~ ~ ~ rnrer a 6dor 10 estimates. Establish a phased prog year period. ti. ai a n Training Session with City Ct~ on Hvdrn~ tu` r'-omouter Model. 1. Obtain a I'icensed copy of ihe'WATER' hydraulic compirier model Program, and load onto the Ciry's IBM based comfxIIer. 2. Review the features of the program, and examine the requcemerrts for computer modelling. 3. Assist in running the tutorial prepared by the model corty~any, or other appr°Pnate model to be used as a teaming tool. n Robert S. Kosoy, P.E. City of Atlantic Beach July 13, 1994 -Page 2 2. Develop Test Sites for Fre Hydrant tests, and perform the tests using City crews and equipment. Measure picot pressure and residual pressure at adjacent hydrants to aid in developing empirical data for the hydraulic computer model of the system. 3. Field verify seleded distribution system components, as determined by City staff. 4. Record the test results, and prepare a small report summar¢ing the findings Master PIa~ P rt B - Uodatinq~ydra~r Compute ~' is tea" 1. Input field data and all pipes, tanks, pressure reducing valves, check valves, and other pertinent features of the water distribution system into the erdsiing computer model prepared by Gee & Jenson Engineers-Architects-Planners, Inc. 2. Adjust the model parameters to fit test results. This wa involve many runs of the model to develop results which dosety match the field tests. 3. Develop additional Tes[ Sites for Fre Hydrant tests to verify the rrarlel, and perform the tests usng City news and equifunent. Measure picot pressure and residual pressure at adjacent hydrants to aid in develop'rrg empirical data for the hydraulic computer model of the system. 4. From City records, establish typical daffy wafer demands for each node h the system. Relate these demands to water pumped by City water plants. Estadish epsUn9 and future fve flows as approved by the City Fire Marshall. 5. Prepare the foal erdslmg computer model that closely matches ant field test data, and plot the computer generated map of the system showing typical daffy pressures versus average daffy water demands, and fire flows in four (4) locations, seleded by the City staff. 6. Integrate new CADD mapping from City records and update the epsting City water system maps to a CADD based mapping system. 7. Record the results, and prepare a report summarmng the findings. n July 13, 1994 Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Ronda 32233 Subject: Proposal for Professional Engineering Services Devebpment of Wa[er Distribution System Analysis and Master Plan for Improvemems Master Plan Parts B, C and D G&J Project No. 94-225 Atlantic Beach, Florida Dear Mr. Kosoy: GEE 8 JENSQN Engi,ee,sMdtlerlsAanvS. Yc. sasz cT:wos ~Mpn.var. c.° a JM.ISaewiPe. FbEd 32T56 Tekavrp cvoa) 292909] Fav ~90a)292J206 As discussed in the Utiily Committee meetings on May 26,1994 and June 16,1994 and subsequently requested by your staff, we are pleased to provide the foGOwing proposal for engineering services for Parts B, C and D of the Water Master Plan end comptRer model preparation which vr~ apow for water system improvemertLS to be implemented in phases over the next few years. Gee & Jenson has already been autfror¢ed with Part A for 58,163.00 and have proceeded with this work task. To complete the remain'rrg parts B, C and D we would request that the authorization be increased an addtonal 537,798 to 539.961. We have increased the scope of work of Part B and C to irdude CADD mappcrg of the existing water system as discussed with Public Works Staff. Also as per the Public Works Staff, we have included a unit cost price of 5275.00 for each additional fre hydrant testing beyond the currem scope of 32 tests. to be performed at the Ciry's direction. The additional cost w~ be for assistance during the test and updating the computer model and report. The professional engineering services we propose are to accomplish the above goals: Master Plan Part A - Reld Te - nn M Ding Verific^•'--• (Currently Authored) 1. Obtain all existing maps, construction plans, field notes and other additonal information on the existing water distrbution system. Pegs 2 of 2 RECONMERDATIOM: Approve Part •B• through Part •D• of Gee end Jenson'e proposal for Professional Engineering Servlees to eoaplete the Master Plan. ATTACRM0ITS: Proposal Eroe Gee and Jenson dated July 13, 1994. ~~~ / /~j ~ REYIEY® BY CITY tlAtlAGER:~ ~•~ G~/i1~A/lU~~ / .i 'i ~. ' i J ~ ! ~ i AGENDA ITfiN 110. ~I~l ~ J!. .. i •~,:; I+-,,,~io; yam.` - ~s~ 1, ~ ~ 1_ e 3J,~ CITY OF ATLANTIC BEACN Page 1 of 2 CITY COMMISSION MEETING STAFF REPORT AGEYDA ITEM: MASTER PLAN FOR ATLANTIC BEACH MATER DISTRIBUTION SYSTEM ANALYSIS SUBMITTED BY: Robert S. Koeoy/Director of Public Morks ~/ DATE: Novewber 7, 1994 v BACKGROUND: During the suwwer of 1994, re coapleted Part A of the Master Plan for the eater distribution systew in Atlantic Beach. This rork consisted of extensive hydrant testing by the Design Engineer and City forces. Me nor need to continue the Maater Plan to verify the proper sizing of rater Halos for present end future protects. The teaks needed to cosplete the Master Plsn are outlined in Parts R, C, ^nd D of the attached proposal dsied July 13, 1994. In addition, a key protect is the 8vsch Avenue Mater and Serer Protect rhich has been persitted by D.E.P. since 1990. The persltting of the protect rill last five (S) years, until late 1995. Me are nor proceeding Snto our lest year. If the protect is not isplewented rithin the next year, the cosplete protect rill have to be reperwitted. Port •B• - Updating hydraulic cosputer wodel - 913554.20 r/field date (Not Authorized) Pert •C• - Additional field testing - 013374.00 (Not Authorized) Pert •D• - Training Seesion/City Staff on - 82490.20 hydraulic eosputer wodel (Not Authorized) PROPOS6U TOTAL COST 031618.40 7~ Manpower Breakdown (Cont'd) ZII. BEN SUPPLY M6LL AT iiTP i0. 3 SDC 94-376 PM PE ~ DP WP AD 1. Design -- -- 8.0 -- 2. Drawings -- -- 4.0 16.0 -- -- 3. Permit Review Requirements -- -- 2-p __ -_ 4. Permit App. Modification -- -- 1.0 -- 0 5 -- 5. Abandonment of Existing Well -- -- 1.0 2.0 . 6. Specifications -- -- 6.0 -- 3 0 -- 7. Modification of Existing . Specs and Documents -- -- 1.0 -- 1 0 -- 8. Administration -- . 9. Review -- -- 1.5 -- -- 1.0 Total Manhours 0.0 1.5 23.0 18.0 4.5 1.0 10. Electrical: Subconaultant $300 T~~ A1~r 52,900 roT To ezceED IV. TUEL OZL $TORAOE lACILZ'l! 1. Design Support 2. Drawings Modif icatione 3. Specs. Modifications 4. Administration 5. Review Total Manhoure 6. Structural: Subconsultant $960 TOTAL AMOUIT GRAtD TOTAL PM PE ~F~ D~ y1p ~ -- -- 2.0 1.0 -- -- -- -- 1.5 6.0 -- -- -- -- 2.0 -- 1.0 -- -- -- -- -- -- 0.5 0.5 0.0 0.5 5.5 7.0 1.0 0.5 $~r800 ^OT TO EZCE6D $8,150 ^OT TO EZC66D - 2 - MABPOIISR BRBARDOMR EATER TR611TMERT PLART I![PROVSlD;YTS ATi.11RTIC BEACH, FLORIDA SDC 94-376 I. CBDIICAL ADDITIOR F1ICILITIEBS KATBR TRS!-'D~T PL71RT RO. 3 BM PE DE DP Wp ~ 1. Design 5 Preliminary Layout 2. Drawing 3. Specifications 4. Permitting 5. Administration i Modification of Existing Documents 6. Review Total Manhoura 7. Electrical: Subconsultant $950 TOTAL. AMOORS -- -- 4.0 -- __ __ -- -- 1.0 6.0 -- -- -- -- 2.0 -- 2.0 -- -- -- 1.0 -- 1.0 -- -- 0.5 -- 0.5 1.5 1.0 1.0 0.0 B.5 6.0 3.5 1.5 $2,250 ROT TO RZCRED II. CBI.ORIl1E ALARM SIBTB![ lFlP 80 4 pal PH DE _DP tt AD 1. Field Inspection __ __ 2.0 __ 2. Product Selection -- -- 1 0 -- 3. Permit Application Completion -- . -- 3.0 -- 1 0 -- 4. Administration S Modification . of Existing Documents -- -- 0.5 -- 0.5 1 0 5. Drawing -- -- 1.5 4 0 . 6. Review 1.0 . Total Manhoura 1.0 0.0 8.0 4.0 1.5 1.0 7. Hlectrical: Subconaultant $500 TOTAL AMODIT 51,200 ROT TO 6ZC86D PM = Project Manager PE = Project Engineer DE = Design Engineer DP = Draftsperson WP = Aordproceaeing AD Administration SCOPB OP SHRVICES ANBNDMENT (COnt'd) SDC 94-376 In addition to matters set forth herein, our agreement shall include, and shall be subject to, our contract dated Nay 20, 1994. If you concur in the foregoing, please execute the enclosed copy of this agreement in the space provided and return the same to the undersigned. Agreed this day of By: Title: witness: 1994 -2- ATTACHMENT "A" BC0PB OF SHRVICHS AMENDIDuNT )fATBR TREATMENT PLANT NO. 3 ATLANTIC HHACH, FLORIDA SDC 94-376 CHEMICAL ADDITION FACILITIES - WATER TREATMENT PLANT NO. 3 Sims Design Consultants, Inc. (SDC) will provide a design and drawings for chemical addition facilities that will feed a polyphosphate for copper corrosion control. The scope of services will include chemical storage and feed equipment, piping arrangements and electrical requirements. This work will be included in the contract documents for the present water treatment plant improvements planned for Water Treatment Plant No. 3 and includes the certification of completion. Owner to pay all permit fees. II. CHLORINE ALARM SYSTEM AT WATER TREATMENT PLANT_NO. 4 SDC will provide a product selection and equipment arrange- ment for the addition of loss of chlorine alarm system at Water Treatment Plant No. 4. Included will be the completion of an FDEP/HRS construction permit application and certification of completion. The City will pay all permit application fees. III. NEW SUPPLY WELL AT WATER TREATMENT PLANT NO. 3 SDC will provide a design and drawings on the construction of a new 8^ diameter well adjacent to the abandoned well that is located at Water Treatment Plant No. 3. The depth will be the same as or near the same depth as the adjacent well. Design will also include the complete abandonment of the exiating well. The contract documents to be prepared will be included in the documents presently being prepared for the Water Treatment Plant No. 3 improvements. The permit application presently completed will be expanded to include the proposed well construction. Owner to pay all permit application fees. Hodeling of the aquifer or aquifer testing is not included as a part of this proposal. IV. ABOVEGROUND FUEL OIL STORAGE FACILI Y SDC will provide a design of a concrete fuel oil storage tank contain-ment system for the Water Treatment Plant No. 3 standby generator. The maximum size of the tank will be 550 gallons. We will modify the existing construction contract documents and permit application to include this work. Certificate of Completion ie included. g SIMS DESIGN CONSULTANTS, INC. p Professional Ergineerirg 8 Ranrvng Conwltan~,5 C ~~ CYwess Raza Orrve, Suite t n, Jacksonvn~¢. Florida az255 RECEIVED (90a) 2818917. Fax (90a) 2961803 OC i 2 7 1994 ,PUBLIC WORKS October 26, 1994 Nr. Robert S. Rosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 SUBJ: Scope of Services Amendment Water Treatment Plant No. 3 7mprovemente SDC 99-376 Atlantic Beach, Florida Dear Nr. gosoy: We are pleased to offer this scope of services amendment es defined in Attachment 'A•. The scope of services addresses the additional items we discussed at the 1008 review meeting. we will fold this work into the proposed Water Treatment Plant No. 3 Improvements project. please note that this will delay Permitting of the project and the anticipated ndvertieement date. amount sof156,150.00ewithout pri~oreaa~uthorization,aot to exceed the Terms and conditions of our original coatrect (dated Nay 20, 1994) remain in affect for this amendment. Should you have any questions, please do not hesitate to contact ue. Sincerely SIMS DESIGO/ CONSULTANTS , INC. Go on (/%/(///,rimes, P.E. Vi Preai ant/ Environmental Servicee GEG/mlc - COMMRTED ?O EXCELLENCE . CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: AUTHORI2ATION FOR ADDITIONAL DESIGN WORK FOR HATER TREATMENT PLANT f3, ASSISI LANE SUBMITTED BY: Robert S. Kosoy/Director of Public Norke ~i(~~ Harry E. McNally/Utility Plant Division Yf'^~ Director DATE: Novewber 7, 1994 BACKGROUND: During the design of the iwprovewente to Mater Treatment Plant i3, staff discussed some mejar coneerne rith the Design Consultant, Mr. Gordon Griwee, P.E., of Sims Deeian Consultants, Ina. These concerns rare Itewe I through IV as defined in Attschwent A of the Scope of Service Awendwent. The fees Eor providing design documents were negotiated ae shorn an the Manporer Brm¢kdorn for • Grand Total of SB, 150. 00 (not to excemd). Mr. Griwes tlimeuaaed this proposal rith the Mater end Serer Cowwittee on 10/27/94 and those present agreed on the need for the design rork. RECOMMENDATION: Me recowwend that the Scope of Services Awendwent be approved. If ve do not do these iwprovewente ae part of the project, re rill be in violation of State requirewente and rill incur additional perwitting fees. ATTACHMENTS: •Attschwent A• Scope of Services Awendwent ,R/EVIENED BY CITY MANAGER: ~~ !"~.•/:},[ ~AJi.: tJ/l.i~ r,/F ~~, } AGENDA ITEM NO.~~/ ,rJPOJ•~ u/C /J, Qfe/- 4i, 170 ~.,,r y~.4~3oi-S33-s~o h. Indemnify and hold the City harmless from any and all claims, damages, causes of action, and the like, including any coats or attorney's fees incurred Dy the City. 1. Alloy no discrimination based ort race, sex, age, religion, national origin, disability ar otherwise. 4. Special conditions. Renter shall provide City a certificate of insurance specifying the exact coverage and naming the City as additional insured. Renter shall be responsible for Renter's furnishings and maintaining the premises in a neat and clean condition. No alterations are to be made to [he public facility without the expressed written consent of the City Naaager and any costs are to be borne solely by the Renter. Renter further agrees [o submit to City schedules for practice sessions, schedules for play, true and correct rosters of children playing (including name, address, telephone number) prior to each season. 5. This agreement sets forth the entire agreement and understanding between the parties and [here are ao other agreements or understandings except as eat forth herein. IN WITNESS YHEREOP, the parties have hereto set their hands and official seals a[ Atlantic Beach, Duval County, Florida, on the date set forth above. CITY OP ATLANTIC BEACH By Rio D. Lefabae6, City Manager Approved ae to for^ and legal sufficiency A'la\n C. Sensen, E C ozney l~ Renter CITY OF ATLANTIC BEACN RENTAL CONTRACT FOR POBLIC FACILITIES AGREEMENT made and entered into [hie day of 199 by and between the CITY OF ATLANTIC BEACN, FLORIDA, a municipal corporation (hereinafter referred to as "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires to use [he Atlantic Beach public facility known as [he Jack Russell Park ball diamonds for a period of twelve (12) months, and it is therefore AGREED as follows: 1. City agrees to rent to Renter the Atlantic Beach public facility known as the Jack Russell Park ball diamonds, from October 1, 1994 to September 30, 1995. 2. Renter, in exchange for [he use of the above described public facility shall pay to Che City a fee of N/A. No fee will be charged if the public facility Se [o be used for a non-profit use, unless this agreement ie for a long contract and, in [hat event, any fee shall be negotiated vlth the City Manager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following terms and conditions: a. Payment [o the Ctty of a 150.00 refundable security-cleaning deposit, rhich shall be paid prior Co use of the public facility. b. There shall be no use of alcoholic beverages of any kind on City property, including public facili[Se s. c. No fees or admission coats shall be charged to the public unless approved in writing by the City Manager of Atlantic Beach. d. 1a the event [he City Manager approves the charging of fees or admission costa to the public, as alloyed in subparagraph c. above, then Renter shall furnish the City with a current flnaneial statement prior Co its use of the public facility. e. Insure compliance with sll city, state and federal lays. f. Provide insurance as apecif ied and required by the CS[y Manager of Atlantic Beach. g. Comply rit6 ell epecf al conditions as net forth below. h. Indemnify and hold the Ci[y harmless from any and all claims, damages, causes of action, and the like, including any costs or attorney's fees incurred by the City. 1. Alloy no diacrim ination based on race, sea, age, religion, national origin, disability or ot6ervise. 4. Special conditions. Renter shall provide City a certif ieate of ivauraace specifying the ezact coverage sad naming the City ae additional insured. Renter shall be responsible for Renter's furnishings and maintaining the premises in a neat and clean condition. No alterations are to be aade to the public facility without the eapressed written consent of the CS[y Manager and any coats are to be borne Bole ly by the Renter. S. This agreement eete forth the entire agreement and understanding between the parties and there are no other agreements oz understandings ezcep[ as set forth herein. IN YITNESS 1iBEREOP, the paztles have hereto set their hands and official seals at A[lantlc Beach, Duval County, Plorida, on the dale set forth above. CITY OP ATLANTIC BEACB By Rim D. Leinbach, CS[y Manager Approved ae to form and legal sufficiency Alan C. Jensen, Esq., City Attorney {~J e~ „xlYafil,m:L:~n.u .:._ r..4l-gym i'aY CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES ACREEHENT made and entered into this day of 199 by and between [he CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation (hereinafter referred to ae "City"), and Habitat for Humanity of the .lackso nv ills Beaches, Inc. of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Beach public facility known as [he Adele Grage Community Center, office no. 5 b 7, for a period of twelve (12) months, and it is therefore AGREED as follows: 1. City agrees to rent to Renter the Atlantic Beach public facility knorn as the Adele Grage Community Center, office no. 5 A 7, from October 1, 1994 to September 30, 1995. 2. Renter, in exchange for the use of [he above described public facility shall pay to the City a fee of N/A. No fee will be charged if the public facility fa to be used for a non-profit use, unless this agreement is for a long contract and, in that event, any fee shall be nego[ia led with [be City Manager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by [he following terms and conditions: a. Payment to the City of a 550.00 refundable security-cleaning deposit, rhich shall be paid prior to use of the public Facility. b. There shall be no use of alcoholic beverages of any kind on Ci[y property, including public facilities. c. No fees or admission costa shall be charged to the public unless approved Sn writing by the City Nsnager of Atlantic Heaeh. d. In the event the City Manager approves the charging of fees or admission costa to [he public, ae allowed in subparagraph c. above, [hen Banter shall furnish the City with a current financial statement prior to its use of [be public facility. e. Insure compliance with all city, scale and federal lava. f. Provide insurance as epecif ied and required by the City Manager of Atlantic Beach. g. Comply rlth all special conditions as net forth below. -_i_........ _. ..~ ~....-. .oz .._.,.c~.~..... h. Indemnify aad hold the City harmless from any and all clalms, damages, causes of action, and [he like, 1¢c ludi¢g any costs or attorney's fees incurred by the City. i. Alloy no diacriminatioa based o¢ race, aez, age, religion, national origin, disability or otherwise. 4. Bpeclsl conditions. Renter shall provide Ci[y a certificate of insuraece specifying the arse[ coverage and naming the City as additional insured. Renter shall be reeponeib le for all ut111tiee, telephone service, furnishiaga and maintaining the premises in a neat aad clean condition. 5. I61s agreement sets forth the entire agreement and understanding between [he parties and there are no other agreements oz understaadlaga ezcept as set forth herein. IN WITNESS WHEREOF, the parties Gave hereto set [heir hands and official seals at Atlantic Beach, Duval County, Florida, oa the date set forth above. - CITY OF ATLANTIC BEACH By Rim D. Leinbac6, C1[y Manager Approved as to form and legal euffleie¢cy Alan C. ~ J nsen, Es , C1 y Attorney ~ nt eY .m.. .... .._ _ 4Ai.r; CITY OF ATLANTIC BEACB RENTAL CONTRACT FOR PUBLIC PACILITIES AGREEMENT made and entered into this day of 199 by and between the CITY OF ATLABTIC BEACB, FLORIDA, a municipal corporation (hereinafter referred to ae "City"), amd Y.M.C.A. of Florida's First Coast of Jacksonville, Plorida (herein referred Co as "Renter"). Renter desires to use the Atlantic Beach public facility knorn as [he Jack Russell Patk Modular Building for a period of twelve (12) months, and it ie therefore AGREED as follows 1. City agrees to rent to Renter [be Atlantic Beach public facility known as the Jack Russell Park Modular Building, from October 1, 1994 to September 30, 1995. 2. Renter, in ezehenge for the use of the above described public facility shall pay to the City a fee of N/A. No fee rill be Charged Sf the public facill[y ie [o be used for a mm~-p rof it use, unless this agreement ie for a long contract and, in that event, any fee shall be negotiated with the City Manager of Atlantic Reach. 3. Renter shall comply and agrees to be bound by [he following terms and conditions: a. Payment to the City of a 156.00 refundable security-cleaning deposit, rhic6 shall be paid prior to use of the public facility. b. There shall be no use of alcoholle beverages of any kind on City property, including public facilities. c. No fees or admission costs shall be charged to [he public unless approved in writing by [he City Manager of Atlantic Beach. d. In the event [he CSty Manager approves the charging of fees or admission coats to the pnblie, ae allowed Sn subparagraph c. above, then Renter shall furnish the CiCy with a current financial statement prior to its use of the public facility. e. Insure compliance with all city, state and federal lays. f. Provide insurance as specified and required by [he City Manager of Atlantic Beach. g. Complq rich all special conditions as set forth belor. . i. ,.,. .s._ .... .... . ~...s..~u~ -.u._._.. ...,.. s._w,...rs.c.. f. The City will provide insurance coverage for the individual events and performances conducted in City facilities. However, such coverage does not accrue to ABET or its Board beyond [he scope of those accivities in Ci[y facilities, or the limits of the City's insurance coverage. g. Comply with all special conditions as se[ forth below. h. Indemnify and hold the CSty harmless from any and all claims, damages, causes of action, and the like, including any coats or attorney's fees Incurred by Che City. 1. Alloy no discrimination based on race, sex, age, religion, national origin, disability or otherwise. 4. SPECIAL CONDITIONS. The City shall provide the facilities at the Adele Grage Community Center Sn good condition and shall maintain and make any necessary repairs as may be needed to said facility. ABET shall make no changes, modifications or replacements to the facility without [he express written consent of the City Manager or his authorized designee. The monthly fee as noted in 2 above shall be used towards the provision of in aurance by the City as delineated in 3.f above. 5. This agreement sets forth the entire agreement and understanding between the parties and there are no other agreements or understandings exeepC as set forth herein. IN NITNESS WNEREDP, the parties have hereCO set [heir hands and official Seale at Atlantic Beach, Duval County, Florida, on the date sec forth above. CITY OF ATLANTIC BEACN ey Kim D. Lefnbach, City Keneger Approved as to form and legal sufficiency Alan C. Jensen, Esq., Ci[y Attorney near CITY OP ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES AGREEMENT made and entered into [his day of l99 by and between [he CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "City"), and Atlantic Beach Experimental Theatre, Inc. of Atlantic Beach, Florida (herein referred to as "Renter"). Renter desires to use the Atlantic Beach public facility, front lobby area and two adjacent offices (former City Managers Secretary's Office and former Parks S Recreation Directors Office) known as the Adele Grage Community Center for a period of twelve (12) months, and it is therefore AGREED as follows: 1. CI[y agrees to rent to Renter the Atlantic Beach public facility known as the Adele Grage Community Center (former City Managers Secretary's Office and former Parka S Recreation Directors Office) from October 1, 1994 to September 30, 1995. 2. Renter, in exchange for the use of the above described public facility shall pay [o the City a fee of ;100 per month. No fee will be charged if the public facility ie to be used for a noo-profit use, unless this agreement is for a long contract and, in that event, any fee shall be negotiated with the City Manager of Atlantic Beach. 3. Renter shall comply and agrees to be bound by the following [arms and conditions: a. Payment to the City of a ;50.00 refundable security-cleaning deposit, which shall be paid prior to use of the public facility. - b. There shall be no use of alcoholic beverages of any kind on City property, including public facilities unless specif Scally approved as provided by the Atlantic Beach Municipal Code. c. No fees or admission coats shall be charged to the public unless approved in writing by the City Manager of Atlantic Beach. d. In [he event the City Manager approves the charging of fees or admission coats to the public, as alloyed in subparagraph c. above, then Renter shall furnish [he City with a current financial statement prior to its use of the public facility. laws. e. Inau ze compliance with all city, state and federal s9(f~wue ~rau(c ~.z~E~ ATI.N'nC !E1®. fI11Y~ 133115Nf lYlf7OONE OM SfFlMO FAI(OM Xlltl November 10, 1994 Honorable Mayor and City Commission Members Atlantic Beach, Florida Dear Mayor and Crty Commission Members Please find enclosed proposed contracts between the City of Atlantic Beads and various u;`rs of municlpal properties (Bead~es Habitat, ABET, A11arroc Beads Athletic Assoclation, and YMCA). I believe each has been standardized az you have directed and if you need additional information or assistance, please do not hesitate TA contact me. Sincerely, Enclosures ' ' "" - q~~zA""' / IGm D. Lembach Gty Manager falls in any of the Chzee rating categories. 2. The plan should include the objectives or goals Coward which the employee will be working, methods for achieving Chose objectives, and the anticipated completion date for each objective. Section P. Sigratuzea The rater, reviewer, and employee being evaluated moat sign the form in the appropriate apace. The rater moat advise the employee that it ie permieaiDle for him/her to attach comtoenta to the form. If he/she wishes Co do eo, the apace below the employee signature which indicates this moat be checked and comccnte attached. Overall rating of below eatiefactoxy. 1. when an employee's overall rating is Belor Satisfactory, another evaluation of job perfoxxxnce is required within ninety (90) days after the date of the perfornanee evaluation conference. 2. Performance evaluations will continue to be made at ninety (90) day intervals until: a) performance has improved sad the overall rating ie at least Satisfactory or; b) you have reason to believe that the employee's overall performance in the class to which assigned rill not improve to a level of at least satisfactory. AC this point, appropriate disciplinary action may be initiated up Co and including termination. 3. If the probationary period of an employee rated as below satisfactory has been extended and the maximum length of time permitted for a probationary period ie reached, removal of the employee from the class may be necessary. -~2- -.., 4. Evaluations Eor an employee should always be baeetl on observable, objective fasts. 5. Review the performance improvement plan with the employees. C. Completion of the employee performance evaluation form. Section A. General information. Fill out all spates ae instructed. Section B. Performance factors to be evaluated. 1. Each job factor should describe a tangible, observable action or aeries of actions. Upon assignment to a position an employee is to be given a list of the job factors pertaining to that position. 2. The rating scale to be applied to each job factor consists of satisfactory, above satisfactory and below satisfactory. An explanation of each value is found on the evaluation form. 3. Onable To Appraise should be indicated for duties no[ regularly assigned to the position held by the employee being evaluated or for duties which were not performed during the current performance evaluation period. Section C. Overall rating. 1. An overall ratiag of job performance is to be indicated in the appropriate apace, based on the collective ratings for the job factors listed in Section B. 2. In determining [he overall rating, give greater value to the job factors which are more important in tersut of Cotal job performance, ae well ae required job skills, tasks of the employee and the impact on the cork of other employees. Section P. Sxplarution of above satisfactory and below sa[i afactory. 1. All ratings of Above Satisfactory or Below Satisfactory ' must be fully explained, with specific examples given. ]. The extent [o which performance exceetla or fails to meet job requirements should be clearly described. Section E. Performance improvement plan. 1. This section is to be used for development of a plan for imprwemen[ of employee performance or for career development and may be applicable for employee whose overall performance -71- B. at the end f 6s This evaluation must be completed no earlier than the beginning of the final month of the probationary period and no later than ten working days prior to the last day of the probationary period. In most cases, the probationary period ie six (6) months. If [he probationary period is extended, the personnel office moat be notified immediately. The completed form is due in the personnel office no later than five (5) working days after the end of probation date. C. An[tual. This shall be twelve (12) months from the date of last evaluation, to be defined ae the performance evaluation date. The completed form is due in the personnel office no later than five (5) working days after the annual evaluation date. D. Below eatiafacm,Zy ve.~'as <• _. Within ninety (90) days after an overall performance evaluation rating of below satisfactory is given. IV. ???F_ PRR FDRMaNCR E~^irrATION A. Conducting and reviewing the performance evaluation. 1. The rater shall be the person [o whom tbe employee normally reports. The rater shall complete the employee performance form and discuss it with the employee. In those caeca where an employee may be assigned wrk by various supervisors, one supervisor shall be designated ae the rater and shall make rating decisions after consulting with others for whom the employee hoe performed work during the evaluation period. 2. The department head shall be the reviewer. All ratings moat be reviewed. Before the reviewer aigse the form, any differences of opinion should be discussed and resolved. The reviewer shall not change the original rating; however, unresolved differences may be ao[ed by comments on the evaluation form by the reviewer. 3. Upon completion of the review by the department head, the city manager shall have final approval of all evaluations. B. The performance evaluation conference. 1. Reviex [he employee's job specification prior to Che conference. 2. Attempt to cbooae a location where you will not be interrupted for the conference. 3. First, discuss the employee's strong points. Diacuaeioa of Che employee's strong and weak points should be a foundation for aevelepnr_nt. At this point, a program of suggestions and iniprovemente should be outlined in Section E, Performance Lmprovement Plsn, of Che Performance evaluation Poxm. -70- H%HIHIT C CITY OF ATLANTIC BEACH PERFORMANCE EVALUATION PROCEDURE These pro<edures have been developed to implement a performance evaluation system to be used in evaluating employee performance and in making employment decisions. The system shall include mandatory annual performance evaluations of all bargaining unit employees covered under this Agreement. A copy of the written performance evaluation shall be provided to the employee rho is being evaluated and discussed with the employee. The employee may make any vzitten comments concerning the evaluation and the comments shall be made pare of the employee's employment record. The purpose of these procedures is to provide a uniform system of performance evaluation for covered employees. I. O&IECIIVES A. The primary objective of this employee performance e-~aluation system is to provide for improved employee performance. S. The system will also provide; 1. better communications between employees and supervisors; 2. better understanding of job duties and responsibilities; 3. identification of training needs, and; 4. supportive documentation for merit and disciplinary action. II. PpRFORMap[•x EVALL!aTION PORrz A. The original completed performance evaluation form is to be forwarded to the persoanel office for placement is the employee's official personnel file. The department head, or hie/her designee, is responsible for providing the employee rich a copy of the completed form and for retaining a copy for the department file. III, RxR FORMnNOx pear U^T ION DATFS A. Mid-vav [hrovah the nroba[ion=ry period. In mcs[ cases this will be three (3) months from the time the employee ie placed in probationary statue. The completed form is due in the personnel office no later than fifteen 115) vrorking days after the mid-probation date. -69- SEBZHIT B CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE StBHp6 102 JOE TITLE General Maintenance Worker l 103 General Maintenance worker II Meter Reader Sanitation Worker Utilities Worker 104 Lead Maintenance Worker/Driver Lead Sanitation Worker/Driver Lead Utilities Worker Utility Plant Operator - Trainee 105 Dispatcher Crew Chief 106 Mechanic I Heavy Equipment Operator 107 108 Mechanic II Water/Wastewater "C" Operator 109 Lead Utilities Plant Operator (Dual Certification) Maintenance Foreman Sanitation Foreman -68- SEHIBIT A CfiY OF ATUNTIC BEACH MERR STEP PU1N E.E.w l buna E•1•• OatotsEr 1, 7981 Oeea • B C 0 E i O_ X .. 1 J N t ^ . -: M ., O ?. -- wf~ r5o ff.la w.r f).lo ns il.« rz.» il.w wn r.« M~• fxoo wa if.5a w.w w r.n aas nt+ sz.az ns• sz.n r.m r~. fe.« se.z. noo wiz Pass ws• s+o+a +~w nm sz.r sz..a nu nr r.++ r.r r.sl rn w.la a•+ sfr w.r woze slosf ,ar fzso pn nr wx sf.« w.r fe.r ws w.so w.w slor stor flor s+t of sns• rf wm rr wsz se.n w.a w-a+ w.w w.r no.n no.« s+on s+l.+z wvu s+in slxls -...al w.f1 Nw w3a w.O w.n N0.0a Np1a wfAf slf.r slut fn.r 31200 itzr wxTa ila.fl ' tr ~ sa.u w.n r.w snn f+ou floe snef stl sa sn« suao uxn suw snm su.n fw• tf~',.; ito t0 ilo« tmn sn.w sn.at sn>+ f+zra t+xa sun sm+e ius] in.r su.w snaa s+sa 67- 1 i ~ ~ - _. , _.._[..a.:~.~.. _ _.._.... :. _ .... SIGNAT[TRH PAG& IN WITNESS THEREOF, the parties have caused [hie Agreement to be signed in their respective names by their respective representatives and have executed this Agreement this 8th day of November, 1994. FOR TH-E ~ITY: O Kim Leinbach City Manager Q~ ~ ~._.4.~.~J John C. Camp 11 Captain FOR THE-F32tI@I . Wil iam A. Worsham Business Agent, Local 630 Negotiator, Local 630 d~.,W S' Robert S. Kosoy Director of Public Works ATTEST: City Clerk C Marc Chris risen Negotiator, Local 630 -66- ARTICLE 34 DURATION OF AGREEh1ENT This Agreement shall commence and become effective on the October 1, 1994, and shall continue in full force and effect until midnight of the thirtieth day of September 1997. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect The Union may reopen three (3) Articles of its choice in 1995 and 1996 and the City may reopen three (3) Articles of its choice in said years. If either party desires to reopen, it must do so by giving the other party written notice to that effect. -65- ARTICLE 33 ENTIRE AGREEMENT 33.1 The parties acknowledge that Burin resulted in this Agreement, each had the unlimited righthand opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the underetandinga and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Public Employer and the Union for the duration of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargaining collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though such aubj sets or matters may no[ have been within the knowledge or contemplation of either or both of the parties at the same time they negotiated or signed this Agreement. -64- -,.c..~ ..~.as_vs.:.:: iw~. .:ray,; ARTICLE 32 SAVINGS CLAUSE 32.1 The Public Employer retains all rights, owers, and authority it had prior to the si in p functions except as such rights are apecifi callg of this contract abridged in this contract. Y relinquished or 63- ARTICLE 31 SEVERABILITY 31.1 In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction such decision shall apply to the specific Article, Section or portion thereof specified in the court's decision; and upon issuance of such decision, the Public Employer and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or portion thereof. -62- ARTICLE 30 JOB QUALIFICATIONS AND PROMOTIONS 3C.1 Whenever a job opening occurs, other than a temporary opening, in any existing job classification, or as the result of the development or establishment of a new job classification, a notice of such opening shall be posted at least five (5) calendar days in advance on all Public Works bulletin boards. A copy of the notices of job openings will be given to the appropriate union steward at the time of posting for posting on all other authorized bullentin boards. 30.2 For the purpose of this Agreement, a vacancy shall be defined as an opening within a classification included in the bargaining unit (Exhibit B) for which funds have been appropriated. 30.3 Whenever a vacancy is posted, employees desiring [o be considered for such vacancy shall make written application for the position on a City Employment Application no later than 5:00 o'clock PM on the closing date set forth on the posted announcement. The Public Works Director shall interview all applicants prior to filling the vacancy. 30.a The Director of Public Works shall make all determinations of the qualifications of the applicants applying for open or promotional positions, provided such determination is limited to those factors required within the job specifications for the position being filled. Among current employees determined to be qualified to perform the work required, the employee having the moat seniority with the Public Employer shall be appointed to the position. Employee's covered under this agreement who apply for any open or promotional position within [he bargaining unit shall be promoted over other applicants, provided all applicants are equally qualified for the poaiti.on. 30.5 Nothing in this Article shall be construed as precluding employees within the bargaining unit from applying for other vacant positions within [he City of Atlantic Beach. -61- (b) Is discharged for just cause; (c) Exceeds an authorized leave of absence. 60 _ _ - ari:::...~- _- _- - is ~- u4swo;Fe{rS,y~I6a; ARTICLE 29 SENIORITY 29.1 Seniority shall be defined as the length of continuous employment with the City of Atlantic Heach. Seniority shall be acquired by a full-time employee after satisfactory completion of a six (6) month probationary period, at which time seniority shall be retroactive to the first day of employment. 29.2 In the event of a lay-off or reduction in force, employees shall be laid off in the inverse order of seniority within job classes. Employees laid off shall have the right to bump or replace an employee with less seniority in a lower classification for which the employee is qualified, provided said employee has previously held such a position within the City and can perform the established functions of the current job description. 2g.3 Whenever an employee is demoted to a positioformancel level is qualified, he shall receive the salary pe in that lower range which provides either no decrease or the smallest decrease in pay, if the action is not for cause as outlined in Article 9 of this Agreement. 29.4 In regard to overtime and vacation, seniority will be defined as the length of continuous time in any specific ciassif ication. If an employee is involuntarily transferred from one department to another in the same clasaif ication, he shall carry with him both the City and job seniority that he has already acquired. 29.5 Seniority shall accumulate during periods of approved leave - of absence where the employee remains in a pay status. Seniority is not broken when an emput yeseniority ndoesronot leave of absence without pay, accumulate during this period. 29-6 Seniority shall be broken when an employee: (a) Resigns; -59- 2g 3 When drug screening is required under the provisions of this . policy, the following standards shall be used to determine what levels of detected substances shall be considered as positive: ^^ TEST rnuRiRMaTC)RY TEST DRUG (a) F GROIIP c Amphetamines 1000 FrvING ng/ml Amphetamine 500 ng/ml GC/MS (b) Cocaine Metabolites 300 ng/ml Metabolite 150 ng/ml GC/MS (c) Opiate Metabolites 300 ng/ml Morphine 300 ng/ml GC/MS (d) Phencyclidine 25 ng/ml PCP 25 ng/ml GC/MS (e) Marijuana Metabolites 100 ng/ml Total ng 15 n ml Delta g y _ THC (f) Barbiturates 300 ng/ml 150 ng/ml When alcohol screening is required unde r the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be: .04 grams per deciliter. -58- ._s.r:- .. _..: -. .... voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. H. The City has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of employees at any time provided the City has reasonable suspicion, to believe that an employee possesses or is under the influence of drugs or alcohol. Zf deemed necessary by the City, the employees themselves may he asked to submit to a search, provided that at no time will any employee be searched by or in the presence of a member of the opposite sex. Further such search shall be in the nature of a ^pat-down," and shall take place in a location so as not to unnecessarily embarrass the employee. An employee's refusal to cooperate with or submit to a search may be treated as serious insubordination that warrants immediate discipline, including discharge. I. All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform the City that they are taking such medication on the advice of a physician. It is the employee's responsibility to inform the City of the possible side effects of the drug on performance and expected duration of use. J. Except as stated in subsection E of this Article, the cost of drug and alcohol screening tests shall be paid by the City. K. The City retains the right to maintain discipline or invoke disciplinary measures in the case of conduct . which may result from or be associated with alcohol or substance abuse. L. Decisions of an arbitrator under this Article shall be limited to a determination of whether or not the City had reasonable suspicion, and whether or not the employee was under the influence of alcohol or drugs, and not the disciplinary measures imposed by the City. -57- allowed to submit information to the City explaining or contesting the test results. If the employee s explanation or challenge of the positive test results is unsatisfactory to the City, within fifteen (IS) days of receipt of the explanation or challenge, a written explanation as to why the employee's explanation is unsatisfactory, along with the report of positive results, shall be provided by the City to the employee. E. In the event the City requests that an employee submit to breath, blood, urine and/or other tests and the employee chooses not [o submit to such test or tests, the reasonable suspicion to believe the employee was under the influence shall be justification for discipline, including discharge. F. If the employee submits to the tests and the results indicate alcohol or dn:g use (other than as indicated in Section A) , the employee shall be discharged or suspended without pay at the discretion of the City. After thirty (30) days have passed, a suspended employee desiring reinstatement shall, upon written request be given the opportunity to submit to further blood or urine drug/alcohol screening testa, at the employee's expense. If such tests indicate the absence of alcohol or a controlled substance, [he employee may be reinstated at the discretion of the City. In the event forty (40) days have passed and the Cir_y has not received [he written request signed by the employee, to take the alcohol or substance abuse teat, or the employee has failed to take such testa at a time and location designated by the City, the employee shall be discharged. An employee who is reinstated under [his Section shall be subject to random testing during a two (2) year period following the initial test. Should such employee teat positive during this two year period he shall be discharged. G. An employee may be granted a one time leave of absence without pay no[ to exceed sixty (60) days to undergo treatment fox alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. '.'he request must be -56- ARTICLE 28 ALCOHOL AND DRUG TESTING 28.I 9oth the City and Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The City and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless workplace accidents. Acknowledging the necessity fcr action, the following Alcohol and Drug Testing Program is hereby initiated. 28.2 A. All applicants may be subject to drug and alcohol testing. B. Ali bargaining unit employees may be subject to drug and alcohol testing as part of an annual physical examination. C. In the event the City has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, the City may require that the employee submit to breathalyzer testa, blood teats, urinalysis, and/or other appropriate testing. Should the employee test positive to a drug teat, the City will utilize a confirmatory process before instituting acticn. The City's Medical Review Officer (MRO) must review all confirmation teats, positive and negative. within five (5) working days after receipt of a positive confirmed teat result from the testing laboratory, the City shall inform the employee in writing of such positive teat results, the consequences of such results, and the options available to the employee, including the right to file an administrative or legal challenge. For purposes of this Article, reasonable suspicion must be based on objective facts and rational inferences. The City shall provide to the employee, upon request, a copy of the test results. D. within five (5) working days after receiving notice of a positive confirmed teat result, the employee will be -55- period, the employee's advancement may be delayed pending improvement. Employees who have had their step increase delayed shall be reevaluated at least quarterly, or earlier if improvement is noted. The employee shall be advised in writing as to the reason his step increase was not granted at the usual time and if the employee feels the evaluation procedure was not followed, he may invoke the grievance procedure and submit the grievance at Step IZ, however, The evaluation rating of an employee under this Article is within the sole discretion of the City and thereby is not subject to the grievance or arbitration procedures of the r_ontract. Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same evaluation form and procedure as get forth in attached Exhibit C. 27.5 Any employee covered by this Agreement who is temporarily required by the Director of Public Works or hie designee to perform the duties of a higher clasai fication shall receive pay at a rate of five (5) percent above the employee's regular rate of pay, provided that: (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City Manager or his designee prior to appointment of thz employee to the higher position. If the two (2) conditions get forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. -54- u:.., .,_.. a.. - ._:. arrrmbaw=;iii.+--~wiWYrSa•,.:.arF4.~nW..~ C. When an employee is promoted to a classification with a higher base rate of pay, the pay rate of that employee shall be the lowest step in the higher range that will provide at least a five percent (54) increase over the rate received immediately prior to promotion. 27.4 Advancement within merit step plan. A. Except as set forth below, advancement within the merit step plan shall occur no sooner than twelve (12) months from the employees date of hire or date of last increase, provided the employee receives~a satisfactory or above rating from his Department Head, and such advancement is approved by the City Manager. Thereafter, employees who have previously advanced to the top step of the payplan shall be eligible for an annual three (38) percent bonus twelve (12) months from the date of their last increase. The annual bonus shall replace step movement and shall be contingent on continued eatiafactory service. The bonus shall not be paid in the employee's base rate of pay, rather the bonus shall be paid in a lump-sum payment on the employee's anniversary date. For the purposes of this plan, the date of last increase shall be the most recent date upon which any of the following actions occurred to an employee: Date of promotion. Date on which an employee received a step increase. Cost of living adjustments or general increases shall not be considered as the date or last increase. B. For purposes of determining whether or not the employee has satisfactorily performed services for the City for advancement in the step plan, the Department Head shall notify the City Manager of the Department Head's evaluation, with his recommendation for any step increase. If the employee's performance has not been graded as eatiafactory during the applicable time -53- ARTICLE 27 WAGES 27.1 Employees covered by this Agreement shall receive a twc (2&) increase on October 1, 1954, and shall be placed into the step plan, ^exhibit A, on their anniversary date at a step as close to their existing pay rate which provides for a increase of at least one percent (14), and shall continue therefrom in accordance with the terms and provisions of this Agreement. 27.2 The. JOb Classification/Grade Chart is set forth in attached Exhibit B. 27.3 Entrance Wage Determination/Demotion: A. Original appointment to any position, or the appointment of a current employee to a new and different position, shall normally be made at the entrance rate and advancement from the entrance rate to maximum rate within the pay grade shall be by successive steps. Upon recommendation of the Department Head, the City Manager may approve initial compensation at a higher rate in the range for the position when the needs of the City make such action necessary. B. Except as provided in the second sentence of this subsection, when an employee is demoted to a different position claesif ication, he shall receive the pay rate in the lower pay range of the new position which is deemed appropriate by the Department Head. Provided that, should the demotion be the result of non- disciplinary action (e.g., a reduction in force), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassign=d to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of this section. -52- ARTICLE 26 CAREER DEVELOPMENT 26.1 Upon presentation of an official tranacript and proof of degree to the City Manager, each employee in the bargaining unit who receives an associates degree from a accredited college, which degree is determined by the City Manager as applicable to the employee's job responsibilities with the City, shall receive a $50.00 per month career development incentive. 26.2 Upon presentation of as official tranacript and proof of degree to the City Manager, each employee of the bargaining unit who receives from an accredited college or university a bachelor's degree, which degree curriculum is determined by the City Manager to include a major study concentration area readily identifiable and applicable to the employee's job responsibilities with the City, shall receive a $100.00 per month career development incentive. 26.3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 26.1 or Section 26.2. They shall not receive at the same time monies afforded from both of these Sections. 26.1 Additional Claes B State licenses recognized by D.E.P., obtained by Water and/or Wastewater Treatment Ylant Operator's will be recognized by the payment of an annual one-time lump sum payment of $500.00. Payment of such bonus shall be paid on the employee's anniversary date. -51- ARTICLE 25 UNION TIME POOL 25.1 All members of the bargaining unit who are not on probation as new employees may contribute 2 or more hours per year (either from personal leave hours, or compensatory time banks) to the union time pool. Provided that the maximum number of hours which may be accumulated in the pool under this Article ie 216 hours. 25.2 Thia leave will be computed and placed in a bank on the 1st of October each year. 25.3 The City Manager or his designee shall have the discretion to grant or deny use of pool time. 25.4 Union time pool hours not expended during the previous year will be compounded onto the new bank of hours beginning October I of each year, provided the maximum accumulation set forth in Section 25.1 is not exceeded. 25.5 The City shall have the right to review this Article each year and to eliminate union time pool if it becomes an excessive administrative burden to the City. -50- ARTICLE 24 24.1 MILEAGE ALLOWANCE Employees directed by the Director of Public Works/Engineer or hie designee to use their private automobiles for City business, shall be compensated at the rate of $.27 per mile. -49- ,. ,E ARTICLE 23 UNIFORMS 23.1 The City will furnish to bargaining unit employees who are required to wear such uniforms in the performance of their duties an initial issue cf the following upon employment: 1. Eleven (lI) pants 2. Eleven (11) shirts 3. Hats 23.2 The City will replace or repair the above items as they become torn, worn or unserviceable due to the performance of the employee's official duty. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Director of Public Works/Engineer, setting forth the circumstances necessitating the replacement or repair, and the employee shall present the item(s) to the Director of Public Works or his designee who shall have the sole determination as to whether the items shall be replaced or repaired. 23.3 Any employee who damages, destroys, or loses any furnished article of uniform due to carelessness, negligence or personal use will replace the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 23.4 The employee shall wear the articles of the uniform listed in Section 23.1 only for official City business. 23.5 Upon termination of employment for any reason, the employee shall return to the City all articles of the uniform issued by the City. 2s.E The City agrees to continue to provide for the cleaning of the uniform articles as in the past. 48- ARTICLE 22 BULLETIN BOARDS 22.1 The Union may be permitted to provide for its own uae three (3) bulletin boards not to exceed 3' x 3' in dimension, provided the bulletin boards shall be located only near the time clock in the Public Works Facility, Buccaneer Facility and Atlantic Beach Waste Water Facility. 22.2 The Union agrees it shall uae the apace on the bulletin board provided for herein only for the following purposes; notices of union meetings, notices of internal elections for union offices, reports of union committees, policies of the Union, recreation and social affairs of the Union, and notices by public bodies. In no event shall the bulletin board be used to post political material or controversial material. The Business Agent, his designated representative, or the Steward of the Union are the only authorized representatives to post material on the bulletin board. Said representatives shall initial and date all material which is posted. 22.3 The Director of Public Works or his designee shall decide whether or not Section 22.2 has been violated. Should it be determined that a violation has occurred the Union shall immediately remove the posted material and the Union may lose its bulletin boazd privileges, following a meeting between the Employer and the Union. -47- ARTICLE 21 SAFETY A<~ HEALTH 21.1 The Public Employer and the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Public Employer and the Union will cooperate in the continuing objective of eliminating safety and health hazards where they are shown to exist. 21.2 Safety practices may be improved upon from time to time by the Public Employer and upon recommendations of the Public Employer and the Union. Protected devices, apparel, and equipment when provided by the Public Employer must be used and any failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. 21.3 The Public Employer agrees to provide hepatitis immunization shots to those employees within the bargaining unit who are employed, or transferred, to work in the Sanitation Division and/or the Sewer Division. Employees working in these divisions who do not wish to receive the hepatitis immunization shots will be required to sign a refusal waiver to this effect. 46- ARTICLE 20 INSURANCE 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide group health insurance coverage [Y.rough an HMO, PPO and/or other insurance means for all eligible emoloyeea covered under this Agreement, and agrees to contribute to the cost of such coverage as set forth in Section 20.3. 20.3 The City's maximum contribution for the insurance set forth in Section 20.2 of this Article shall be set at the per employee, per month premium set by the insurance carrier as of January 1, 1995. Zt is understood and agreed to by the Union, that if the premium set by the insurance carrier on January 1, 1995, exceeds the premium for 1994 by more than ten (10) percent, the Union will return to the negotiation table to renegotiate this article no later than January 31, 1995. it is understood and agreed to by the City that if premiums assessed by the HMO, PPO and/or other insurance carrier during the year 1995 exceed the amount set on January 1, 1995 per month per covered employee the City will return to the negotiation table to renegotiate this article no later than thirty days from the increase in premiums. -45- will have the right to order the employee to discontinue the outside employment, or to be terminated from City employment. c. No bargaining unit employee shall be otherwise employed except with the prior written permission of the City Manager. Permission shall be granted in accordance with the standards established in subsection a. of this Section. 1. Bargaining unit employees who are currently engaged in outside employment activities shall have ten (10) days within which to seek written permission from the City Manager to continue such activities. d• The term "outside employment^ as it is used in this Article refers to any employment engaged in by a bargaining unit employee apart from his City employment, whether or not such employment is for remuneration, and includes self-employment. e. The City of Atlantic Beach will assume no responsibility or liability for any injuries incurred while the employee is engaged in outside employment activities. 19.10 Any violation of the provisions of this Article shall be subject to review and appropriate disciplinary action, including termination of employment. When a bargaining unit employee has any doubt as to the application of any provision of this Article as it relates to himself, he shall first discuss the possible violation with the Public Works Director/Engineer. Zf the matter is not reaclved the employee shall discuss the matter with the City Manager. -44- A bargaining unit employee driving a City vehicle must have on his person a current, valid driver's license issued by the State of Florida. All mechanical defects or malfunctions should be reported as soon as possible to the City garage. If a City vehicle is involved in an accident, the bargaining unit employee must notify the Public Safety department and the Director of Public works/Engineer immediately. A police report shall be made of any accident involving a City vehicle. 19.7 The use of City equipment at any time and the use of Ci[y employees during normal working hours for any construction, repair, improvements, or other such actions on private property for the benefit or profit of private individual(s) is prohibited. 19.8 No bargaining unit employee will be allowed to take an active part in political management or in political campaigns during working hours. This does not prohibit an employee from voting as he may choose, and from expressing his opinion on any political subject or candidate. No leaves of absence, excluding previously accumulated personal leave, shall be granted to such employees for the purpose of participating in a political campaign. 19.9 In order that the City may maintain and increase the efficiency of its employees: . a. No bargaining unit employee may engage in any outside employment or activity which relates to or is inconsistent, incompatible, or in conflict with his duties as a City employee. Outside employment which may result in an appearance of impropriety, or interfere with the efficient performance of the employee's regular duties is similarly prohibited. b. If such outside employment in any manner conf licta or interferes with the bargaining unit employee's se=vice to the City, the City Manager -43- f. No bargaining unit employee shall transact any business in his official capacity with any business entity of which he is an officer, director, agent or member, or in which he owns controlling interest. g. No bargaining unit employee shall have a personal investment in any enterprise which will create a substantial conflict between his private interest and the public interest. 19.3 Bargaining unit employees shall remember that they represent the City as a whole when serving the public. They shall conduct themselves so as to project a desirable image of the City. 19.4 The use of any City equipment such as borrowing typewriters, tape recorders, cameras, shovels, etc., for personal use is prohibited unless otherwise approved by the City Manager, and this only under special or unusual circumstances. 19.5 Nc bargaining unit employee shall have a financial interest in the profits of any contract, service, or other work performed by the City, nor shall any bargainig unit employee personally profit directly or indirectly from any contract, purchase, sale, or service between the City and/or any person or company; nor personally or as an agency provide any surety bill or bond required by law, or subject to approval of the City Commission. Any bargaining unit employee who violates the provisions of this ruleohall be considered guilty of misconduct in his service. 19.6 It may be necessary for some bargaining unit employees to have City vehicles at their disposal in order to carry out their duties. It is essential that these vehicles be used . with the utmost care and discretion at all times. Bargaining unit employees are permitted to use City vehicles for performance of their official duties only. Under no circumstances are they to be used for personal business or for pleasure unless such use is expressly granted by the City Manager. 92- ARTICLE 19 CODE OF ETHICS AND USE OF CITY EQUIPMENT 19.1 It is essential to the proper conduct and operation of government that bargaining unit employees be independent and impartial, and that City employment not be used for private gain. This Article is intended to protect against any conflict of interest and to establish a code of ethics for bargaining unit employees. 19.2 In furtherance of the goals and understandings set forth in Section 19.1, the parties agree that: a. No bargaining unit employee shall accept any gift, favor or service that may reasonably tend improperly to influence him in the discharge of his official duties. b. No bargaining unit employee shall use or attempt to use his position to secure special privileges or exemptions for himself or others, except as may be provided by policy or law. c. No bargaining unit employee shall accept employment or engage in any busireas or professional activity which might require or induce him to expose confidential information acquired by him by reason of his official duty. d. No bargaining unit employee shall disclose confidential information gained by reasons of his official position, nor shall he otherwise use such information for hie personal gain or benefit. - e. If a bargaining unit employee is an officer, director, agent, or member of, or owns controlling interest in any corporation, firm, partnership, or other business entity which is subject to the regulations or which has substantial business commitments with the City, or other political subdivision of t1~_e State, he shall file a sworn statement to the effect with the City Clerk and with the Circuit Court of Duval County as may be required by State law. -41- consider in each instance are as follows: 1. Consideration of degree of responsibility of employee/employer. 2. Obedience to or violation of laws, statutes, or ordinances involved in connection with the cause of such disability. 3. Obedience to or violation of safety rules and regulations of the City which are involved in the cause of the disability. 4. Obedience to or violation of any Department rules, regulations and policies procedures, or instructions to the employee by supervisors involving the cause of the disability. The decision to grant or deny special benefits is not subject to the grievance or arbi[ratior. provisions of this Agreement. 18.2 where injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty- five percent (25t). Failure to obey safety regulations or to use safety devices shall result in disciplinary action, up to and including discharge. -90- ARTICLE 18 INJURY IN THE LINE OF DUTY 18.1 Any non-probationary employee covered by this Agreement whc sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers' Compensation law of the State of Florida, be entitled to the following benefits: a. When an employee is absent due to compensable injury, the City will pay 100% of an employee's average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers' Compensation exceed the employee's normal net salary. Any amount paid by the City to the employee which is subsequently paid by Workers' Compensation shall be reimbursed by the employee to the City. b. An employee sustaining a lost time injury under this Article may use accumulated Personal heave Days to cover the time off the job due to an injury until he is compensated by Workers' Compensation. Personal Leave Days can be used to supplement that percentage (33 - 1/3%) of his pay which is not covered by Workers' Compensation. The request to allow the employee [o do the above must be made to the Director of Public Works/Engineer in writing. c. In addition to the benefits afforded under Section a. an employee, subsequent to exhausting all Personal heave Days, may be awarded special benefits by the City if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not, when added to Workers' Compensation benefits, total more than the normal regular pay received by the employee immediately prior to such disability, nor may such payments continue for longer thar. one year from the date of. injury. Factors which the City Manager may 39- delay or increase the cost of the City's operations. 17.17 Employees required to be accessible by telephone and not performing actual work, but in readiness to perform work when the need arises, shall be considered to be on standby. If the employee performs actual work during the standby period, the employee shall be considered to 1-ave received a call-out, and shall be paid in accord with Article 17.14. Any employee designated by the Employer to be on standby duty shall receive twenty-five ($25.00) dollars in addition to his normal bi-weekly pay for each week the employee is required to be available on standby duty for a minimum of seven (7) consecutive days. To be eligible for standby compensation, the employee must meet the following criteria; 1. The employee moat respond by phone within twenty (20) minutes of receiving page. 2. The employee moat arrive at jobeite within one (1) hour of returning page by phone to the Employer. 17.18 An employee who has worked sixteen (16) hours or more in a twenty-four (24) hour period, shall upon release, be entitled to an eight (8) hour rest period before he/she returns to work. If an employee is called back to work without completing his/her eight (8) hour rest period, he/she shall be compensated at the overtime rate of one and one-half (1 1/2) times hie/her regular rate of pay for all hours worked, commencing from the time he/she reports back to work and ending when he/she is released for an eight (8) hour rest period. This article shall not pertain to voluntary, scheduled overtime. _3g_ 17.12 There will be no duplication of premium payments and no claims that provide for "overtime on overtime". 17.13 An employee who has left his normal place of work and who is "called-back^ for overtime work shall receive a minimum payment of three (3) hours at time and one-half (1M) the employee's regular rate of pay or the actual hours worked at time and one-half (ly,), whichever is greater. Provided that this Section shall not apply if hours worked as a result of a call back extend into the start of the employee's regular work period. Employee's who report to work for scheduled overtime shall receive a minimum payment of two (2) hours at one and one- half (1-1/2) times her/her regular rate. 17.14 Upon proof of attending court pursuant to subpoena or other court order involving a job-related case, not as a plaintiff in litigation against the City, an off-duty employee will receive pay equal to one and one-half (1'/e) times the employee's regular straight time hourly rate of pay for the hours he attends court. Provided, that such employee shall receive a minimum of two (2) hours pay at the rate of one and one-half (1)5) the employee's regular straight time hourly rate for such attendance. The City reserves the right to institute any procedure or system it deems appropriate to measure, record, and/or verify attendance and duration of off-duty court appearance. In the event any employee claims time not actually spent in off-duty court appearance, he may be discharged or disciplined. The employee will sign over all subpoena and witness fees, excluding travel fees, unless City transportation ie furnished in which case such travel fee will be signed over to the City. 17.15 No employee shall authorize overtime for himself but shall be entitled to work overtime as assigned or authorized by the Director of Public Works/Engineer. It is understood that the City has the right to schedule overtime work as needed, and in a manner most advantageous to the City. 17.16 Overtime hours shall be distributed as nearly equal as possible among employees as long as such sharing will not 37- unduly disrupt the operations of the City. Requests to use compensatory time must be made in writing to the employee's supervisor. The decision to grant or deny the request rests with the City. 17.6 At any time the City, in its scle discretion, may determine to substitute cash, in whole or in part, for compensatory time. 17.7 Should an employee voluntarily switch shifts with another employee for the employee's convenience, no overtime compensation will be payable and the hours the employee worked as a substitute shall be excluded by the City in the calculation of the hours for which the employee is entitled to overtime compensation. All such shift trading must be approved by the irtunediate supervisors prior to the trade and the period during which time ie traded and paid back must not exceed twelve (12) months. 77.8 Nothing in this Article shall require payment for overtime hours not worked, except as provided herein. In calculating the amount of overtime compensation due an employee hours actually worked shall be counted. Additionally, paid holidays, paid compensatory time and paid personal leave shall be included as hours worked for purposes of overtime payment each year. Premium payments shall not be duplicated for the same hours worked under any of the terms of this Agreement. 17.9 All employee shall be required to report to work on time, shall not leave the job early, shall be prompt in reporting to their assigned duties, and shall faithfully perform their duties. 17.10 Employees ccvered by this Agreement shall be given forty- eight (48) hours notice of any change in their regular hours of work, unless an unscheduled absence by another employee or circumstances necessitate a quicker change. 17.7.1 The Director of Public Works/Engineer is authorized to sched~ile employees on a "task basis". -36- ARTICLE 17 HOURS OF WORK AND OVERTIME 17.1 The purpose of this Article is to define hours of work but nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time, except as may be specifically provided herein. 17.2 Unless changed by the City, forty (40) hours shall constitute a normal work week for an employee covered by this Agreement, except as hereinafter provided. Nothing herein shall guarantee an employee payment for a forty (40) hour work period unless the employee actually worked a forty (40) hour work week or his actual hours worked and his authorized compensated leave totals forty (40) hours. For the purpose of this Agreement, authorized compensated leave shall mean holidays on which the employee is excused from work, bereavement leave, jury duty, and any other leave paid for and authorized by the City. Overtime will be compensated at time and one-half (1-1/2) for all hours worked in excess of eight (8) in any twenty four (24) hour period. 17.3 The City shall have the discretion to compensate for overtime hours worked in the form of cash or compensatory time. Should the City decide to compensate tl~e employee in the form of cash, the employee shall be paid at the rate of one and one-half (ly,) the employee's regular rate of pay for each overtime hour worked Should the City decide to compensate the employee in the form of compensatory time, the employee shall be credited with one and one-half (134) hour of compensatory time for each overtime hour worked. 17.4 Employees shall not be able [o accumulate more than fifty (50) hours of compensatory time. Once the cap is reached compensation will be in the form of cash payment only. 17.5 An employee who has accrued compensatory time will be permitted to use the time off within a reasonable period after making a request to use same, provided it does not -35- ARTICLE 16 BEREAVEMENT LEAVE 16.1 Employees covered by Chia agreement may be granted, upon approval of the Director of Public Works/Engineer and City Manager, time off with pay not to exceed three calendar days, in the event of a death in the employee's immediate family for the purpose of attending the funeral of the deceased relative. 16.2 The employee's immediate family shall be defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandparents, grandchildren and any other member of kinship who may be residing under the same roof with an employee during the time of death. 16.3 Funeral leave or bereavement leave shall not be charged to personal leave days. 16.4 The employee may be required to provide the Director of Public Works/Engineer with verification of death before compensation is approved. -34- . _ ..R-. -. ...~_. ...fs:;..::»~~~;.,.,.:Y.~-.gin . ~a..s~.. ARTICLE 15 MILITARY LEAVE 15.1 The Employer and the Union agree to comply with the provisions set forth in the Vietnam Era Veteran's Readjustment Assistance Act of 1974 (formerly the Military Selective Service Act of 1967). 15.2 Employees who by reason of membership in the United States Military Reserve or the National Guard, and who by the appropriate authority are ordered to attend annual training periods, ahali be granted leave with pay for such training not to exceed seventeen (17) working days annually, and shall not have this time deducted from personal leave hours. 15.3 No employee entitled to military leave shall lose the rank, grade, rating or seniority held by him at the time such leave is granted. 15.4 Employees requesting military leave are responsible for notifying the Director of Public Works/Engineer as soon as possible of the dates for such training period(s) and to provide an official set of orders. -33- ARTICLE 14 LEAVES OF ABSENCE WITHOUT PAY 14.1 Leaves of absence without pay may in the sole discretion of the City Manager be granted for reason of illness when annual leave has been exhausted. Such authorized leave without pay shall in no event exceed ninety (90) calendar days. 14.2 Leaves of absence without pay may also be granted for other reasons deemed acceptable to management. 14.3 All leaves, with or without pay, must be requested by the employee in writing and moat be approved in writing before becoming effective. 14.4 An employee's starting date will be adjusted for leaves of absence without pay. 14.5 The decision whether to grant or to deny a request for leave without pay shall not be subject to the grievance or arbitration procedures of this Agreement. 32- ,..: t.... ,- ,.,y.... eff~6:.wffi~-eaa~i: ~.. i. Employees with more than one year of service are required to utilize a minimum amount of Personal Leave Hours each calendar year. Cashing in Personal Leave Hours shall not be considered "Utilization." Required minimums not taken as provided will be forfeited unless ctherwise approved by the City Manager and Director of Public Wcrka/Engineer. The accrual rate of Personal Leave Hours and the minimum amount of utilization of Personal Leave Hours shall be determined as follows: Tenure Maximum No. of Minimum Utiliza- Hours Accumulated tion Per Year each ei-Weekly Pay - Period (provided maxi- mum cap has not been reached) 1st year 4.93 0 2nd year 4.93 qp Beg. 3rd through 4th yr. 4.93 40 Beg. 5th through 9th yr. 6.47 80 Beg. 10th through ].4th yr. 8.0 80 Beg. 15th year and over 9.54 80 -31- h. An eligible employee who resigns with at least two weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. However, in no event shall the employee be paid for any unused accruals exceeding 960 hours. -30- Personal Leave must be taken in one (1) Personal Leave Hour or more increments. Approval of leave may be suspended if in the discretion of the Director of Public Works/Engineer such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department, or if the notification requirements set forth in this Article are not followed. c. Employees may accumulate Personal Leave Hours up to a maximum of 560 hours. Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave used for illness, the City always retains the right to require medical documentation of the illness. e. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterlvpted employment) or choose to continue to accrue the days up [o the maximum accrual level set forth in this Article. For the purpose of cashing in accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year as follows: on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave account on the designated withdrawal date. Request forms aze available in City Hail. Requests must be submitted at leas[ two weeks preceding each of the above dates. f. No Personal Leave Hours may accumulate to an employee on leave without pay, or one who has been suspended for disciplinary purposes, oz one has accumulated the maximum under 13.1(c). g. Subject to the restrictions contained in this Agreement Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. -29- ARTICLE 13 PERSONAL LEAVE HOURS 13.1 a. The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has completed his six (6) month initial probationary period and follows the procedures set forth in thin Article and receives prior approval from the employee's supervisor, or the Director of Public Works/Engineer, or his designee. Probationary employees may utilize Personal Leave for illness provided the procedures set forth in this article are followed. b. When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he/she is unavailable the Director of Public Works of the nature of the illness or emergency as early as reasonably possible and no later than starting time each day the employee intends to be absent, that the employee is unable to report to work because of illness or other emergency; however, employees on shift work must notify the supervisor or if he/she is unavaiiable the Director of Public works/Engineer no later than 1 hour before shift starting time. Except as stated above when an employee is planning to use 17 hours or more of Personal Leave Hours he must submit his request to take leave in writing to the Director of Public Works/Engineer or his designee at least fourteen (14) calendar days prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request a*_ least 48 hours prior [o the first day of the intended absence. The Director of Public Works/Engineer or his designee shall respond to the request as soon as possible after receipt of the request. -28- certificate, cr other absences excused by the Director of Public Works/Engineer. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on leave of absence or layoff on the day on which such holiday is observed shall no[ receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall convnence at 12:01 a.m. on [he date the holiday is observed (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours. 12.6 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 17. 12.9 Those employees who work any schedule other than the normal eight (8) hour day shall have a holiday that conforms Co their work schedule. If payment for such time or any portion thereof is mutually agreed to in lieu of time off, then the employee shall be paid at time and one-half (1-1/2) for those hours, but in no event shall the employee receive, in either pay or time off, an amount in excess of double time and one-half (2-1/2) for holiday hours. 12.10 Temporary employees shall not normally be utilized to perform work on one of the holidays listed in Section 12.1. The Employer may utilize temporary employees to work the above holidays only after employees performing similar work within the designated bargaining unit have first been given the opportunity to work, and have declined said assignment. _27_ ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day January 1st Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May I rdependence Day July 4th Labor Day 1st Monday in September Thanksgiving Day 4th Thursday i n November Friday after Thanksgiving Day Christmas Day December 25th Employee's Birthday Any day [hat the City Commission may designate whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as the holiday. 12.2 whenever an observed holiday occurs on an employee's scheduled day off, the Employer shall schedule the employee to take a day off at another day mutually agreed to, or compensate him/her at straight time rate in order to equalize the observed legal holidays in Section 12.1. 12.3 Employees who work on the observed holiday shall receive, in addition to their regular straight time hourly rate of pay, at the Public Employer's discretion, either one and one-half (ly,) of the employee's regular hourly rate of pay, or one and one-half (lY.) hour of compensatory time hour-for-hour for each hour worked during the declared holiday. 12.a In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the observed holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doctor's 26- to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this Agreement. Likewise, the utili2ation of the Grievance or Arbitration procedures in [his Agreement for the resolution of alleged violations of this Agreement shall constitute a waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency. 11.6 Prior to initiating judicial review by any court for any alleged violation of this Agreement, the grievance procedure of this Agreement must be completely exhausted. -25- misconduct. The Arbitrator has no authority to pass upon the nature, extent or severity of the disciplinary measure(s) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed, participated in, or was not responsible for, the act of misconduct for which he has been disciplined, the Arbitrator has the power to make the employee or employees whole, including ordering back-pay (less compensation received from any other sources) for time lost, and reinstatement when applicable. 11.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the Public Employer, provided the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction, or is not in violatior. of public policy. The authority and responsibility of the Public Employer, as provided by Florida law, shall not be usurped in any matter. 11.4 The cost of the Arbitrator's services shall be divided equally between the Public Employer and the Union. Each side will pay its own representative and witnesses. The cost of a court reporter and the transcription fee shall be paid by the party requesting the court reporter and/or a transcription of the proceedings. 11.5 The commencing of legal proceedings against the City or any managerial employee of the City in a court cf law or equity or before the Public Employees Relations Commission, the City's grievance procedure, or any other administrative agency by an employee, or group of employees, for alleged violations of the express terms of the Agreement shall be deeme3 a waiver to resort to the grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this F.greement. Additionally, the commencing of legal proceedings against the Union in a court of law or equity or before the Public Employees Reiations Commission, or any other administrative agency, by the City or any of its managerial employees for alleged violations of the expressed terms of this Agreement shall be deemed a waiver by such employee or the City of the ability to resort -24- ARTICLE 11 ARBITRATION PROCEDURE 11.1 Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, each of whom shall be a member of the National Academy of Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the Union shall make the first strike) until the last name on the list is reached. 11.2 The limitations on the powers of the Arbitrator are as follows: (a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement; (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; (c) The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; Id) The Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event giving rise to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within fifteen (15) working days after the expiration of this Agreement and has been timely processed. (e) If the subject of the grievance submitted [o arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator is only empowered to pass upon whether the employee or employees concerned actually committed, participated in, or were responsible for tY=e act of -23- Step a - If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the Office of the City Manager no later than ten (10) working days after the response is received in Step 3 of the grievance procedure. 10.6 It is the mutual desire of the Employer and the Union that grievances shall be adj uated ae quickly as possible and to that end the time limits set forth in this Article are to be strictly enforced. The time limits may only be extended by mutual written agreement. The term ^work days^ as used in this Article includes Monday through Friday of each work week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays as set forth in this Agreement shall not be considered "work days" even if work is assigned on these days. For the purpose of calculating time limits, the day on which a grievance, or a reply by management to a grievance, is received, shall not be counted. Failure of management to observe the time limits for any step in the grievance procedure without a mutually agreed written extension of time shall entitle the grievant (or the Union in the case of Step 4) to advance the grievance to the next step. Failure of the grievant (or the Union in the case of Step 4) to observe the time limits for any steps in this Article without a mutually agreed written extension of time shall terminate the grievance. -22- occurrence of the action giving rise to the grievance, provided that should the action giving rise to the grievance occur while the employee is on authorized paid leave of absence or is on his scheduled day off the grievant shall have five (5) working days within return to his job to orally present his grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The immediate supervisor will discuss and make an effort to resolve all legitimate grievances with fairness and justice for both the grievant and the Public Employer. The immediate supervisor shall orally communicate a decision to the grievant within five (5) working days from the date the grievance was presented to him. SSQg.S - If the grievance is not settled at the first step, the grievant within five (S) working days of the immediate supervisor's Step I response, shall present the grievance in writter. form (in compliance with Section 10.4) to the Director of Public Works with a copy to the City Manager. The Director of Public Works or his designee, shall investigate the alleged grievance and shall within ten (10) working days of receipt of the written grievance conduct a meeting with the grievant and the union steward and/or Business Agent if the grievant requests union representation. The Director of Public Works or his designee shall notify the grievant of hie decision no later than ten (10) working days following the meeting date. Sten 3 - If the grievance is not settled at the second step, the grievant within five (5) working days from the date of the Director of Public Works' decision shall present the written grievance to the City Manager or his designee. The City Manager or hie designee shall investigate the alleged grievance and may within five (5) working days of receipt of the written grievance conduct a meeting with Public Employer representatives, the grievant and the union steward and/or Business Agent if the grievant requests union representation. The City Manager or his designee shall notify [he grievant in writing of hie decision not later than ten (10) working days subsequent to the date the grievance was received by the City Manager, or subsequent to the meeting with the representatives and grievant. 21- ARTICLE 10 GRIEVANCE PROCEDURE io.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from an alleged violation of specific terms of the Agreement as provided in this Article. 10.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint that an employee or group of employees may have that the Public Employer has violated a specific provision of this Agreement, provided such specific provision is subject to the grievance and arbitration procedures of this Agreement. 10.3 Grievances may be taken up during the working time of the grievant upon mutual agreement between the Public Employer and the Union. 10.4 All grievances proceeding to Step II must be reduced to writing and must contain the following information: (a) The specific Article and Section of the Agreement alleged to have been violated by the Public Employer; (b) A full statement of the grievance, giving a complete description of the facts and dates and times of the events involved in the alleged violation, and tk:e specific remedy desired by the grievant; (c) Signature of grievant and date signed; and, (d) Designation of the union steward or business agent if the grievant requests union representation. 10.5 All grievances shall be processed in accordance with the following procedure: . tpn ] - The grievant shall orally present his grievance to his immediate supervisor within five (5) working days of the -20- union representative be present at the meeting. when an employee requests union representation pursuant to this section, and a union representative is not immediately available, the Employer shall postpone the meeting for a reasonable time in order for the employee to obtain union representation. 9.9 (a) No written warning in an employees personnel file shall be used as a basis for disciplinary action if; 1. Mere than one (i) year has past since the written warning was issued; and 2. the employee has not received any other disciplinary action against him for similar or like matters within that one (1) year from the date of the written warning. (b) No written reprimand in an employee's personnel file shall be used as a basis for further disciplinary action if; 1. More than two (2) years has past since the written reprimand was issued; and 2. the employee has not received any other disciplinary action against him for similar or like matters within that two (2) year from the date of the written reprimand. 9.10 Employees subject to dismissal or suspension shall have the right to a pre-disciplinary hearing. The hearing shall be conducted by the Director of Public Works/Engineer. The pre-disciplinary hearing shall be conducted prior to discharge or suspension. The employee may request that the appropriate union steward shall be present at the hearing along with the supervisor who hae made the charge. This section shall not apply to circumstances covered under Section 9.4. The union steward and the employee shall receive written notice of the charges against the employee twenty-four (29) hours in advance of the hearing. A waiver of hearing shall be attached to the notice and the employee may waive his right to such hearing. -19- Written warning notices shall normally be provided to employees prior to the issuance of discipline. The following are intended as examples of disciplinary actions: 1. Reprimand given in writing. 2. Suspension without pay. 3. Dismissal. 9.a Notwithstanding the provisions of 9.1, the Employer may suspend or discharge an employee immediately for being under the influence of alcohol and/or drugs pursuant to Article 28 of this Agreement; disorderly and/or disruptive conduct, without the necessity of a letter of reprimand prior to suspension or discharge, provided however that a written statement of the charges and the reason or reasons for such action shall be delivered to the employee within five (5) days of the actual suspension or discharge. 9.5 Employees shall have the right to review their official personnel file upon reasonable request to the Director of Public Works/Engineer. 9.6 A written reprimand shall be furnished to the employee within one (1) week from the date the reprimand ie signed by the employee. The time limit imposed on the filing of a grievance shall commence when the employee is furnished the written reprimand. 9.7 The employee shall have the opportunity to submit a written statement responding to any reprimand issued. The statement shall be limited to the facto and issues regarding the specific reprimand at issue. The employee's responding statement will be entered in the personnel file, attached to the reprimand. 9.8 When an employee is questioned by the Public Employer, the Employer shall advise the employee if [he questioning may lead to disciplinary action against him. The employee then has the right to request that a -18- -. vr,..:, -..,..-.....:.._. - , . ..~.a4:as~:~ -- -- (hI Violation of a work rule or regulation; (i) Failure to immediately report vehicle accidents involving damage to any City property; (j) Conduct that could bring discredit to the Employer; (k) Having cormnitted and/or convicted for a felony, driving while under the influence of alcohol, or narcotic substances, crime involving moral turpitude, or a misdemeanor involving perjury or a false statement, or a misdemeanor evidencing bad moral character; (1) Leaving the working area during working hours without authorization; (m) Sleeping during working time; (n) Fighting, wrestling, horseplay, or any other act which might interfere with the safe or efficient operation of the Employer; (o) Unauthorized absence; (p) Unauthorized tardiness; (q) Repeated failure to achieve a satisfactory evaluation of work performance; (r) Refusal to cooperate during an investigation; Is) Insubordination; or (t) Conduct u~ibecoming a city employee. The foregoing enumeration of grounds for discipline, up to and including discharge, is by way of illustration and shall not be deemed to exclude management's right to discharge or otherwise discipline employees for any other cause. 9.3 Disciplinary Actions A. All disciplinary actions shall normally be progressive. -17- ARTICLE 9 DISCHARGE AND DISCIPLINE 9.1 The Employer shall not discharge, suspend or otherwise discipline employees except for just cause ,and in no event until the employee has been furnished with a written statement of the charges and the reason or reasons for such action. Any dispute over suspension, discharge, or other disciplinary action may be submitted to the grievance procedure as set forth in Article 10. The Employer shall consider, among other things, the seriousness and frequency of offenses when determining the appropriate discipline, which may include a warning, suspension or immediate discharge. Employees are not entitled to a particular number of warnings prior to the imposition of discipline, including discharge. 9.2 The following acts shall be grounds for discipline, up to and including discharge: (a) Falsifying statements or records; (b) Stealing; (c) Drinking or possessing alcoholic beverages while on duty; (d) Possessing, using or selling a cort rolled substance, including but not limited to, narcotics, marijuana, or barbiturates, other than that prescribed by a physician for the employee; (eI Being under the influence of a controlled substance other than that prescribed by a physician for the employee, or being under the influence of an alcoholic beverage; (f) Recklessness or negligence while on duty; (g) Violation of the no strike previsions of this Agreement; -16- ~ ARTICLE 8 RULES AND REGULATIONS 8.1 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures. g.p Failure to discipline an employee for violation of these rules, regulations and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations of the same rules, regulations and/or standard operational procedures. g.2 Any employee violating a rule or regulation or standard operational procedure may be subject to disciplinary action, including dismissal. All bargaining unit employees, regardless of union 8.3 affiliation, are subject to all City rules alo~eeslunlesa pertaining to the conduct of City emp / specifically exempted by provisions of the Agreement. 8.4 The City will make a reasonable effort to supply the Union with copies of all rules and regulations, including amendments. However, failure to supply said rules and regulations shall not affect the City's right to establish, monitor and enforce, or rescind, amend or change the rules and regulations. -15- .. .. .a..w:.. 9 ~_.~ ARTICLE 7 PROBATIONARY EMPLOYEES 7.1 All employees shall be classified as probationary employees for the first six (6) months of continuous uninterrupted employment. The probationary period shall apply for all employees in a new job classification (new employee or an employee who has been transferred, promoted or demoted). The City Manager has the discretion to extend the probationary period an additional six (6) months. Except in the case of a transfer or promotion to a new position which is set forth below, at any time during the probationary period the Public Employer may decide to terminate a probationary employee with or without cause. Such decision to terminate shall not be subject to the grievance or arbitration procedures of this collective bargaining Agreement. Provisions as to seniority shall not apply to probationary employees, rather seniority shall date back to the time of hire after an employee has successfully completed his probationary period. If more than one employee is hired on the same day, seniority shall be determined by employee number. 7.2 Employees who are subject to a probationary period because of a transfer or promotion to a new position shall be returned to the position they held prior to the transfer or promotion at the employee's former pay should management determine that the employee is not successfully completing the probationary period. However, nothing shall prevent the Employer from discharging, suspending or otherwise disciplining, the transferred or promoted employee during the probationary period for just cause. Further, should the transferred or promoted employee be returned to his former position for failing to satisfactorily complete the probationary period, the Employer shall have the right to terminate the individual who filled [he transferred or promoted employee's former position. Such termination shall not be subject to the grievance or arbitration provisions of this Agreement. 14- permission shall not be unreasonably withheld 6.g Nothing is this Agreement shall be construed to prevent any employee from presenting, at any time, his own grievances to the Employer, in person or by legal counsel, and having such grievances adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of the Agreement when in effect, and if the bargaining agent or hie designee has been given reasonable opportunity to be present at any meeting called for the resolution of such grievance. 6.10 Employees of the designated bargaining unit shall have the right to join the Union, to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid and protection, and to express or communicate any view, grievance, complaint or opinion, within the bounds of good taste related to the conditions or compensation o£ public employment or it betterment, all free from any restraint, coercion, discrimination, or reprisal. There shall be no restraint, discrimination, intimidation, or reprisal against any employee because of that employee's membership or lack of membership in the Union or by virtue of his holding office or not holding office in the Union. This provision shall be applied to all employees by the Employer and the Union. 6.11 All etevards have productive work to perform as assigned by the Employer. The parties agree that each will cooperate with the other in reducing to a minimum the actual time spent by union representatives in investigating, presenting, and adjusting grievances or disputes. -13- 6-4 The following sections outline the duties and responsibilities of stewards recognized union representatives. In those cases which cannot be resolved otherwise, designated union stewards shall be granted reasonable time off, without lose of pay, to settle grievances. Work loos must be minimized. The steward must advise his supervisor of the requirement of such time and secure permission. Such permission will not be unreasonably withheld. Union stewards shall normally settle grievances on the job site which is within their designated jurisdiction. All files of the employee shall be open for investigation by the steward when settling grievances. Union stewards shall not conduct any grievance work on premium time (overtime) except in emergency situations occurring during such premium hours that involve suspension or discharge. Supervisor permission shall be given orally to the union steward provided that said oral authorization insures adequate controls of the steward's time; otherwise written permission shall be required. If it becomes necessary for a union steward to receive writte:i permission, the department will provide a form which will be used for this purpose. Upon returning to his work assignment, the steward shall report to his immediate supervisor, unless prior consent not to do so has been secured. 6.5 Union stewards shall be active employees as designated by the Union, and shall be members of the bargaining unit. 6.6 Union representatives, while on public property and functioning as stewards,~are subject to the same rules of [he Employer ae all other public employees, except as specifically provided in this Agreement. 6.7 No employee shall function as a union steward while on leave of absence, without mutual consent of the Union and the Employer. 6.8 When it becomes necessary for a union steward to enter a division or area other than his own for the purpose of conducting union business authorized by this Agreement, he will secure permission for his presence from the supervisor of that area or division or activity and notify the supervisor of the general nature of his business. Such 12- ARTICLE 6 UNION STEWARDS AND UNION REPRESENTATION 6.1 Employees covered by this Agreement will be represented by stewards designated by the Union in the following locations of the Department of Public Works. ••mh of Stewards Tnration Atlantic Beach Water Treatment Plant/Public Works/Sanitation/Water Distribution/Parks and Recreation I Atlantic Beach wastewater Treatment Plant 1 Buccaneer Water/Wastewater Treatment Plants 1 The Union may appoint cne of the above stewards as a Roving Steward. When additional permanent work locations are created, the Employer and the Union will meet a[ the request of either party for the purpose of mutually determining the stewardship needs of the Union. 6.z A written list of union stewards shall be furnished to the Director of Public Works/Engineer prior to the effective date of their assuming duties of office. Union stewards will not perform any grievance work until such notification is received by the Employer. 6.3 The Business Manager or the President of the Union, may, with prior authorization by the City Manager or Director of Public Works/Engineer, be admitted to the property of the Employer. Union officials, as designated above, shall be able to talk with employees before or after regular working hour or during the lunch hour of said employees on Employer property in areas mutually agreed upon by the Union and the Employer to discuss union business, including but not limited to, grievances, in areas mutually agreed upon by the Union and the Employer. -11- 5.6 The Public Employer's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Employer from exercising the same in some other way not in conflict with the express provisions of this Agreement. 5.7 The exercise of the above-referenced management prerogatives shall not be subject to the grievance or arbitration procedures of this Agreement; provided however, that the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. -10- 5,2 The above rights of the Public Employer are not all inclusive but indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Public Services Department of the City. Any of the rights, powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement. The management rights, functions privileges and prerogatives referred to in this Article which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, functions, prerogatives and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hours, and working conditions,. which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The Employer is not required to continue those voluntary aspects of wages, hours, and worY.ing conditions rot included in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 5.9 Zt is agreed that every incidental duty connected with operations enumezated in job descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific job descriptions as long ae they are related to Department operations and have the approval of the Director of Public Works/Engineer. 5.5 Whenever it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of the Agreement may be suspended by the Mayor, City Manager and/or Director of Public Works/Engineer during the time of the declared emergency provided that wage zates and monetary fringe benefits shall not be suspended. -9- ARTICLE 5 MANAGEMENT RIGHTS 5.1 Except as expressly provided for in this Agreement, the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employees, including the rights to decide the number and location of work stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work (should the Public Employer exercise its management right and decide to contract out existing and future bargaining unit work, the Public Employer agrees to notify the Union of its decision no less than fourteen (14) calander days prior to implementation of the decision and to meet with the Union; however, such obligation to meet with the Union shall not affect the Public Employer's right to implement said decision free from any bargaining obligation); to determine whether and to what extend the work required in its operations shall be performed by employees covered by this Agreement; to maintain order and efficiency in its work stations and locations; to curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance demote band to hire, lay-off, assign, transfer, promote, determine the qualifications of employees; to create new job classifications and to create and amend job descriptions; to determine the starting and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to discipline, suspend, and/or discharge employees for just cause; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral changes, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement. a- determination of the terms and conditions of their employment. _~_ ARTICLE 4 MANAGEMENT SECURITY 4.1 A. The Union, its representatives, members or any persons acting on their behalf agree that the following "unlawful acts" as defined in Chapter 447, Florida Statutes are prohibited; 1) Solicitation of public employees during working hours or 2) Distributing literature during working hours in areas where the work of the public employees is performed. B. The circuit courts of the state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this or any other agreement. C. No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article. 4.2 The Public Employer and Union agree that the basic intent of this Agreement is to provide a fair day's work in return for a fair day's pay and to provide conditions of employment suitable to maintain a competent work force. The Public Employer and Union affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment remembering that the public interest requires full utilization of employees' skills and ability without regard to race, color, creed, religion, national origin, handicap or sex. q.3 In accordance with Chapter 447, Florida Statutes, employees shall have the right tc form, join and participate in oz refrain from forming, joining or participating in an employee organization of their own choosing. They shall have the right to be represented by an employee organization of their choosing to negotiate collectively through a certified bargaining agent with the City in the -6- .. _ ,_ ..:.ur+_ _ ARTICLE 3 NO STRIKE PROVISION 3.1 The Union and bargaining unit members shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, intentional disruption of City operations, or to withhold services for any reason. 3.2 Local 630, its officers, agents, stewards, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and including their responsibility, in the event of breach of this Article or the law by other employees, and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike. 3.3 In addition to the penalties set forth in Section 447.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be disciplined, up to and including discharge, by [he City- The only question that may be raised in any proceeding (grievance, judicial or otherwise) contesting such action is whether the provision prohibiting work stoppages, boycotts, slow-downs, strikes, intentional disruption of City operations, or the withholding of services was violated by the employee to be discharged or otherwise disciplined. 3.4 The circuit courts of this State shall have jurisdiction to enforce the provisions of this Section by ex parts injunction and contempt proceedings, if necessary. -5- that the excess amount deducted was in fact remitted to the Union in [he form of union dues. p.6 The City agrees to furnish the Union upon request with an annual computer print-out of all the employees within the defined bargaining unit. The print-out will contain the employees' name, address, social security number, classification, current rate of pay and length of service with the City. The City will not be responsible for the accuracy of the information provided. 4- ARTICLE 2 PAYROLL DEDUCTION AND DUES 2.1 Upon receipt of a written authorization from the employee covered by this Agreement, the Public Employer will deduct from the employee's pay the amount owed to the Union by such employee for dues. It is understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Employer will submit to the Union the deducted sums within fifteen (15) calendar days. Changes in the Union membershipP duffs aWditin e5overl the certified to the Public Employ_ 4 signature of the Business Agent of the Union and shall be done at least thirty (30) calendar days in advance of the effective date of such change. The Public Employer's remittance will be deemed correct if the Union does not give written notice to the Public Employer within seven (7) calendar days after remittance is received of its belief and reasons stated therefore that the remittance is incorrect. 2.2 The Union will indemnify, defend and hold the Public Employer harmless against any claim made, and against any suit instituted, against the Public Employer as the result of any check-off of union dues. Z 3 An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) calendar days written notice to the Public Employer and the Union. Upon receipt of such notification, the Public Employer shall terminate dues on the pay date immediately following the expiration of the thirty (30) calendar day notice period. z_q No deduction shall be made from the pay of an employee for any payroll period in which the employee's net earnings for that payroll period are less than the amount of dues to be checked off. Net earnings shall mean net after required deductions of federal taxes, social security, pensions, credit union, and health and life insurance. Z 5 If there is an amount deducted in excess of what is authorized by this Agreement, the employee affected ovided seek recourse within the Union and not the City, p -3- A.QTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with all applicable provrsrons of Part II of Chapter 947, Florida Statutes, the Public Employer recognizes the Union as the exclusive collective bargaining representative for those employees in the unit certified by PERC (Certification No. 927) for the purpose of bargaining collectively ir. the determination of the wages, hours and terms and conditions of employment of those public employees within the following bargaining unit: IN . mFD: All regular full-time employees of the City of Atlantic Beach in the Public Works Department in the following job classifications: Dispatcher, Crew Chief, General Maintenance Worker I and II, Heavy Equipment Operator, Lead Sanitation Worker, Maintenance Foreman, Mechanic Z, Mechanic II, Sanitation Worker, Utility Plan Operator Trainee, Utility Worker, Meter Reader, wastewater Trainee, Water/Wastewater C Operator and Sanitation Foreman. F7C .iT .D: All other employees of the City of Atlantic Beach. The Employer agrees to promptly notify the Union in writing of its intention to create any job classification not specifically listed above, which classification might reasonably be expected to be appropriate for inclusion within the bargaining unit. The parties agree to meet and discuss reopening this section to add such classifications to the description above at the request of ei[her party. 1.2 It is further understood and agreed that the Business Agent or his designee will be the official spokesman for the Union in any matter between the Union and the Public Employer, only however on the matters which the Union has authority regarding its membership. The Business Agen[ shall designate in writing the name of his designee. -2- y.:+.,. AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 1994, between the City of Atlantic Beach, hereinafter referred to as the Public Employer, or City, and the Northeast Florida Public Employees', Local 630, LIUNA, AFL-CIO, hereinafter referred to ae Local 630, Union, or Employee Organization. It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the parties hereto, to provide an orderly and peaceful means of resolving misunderstandings or differences which may arise and to set forth basic and full agreement between the parties concerning wages, hours and other conditions of employment enumerated herein. There are and shall be no individual arrangements or agreements covering any part or all of this Agreement contrary to the terms provided herein. IC is mutually understood and declared to be the public policy of the Public Employer and the Union to promote harmonious and cooperative relationships between the Public Employer and the Union and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. Whenever a male pronoun is used in this Agreement it shall be construed to include reference to both sexes. -1- ' ---x-.a i~..9:~ - SAFETY AND HEALTH -46- BULLETIN BOARDS _ _47_ UNIFORMS -48- MILEAGE ALLOWANCE -49- UNION TIME POOL -80- CAREER DEVELOPMENT -81- WAGES -52- ALCOHOL AND DRUG TESTING _ _ _ -55- SENIORITY -59- JOB QUALIFICATIONS AND PROMOTIONS _ _ _ -61- SEVERABILITY -62- SAVINGS CLAUSE _ -63- ENTIRE AGREEMENT -64- DURATION OF AGREEMENT _ _ _ -65- SZGNATUP.E PAGE -66- EXHIBIT A -67- EXHIBIT 8 -68- EXHIBIT C . -69- -ii- [ ~ Table o£ Contents Article No. Title Page No. AGREEMENT -1- RECOGNITION -2- PAYROLL DEDUCTION AND DUES -3- NO STRIKE PROVISION -5- MANAGEMENT RIGHTS -B- UNION STEWARDS AND UNION P.EPRESENTATION -11- PROBATIONARY EMPLOYEES -14- RULES AND REGULATIONS -15- DISCHARGE AND DISCIPLINE -16- GRIEVANCE PROCEDURE -20- ARBITRATION PROCEDURE -23- HOLIDAYS -26- PERSONAL LEAVE HOURS -2B- LEAVES OF ABSENCE WITHOUT PAY -32- MILITARY LEAVE -33- BEREAVEMENT LEAVE -34- HOURS OF WORK AND OVERTIME -35- INJURY IN THE LINE OF DUTY -39- CODE OF ETHICS AND USE OP CITY EQUIPMENT -41- INSURANCE _ -45- -i- AGREEMENT between NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL~10 AND crrr of n ~Afimra Bou4 - 7lerc4e CITY OF ATLANTIC BEACH, FLORIDA October 1,1994, througA September 30,1997 It is herewith recommended that the City Commission ratify the Agreement between the Northeast Florida Public Employees' L.oca1630 and City of Atlantic Beach for the period October 1, 1994 through September 30, 1997 as written. Sincerely, ~~~ ? ~~ City Manager Enclosure cc Captain John Campbell Marc Christensen )ack Baldwin William A Worsham CITY OF ~la.rtic $tadc - ~lotlda Honorable Mayor mid City Commission Members Atlantic Beach, Florida Dear Mayor and City Commission Members: w s~N~wu•: xaAn AMC BE.1Ll(, FIARmA 33tJ15N3 iFJ.FArONE I10U L1LW FAl(19M11l15lL~ November 10, 1994 I am very pleased to be able to submit for your review mid action the recommended contract between the City of Atlantic Beach and Northeast Florida Public Employees Loca1630-Public Works Collective Bargmning Unit. You will note this is a three yeas' contract with three reopeners. I wm~t to complimer_t all associated with this labor process including Marc Christensen, Jack Baldwin and William A (Bo) Worsham. Much time was devoted towards the negotiation of this contract with slot of give and take. But everyone remained focused with a common goal to resolve divergent positions and settlement upon a proposal acceptable to all concerned. Finally, I especially want to thank and commend Captain Iohn Campbell for representing the City of Atlantic Beach. John has served our municipality extremely well and has done an outstanding job as our chief negotiator. 7~ II. Application for Use-bp-Exception filed by Richard A. y/ Hightower to operate a construction bwiaeas at property located _/`A` at 645 Mayport Road, Suite 4A. Mr. Hightoxer introduced hiwelf to the board and stated the office would be wed solely for tslaphane and bookkeeping work and there would be no outside storage of field peraoaael. After diacwaion, Mrs. Cregq moved to recommend to the Citp Commission that the Use-bp-Exception be granted solely to the applicant at this location. Hr. McGowan seconded the motion and it panned uaanimoualy. III. Application for Uae-bq-Exception filed by Rwsell Stuart for outside storage for an R.V. at property located at 31 Royal Palm Drive. Mr. llorlep reported that Mr. Stuart xae ill and had asked the board to defer his application. He also reported that the application wan not aigaed by the correct property owner. After diacwaion, the board determined that the application was not an appropriate we-bp-exception request sad instructed Mr. Worley to have the situation resolved by the Code Fnforcemeat 8oazd. A general diacwaion followed regarding proposed reaovatioaa sad parking at the Sea Turtle Ina sad Restaurant. The Chairman requested that a diacwaion item on this matter be placed on the agenda for the next meeting. There being ao further buainesa to come before the board on motion duly made the meeting was adjourned, BIGHED: ATTEST: MINOTE3 OF TAB COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA SEPTEMBER 20, 1994 7:00 P.M. CITY BALL PRESENT Don Wolfson Pat Pillmore Karp Walker Sharette Simpkins Mark McGowan Ruth Gregg AND George Worley, II, CD Director Alan C. Jensen, City Attorney Pat Harris, Recording Secretary ABSENT Robert Frohwein Chairman Don Wolfaoa called the meeting to order and asked for approval of the minutes from the meeting of August 16, 1994. Upon motion duly made and seconded the minutes were approved. OLD BUSINESS: I. Application for Change in Zoning classification filed by Selva Linkaide Partnership for 7.13 acres located in Selva Linkaide, 4.06 acres to remain sowed OR, Open Rural, sad be deeded to the City of Atlantic Beach, and the remaining 3.07 acres to be rezoned to RB-1, Residential Single Family, to allow for 6 lots along Linkaide Drive. June Norris, President of Belva Linkaide Phase ;1 Homeowners Association, introduced herself and reported that she had taken a survey of the homeowners association members and out of 71 homeowners she received 23 replies. Sixteen were opposed to the change is the soniag and 15 of those were told that the property would never be developed. The majority of the 23 replies were not desirous of acquiring the property. The remaining replica felt that the rezoning wan inevitable. Residents, Barbara Bonner, Peter Fantegrossi, Noel Burns, George 6inabuzg, Ma. Teaher, Rop Lundquist, Ann Wheeler, Ray Lawson and Patricia Lundquist introduced themselves and stated their opposition to the rezoning. They stated they had been assured by the developers sad the Citp of Atlantic Beach that the property could never be built upon. Moat residents were concerned with environmental protection and drainage problems. s2//I~s or rACr 1. Ineroee ood e/reee to R°Poepl eedO to~NVt°w~rr°i eb. % i~e.l°r ~.~ ~ rCS NO i~eoee°oe! 4toetroMN'!Iw y~j e~Ntr°1 .Nd .aao.e 2• Ot!-otrOOt perki~y ead leWinB to Odo+oetO, ___ ___ Portleulor ottOetlee L geld to tho Stooe ~ 1 aboro end OftOOto lelt eAe~i°' eO~• Blae eed ~,~ Preprrtiee eed Pre/Ort1M~t~o~r M+°1aiM dietrleti 3• Loeolsone o! rOtrw oed oerrlw ~ ___ ee.potthlo rit6 ••rteOedle/ /e/OrlSOe °ood orO .OOilr OooOOOlhIO, ~. l.eaotione, oroilobllltr owe °OMt1h111tr of ac111t1e^ ere ^dOgwl°, 3. TYPO. dsoOeolooe eed eherootOr o! oerOOnt~p .nd holterseB orO odOgwt°. 6. BSBee eed pseOOeod ootorier 1 rotOrOeoO to BlorO oM tro!!!e Kt1~' rich hOroeer Oed oro °eoootlhle rlth etAee r' ore !e Sn tM dietrtot. BreBortlN :~~tegoind rerde eed elhee e/Oe oPooOe oh propOrtt~oN B•ooa'.llr •••MtlYlO rlth Nloeret °t~ /roMrtr L tN dlotrlet. COMMUMITT //rBLOPMf./T ~~/ /~T AM ATIOMB~ ACTIONS /T flBI CITT COAI~IO/~ P1•••• TYp• or Prln! in In4 ' Appllo•tion Few SI00.. 00 /7 fir?^'~.--._ APPI,ICATIOR FOR •URQ RT [XCRPT~QR• Itl ~~L%=_'c.. ' i !ff!!//~~/ 'il ~0-6 ?994 ~- D•t• FS1Mt --------------------- e~ad~~g a,,c ~~;. N••• •nd Addr••• o! Omer er T•n•nt in -w••••lon e! Pr••1•••, R i c ha r_d_' A, _H_i_g_h_t_o_wer___ Hi Mower Groutin Services, Inc PAen• Yerk~_ (904) 246-9344 -__----_ Ro••~_ (904) 241-0524 Street •adr•ee •nd lp•1 d••eriptlon C! th• pr••1••• •e to •Aleh eh• •u• by !noptien• i• r•tWetWS 645 M_aj'port Road, S.u#te 4A (0'Ma A d••oriptlon o! !M •IN• bF ~na•ption• d••!r•d, rhloA •h•il •p•eitie•11 •nd p•rtieul•r1Y d••eriM LM lFW. ab•r•et•r •nd •at•nt o! !h• propose •U•e by Cxwptlon•~ Contractor not re4ui_ rln¢ ogtjai e to;g~~----------------------------- 6P•oitle r•••en• rhP tM •ppliwnt !••le tb• rM•••t •Aerld b• yr•ntedi This office is used only for clericals g~t~~m$~~ ~ydACG.41uiC~ng~_ There Sti~~2 g9J1~tD.C at°~ hprp~ _~____ -~L~~WL-ELC11L nn.Q.....,•t aL____-__. this location, zoning C1•••tlle•lion~_ Commercial Limited ~ Rn•t~r• o! • 1~ !/•pplle•nt'• ~~~AG~ _'___ ^ulheriz•d •R!d! or •tlor•q•, I! Ai of ern•r o! tM proD•rt> •p•nt er •ttern•Y, 3•e1W 1•ttet PP11e•tien o•negt M proc•o•r !ro• •Ppllo•nt !e tMt e!!•et, tithes! ern•» •lpn•tor~. Real Eatate Office Bui Applio•n!/ De not•lSll d• b•Fend thie pint. Rogwr, b. pr•pvd tr s••pond to th• lollorlnp ite••~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Use-by-Exception for Contractor office at 845 Mayport Road SUBMITTED BY: George Worley, Community Development Director ~:,(~~ DATE: October 17, 1994 BACKGROUND: The Applicant desires tc operate the business office portion of his contracting business in a mixed use office building at the nbove address. Ths operation will include telephone and clericnl work only. RECOMMENDATION: The Community Development Board found that. this business fit the category of low. intensity service per section 24-109(c)(4). No equipment or material stornge will take place at this address. The Community Development Board found that this business is compatible with Lhe intentions of Section 109 and with the other existing businesses at the proposed location. The comm„n;r.~ ATTACHMENTS: 1) Application for Use-by-Exception 2) Minutes of the Community Development B rtl REVIEWED BY CITY MANAGER- ~ ~ AGENDA ITEM NO. ~ !ti ......,.........~.u .. _. ..n~..re.:..._ NOTICE OF PUBLIC HEARING CITY OF ATLANTIC BEACH Notice is hereby given the City Commission of Atlantic Beach, Florida, will hold a PUBLIC HEARING on Monday, November 14 1994, at 7:15 PM at City Hall, 800 Seminole Road, for the purpose of hearing 1ed considering the views of the public concerning the following quest for a Use by Exception: AN APPLICATION FOR A USE BY ERCEPTION FILED BY HIGHTOWER GROUTING SERVICES, INC., TO OPERATE A CONTRACTOR'S OFFICE LZMITED)MAYPORT. ROAD IN AN AREA ZONED CL (COMMERCIAL All persons interested are notified to be present at said time and place and they shall be heard. If a person decides to appeal any decision at any meeting or hearing, he will need a record o£ the proceadinge, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which appeal is to be based. MAUREEN iCZNG, CMC City Clerk Published in Beaches Leader: Wednesday, November 2, 1994 Posted: City Hall Public Works 7a-- .G Section 3. Sec. 22-91 Maintenance The Owner shall operate and maintain [he private wastewater disposal facil ltiea in a saniCa ry manner at all times a[ no expense to the City. Any and all maintenance to a private wastewater disposal facility must be permitted and inspected by the Ci[y Building Department. Section 4. This Ordinance shall take effect immediately upon its final passage and adoption. PASSBD by the City Coamisalon on first reading t61s day of 1994. PASSED by the City Commission on second and final reading this day of 1994. Lyman T. Fletcher Mayor, Presiding Officer ATTEST: Maureen Eivg, CMC Approved ae to form aad eorrec[aeee: Alan C. Jensen, Esquire City Attorney ORDINANCE NO. 80-96-53 AN ORDINANCE OP THE CITY OP ATLANTIC BEACH, PLOBLDA, AMENDING CHAPTER 22 OP THE CODE OP ORDINANCES, UTILITIES, BY AMENDING SEC. 22-90 ADDING POR FAILURE OP AN ONSITE SEYAGE DISPOSAL SYSTEM AND DEFINING FAILURE, SEC. 22-92 ADDING A REPORTING BEQOIREMENT POR A FAILED OMSITE SEYAGE DISPOSAL SYSTEM, AHD 22-91 eEQUIREO PERMITTING AMD INSPECTION. BE IT ORDAIBED by the City Commission of Atlantic Beach, Florida: Section 1. Sec. 22-90 of Chapter 22 of the Code of Ordinances of the City of A[lan[ic Beach, Florida, is hereby amended to read as follows: Sec. 22-90. Connection to public severs; failure, cleaning and filling. AC such time as a public sever becomes available to a property served by s private vastevater disposal system (Onsite Sewage Disposal System), as provided in section 22-89, or when a failure of said Oasite Sewage Disposal System occurs, a direr[ connection shall be made to the public sever within ninety (90j days in compliance with this article, sad any septic tanks, cesspools, and similar private vastevater disposal facilities shall be cleaned of sludge and filled with suitable vaterial. The requirement to hook-up to the City's sever system will not be required of property owners who began paying an assessment for sever lines before December 1, 1994 unless their septic eyatem fails. Failure is def iced ae a condition existing within an oneite sewage disposal system which prohibits the system from f unc[ioning in a sanitary manner and r6ich may result in the discharge of untreated or parcfally treated vaaterater onto ground su zface, into surface eater, into ground eater or which may result in failure of building pluubing to discharge properly. Section 2. Sec. 22-92 is added to Chapter 22 of the Cade of Ordinances of the City of Atlantic Beach, Florida to read ae follows: AC such time as private Onsite Sewage DScpoeal System fails, as defined fo Sec. 2?-90 of this article, a written report shall be made by the owner of said eyatem to the City of Atlantic Beath within seven (7) days of such failure. WE THE UNDERSIGNED ASK THAI' THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS "^..'~ 1 ADORES8 A ,...- O "~- i o - ( -- - ---- I1 I _._ ---_.____- 14 I --- IS 16 I ---- -17' ~6, 19 20 21 22 23 ~ 24' I 25I 26i 27 ~ ~'~ r,J \~ ~ 28 ~ - _. " 4 9 29; ~ pG~ ~ pay... ..~~ "~o ~ M-ho2 ~, C~~Co.~.M\ssaN..~sb~ PtTt.-~~uQ~: ~p G~htW tiA S.~v`~O~ ~~~ ~R.l~ W~~~~h! /`~ ~~~,..U ~~ ~ o ,~aJ~~` . ~,., ~ AUatRic 8e~• Rai>> VYE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE 1NETLANDS AND UPLANDS: i - NµtE - ADDRESS \ 1 ~~I~nM r n'\ ~\ cEr~'t-eL ~ J'F"1 PF ~~cA~ 1~ F p'KE. 4c~, ft 3 Lt3? 2, ~ ~ ,~ ~~ i 4 ~ ~ /J ~. ~.7J,3 5 ~8 cam. ~~-ec~J ~LGI.~, B! 7i i 8! 9 10 12 ! _ 13; ~ _ 14 i - 15 ~ t6 17~ 18' 19, 20 21' 22~ 23' 24 251 26 27~ as 28 ~ ti^. F\ 29 ~ ~l" `~0 ~ ~ dF\ WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE RE20NING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: i NAME ~ ADDRESS I ?~ ' Cf ~ v x,rr .~) 4 DO r I 5! /OO Z ~... ~ si /vL~ ~Dr ~ - 7', mi I 05V `! KI-'-/ /Filh*mC. AE+~C.N f 8~ ' s w. ! ~ ~ ~- tz; /y I ~, l~ 14~ 0. l I ' 7 5 ~ t.,, ,.. I 3 y ~~ - ni , p ~ 18 Q~ ( /r 19 ~, a O OQ 20 ~ ~ --f- ~ / O 21 ~ °lr!U v ~dv pr 22 ilj 23 - ~ U d .%f-t 24' 6~ I 25", ;~~ 28' S5/t~ 27' Ssa~ P ~. 28 ~ / ~ ~ EV~p i 29 ~ ~' v 30 ! C•.\ r~ \i~ v ~\ ` WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNfTY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: I NAME ADDRESS 11 21 1~~~$u~ns S~~w+ ~e.k~ CIS ~~ 31 \C M4-~isu,.6 (~~ , ICrpIN~ ~~ 4~ 'rl N ~ ' ~q1 .~. 5' 6i (~LV~I ~" '( 4 y it el 9~ ~ - ~ ~ - ~/. /-Jc-< r. 9' ~F d ar WnnT Oi.GG ~ ~2 1 SFi ..n LA~rC /'.O 16 ~ 17i 18' i 19 20~ 21~ 22' 23 T 24~, 25' 26 127i 28! J' V 1 ,` ~:.~` ~gpaGb. .... ~ ~,l\a~' WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE RE20NINGJDF,THE SELVA LINKSIDE WETLANDS ANO UPLANDS ~ NAM - / - / S [' DDRESS ~~ Y 2, V ~ / ,So I L1. Q. 4! 3 _ 510 1 Nn z,.,,lcL-.~C ~ . , r 1 ~ r li 7' -U"~ '~~ rl/'P L 9 ~~j+8-~ •~GG --- -- i1 ~ltl L- nJ~.~D'T-S~ ,71.C C',~ ~_JA Cr.M~S ~-/,P C~~ 15' ~ 16 17'. t8 19. 20; 21 22 23 24' 25; 26~ 27 i ~~ _.- 26 i = 29 . `,~ .\~g4 ~ 30 . G ~ Fla"' ~ ~ `w ~ ~0aaw - WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT 80ARD TO DENY THE APPLICATION FOR THE REZONING OF ~ SELVA LINKSIDE WETLANDS AND UPUINDS: i ~ , , y.,~ tea...,-, .. 5,- ~ Srl ~ ~ - 21,~- i/.,,~,_ ,~~~_~...~ ~ Vii/ _ ~~ ,.z /~ 4! ~ Qn.,t~ -,• I ~ SSS st~.la La~e> C~'.clc. -r 5 o-w.( fhE JrSS. St~ua I-~r-y ~.r~~c 7 .,, ' v i ?i ..,.~- - / . ~ . ~QOn G 6`~ cnn ~ ra ( c e ~ /~ 4 A.. /f /~nJ 1l,, H7S (( SC~i• // ' /JIL~~ pp /iV/~P ' I ~/ St~~c~,c /CR ~~ ~~ ti I s' 9,t" _ r , is. -' ~ 3 zo' Co 9 U L ~. 22 v ~. S.C ~' C ~ - . ~ 23 c.w ~ .35 C ~~d J~c~ ~ 24' %/ ~ ~- 25' 7L% ~•,nnJ 5~7~ J /~t ~s/an ~,c G. 26' ~ ~3 CFA 271 art 28~ ~ "e .~_ . « w ~ 2s ~ 1 -k ~ . ~ ~ ~_ ~: .tom _.~- ~~~sf S ~9 ~ ~~- ~_ ~ ,,~,~.zr~h~ 1~`, ~*`\Z~``0eac 1 w OCTOBER 10, 1994 TO TAE HAYOR AND CITY CO?BtISSIONERS OF ATLANTIC BEACA: PLEASE ACCEPT TAE ATTACAID PETITIONS PROH TAE RESIDENTS OP SELVA LAKES, SUPPORTING TF~ RECOl4D?lIDATION OF THE COMlNNITY DEVELOPMENT HOARD TEAT REZONING OP OPEN RURAL LAND IN SELVA LINESIDE BE DENIED, -~~~~~ ~N !~ pC i 10 1994 \'~ ~~~~~ y'~7 Ciy d ~°~ ~' FlBnda ~}~ \~ ~ Y WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: NaME aoor~ss 1 ~ ~ S ~ ~.. 3~ ~ 6 ~ (,L_l.«C.w~ ~. L./`~2u~.f I ~ ~ ~ ~t~ J h ~C t f~ !J ~~Li ~~ ~, ~, I . _J _ ~~, 5~ l I S: 4 1 (1 ~ D lii(/ 13', / ~ 1 , z u - 15 0 ~ ,6 ~ ,~ i 18' 19~ 20 2,~ 22 23 - 24~ 25i 26 27I 28 1 .. i ' 29 ~ ~ yyv 30l ~ ~;~ pCT 1Q ;~_ - .~ c{ At!a~tic ggc!i. Fla:`- WE THE UNDERSIGNED ASK THAT THE CfTY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR T1iF~iEZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: ~ SS 1 ~ d5 ,H~r,~~ G~ ,~fC C~ 2 31 ~ DE 3 /1 3.3 G 3z.~j3 5, ' . ~f ~ ~~ y _ ~ ~~ 9'. L IT/~rv ~ ~ .Ul:lS lob ,.;,.. -,, d ! I10 L ~-~-- 1 ~ / 11. ~ ~ I z i ~ C~ ~ - 15 16 17 18 19 21i 22~ 24 25 28 27 26 29 /7_ /L L~'il/ ~~3=. z z 33 WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEYELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: ~ ~I NAME -,- AGGRESS ~- z i t n 3 / 7 ~ 4 5 1. s , r L 7: a ~ 15' ~ 73 v, IGI ~ •.v 17' ~B 19. 20! 21, l 221 ~ 23~ 24~ 25~ 26 27 28~ 29 ~~ WE THE UNDERSIGNED ASK THAT THE CITY OF ATLANTIC BEACH SUPPORT THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD TO DENY THE APPLICATION FOR THE REZONING OF THE SELVA LINKSIDE WETLANDS AND UPLANDS: i ADDRESS 1 3 4~ / 5 8 ~ O 4.7 - 7 ~n 9 n : ~~ C:h~~fi,I 9' ~ ~ ~ -. - 10 ~ ~ O t2~ e~. ~ /~/96 13'~ .Z la! T `e- 15~~ /9 _ 16 ! .S 17' 181 19 20~ 21 22~, 23~ 241 25 28~ 27 28 29 30 October 10, 1994 Mayor Pletcher and City Commissioners: The attached petitions were signed by residents of Selva Linkside who urge pour support of the recommendatlon of the Communitp Development Board to deny the application for rezoning of Lots 1 through 6 in Selva Linkside from Open Rural to Residential. June Morris President Silva Linkside Unit 1 Homeowners Assn. F~ n ~~~ ~~ ~ ; U \p~ ,,~ October 1, 1994 ~ / Mr. Lymn T. Fletcher III Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach, Plorida 32233 Dear Mayor Pletcher: We the undersigned want to express our support for the recommendation advanced by the Community Development Board to reject a request to rezone Selva Linkside uplands lots 1 through 6 from open rural to residential. We purchased our homes in Selva Linkside and Selva Lakeside with the understanding that the uplands adjacent to the wetlands would not be disturbed. We need your vote to stop development of the uplands and to maintain the peace and beauty of our community. Thank you, /V_u ~~1 / Se/va LakPs C,',- S°~ S``~w. ~,It,, G S3 i ~~. n ~ r~ G ~~ 5.4i~+ S y; S C E va L a.~?c-5 c i ~'. Ashy ~alar7d 230 ~n~ ~. ELt .G Iy/ff~Glivi S s/ Sc /v~.~-~-5 Gy SID ~V~ ~ Qn .. ~.r---- ~ - ~ ; a'~ . , .SO ~~ Sn 1e \ F~o~'. ~~c l~~~ . ,• `~ October 1, 1994 Mr. Lyaan T. Pletcher Mayor City of Atlantic Beech 806 Sesinole Road Atlantic Beach, Florida 32233 Dear Mayor Fletcher: Ne the undersigned want to express our support for the recomendation advanced by the Coaaunity Devalopsent Board to reject a request to rezone Selva Linkside uplands lots 1 through 6 fros open rural to residential. Me purchased our hones in Selva Linhside and Selva Lakeside with the understanding that the uplands adjacent to the retlands would not ba disturbed, Me need your vote to stop development of the uplands and to saintain the pence and beauty of our coisunity. Th you (~~~~~e ~;ea~ ~.- 1a~;F 4\~„ ~ do r. o~ ~,~0 '~~,~ ,~a October 1, 1994 Mr. Lyaan T. Fletcher lfayor City of Atlantic Heath 800 3eainola Hoed Atlantic HeaCII, Florida 32233 Dear Mayor Fletcher: Me the undersigned vans to express our support for the zecoaendetion advanced by tlfe CoMMUnity DevelopMent Board to reject n request to rezone Selva Linkside uplands lots 1 througII 6 Pros open rural to residential. We purchased our holes in Selva Linkaide and Selva Lakeside with the understanding that the uplands adjacent to the wetlands would not be disturbed. we Head your vote to atop development of the uplands and to Maintain the peace and beauty of our c:osaunity. TIIank You. ~/`~ 'V j~~iti~/' ~~o y ~ N ~f~ ~~f{ ~f/~,. ~~ ~~~~ ~ ~G 3 Z z J~ ~~~ ` ~9~~ ~.. ~° ~°~ o~ ~~ .~ F~`'`~ a ~~ m 12u w aan u2n rnm RI81flt Iilfl, R 722ll October 1, 1994 Mr. Lyaen T. Fletcher Rayor City of Atlantic Beach 800 Seainole Road Atlantic Beach, Florida 32233 Dear Rayor Pletcher: We the unflersigned vent to e2cpress our support for the recooendatlon advanced by the Coounlty Devalopsant Board to reject a request to rezone Selves Linkside uplands lots 1 through 6 frog open rural to residential. Ne purchased ovz hoses in Selves Linkside and Selves Lakeside with the understanding that the uplands adjacent to the wetlands would not be disturbed. ve need your vote t0 stop Qevelopl~e22t of the uplands and to maintain the peace and beauty of our co®»nity. Thank yov, VV"•n \Gm-wn ~_ /> ~6r~~-~ J +'~0\~oi 4\~aa OVA e~ !`~tiA~' `~~ .,. ,. ..Y c...~c ....... -aN : .. October 1, 1994 Nr. Lyman T. Fletcher Mayor city of atlantic Basch 800 Seminole Road atlantic Beach, Plorida 32233 Dear Mayor Pletcher: Ne the undersigned vent to express our support for the recommendation advanced by the community Development Board to reject n request to rezone Selves Linkside uplands iota 1 through 6 from open rural to residential. Ne purchased our homes in Selves Linkside anfl Selves Lakeside with the understanding that the uplands adjacent to the wetlands woulfl not be disturbed. Ne need your vote to stop development of the uplands end to maintain the peace end beauty of our community. Thank you, f1~/«~c.hG ~'~,u~, ~ ~ ~. ~~ d October 1, 1994 Mrs. Suzanne SheugMessy Commissioner City of Atlantic Heach 800 Seminole Road Atlantic Heach, Plorida 32233 Dear Mrs. ShaugMessy: Please support the recommendation advanced by the Community Development Board. Please reject a request to Selva Linkside rezone uplands lots 1 through 6 from open rural to residential. Aa homeowners of Selva Linkside and Selva Lakeside we bought our homes because ve enjoyed the beautiful surroundings. Builders made promises that the uplands adjacent to the wetlands would not be disturbed. ~u. ~Z~ ~pt4-.,,,, ~.Q ~,J ti'~11t,1~~ h ~.os^i~ ~ c ....--..~. r ~ _" ~-. ,~° ~' ,';t ,-;,~t~IId '~1`OCi 101994 CJ '~ of Atlantic Bach, ilaida October 1, 1994 Mr. Robert G. Weiss, Jr. Commissioner City of Atlantic Beach soo Seminole Road Atlantic Beach, Florida 32233 Dear Mr. Weiss: Please support the recommendation advanced by the Community Development Board to deny rezoning in Selva Linkside uplands lots 1 through 6. Aa residents of Selva Linkside and Selva Lakeside we purchased our homes because ve enjoyed the undeveloped wetlands. our builders Promised that the areas would remain as they were when we signed the contract. Please support us. nnnn Tha_ i~~ i ~ ~v„v. ~1P~+-~ \V ~~~~wv1~r~ tn~ L ~c..:...<.. 7w1' ~, 1.60 f~ ~~ e-~ ""fyf0~ 10 1994 Ci!y d Atlantis 9aaCA, ilorlda October 1, 1994 Mr. J. Dezmond Waters III commissioner City of Atlantic Beach 80o Seainole Road Atlantic Beach, Florida 32233 Dear Mr. Waters: Please support the residents of Selva Linkside and Selva Lakes by accepting the recommendation advanced by the Community Development Board to deny rezoning in Selva Linkside uplands lots 1 through 6. Builders made many promises to us. one of the most critical ones vas to maintain the green spaces adjacent to the lagoon. We cannot a11oW these same people to renege on their promises. ~~ z'~" ~y~w ~ ^~M,acv~e,o, n _ _,,g;~ U;-~ ~ v~~,~ X60 ~~.~ ~~ ,` w 11 ~.y d Alladic Beach. Florin October 1, 1994 Mr. Lyman T. Fletcher Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Dear Mayor Fletcher: We the undersigned want to express our support for the recommendation advanced by the Community Development Board to reject a request to rezone Selva Linkside uplands lots 1 through 6 from open rural to residential. we purchased our homes in Selva Linkside and Selva Lakeside with the understanding that the uplands adjacent to the wetlands would not be disturbed. We need your vote to stop development of the uplands and to maintain the peace and beauty of our community. -„1't~ank you, y,,~ //T'Z ~IN~IG(~ G/LIU~ Lv~C .;,_ C . f,~i~i~a~,e,~ t) / ~ /2 6 O j~nzHs~ifC~ ,~t~ !+~-~- . ~~~~~ City Of Atlantic Beach. Florida October 1, 1994 Kr. Steven Rosenbloom Commissioner City of Atlantic Beach Boo Seminole Road Atlantic Beach, Florida 32233 Deer Kr. Rosenbloom: The residents of Selva Linkside and Selva Lakes need your help. We ask that you support the recommendation advanced by the Community Development Board to restrict zoning in Selva Linkside uplands lots 1 through 6. Please keep these lots zoned as open rural. We purchased our homes because we believed the promise made by the developers that the uplands adjacent to the wetlands would not be disturbed, Please support us. ~~u, ~,n.~n~-r ~MU~vw V AAQ~ ~~/~. r 00 /4W~ ~i~/~~~~ ~~ .. 'n~~~~~ t31~ OC7 10 1994 City d AtlfMic Bade. Florida ~ ~6 n ll .~ ~~ ,~ J- ~ ~~ \ /~60 4 2a-ta ATLANTIC BEACH CODE f21 Rev yard: 20 feet: --- (3) aide ysrd: 7.3 het. (A Building reitricliona The building rcstrictiom in these districts erc: (1) Maximum lot coverage: none; (2) Maximum building height: 33 feet. - (Ord. No.1)482-74, 4 2(III, F, 2), 7-2682; Ord. No. 90.86104, 4 1, 623-88; tAd. No. 90.86-113, 4 1, 1.12-87) Bee. R41d6. 8,8.9 rsAdentW desk-hmOY dbtrlcu. fal intent The RS2 distritte are inknded to spply to • predominately dev area of ingkdamily dwellings with Iola smaller than thane in the BSI district. Prrmiltrd oars. The uses permitted in these dinricta sre: ~1 Ingle-family dwellings; f21 A ry usd; '31 Plan unit developments; 141 Govern t buildings end fvilities. ~e~ Usn by Kre In these districts, the f l l Churches; '2~ Public and privets 1 f31 Sehaole; (I) Home omepatione (dl Minimum fof a el4 these districts en d fl) laorsib p( (2) la width: f3) la 0p ryM, (e) Mini ytud rrquir u follows: by exception are ae follows: The midmum roquiromenb far l04 end sits in ~~ TM minimum 7ax~w9ulnmen4 h these distne4 arse <1) ystd: 20 fist; (4 Yard:'10 Get; Side yard: 16 total lest; 3 minimum fast to Buifding resaietiowa TM 6uildfag nebietiaes fa tLar f l) Maximum lot ooveraga: none; swp. w a r fellows: A 14g8 ZUNING AND SUBDIVLSION REGULATIONS § 24404 (2) Ld width: Nd applieabla; (3) lot depth: Nd appliobM. (el Minimum yard rrquiromrnfa Tha minimum yard raquiromenta in these districts are u follows: f l) Proat yard: Nd applieable; f2) Rear yard: Nd appliabM; (3) Side yard: Nd sppliabk. (O Building nrhietiwra The Molding restriction in thse districts ere s follows: 111 Maximum lot eovaraga: Nd appliable; (21 Maximum boildint 6sight: Nd appliabk: 13) Maximum density: Nd applinble. gee. f41O4. R8.1 ewsidsatlal dadelataRy dldrfeta. fal fnrrnt The RSI districts en intended for development of low density single-family residential area. Ibl Pnmiterd asst The ass permitted in these districq are u follows: Il) Sirrgk-family dwellings; f2) Aaesay ass: (3) Planned unit developtunee: 14) Government buildings and facilities. (C) UMS ~ 6CCpflan In ehse dietricu. uses by exception ere u follows: (1) Churches; 12) Public and private reveationsl facilities: (3) Sehaola: f4) Nome acvpatione. fd) Minimum lot or sift roquirrmenra The minimum requirements for Iota and sites in these dratricts an s fdbwa: (1) Ld ar site arq: 7,500 equsro feet; (2) Lot width: 76 feet: l3) Ld depth: 100 feet. lel Minimum yard rrpuirementa The minimum yard requirements in these districts are ae (ollows: (U Rront yard: 20 feet; 9aeV.IVa 6 1435 4 24-102 ATLANTIC BEACH CODE \• gee. f410i EstabWhed. The earponte area of the city is divided into diatricv m follows: District De¢riptbn OR Open rural RSl Rnidentiai aingicf~mily R&2 Residential single-6mily RC-1 Rnidential general-two-family RG-lA Residential general-two-family RC-2 Residential general-multipledemily RC-3 Rnidential general-multipledemily RMN Residential mobile home CPO Commercial professional end offices CL Commercial limited CG Commercial general ILW Industrial light and warehousing iOrd. No. 90-82.74, 4 2flli. F, 21, 7-26-82) Sec. 24103. OR opeo rural districts. lay Inten( The OR dirtricv arc campoaed of large, open lend areas, public and priests.:; u intended that these dirtricv retain in~ofer as desirable and practical the open character of the land; to that end permitted urp arc basically limited to conservation, recreation, forestp~, _ and rith oernin Ilmitatians d the uses not opnvary W the character of these districts, it ie sntitipated flat eontrolkd growth in the community will be ronsidercd through the planned unit development proWa, (bl Permitted urn Use permitted in these diatricla are a• follows: Ill Agriwlturo, horticulture and forestry, a:cludiag the karying and raising of farm animals and poulvy; f2) Game prateren, wikBita tnaoagsment, avatar sheds, water resmoiro; 131 Golf eourou, parka, umpgrwnds, recreation areas, playgrounds; f4) Gorarnmsnt buildiop and fadlitw. fc) Urrr ky ernptan In these districts, the uses by exception are u follows: U) Churcbr and eems4riaa; (2) Radio or 4laviaion tronsmittero, antennae, etc.; (3) Airpor4, airparlu, airstrips, and-airfields; fQ Rifle, shotgun, or pistol rhaoring ranges, field archery nngn, golf driving range. fdl Minimum bt or rite nquvrmenfa The minimum Im or site reyuircmenta for these disvie4 an u folb.ro: (U Lot or site am: Not appiiuble; i Sapp. NO.t 1434 4 2{62 ATLANTIC BEACH CODS a. Show that the planning agenry hm studied end considered the need and justifi- ntion for the change; b. Indicate the rcletienahip of the proposed raoning to the comprehensive plan for the city end whether the proposed change will further the purpose of the plan Wing Program: and c. Be submitted to the city ommmission in not more than sixty (80) days from the date • canpleled sPpligtion !or the rezoning ie filed. 41 The city conwiaion shell review the rcommendatioa made by the planning agency and hold ^ public hearing, with due notire, to coaider the request. (5) It aha116e the rapomibility of the administrtive oliicial m give due public notice of both Planning agency and city commission public hearings, (8) Following the public hearings, the city rommiaion, by ordinance, may change the caning chuditcatkn ~ said petitioner, or it loay deny tbs petition. In the case of denral, the c)ty commiaion shall LbereaRer take no further action on another appli- ration for snb.e.ntiauy the a~ p~l• m the aama Premises, until after twelve (12) months from the data of the tat aich disapproval, (Ord Ne. (t8-82-7{. f 24II. C. 2), 7.2682; Ord Na 40d7A8, 1 IV 627A3) Sae. !{O. ih!s M QesMtaa. The folbwlog steps are to ba followed to rqudt a ua bl s+zwptioa fl) All appliutioa shall he filed with the administrative official on the proper form furnished by the administrative official, and aid application shall only be accepted when filed by the owner of the property under consideration or his authorized agent or attorney. 12) The aPPlialion submitted shall include the following information: a. An adequate legal description of the premises as to which the use by exception is requested; - b. The names end addresses of the owner or tenants in possession of the premises; c. A dewription of the use by exception desired, which shall specifically and panic ularly describe the type, cherecter and extent of the proposed use by exception: d. The reason for requesting the use by exception; e. The signature of the owner or the owner's authorized agent or attorney, includ~ ing a copy of the agency agreement or written consent of the owner. f Payment of the official filing fee a set by the city commission. f3) ARer the administrative oRcial ha received the request, the request will be placed on the agenda of the next meeting of the planning agenry Icommuni!y development boerdl which will meet the time limit required by the planning agency. The planning agency shall study each requeu for use by exception, conduct a public hearing alter due public notice, and make a written rceommendetion to the city commixsion. The Sapp. No. S 1128 ZONING AND SUBDNLSION REGULATIONS 4 2462 (51) percent ar mors d the area involved in s proposed district boundary change, or the edministratlva allltial. ford. No. gO-gS-74, f 2(ID, C, 1), T•2&82) Sec. t4Ai CAtagin[wdng dasfecatlon. The following steps are to h foDowed to roqussl • change in inning claseifiution: (1) All a)rplitations shall 6e Sled with the edminietrative official on the proper form furnished M the administrative oRteisl. (2) 7tte appliation submitted shall ix1uM the following information: a. The legal deeciptiom, inluding the lot sod block numbers, d the property to be rezoned: b. The name and addrern d all owners d [he subject property; c. E:fisting and proposed tuning cleaaJntiom d the Property: d. A statement dthe petitioner's interest in the property to be rezoned, including a tapy d the lest recorded werrsnty deed; end; 1. If joint and several ownership, s written consent, to the rezoning petition, by all owners d retard; or 2. It s nntutt purchase, a copy of the purchase contract end written nnnent of the seller/owner; or t 3. Yen authorized agent, s npy d the sgenry agreement or written uneent of the prineipaVownar, ar 4. U a corporation or other basins emti[y the Dame d the oRcer or permn responsible for lbe eppliution and written proof that said representative has the delegatsd authority to represent the corporation or other busineu entity, ar in lieu thered, written prod that the person fie, in fact, sn officer of the eorporatbn; or 5. If s group d contiguous property owners, the ownn d et least filly (501 psrcen[ dthe property desvibed in the petition must provide written consent. e. A cempkde lirt d ell property owners, mailing addresen and legal descriptions for all property within three hundred (300) feet d the subject parcel ee recorded in the 4test official te: roW in the twnty courthouse; f A satement d special rsamn for the retuning as requested: g. Payment d the ollicia161ing fee u set by the city cemmiseion; h. The tigriaturo d each end every owner d the Iande. (3) After the administative oRieisl has received the request, the request will be placed on the tgemda d the Wert meeting d the Planning agency, provided that the request u Waived at Isast thirty (30) days prig to the meeting. The planning agenry shall study euh requst for ramming, conduct • public hearing after due public ndice, end make a written recommendation to the city tommiesion. The written report and reeommsndation shell: tiiP tie i 1175 ~,. ,' R/O RL R/O R P/ Y W 5 U Sv ~RL 1[1441L IM[ R/O ~ i\1V ~u PA9R ... :. ,_ . ____. TT i .- I < 2 ~F o XIS :~,tE :.~ ~_~ ~f~ ..r ,,~ , .~ ~~ RS 2 ,... c~Tr cm ~, O J .~ _. t i ~ '; -1 _ ~T < {` ., ~ -- 1 . L-i ~, ~t~r- ~- ~~sl t _ _.~ . I ~- ,,, I .s ..~. I 1 ~ t f ~~ 1 \~ ~ ~MNU ~au~ u .. , ~ { R S 2 ~ .)\ '. : '~ ,~ ~ ~~ , , . ;, ~ . , ` . . - ~~ ~ ~ ~ ~ ~~ 1 and conservation uses. The land was zoned OR at [he time of acquisition by the current owner. There are no findings-of-Pact required by the Zoning Code to permit a rezoning except for compatibility with the Comprehensive plan. Certainly, in addition, it would be reasonable and prudent for the Community Development Board to consider the benefits and detriments to the nearby property owners, as well as to the public at large, oP such a rezoning. Should Che Board determine that a benefit to the city will accrue from the proposed rezoning, a careful consideration should be given to the proposed donation of the wetland property to the City for green space or park use. hGENDA ITEM: t4a Application for Variance to allow structural addition tc an existing nonconforming building at 31 Royal Palm Drive. The applicant desires Lo construct a canopy/porch and facade addition to this commercial building. The proposed addition will be to the front (west), north side, and rear of the building which currently does not meet the minimum side yard setback on the south aide or the rear yard setback on the east side. The addition will structurallq alter the building to cover a larger area of land. This requires a Variance under section 24-85(x)(1), This building predates the current setback requirements of the city. The proposed addition will not encroach further into the setbacks then the existing building. The overall appearance of the building will be improved by the addition. The property owner suffers a hardship in that the building is nonconforming by no action of hie own. RECOMMENDATION: Stuff recommends Aooroval based oon• 1) Special conditions exist which are peculiar to the land. 2) The conditions do not result from the actions of the applicant. 3) A literal interpretation would deprive the applicant of a right commonly enjoyed by other properties in the district. 4) Granting this variance will not confer a special privilege on the applicant. 5) The requested variance is the minimum needed. 6) The request is in harmony with the intent of the code. 7) The request is not detrimental or injurious to the public welfare. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 20, 1994 AGENDA ITEM: t 3a Request Cor rezoning of 3.07 acres of OR, Open Rural zoned property to RS-1, Residential Single-family, to permit the construction of six houses. A 4.06 acre tract of predominantly wetlands property to be donated to the City. The property in question is currently zoned Open Rural which does not permit residential development. The proposed rezoning will effect 3.07 acres of a 7.13 acre tract. The applicants propose Co donate the remaining 4.06 ec res Co the City of Atlantic Beech for conservation/buffering use. The overall tract contains a large area of jurisdictional wetlands which cannot be encroached without state permitting. The area proposed to be donated to the city is predominantly within the jurisdictional wetlands. The proposed six lots each appear to contain suCf icient uplands eren to permit the construction of single-Yamily homes in compliance with existing RS-1 zoning setback and land area requirements. Adequate access can be provided to the lots and utilities are available in the area. Permits from the Army Corp of Engineers and the State Department of Environmental Protection will ~Ox be required provided that the fill and construction are contained within the upland portions of the proposed lots. Both agencies advised Staff that they would perform inspections of the sites during construction to ensure that the adjacent wetlands are protected. During the Subdlviaion process, which will occur subsequent to the rezoning, the City Cosmisaion may apply conditions related to the size, placement and design of the buildings on the proposed lots. Both reeulntory agencies o e w Neither agency felt that the wetlands would be severely damaged it the above protection is implemented. Strictly based upon the requirements of the RS-1 district requirements this proposed rezoning would be reasonable and in compliance with the Future Land Uae Map in the Comprehensive Plan. The lend proposed to be donated to the city is mostly wetlands which ee rve sn environmental function which may be better protected under cit3' ownership than in private hands. Please understand that the current zoning designation of the entire tract mskes it useful only Por open space, recreational DRAFT COPY Nrs. Pillswre •:pressed her aoneeras oPer propertt owners and PUD and other h~oa qy di~triats~ss rpatdiaq restrtatioas between propertt with lSeld personnel who~i: stated she had walked the greatest potential use could be for reere~~o ~jt the Dropectt•e Mrs. Nalker a ~ Purposes, felt that it is greed that green space needed to be toward the future dart of the C~usitl Develo protected but growtA and develo sad uphold the C°mprehensi~apl~q regarding voting with the Pee°t' ehe felt that she could probably sot be aioritl. Mrs. Oregq stated her opposition to the because of drainage problew during rain flooded, re=Doing maiall t seasons sad homes being The Chairman expressed his concern foz home owaera in as well as the owners' rights to request the resoaia that Atlantic eeaah defiaitell Headed more the area additional green s sae, Open Rurulgaoningfand p Ne expressed his dissapolatmeat is the yoveramin! corks aqd te~eit repr ~entedta Dreakdo rdia the sTStem~ The Chairman salted fer a vote on the swtioa to the city casaiasion that the propertt not M resosed bt S ales from Ruth Or tecosnuued to Simpkins sad Don ttolfaongagndMjrk MCOOwan, pat pill and it passed as fr more. 8harette Thereafter, Mrs. l om Matl Nalker. City Commission consi Pillawre moved to further recaa~ead that the for additional der the poasibilitl o! acquiria motion passed y ee° space, Mrs. Oregg second g the propertt Pillmore, ! a 3 aces from Ruth Or ed the motion sad the Sharetta Simpkins and Don Nolfso~g sad lk Mc6oraa, pat Walker. eat from Mart NEw BUSINB33: r <.. DRAFT COPY !rank Thrower and Jim Lucas, on Debalf of Barbour Springs Dsvelopamni, Inc., Introduced themselves to the board and presented a drarinq and descriptloa of the proposed reaoninq. They stated the proposed construction could be moniterad Dy state engineers and regulatory agencies to ensure that the retl uda rere preserved and protected. Mr. Morley stated that the Aa had contacted both the State and Army Corp of Bnglneets regarding the ~utisdlctional ptoceduce they follor on construction In as upland area adjacent to wetlands. Both agencies perform inspectSou ud it Is the devslopero• responsibility to alert them upon cosmencewent of construction. Mz Nozley explained that Sslva Liaksida sad Belva Lakes subdivisions were zoned Open Rural at one time and it was acceptable to request rezoning for properties. Be stated that the City is looking into protecting the zemainiaq properties zoned Open Rural and looking into the possibility of purcbaslnq properties for additional green space to be used as parklands. Mrs. Nalker reseed the quution of the differnece Sn the POD 2oninq and RS-1 Soainq. The Chairman explained that the pUD z oninq requirements rere much more stringent than the A8-1 2oainq. Responding to questions from the Chairman, Mr. MacDOnnell related tba history of the zoning of the property as cell as a sign that had bean mentioned by carious residents indicating the property would reamin undeveloped. Be stated that one of the first potential purchasers o! the property, Dave Nilson of Oniversal Builders, dulgned and ereeteA the sign, hoverer, Mr. Nilson did not follow through rlth the purchue the property. Mt. NaeDonnell stated ha had nothing to do with the design or the construction of the sign and had never told anyone tba property would never be built upon. regarding thelappllcatiosed The boards c uld rec aoanend zto tbetCity Commission that they sot ru one the property, they could recommend that they do rezone the property sad accept the donation of the wetland arena for use by the City as parklands or recommend that the city Commission accept the rezoning and not take the wetland property. Mr. McOoran related to the board his understanding of Open Rural 2oninq and that iE the property was ruoaed there were apparently sufficient uplands, but dust because land was buildable it did not necessarily amen it should be built upon. Mr. McOOran moved to recoaaoend to the City Coaission that the property not ba rezoned and Mcs. Cregq seconded the motion. DRAFT COPY MINUTES OP THE COMMUNITY DEVELOPMENT BOARD OP THE CITT OP ATLANTIC H611CH, ILORIDA 6EnolBER 20, 1f 94 7:00 P.M. CIT! HALL PRESEIIT Doa Nolfaoa Pat Pillmore Mary Nalker Sharett• Simpkins Mark McGowan Ruth 6regq AND George No[ley, II, CD Director Alan 0. Jensen, City Attorney Pat Harris, Recording Secretary ABSENT Robert Prohwain Chairman Don Nolfson called the meeting to order and asked foc approval of the minutes from the meetlnq of August 16, 1994. Upon motion duly made and seconded the minutea war• approved. OLD BUSINESS: I. Application for Change in Zoning Classification filed by Selva Linkside Partnership for 7.13 acres located in Selva Linkside, 4.06 acres to remain Boned OR, Open Rural, and De deeded to the City of Atlantic Beach, sad the resmiaiaq 3.07 acres to be resoned to RS-1, Resideatlal 81ag1• Pamily, to ^llow for 6 lots along Linkside Drive. June Norris, President of Selva Linkside Phase ~1 Nomeownera Aaaoclation, introduced 6erselE sad reported that she had taken a survey of the 6omeoraers association members and out of 71 homeowners she received 23 replies. Sl:teen were opposed to the change in the soninq sad 15 of those were told that the property would never be developed. The majority of the 23 replies were not desirous of acquiring the property. The remaining replies felt that the resoniaq was inevitable. Residents, Darbar• Domar, Pater Pantegrossi, Noel Surns, George Ginsburg, Ms. Testier, Roy Lundquist, Ana Nheeler, Ray Lawson and Patricia Lundquist introduced thssuelves and stated their opposition to the resoniaq. They stated they had been assured by the developers and the City of Atlantic Neacb that the property could never be built upon. Most zesldeat• were concerned with environmental protection tad drainage problems. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 15, 1994 AGEN Dq ITEM: • 3a Request for rezoning of 3.07 acres of OR, Open Rural zoned property to RS-1, Residential Single-family, to permit the construction of six houses. A 4.06 acre tract of predominantly wetlands property Lo be donated to the City. The property in question is currently Zoned Open Rural which does not permit residential development. The proposed rezoning will ePPect 3.07 acres of a 7.13 acre tract. The applicants propose to donate the remaining 4.06 acres to the City of Atlantic Beech for conservation/buffering use. The overall tract contains a large area of jurisdictional wetlands which cannot be encroached without state permitting. The area Proposed to be donated to the city is predominantly within the jurisdictional wetlenda. The proposed six lots each appear to contain sufficient uplands area to permit the construction of single-family homes in compliance with existing RS-1 zoning setback and land area requi rementa. Adequate access can be provided to the lots end utilities are available in the area. State permitting will probably be required due to the proximity to wetlands. During the Subdivision process, which will occur subsequent to the rezoning, the City Commission may apply conditions related to the size, placement and design of the buildings on the proposed lots. Through those conditions the city can help assure that the new houses will generally conform to the existing aesthetic values of the community. Strictly based upon the requirements of the RS-1 district requirements this proposed rezoning would be reasonable. Other issues, however, need to be addressed. The land to be donated to the city is mostly wetlenda with little real estate value, presently. These lends do, however, serve en environmental function which may be better protected under city ownership than ir, private hands. The difficult process of obtaining fill permits should in no way be viewed as a safeguard against future development of those areas, should they remain privately owned. As land values in the city continue to inc rases, the posai bility that a developer would undertake the permitting process also increases. The other aide of the above argument is that the current zoning designs[ion of the entire tract makes it useful only for open space, recreational and conservation uses. The trade-off as proposed is that the City gives up the conservation designation of 3.07 acres for the owns rahip and thus greater controls c g~hew rofm Fing q,06 acres. Staff r commends s thorou h oast' end nSBatt a as t of his r Louis Nac[Gomell, one of the partners of Belva Linkside Partnership, iatrodnaed hisrelf to the board and recounted the 6istor~ o! the propertt is question. He presented a copy of the deed to the yropertF. Ths Chairman asked Mrs. Morris, president of Bslva Linkside phase One Owners' Asweiatioa, if they desired to purchase the property and suggested that the asaocialim check into that possibility. After further discwaloa, Mrs. Pillmore moved to defer action on the application to allow the board to sake • more informed decialoa. Mrs. Nalker seconded the motion and the application vas unaaimowlf defected to the neat regularlF scheduled aretinq. The Chsicamn presented ^ letter he drafted to the CitT Co~mission a:pressing the Doard's Satention to become more proactive in the future. Mrs. Pillmor• moved to raco_end to the CSt7 Cowaissioa that a reprasaatative for the City attend the upeomiaq conference boated b7 Florida Coastal Managea~snt progro regarding eoutal eossmmity revitalisation, etc. Mrs. 6regq seconded the motion sad stated that the City Manager wwll~ attends the conference. After diaowsim the motion was uwnimowlF posed. There being no turtber bwiness to cave before the Doard o0 motien dull made the meeting was adjourned. BIgIfED• ATTBBT: CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY _......_ ~~ ._ ~_ ~._ _._ Loui^ NacDOmell, one of the partner of S•lva Liofathe Partnership, introduced in ~~~tion tbHe pc aenC~ aecop7t~ the histor7 of the properi7 deed to the propert7. The Cbairmaa asked Mrs. Mor'f•th~fed~ iced to purchasesthe phase One wader s'ug9 steel tithe! the association cheek into prepert7 that possibilit7. lifter further disewaion, Mrs. Pillmors moved to defer action on the application to alloy the board to arke • m iieation~• decision. Mdefsrred to th~ needat re9ularolTa~ heduledpawetiny. unanimow I7 the Chairman Presenbed boa d'steintentionft~ beeaae amore Coamission eaPressinp proactive in the future. eeion that Mrs. Pillmore moved to reeo.oend to ardinpteoasotal oo~"nit7 a representative for the Citlt P~o9[a h [W oomin9 conference hosted b7 plorida Coast:tc an Mr°s° 6ra99 a°eondad th° emotion and stat°d revitalisation, that the Cit7 Manager wuall7 attends the con °TjpC°. >tENr discwsion tM motion was unanisawl7 Dus~• motsmhdul7 MiaO thefmaetin9 Mae :dio~m~ ~ fora the board on SIfil1ID ]1TTBBT MINUTES OP TRH CONMORITY DHVELOPMSN? BOARD OP THH CITY OF ATLANTIC BGCe, lLORIDA AUWBT 16, 199 7:00 P.M. CITY AALL PRESHNT Don Noltaon Pat Pillmore Robert Prohxein Mary Balker 8harette Simpkins Mark Mc0owan Ruth 6regq AND George Morley, II, CD Director ABSHNT Alan C. Jenson, City Attorney Chairman Doa Nolfaon called the meeting to order end asked for spproval of the minutes from the meeting of July 19, 199. Upon motion duly made end seconded the minutes were approved. I. Application for Change in Zoaiaq Classifieati on filed by Selva Liakside Partnership for 7.13 acres located in Selva Linkaide, 4.06 acres to remain zoned OR, Open Rural, and be deeded to the City of Atlantic Beach, and the remaining 3.07 acres to be rezoned to RS-1, Residential Single lamily, to allow for 6 lots along Liakside Drive. Jim Lucas, on behalf of Aarbour Bpringe Development, Inc., introduced himself to the board and presented a drawing and deacrSption of the proposed rezoning. Re answered questions regarding the protection of the wetlsnda sad drainage. Prank Thrower, also representing Aarbour Springs Development, introduced himself to the board and stated he would be glad to answer any questions concerning the proposed development. Reaidenta, David Thompson, Robin Perry, Pater Pantegrosai, Noel Burns, Roy Lundquist, Ted Aauaer, Victoria Bichof, Hd Krippner, Robert Oranacher, Kay Lavaon and Barbara Bonner introduced themaelvea and stated their opposition to the rezoning. They stated tbat they had been assured by the developers and the City of Atlantic Beach that the property could never be built upon. Most reaidenta were concerned with environmental protection and drainage problems. The Chairman advised the persons Present that the Community Development Board is a board of recommendation and that the City Commission will make the ultimate decision regarding the proposed rezoning. MNVY S'~~r 1 II-T'Y ~~ ~OlClpp ON i4A101 Two ~~~ ~( T U 2 F- W a yy R W Q Q yU' n ~~~ ~ $ ¢oo ono i n 8 _ N M co ~ n 0¢= A~ h a o = o ~ZZw ~~ S 8 O 6N~ W O ~~ZCp O (.!Z g <W~Z W F N m? Z W W< m ~ Q ~W ~N Op WOffO~n~ z ~oot~i~~~WwWa~~' ~ Z r-F-v<aao~~ < ~. 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Arf•LSCATIOq ION CNANO! 2N NONINO Dste Il1N/___i/ff/t/ OLANNIFICAf20N •~ • `~; _ , • ~~'1 1991 N.tte end eddteea of ell oraera et !be aYb~eot prepertrt sti •rl..r. _ ~ t Arne ___r/• • Neae '--116ta-2lYalul reek pNewe • ~Ilow -- York wYalvlelee alMtA•eeel deeerlpllen, AtwlYGlpp the lot. blook end Preperl~ to M n'asowedt ~et~eM/ Preeeet teoniM e! prepert~ tar • ~ _r eleeeltleettee 1. retYeatedt •rblob ebenee of soninD profteaed eealtp eleeeltlwtiont we>• ~ . A /TATCIICNT O- TpN ftTITIONCN•1'INTNNN/T SN TNC -NOrCNTT TO BC NNlONNP. iNCLONItfO A CbPT 0/ TYL LAST NyppNp~ YANNANTT DCCD! AYDt It )etet o ~ uml~:ratlp• a eslttea eoeeent, to the reeonlnD PetitlM, NPf et tM PYrebeee I O1' u • aoetreot pYrebeee, e seller/ereer/ er Lt ew eesatt'Nt tlat rrltten aeeeent o! the eDreeyet er rrlttee tMrioe/ eNeat• a oopt et the epenar aorperellow er other ~ tot tke Prlaelpel ornerf er i! • Mrtww teeNneible for loess eatly. ,the eetle of the oltloer or repceaentetlre bu t4e ePPllaetlea aed rrlttee praoZ thet eeld wrPeretlM er ether beaseNe Mat ~elbesitF to repreeeet, the Prest tbet tM peraee la. la feet ~• es ~~ ~tMreot rrlltee 1ewn~ a Nt'aap ~ ~t1MYeYe • Y at! the aerposetlonf euet t/ttr tflef Per'eewt et the PtepertT fMeerlbed teethe et et~ prorlde rsittea eaaaeett Petition 1~'~ ~~ti A etetettent et eMalel t'eeaeaa t •• .' • c... ~~.--'-- _ _ _ a; the treaealn4 e~ +'e9Yeetedt . M D}~cn. J.~7 ~_ _---_- -~ ~ . - .. ~n.at..: '. . 'V. .. ... ..._~.~L' NOTICE INFORMATION WAS OBSCURED ON THE ORIGINAL PHOTOCOPY OF TIE FOLLOWING IMAGE(S) ITIICRO The Informatlon and Image Managers ~~4-- V r` uiv ~ RS 2 t Ii .?' -1 ~ RS-l ~± -~ cm ', 4:1_ ~+_a_ i T~ s -- 1 { '~~~_ tier - ~~l hMr r (~ ~ I roi,. ru s. ~ ~l 'i ~~.,~ ~ ~ f ~ T- t•~rrr t.~rr~ r err r~~~ \1 ~ ~ ~ I ~I • ~ ~~ r ~r } ~ ~~ 4 1 _ _~ ` ~ } ~ stir .` ;: 1 ~ ; ~ ~`~ •, a~ "~ i ~ '~. ,~ jp ~ 1 .. ~ /~ i . ~ SECTION 3. This Ordinance shall become effective immediately upon final passage. PASSBD BY THE CITY COMMISSION ON FIRST READING: PASSED BY TAE CITY COMMISSION ON SECOND READING: ATTEST: Lyman Fletcher, Mayor Maureen Ring, City Clerk Approved sa to Fors and Correctness: Alan 0. Jensen, Hsquire City Attorney ORDINANCE N0.90-94-162 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS PART OF LOTS 2 AND 3, SECTION 16, AND LOTS 1 AND 5, SECTION 17, ALSO KNOWN AS REt 172027-0100, FROM OR, OPEN RURAL TO RS-1 SINGLE FAMILY RESIDENTIAL; AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING POR AN EFFECTIVE DATE. WHEREAS, The Community Development Board of the City of Atlantic Beach has held a Public Hearing on and considered a request to change a zoning classification for certain parcels of land submitted by the owners of said parcels, and, WHEREAS, The below described parcels are proposed for the purpose of the coaetruction of six Single-family homes, and, WHEREAS, The City Commission has determined that the rezoning will not adversely effect the health and safety of the residents of the area, and will not be detrimental to the natural environment or to the use or development of the adjacent properties in the general vicinity, and is in compliance with the adopted Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OP THE CITY OP ATLANTIC BEACH, FLORIDA: SECTION 1. Tha Zoning Nap of the City of Atlantic Beach ie hereby chnnged to reflect the new zoning of property described as part of Lota 2 and 3, Section 16, and part of Lots 1 and 5, Section 17, also known sa RE• 172027-0100, ae designated on the attached map, ae RS-1 Single-family Residential. SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect Lhe validity of Lhe remaining portions of this Ordinance. The land proposed to be donated to the city is mostly wetlands which serve some environmental function. This function may be better protected under city ownership Lhan in private hands due to the potential for future rezoning and fill permitting. The current zoning designation of the entire tract, OR, Open Rural, makes it useful only for open apace, recreational end conservation uses. The land was zoned OR at the time of acquisition by the current owner. There are no findings-of-fact required by the Zoning Code to permit a rezoning except for a determinaticn of need or other justification for the rezoning and a finding that the rezoning is compatible with the Comprehensive Plan. RECOMMENDATION: The Community Development Board considered the benefits and detriments to the nearbq property owners, as well as to the citizens at large, of such a rezoning and recommended 5 - I against the proposed rezoning. The Board also recommended 5 - 1 that the City Commission study the possibility of acquiring the property for conservation use. ATTACHMENTS: 1) Application for rezoning with attached map. 2) Hinutea of the August Community Development Board meeting, 3) Copy of the August Staff Report to the CDB. 4) Minutes of the September Community Development Board meeting. 5) Copy of the September Staff Report tc the CDA. 6) Copy of the current Zoning Map. 7) Copy of Lhe Future Land Use Map frog. the Comprehensive Plan. r /J REVIEWED BY CITY MANAGER 1. ~l,r /ii~~ AGENDA ITEM NO. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Requested rezoning of land east of Sevla Linkside SUBMITTED BY: George Worley, Community Development Director ~Y F )a~- DATE: October 3, 1994 [C~ BACKGROUND: The property in question is currently zoned Open Rural which does not permit residential development. The proposed rezoning will effect 3.07 acres of a 7.13 acre tract. The xppl icants propose to donate the remaining 4.06 acres to the City of Atlantic Beach for conservation/bnffe ring use. The overall tract contains a large area of ,jurisdictional wetlands which cannot be encroached without stale pe emitting. The area proposed to be donated to the city is predominantly within the jurisdictional wetlands. The proposed six lots each appear to contain sufficient uplands area to permit the construction of single-Gamily homes in compliance with existing RS-I zoning setback and land area requirements. Some of the required setbacks for most of the lots would fall within the jurisdictional wetlands. Adequate access can be provided to the lots and utilities are available. Permits from the Army Corp of Engineers and the State Department of Environmental Pro t.ection will not be required provided that the fill and construction are contained within the upland portions of the proposed lots. Both agencies advised Staff that they would perform inspections of the sites during construction to ensure that the adjacent wetlands are protected. During the Subdivision process, which must occur subsequent to the rezoning, the City Commission may apply conditions related to the size, placement and design of the buildings on the proposed lots. Qoth re~ulatorv aRercies p~e_r ty__owners oi" thei r_ limitations. Neither agency Celt that the wetlands would 6e severelc damaged if the above protection is impleme r.ted. Strictly based upon the require menu of the RS-1 distric± requirements this proposed rezoning would be reasonable and as seen from the attached copy oC the Future Land Use Map, it would be in compliance with the adopted Comprehensive Plan. ~C~n„ •- ~ Page Tvo Resolution No. 49-50 ADOPTED by the City Commission of Atlaotlc Beach, Florida, this day of 1994. Lymao T. Pletcher Mayor/Presiding Officer Approved ae to form and correctness: Alan C. Jensen, Eaqulre City Attorney A T T E B T: Maureen Ring, CMC ~._~+;f .~.,-'its-~+l.{ss~ RESOLUTION N0. 94-50 A RESOLUTION OF THE CITY OF ATLANTIC BEACN, FLORIDA ENDORSING THE CONCEPT AND AUTHORIZING FURTHER INVESTIGATION INTO THE FEASIBILITY OF CONSTRUCTING A WORLD GLASS AQUATIC CENTER LOCATED IN JACKSONYILLE BEACH, FLORIDA AND PROVIDING AN EFFECTIVE DATE. WNEREAS, the Aclantic Beach City Commission has been Snvolved vich Che concept of constructing a World Class Aquatic Center through Sts agreement to partially fund a feasibility study for the same dating back to June 26, 1989, and WHEREAS, the Ci[y Commission of Atlantic Beach has received updated information including the offer of Che City of Jacksonville Beach to pzovide land for the proposed Aquatic Center, and WHEREAS, it is understood by the Ci[y Commission of Atlantic Beach that such an undertaking requires a cooperative effort of many entities and organizations to succeed in such an enterprise. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida as follova: SECTION 1. The City Commission endorses the concept of invescigating the feasibility of constructing a World Class Aquatic Center on prcpercy offered by the City of Jacksonville Beath, Florida. SECTION 2. The City Commission of the City of Atlantic Beach further agrees to further study the development of this concept in cooperation with the ocher political subdivisions and private interests. SECTION 3. The Aclantic Beach City Commission offers [o meet with the other political subdivisions and private interests as yell as direct staff to assist in this endeavor as a means to promo lgace the conceptual feasibility of constructing the World Class Aquatic Center. SECTION 4. This resolution shall cake effect immediately anon its final passage and adoption. ~ 6, Page 2 - Attachment A cTORM WATER htACTF.R PLAN RECOMMENDED CC PTT 1. AHERN TO 2ND ST.~SALTADl S 2&1,227 {Sbl-A & SM-D) 2. THDU) TO 5TH ST. 773,951 (SM-B) ~7'~ 3. 6TH TO 8TH ST. (SM-C) 1'071'423 4. PLAZA TO 11TH ST. (sM-E) 980 193 5. 11TH. ST. TO CLUB DR , (SM-F) 6. CLUB DR TO SATURIIiA ~'~~ 3u) 111 (1 (SM-G) , , TOTAL ~'1~'~ "Staff recommeudatbn ATTACHMENiA TO RESOLUTION 94-49 FIVE YEAR WATER AND SEWER CAPITAL OUMY ESTIMATE' (All R9venue Comes from Uti9ly Payments) (NO new increase will be proposed to fund these projects) Additbnel Needed Over New (2,000,000 Approved In FY 94/95 Bodget _PRIORITY A WATER CAPITAL OSmAY Maki P~}j@gs_ Water TrunkBLoop 51,250,000 1 Water Main Install. AB 700.000 1 . Oistdb. Sys. Mayport Rd. Bl1C 200.000 2 Water Mains Oak Herb. ~•~ 2 . Land for Water Tower AB 750.000 3 Water Tank AB 375.000 3 . Cdy Meters A8 50.000 4 . Meter Replacements - AB &BUC 206.000 4 . Beach Ave. Water 337.293 5 . Corrosion Redud. WTP1 AB 30.000 6 . Conbrgerwy (10%) 380.029 Subtotal 4,180,322 8. CEWER G-°°ITAL Ol,^r °Y . Sewed pn) qg $00.000 1 Wetwell (add on) 100.000 1 . 0.75 MGD E><pard. BUC 1,115.000 1 . Sewer Main Rehab. A8 2•~•~ 2 . Sewer Main Rehab. Bl1C 600.000 2 . 8uc. Lift Station 120.000 3 . Pads SL lift Station A8 15.000 4 . Stewart SL Lift Station A8 15,000 4 . Beach Ave. Sewer 456.$15 5 . FOroe Mains e< Plant AB 150.000 6 . Contingency (10%) 5T7 632 SuDtdal 8,363_,947 MAJOR WATER d SEWER PROJECTS Tdel f10.534,269 QVIeL Sludge Managemera (Reserve CorrtJ 51.500.000 Buc. GenereMr (W WTP) (ODar'ating) (110.000 Standby Lin sta. Gen. Bl1C (operating) s49,990 ' Estimate based on Stan and Water and Sewer Comrniftae review. RESOLUTION 94-49 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA IDENTIFYING NEEDED WATER, SEWER AND STORM WATER PROJECTS FOR THE REPAIR, EXPANSION AND REPLACEMENT OF THE CITY'S EXISTING SYSTEM. WHEREAS, the recent storm water runoR ov severe) occasions has adversely affected residential and city property in the City of Atlavlk Beach, and WHEREAS, the City of Atlantk Beach has commissioned and received a storm water study [o identify needed storm water drainage improvements within the Cily, and WHEREAS, the need for repairs of the Atlentk Basch Wakr avd Sewer System ere increasing, and WHEREAS, the Cily of Atlavtk Beach's Water and Sewer Committee and Staff have over the past font years MenHfied needed expansion, replaeemevl avd repair oC the City's Water avd Sewer System, and NOW THEREFORE BE IT RESOLVED BY THE CITY COMMLSSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission identifies, prioritizies and reeogaaes the argent nerd for impkmmtation the Bsl of watt, sewer and storm water Projects given in Atmehmevt A of this resolution. SECTION 2. The City Commission desires that the finding o[ these ProPoxd Projects wiB be based on finevcmg whkh wW nse oety the eristivg approved revenue streams avd not new tax or rek hraeases. H funding nunot 6e devekpcd for aB of the projects Idrnti6ed iv Attachment A, the projects will be forded by Pr~tY based on the avaBabk revence. SECTION 3. The City Manager is directed to move forward In inking a Financial advisor for the Commission's selection. The Financial Advisor w111 be responsibk for recommending to the Commission the best way to finance the projetts in Attachment A through lbe City's existing approved revence strew The FiuaveLl Advisor selected wiB, as part of his eontraet wflh the City, receive no financial benefit or profit from any Proposed funding sources related to this contract Adopted by the City Commission of AUavtk Bach this the day of November, 1994 Approved as to form and mrreclness: ATTESTED Alan C. Jensen, City Attorney Lyman T. Fktcha~, Mayor/PresWivg Offker Maureen BJvg, Cky Ckrk ~~ ~: CITY OF ATLANTIC BEA® JOB CLASSIPIGTIOR/GRADE AS SPECIFIED T'HRODII~ MSN PAY PLAN EFPecrlve acmaeQ 1, 1990 Grade 1 (Noc Assigned) trade 2 Receptionist trade 3 Animal Control Officer Customer Services Representative Permits Clerk Records Management Clerk Clezk - PN, AR Sever Grade 4 Communica[iana Tech. Police Records Speciallat Grade 5 Commuaicationa Supervisor Data Entry Clerk Secretary Gzade 7 Accounting Clerk Adminietzative Assistant Adainiatrative Aeeletaat/Peraonnei Tech. Admfaietrative Assistant/Police S FSte ' Grade 8 PSswl Assistant Computer Operator Code Enforcement Officer Grade 9 Purchasing Agent trade 30 (No[ Assigned) Grade 11 Main[. b Sanitation Division Director Police Lieutenant Atcoun[an[ Grade 12 Chief Building Inepec[oi Distribution d Collection Division Director Utility Plant Division Director Parks b Recreation Program Director trade 13 trade t4 Pn ].ice Captain Fire Marshal Grade IS ~~ CI [y Planner pare Chief Grade l6 Piaaoce Director Polite Chief Grade 6 Utility Billing Supervisor Gn,.~Fz rz.- ( Water Plant Superindeaten[) PV Inapeccor/Asst to Director Public Works Director/Engineer .~ tFNal IOIIfEES Hfitln5 7i STEI Ilu f11K 1 2 7 1 S S / t f 11 11 12 13 11 1 a NE II ClISSIFIGTIM 2 {.N f.N i.n 1.11 1.31 7.57 1.1{ ~ l.n 1.23 t./1 1.17 I.n f.r f.N 1 1.12 1.27 1.11 1.{I l.n 1.17 1.% I.t] I.H f.15 f.17 1.11 :/.N 11.7 1 i.a 1.N t.N t.r 1.57 1.11 1.15 f.n f.N f.n 11.if 11.1! 11.a 11.13 S I.n 1.11 I.Q I.n 1.22 !.tl l.it 11.11 11.11 II.N 11.11 I1.N ll.a fi.u { I.N !.L f.a !.K f.fs 11.25 II.K f1.11 II.r 11.57 Il.a 17.71 n.N ]i.a 1 l.fS !.N 71.11 11.N 11.15 13.11 n.ll 13.75 17.11 n./{ n.a U.II II.U ll.a i ll.n 11.U 11.N 11.27 11.N 11.fS 32.% It.a 17.K n.15 U.K 11.77 11.71 15.11 ! 11.11 11.71 11.12 12.11 12.N 12.11 ]7.N 17.71 11.11 1/.N 1/.f1 35.4 15.a 1{.% 11 n.17 17.% t2.i{ n.15 17.N I1.K ll.% ll.t 13.21 15.7 !{.11 16{7 11.15 1/.K u u.n n.a u.n u.n u.c: ts.K usi u.a u.K u.% u.u u.a ns: n.a 1: u.a tl.u n.a u.n uaf tc.r u.r n.r v.n u.n u.n u.l: r.a r.N 17 IS.I{ IS.u lf.a 16.57 11.K I1.S1 It.11 i1.N n.io n.r r.1/ r.a tl.{I n.tf 11 1{.!1 3{.K 11.71 17.a It.U 1l.a If.% r.ll r.il K.% 2i.a r.a r.% 71.N IS II.N 11.21 11.15 1l.n 1f.M r.N 21.11 21.11 Tt.r t3.K 21.1{ 21.17 r.n r.a 1{ 1f.1f 11.K r.ts r.K 71.If R.17 22.)f n.a 21.11 ll.n r.{S r.li 27.21 r.u the monies for this proposal are funded in [he current fiscal year budget, 540,000. Bonuses for emp loyeea will be handled on a department-by-department basis with funding to be taken from the respective department (obviously, ve won't know how many employees are affected until nominated by the department). I believe your approval of the same would go a long way in reaffirming our commitment to [hose employees who have not chosen to formally bargain collectively. I urge your approval and will be happy to answer any of your questions or provide clarifications. Sincerely, ~~/Yh ~_ L~~~%f2t/~"t~/ Kim D. Leinbach City Manager KDL.dst Enclosure cc: Personnel Committee Captain fanpbell CITY OF ~tlartic b'raek - ~lesida see sEwtotF an.D a---______.___ _ AlLAY11C BFXN, FLOa~t 322115a1~ TFLPXO~Y I!N) XFSMO ~` ,. FAx 19M12tYSM5 November 10, 1994 Honorable Hayor City Commission Hembers Atlancic Beach, Florida Dear riayor and City Commission Hembers: Please recall during the last fiscal year a decision vas made to enacc a range plan for all municipal employees. The idea vas to indiczte The starting and ending salaries for each position and strive for increases based upon aval fable funding sources. Subsequently, the Cicy Commission, at impasse, settled with the various collective bargaining un its with the reenactment of a step salary plan. The only exception concerns out non-union, general government employees. In efforts to be fair and uniform, I am herewith urging and recommending that the City Commission adopt a aslary step plan similar to those provided to our collective bargaining units. Attached is the recommended plan as noted above. I[ maintains the same pay range previously eata611ahed, but provides 3R seeps [herein. Por purposes of converting employees into the new step plan for this fiscal year only, Z am recommending first of all, a 2S cost-of -living effective October 1st fo l.loved by placing the non-union employees into that step moat closely refleeting their current rate of pay, but no less than 1R. The net step increase for employees could range from one [a three percent and on the average should be leas than two percent. Additionally, we would like to offer a two percent bonus towards the end of the fiscal year for those employees who have exhibiCed above average performance. This compensation would not affect the pay plan and would be applicable for exemplary pezformar.ce only on the part of employees. I wan[ [o offer the same proposal excepC for [he two percent (2S) bonus to department heads/superviroars as well. Please remember, supervisory personnel did no[ receive any adjustment last year. Upon reviewing the proposal after the Commission workshop held November 7, 1994, [he general employee Personnel Committee has unanimously voted to recommend the same a6 hezein provided inclusive of anniversary dates based upon dace of hire. Again, [his scandardizes pay plena among all employee groups and is fair Sn its applita[ion. ., -- y~ <p 6 \ ~ ¢ F Q WN `yZ~ I ~~ »yNj 'l>. ? 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" m N n N N N O i ~ p W N NQ LL ~ N Q u N Z = r W > ry Y W r r O N p ~ LL z o ~ V N U ~ ~ r ~ O V t J r o r ^ A U u a a '.j Q ~i+ V ~ o a M . ~ O r ~ .. y ~ Q 2 O w A Z H Y Z 6 m N ~1 E_ x z d z r~ V/ P P .A N M K O H u 0 v Z z . i N ~ W Z t O M t M ~ N7 v ' a == ` 6 ___. OW FIO <V :.. :~ < _ 'JLL NO N n N a N lV O[ N o N U w M W h O IL N 2 O~ ^ zee z > OUP O O ~ u u U V Q <Y WW Z t Y e S Y .- F - W K J t F e ~_ i a W `Z I e: a . i . z i N Z W N e J O E 3 0 M O J N O W x W F O z ^ CITY OF ~la+rtie ~iaek - ~le~fa November 9, 1994 Bonorable N,ayor City Commission Members Atlantic Beach. Florida w sam+aE au~m aTiwNrlC arxv, nUa~ RsU3w r~moa~ aen x+~yee rax hw~ isms Dear Mayor and City Commission Members: As per your requeac, please find enclosed a copy of our monthly pension investment report as provided by Sun Bank. If you have aay questions concerning [his Cracsmii[al please advise. S i~nyc7er 1y ,' V~~GWVV i~ D~inbac6 Cicy Manager KDL.dat Enclosure 3 -p- CITY OF ~f J~aetie $iat.(c - 7lerl~(et r ~.m+o:E rnn AiLANIiC ~, nnem. sssu.sus ffliJFl0tR owi rns FAX OMI 2fFlMS Novewber 1, 1994 To: Kiw Leinbach, City Manager Fran: Carl Walker, Beaut ificat iori Coordinator Re: Usage report. Adele 6rage Community Center, October •94 Kiw, here is a breakdown of activity at the Co~ceunity Center for the month of October: GROUP OR EVENT M1®ER OF PEOPLE 7[ OF TOTAL 115E pp Meetings 120 14 ABET draws workshops 74 9 ABET rehearsals 106 13 ABET performances 430 53 Crafts, cribbage, scrabb3e 32 4 Cloisters 14omeowners 35 4 G i R Advisory Boartl 6 ' State Rttorney hearings 44 `-~ TQTRL B47 100 % 3~ ,. ~ QTY OF ATLANTIC BEACH CODE ENFORCOiEIiT ACTIVITY REPORT CODE VIOLATIONS 10-1-94 - 10-31-94 OUS PRESENT M NTR YEAR TO I TE DILAP TED H 1 3 3 BOAT RAI ER 2 1 1 4 24 0 I I Z BL ND 1 0 0 AFETY RD 11 3 3 LICEN ED BUSINESS L I 1 E NT 0 0 0 A E 3 3 ER 3 3 D 1 2 2 ZLL AL DAMA ED 0 6 6 4 5 S VER R V ETAT N 15 ~ 3 3 y 0 4 4 L 55 59 59 ' 10-1-93 to 10-31-94 7F.AP. Tn DATE NON COMPLIANCE-COMPLIANCE ACTIVELY ^F.I NC SOUGHT 63 THER ACTIVITY: Number complaints brought Number Vehicles Im ounded ..................... into Compllance............72 ........................... 1 Code Enforcement Boazd November 3, 1594 Case 10077 1890 Heal Street, Abandoned boat, o en storage Case 50078. 1093 Hibiscus S[ree[, Boats stared in front yard Case 10079 205 Ed ar Street Abandoned boats, cars, junk, trash Case 50080 779 Triton Road, Elec[rit equipment obs[rutting rlgh[ f vay en Ac [ion A ainst 91 Donner Road for Demolition ..... ............. 4,500.00 Sta tistits reflect [he beginning of a nev fiscal year. INFORMATION COMPILED BY DOH FORD AND RARL CR'JNENALD, CODE ENFORCEMENT cITT or ATC~rIC rare CIt! OvrfISSIOr IBtIrC STIrr rQOrT ACLrDA ITQI: Code Enforcement Report for October, 1994 SriII'fTm rT: Don C. Pord DAt[: 11-1-94 6AQCrOpID: October 1994 Code Enforcement Report rLCQrmOATIQt ATTA~TS: RCTIdm rT CIS'I MY~: ! ~ ~ /~ ~A ITmI ~. ~~/ CITY OF f~llawtie 8utek - ~letlda MS~IOI.E RMD ATIA~fI'M aFX.L. Rta~ n2tti5Y5 iHFJIIOf~ aMl 2f1-0NB PAX 1~1 Sf1~iM5 M E M O R A N D U N November 1, 1994 TO: Rim Leinhach, Ci ty Manager ~ J1~ FROM: Don C. Ford, Bui lding Officia YY'X RE: Building Permits J~~ Please be advised t hat the following Permits were issued in the month of October, 19 94: TYPE PERMIT NO .PERMITS PERMIT COST CONST.VALOATION New Single Paau ly 3 8,686.44 294,729 New Dupleaes 2 6,168.00 89,176 New Townhouses Additions/Remodels 6 922.50 113,365 Swimming Pools Commercial/New Commercial/Remodel 1 2,490.00 500,000 Garage/Carports Demolitions (House) Demolitions (Interior) 1 Demolitions (Cosmercial) Sheds Fence 3 30.00 Drivewapa Signs 1 32.00 Tents Trees Otilitiea 10 3,271.58 hells 1 10.00 Roofing 5 112.50 17,950 Miscellaneous permits issued in connect ion with new construction, additions, remodeling, etc: No. of Permits Permits Costa Electrical 34 1,164.70 Plumbing 24 1,038.50 Mechanical 10 451.00 Inspections performed last month: Building Concrete Electrical Plumbing Mechanical Niac. 60 30 44 50 32 8 Occupational License Inspections - 17 INFORMATION COMPILED BY PAT BARRIB - BOILDING DEPARTMENT CITT OP ATWTIC ELA® CITS CE!lQSSI011 1RlIIlIG STAPP f~0E2 ~~ Imo; Building Permits Report Octobet 1994 SERIITT® ES: Don C. Ford EATS: 11/2/94 EAQCROEEE: October 1994 Building Permits Report EEfb~A'IIOE: A1TA~LE: REPILYm EP CZTT MAEAfd: /I~.T-- 1C1~- I!ffi ~. ~. Continued 2. DUCCAIfEER IfTP f3 Mr. Grises reviered a proposal for 68,150.00 for sdditional design •ork. This design work would address several eoncerna raised by the Duval Lounty Public Health Unit (Health snd RehsDllitative Services - HRS) and DEP/OSNA and should be coapleted as part of the Mater Plant f3 iaproveaent project. The proposal rill De recoaaended for approval at the 11/14/94 Coaaission fleeting. RSK/tD cc: All Attendees FILE - 94-MSCR CITY OF /~~~~~ ~ ~~q JQ~QI[l1G ~ ~""""" Uqp ]A~DPIPFR EAtiE ATLA\TIC BF.1G H, iT~Nln~ J3iJJ1H1 __ __ _ - _ -.... _ ... TELFPHOFE 191M1 NL5fl11 i-~ FA% I9a12f1-SN1 Novewber 7, 1994 M E M O R A N D U M TO: Kim D. Leinbach/City Manager FRON: Robert 5. Koeoy/Director of Public Morka RE: MATER AND SEVER COMMITTEE REPORT f22 The Mater and Serer Cowwittee wet on October 27, 1994 and the attendees rare: Lyaan Fletcher, Ji^ Jarboe, Tiv Torneend, Harry McNally, Gordon Griwee, Tow Hark and Bob Koaoy. Items of discussion rare: 1. AB m'P - Tow Hsrk discussed the differences Detreen the proposal of 10/21/94 for 68086.50 Contract Authorization No. 10 wnd the previous Scope of Mork/Manhour and Fee Estivate for 69163.00 to revise the plane rith additive alternates. It rae agreed that ththedCitgnGowwi pion on should proceed, as authorized DY Y 10/24/94, but for the lover figure of 68086.50. Tow rwriered the pwrwitting status and advised that, rouldtattewptnto expeditetthen perwitting proeeee,hey cowwente Prow Mr. Al Bishop, P.E., DEP Tallahassee, woof Antidegradationaand MaterBguality etudiee® concern the 2 BU(tiABEER y7~p 83 - Nr. Gordon Griwes, P.E., Siww Design and Associates, reviered the 100X plane for the rater plant expansion at Assisi Lane. It rae explained that perwif ting costa incresaed eignlf icsntly to 86,000.00, but re have been assured DEP rill recognize the capacity of this plant ae 1.8 NGD instead of 0.8 MGD after construction of the iwprorewenta. Lorreepondence rich the Navy is continuing for authorization to use their property during construction. 3 a- 1 Page 2 AGENDA November 14, 1994 7. New B1laineSS: a. Public hearing on an application for Use by Exception for contractor's office (George Worley) b. Ratification of union contract with public works employees bargaining unit (Kim Leinbach) c. Approval of new pay plan for non-union general employees (Kim Leinbach) d. Approval of contracts for use of city facilities (Kim Leinbach) e. Authorize entering into agreement with Sims Design Consultants, Inc. for additional design work at Water Plant No. 3 on Assisi Lane (Bob Kosoy) f. Approval of Part B through Part D of Gee fi Jenson's proposal dated July 13, 1994, for professional engineering services to complete the master plan for Atlantic Beach Water Distribution System Analysis (bob Kosoy) g. Approval of the recommendation of the City Manager to reorganize the Parks 6 Recreation Department (Kim Leinbach) h. Authorize execution of Contract with Architect Michael Dunlap for professional services in connection with the design of a new activity building in Donner Park (Kim Leinbach) 8. City Manager Reports and/or Correspondence: 9. Reports and/or requests from City Co®isaioners, City Attorney and City Clerk: a. City Attorney to report on his discussions with Alice Richardson relative to proposed property acquisition b. City Attorney to report relative to request for donation to the Beaches Historic Society to offset the cost of constructing a structure to protect the recently restored train engine Adjournment If any person decides to appeal any decision made by the City Commission at this meeting, he will 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. (d) Preparetl Bid Documents and solicited proposals Prom banks for E10,000,000 aonatruntion program aline of credit" loan. Barnett Bank's favorable terms -- superior to any municipal bond possibility -- is 5.35E interest, three years interest only, txelve years amortization. Closing costa only =51,000 (not 3500,000). (e) I¢ antlclDation of nex Atlantic Be ac6 Sewage Treatment Plant, proposals were submitted Dy consulting engineers, evaluated by PuDlie Yorke Staff, and four firma Public Yorke •ahort liat•, xas submitted to the City Commiaaion and to the Utility Committee for interviars and final ranking (March 1993)• (f) Engimeering Piro selected by the City Commiaaion from "aho rt liat• for design of Atla¢tic Beach Sewage Treatment Plant (April 1993). (g) gngineering fee, based on hourly rates times an overhead and profit factor, negotiated with engineering firm. Fee provided for a •not to ezceed• value for the several engineering tacks (May 1993). (h) Bngineering services contract signed by City and engineers (June 1993)- (1) •YOrk Authorization Yo. 5• ezecuted providing for several deelgn efforts for Atlantio Beaah Sewage Treatment Plant; Provided for Dlaae completion by Jan. 28, 199# (September 30, 1993). (3) Ae of January 11, 199#, no deelgn sketches, ¢o soils data, and ao conatruotion ooat data available for reviex (January 199#). (k) Pa rtlally developed Diana and design aketahes reviewed to eliminate (i)•tea-cuD• Brit separators, (ii)coatly reairoulating pampa buildl¢g, (111) ezceaeive •ballaat• concretn, (iv) ozceaaive •Preeboard• concrete on Lanka, (v)ezceaalve aluminum xalk-xay gratings, (vi) ezceaeive sized (200 6.p.) electric motors on air bloxera; now 6-125 h.D• motors, amd, (viii)ezoeaeive moil ezaavation for large Lanka (Marsh, 1Dri1, Xay, sad June 199#). Dela ya 1¢ completion of Diana, reports, eta., and oDtaining DEP permit -- fro^ January 28, 199# through September 28, 199# -- has, at 3.0>: rate of ihflation, reduced the purchasing poxer of the budgeted :#.0 million by =10,000 psr month, or, by =80,000. SUMMARY OF UTILITY SYSTEM DEVELOPMENTS FROM DECEMBEA 1990 TBROUGH SEPTEMBP.R 7994 1. December 1990 -;5,000.000 Boad Issue defeated by City Commission. 2. Four million dollars-plus, utilities systems °cash reserve aecount° -- unknown to City Commission -- diacove red and disclosed to City Commission (December 1990). Aesult: No need to borrow money at high fees with large cash reserves available. 3. Three additional ;5,000,000 Bond Issues received no additional Commission consideration (December 7990). 4. Yater and Sewer Ctility Committee eatabliahed Sa January 1991 by Nayor Gulliford and the City Commlasioa (January 1997), 5. Otility Committee created a schedule of needed repairs, replacements sad additions to the Atlantic Beach, the Buocaaeer, and the Oak 8arbor utility systems (Peb. 7997), 6. Termination of 27-atom, long-term, ;2,500,000 fees, engineering contract (Feb. 7gg7), 7. Early accompliahmenta Secluded: (a) Conatrueted Buccaneer STP •SUrge Tanks. (D) Conatrueted Seminole Road Litt Station. (c) Iooompllahed land purebaee for Buccaneer STP. (d) Conatrueted Mayport Road Yater Nain Intereonaeatloa. (e) Conatrueted new Atlahtlc Beach Yater Plant /1, and, Saprovements to Atlantic Beaoh Yater Plant /2. (P) Conatrueted repleaement of old aaina and eater ae rvlcea Ia older areas oP Atlantic Beaoh. 8. Additional aocompliehmenta Snaluded: (a) Evaluatlon oP •weter pumped• va. •watar aold• atatua of ltlaatic Beach Yater System. (b) Evaluatlon oY seater pumped• va a:Dens +aevage treated• atatua of Atlantic Beaoh Yeatevater System. (c) Evaluation of eater and sever aervlce rates and establishment of across-the-board rate equalization and annual stepped rate isoreaaea to cover coast ruction loan pa ymenta and inflationary Pactora. Ia my opinion, a Pour million dollar Dublic project that to eight months behind schedule sad is estimated to be a ^illioa dollars over budget is not is the public interest. Full City Commission attention to this ^a,jor problem is varraated. Additioaall y, recent efforts by those is leadership to obligate the eltSzeaa to a acv =20,000,000 Yater and Sever Otility Bond Iaeue Sa as unwise and unwarranted adventure is tleoal waatePulneaa. Por reasons stated 6erela, sad others, I herewith submit my realgaation from the Atlantic Beach Yater and Sewar Ytility Cou ittee. I respectfully request that ay renigaation be effective upon receipt oP this letter. Re amp/je/~~c/t PU/l~Jl y, lleyh Y. Potts Attach: SOMMABS OP OTILITY SISTBy DBVBLOPyBYTS DBCBMBEB 1990 THBOOGH SBPTBNBBR 1994. oo: Ma. Adelaide Tuoker yr. Glema Edwards yr. Yilliam Gulliford C ~~~t.rtL~ i0~~?~~~~ ALAN M. POTTER, SR. 37L Second Street CERTIFIED MAIL N0. P334 927 202 Atlantic Beach, FL 32233 RETUAN RECEIPT REQUESTED October 18, 1994 City of ltlantic Beach 800 Seminole Road ltlantic Beach, Plorida 32233 ATTN: Mr. Lyman T. Fletcher, Nayor-Commissioner Mrs. Suzanne Shaughnessy, Commissioner Mr. J. Dezmoad Yatera, III, Commissioner Nr. RoDert G. Yeias, Jr., Commissioner Mr. Steve Rosenbloom, Commissioner Ae: Water and Sever Otility Committee Dear Commibaionera: Each of you is axare that I have served on the Yater sad Sever Otillty Committee since Stn origination in January 1991. Iddit tonally, I vorlced to provide information and xell intentioned advice to the City Cosminaloaera during the final three months oP 1990. The confidence expressed by tbone Commlaeionere, for a period of three yearn, Sa ^y experience, Sn my ~udgemeat, and in ^y positive purposes, Sa greatly appreciated. Additionally, the confidence expreened by a majority of the present Commiaaionera Se also appreciated. The many issues that have arisen over the peat ten months concerning the lack of grog reae, the over-budget design features, and the over-budget coat estimates are, is ^y opinion, contrary to the beat Snterente of the citizens of Atlantic Beach. Further, the disputed issues Gave re salted in an erosion of respect directed tovard me and have resulted Sn my correaponding loan of confidence Sn those persona closely eseoclatad vitb the proposed nev xastexater treatment plant. SH 2 OF 2 Continued We also Seel that bide should be taken on the Pleze project prior to tloing 9th Street to detereine ii any Sunda rveein that could be used in the event of cost overruns on the 9th Street project. 8EC0®EI[DATIOII: ATTAC8tlE11T5: j 86YIEYED BY CITY dAl1AGEB: O 1 e®e ITEB ~o. b ~- ~~a cG~ ~--# ro/~~11 Ry CITY OF ATLANTIC BEACH SH 1 OF 2 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SCHEDULE OF PROPOSED DRAINAGE PROJECTS SUBMITTED BY: Robert S. Kosoy/Director of Public Narks ~~ V DATE: October 17, 1994 BACKGROUYD: The falloring fa a sequential list of drainage projects sepsrated into seintenance projects propooed to be coepleted by City crave and those proposed to be coepleted by outside Cantrartora: APPRO% A. MAINTENANCE PROJECT SCNED START COMPLETION COST 1. 3rd St drsinage line 10/12/94 10/20/94 8600 collapse 2. 3rd A Sherry Drive 10/24/94 11/2/94 81500 junction box 3. 18. Outfell Line 11/3/94 11/11/94 8800 Sherry Drive 4. Sturtlivant Street 11/14/94 12/2/94 82400 The above start and cospletion tines say very due to lneliwate reather conditions and etst¢ of ground rater table. Approxisete costa are for wsterials only and do not include lobar charges. APPROK B. CONTRACTOR PROJECTS SCNED START COMPLETION COST 1. Repair Jaewine Street to be bid 90 days 83500 Retention Pond 11/17/94 fro^ start 2. Iwprove drainage (See Note) 90 days 820000 4th L 9th Streets fro^ start 3. Plsze - Eaet end March 1995 6 wonthe 465000 drainage NOTE: 4th Street roe grouped rith 9th Street fos cost evaluation only. The actual drsinage isprovewent work on 4th Street rill De attewpted Dy City crers. It should be noted that the drainage iwprovewente to 4th and 9th Streata are interl^ isprovewente pending the wajor drainage isprovesents <1. e. trunk lines) to be constructed per the Storerater Mastrr Plan. Scheduled start tlse Ss the second reek Sn pecesDer. ~~ Page Nine Minutes October 24, 1994 The Mayor also announced he would meet with the Recreation Advisory Board and Mr. Herrick Smith of the University of Florida, Department of Landscape Architecture, at 10:00 AM on Tuesday, October 25, 1994, in City Hall Conference Room. There being no further discussion, the Mayor declared the meeting adjourned at 10:45 PM. Lyman T. Fletcher Mayor/Presiding Officer A T T E S T: Maureen King, CMC City Clerk NAME OF COMMAS. M 5 V Y V N Page Eight Minutes October 24, 1994 NAME OF COMMHS. M S V Y V N Commissioner Waters felt the City Commission needed to be brought up to date on the city's Comprehensive Plan and the City Manager indicated he would ask George Worley to report on this matter at a future workshop meeting. Commissioner Waters also referred to a request filed by the Atlantic Beach Experimental Theater (ABET) to be allowed to serve champagne at receptions following opening night productions, the first of which would be on October 28. Commissioner Waters noted that the request had been removed from the agenda at the request of the City Commission since a copy of Ordinance No. 10-94-18 had not been available to them at an earlier workshop meeting. OSENBLOO Motion: Consider the request of ABET and grant HAUGHNES permission to serve alcoholic beverages ATERS X on opening night October 28, 1994. EISS LETCHER X Commissioner Weiss noted the ordinance provided that consumption of alcoholic beverages upon city property would terminate at 9:00 PM and questioned whether ABET would be able to comply with this requirement. Following further discussion of the matter, since the request was not on the agenda and ABET representatives had been advised the matter would not be acted upon, Mayor Fletcher ruled the discussion out of order. The motion and second were withdrawn. The Mayor indicated in the future, if commission action was required on any matter which was brought up by a commissioner under the comments section, that item would have to be placed on the agenda for action at the following meeting. Mayor Fletcher inquired when the City Commission could expect to start receiving the monthly financial statements and the City Manager advised financial statements may be available by the next meeting. Mayor Fletcher acknowledged receipt of a letter from Alan Potter notifying the city of his resignation from the Water and Sewer Committee. The Mayor expressed his personal appreciation for Mr. Potter's many contributions to the city and requested that his letter be made a part of the official record of the city. (better attached). Mayor Fletcher announced a commission workshop would be held on Monday, November 7, 1994, at 4:30 PM and asked that an agenda for this meeting be prepared and posted. Page Seven Minutes October 24, 1994 Motion: Reject only bid received for street sweeping and rebid project as reco®ended by staff The motion carried unanimously. ~ c'ity Manager reports and/or correspondenc~• a. Report coacerniag incident on Cavalla Road, Friday, October 14, 1994 _ Chief Thompson reported on an incident in which suspects who had been involved in a car-jacking in Jacksonville Beach, and gun fire on Cavaila Road, had been apprehended. He thanked the Jacksonville Sheriff's Office for their assistance and also thanked the neighboring businesses for their hospitality. Chief Thompson also reported on a dangerous domestic dispute which had taken place on Plaza. He complimented the police officers on their handling of troth incidents. Drainage Report Public Norks Director Hob Kosoy presented a list of drainage projects which had been separated into maintenance projects proposed to be undertaken by city crews and those projects proposed to be contracted out. (Copy of list is attached hereto and made a part hereof). Mr. Kosoy indicated the master drainage plan being prepared by CH2M Hill would be completed in November. Commissioner Waters indicated he hoped projects would be coordinated so new pavements would not have to be dug up and Mr. Kosoy explained this was routinely taken into consideration in the planning of projects and was kept to a minimum except in emergency situations. 10. Reports and/or correspondence from Ciri Commissioners Ciri Attorney and Ciri Clerk Commissioner Rosenbloom reported the Beaches Historical Society would like to build a structure to protect the train engine in the historical park in Jacksonville Beach, the estimated cost of which would be about 550,000. Commissioner Rosenbloom requested the city consider making a contribution of S500 - S1,000 through the City of Jacksonville Beach toward the construction of this building. The City Attorney indicated Convention Development Tax revenues could be used for this purpose and following brief discussion, it was agreed to draft a resolution in this regard for action by the City Commission at the next meeting. NAME OF COMMAS. M S V Y V N OSENBLOO X HAUGHNES X ATERS X ISS X X LETCNER X X Page Six Minutes October 24, 1994 negotiations with Ns. Richardson for the acquisition of her property on Seminole Road; also authorize appraisal of the property Commissioner Waters indicated this property would be suitable for public buildings and could be used as a park until such time as it was needed for other purposes. Commissioner Shaughnessy indicated the YMCA might be interested in using thie property at a nominal fee and Mayor Fletcher indicated he had already begun inquiries in that regard. Zn further discussion, the City Manager indicated the city may wish to try to purchase the property for the assessed value, thus eliminating the cost of an appraisal. The City Attorney indicated the city had purchased property in this manner in the past and inquired how much he was authorized to offer. He was advised inquiries should be preliminary at thSS stage, primarily to see how much the owner would accept. Zn the meantime, Commissioner Waters was instructed to investigate possible methods of funding. Commissioner Rosenbloom supported the proposed property acquisition, but expressed concern that the city was not being consistent in its approach to the acquisition of property. He felt funds should be identified first and a long range plan developed for the acquisition, use and maintenance of park lands. Commissioner Waters felt the property could be used for teen activities and indicated the matter of park acquisition had been discussed at length in planning sessions and the goals for parks were well planned and thought ovt. Following further discussion, the question was called and the motion carried on a 4 - 1 vote with Commissioner Rosenbloom voting nay. Rejection of bid for street sweeping Bob Kosoy reported due to the agreement with the Department of Transportation special equipment would be required to sweep Atlantic Boulevard and Mayport Road. Most street sweeping vendors were not equipped to comply with guidelines established for sweeping state highways. He indicated the only bid received was 56,680.00 over the budgeted amount and staff, therefore, recommended that this bid be rejected. Sn an effort to encourage additional bidders, Mr. Kosoy recommmended bidding Mayport Road and Atlantic Boulevard separate from the remainder of the city's street sweeping. NAME OF COMMRS. M S V Y V N HAUGHNESS X ATERS X X ISS X X LETCHER X Page Ftve Minutes October 24, 1994 e. Adoption of Resolution Na. 94-48 to amend the number of members who can serve on the Teen Council Mayor Fletcher presented in full, in writing, Resolution No. 94-48. He indicated a large number of teenagers had indicated a desire to serve on the Teen Council and urged adoption of the Resolution. Motion: approve adoption of Resolution No. 94-45 No. discussion before the vote. The motion carried unanimously. f. Adoption of Resolution No. 94-47 to request the Duval Delegation to begin proceedings to annex property to extend the city's western boundary to the Intracoastal Waterway Mayor Fletcher presented in full, in writing Resolution No. 94-47. Motion: Approve adoption of Resolution No. 94-47 Following brief discussion, the question was called and the motion carried unanimously. s Action on Ordinances- The City Attorney referred to a public hearing t0 be held at the next meeting on a rezoning request and reminded the City Commission that they would be acting in a quasi- judicial capacity in that matter and reminded them they should not discuss the matter with anyone in the meantime. 8. New Business• a. Approval of Use-by-Exception for contractor's office at 645 Mayport Road George Worley explained a public hearing would be held on this request at the meeting on November 14. b. Authorize City Attorney to begin negotiations with Alice Richardson relative to the possible acquisiticn of her property on Seainole Road NAME OF COMMRS. M S V Y V N OSENBLOOM X X HAUGHNESS X ATERS X ISS X LETCHER X OSENBLOOM X HAUGHNESS X ATERS X ISS X X LETCHER XI Minutes NAME OF Page Four I COMMRS. I M I S I Y I N October 24, 1994 6. Ac•ion on Resolutions: a. Adoption of Resolution No. 94-43 opposing casino gambling in the State of Florida (Second Reading) Mayor Fletcher presented in full, in writing, Resolution No. 94-43 and invited citizens to speak to the matter. Dorothy Kerber distributed copies of an article which had appeared in the Florida Times Union regarding casino gambling in Mississippi as well as a summary of her gambling would have aa~neg five impact ompson felt casino OSENBLOO BAUGHNES Motion: Approve adoption of Resolution No. 94-43 ATERS X Some concern was expressed by commissioners as to whether ,LETCHER X the city should express an opinion in this matter since the citizens would have an opportunity to speak for themselves; however, the Mayor felt since casino gambling would have an impact on city services, the city had an obligation to express an opinion. Following brief discussion, the question was called and the motion was approved on a 4 - 1 vote with Commissioner Weiss voting nay. Following adoption of the resolution, the City Clerk was instructed to send copies to the news media. b. Adoption of Resolution No. 94-44 recognizing the service of Rose Blanchard on the occasion of her retirement This item was taken up and acted upon earlier in the evening. c. Adoption of Resolution No. 94-45 recognizing the service of Joseph P. "Butch" Garvin on the occasion of his retirement This matter was taken up and acted upon earlier in the evening. d. Adoption o£ Resolution No. 94-46 recognizing the service of Nalter Rew on the occasion of his retirement. Since Mr. Rew was out of town and could not attend the meeting, the Mayor requested that action on this resolution be deferred pending Mr. Rew's return. X Page Three Minutes October 24, 1994 3. Recognition of Visitors: Chief Thompson introduced Hobby Bacon who had worked for the city for eleven months as a reserve officer and who had recently been hired as a full-time officer. Commissioner Weiss complimented the Public Works staff who had worked under most difficult conditions to resolve a sewer break during recent heavy rains and flooding. 4. Unfinished Business: None 5. Consent Agenda Ac)movledge receipt of Water fi Sever Reports No. 20 gad 21, and authorize co~pletioa of modifications to contract drawings (58,086.50) aclmowledge receipt of awnthly pension report Mayor Fletcher requested that Item a be removed from the consent agenda for discussion. Mayor Fletcher referred to the final paragraph of Water fi Sewer Report No. 18 and inquired regarding proposed changes in the amount of S9,163.00, and Mr. Rosoy explained this was for changes which had been discussed by the Water S Sewer Committee. Bob Kosoy explained some of the eighteen original changes would not be possible and had been deleted, reducing the cost to 58,086.50. However, the proposal still included seven major changes which were identified in Pitman, Hartenatein S Associates' Contract Authorization No. 10. The Mayor inquired whether it would be advisable to include all items included on the original list as bid alternates and indicated he would like to review the list of changes at the water 6 Sewer Committee meeting on Thursday, October 27. Motion: Approve changes for the bid alternate in ; an amount not to exceed 59,163.00 p referred to in Nater fi Sever Committee p Report No. 18 (Pitman Hartenstein ~ Contract Authorization No. 10) Following brief discussion, the question was called and the motion carried unanimously. The Commission ackncwledged receipt of the pension report. NAME OF COMMRS. M S v Y V N SENBLOOM X X UGHNESS X TERS X ISS X ETCRER X I X Page Two I I I I y l y Minutes NAME OF October 24, 1994 COlR+HiS. M 5 Y N 6b. Adoptionof Resolution No. 94-d6 recognizing the service of Rose Blanchard on the occasion of her retirement Mayor Fletcher presented in full, in writing, Resolution OSENBLOOM X X No. 94-44. EIAUGHNESS X ATER.S X Motion: Approve adoption of Resolution No. 94-44 ISS X X LETCHER X No discussion before the vote. The motion carried unanimously. presented thesresolution in plaqueu form to Mso Blanchardr 2, A earances: a. Representatives of Jacksonville Chamber of Commerce, Beaches Development Department, to discuss the issue of bed tax funds at the Beaches Harry Schnabel, Chairman of the Chamber of Commerce, Beaches Department, addressed the City Commission and requested the city to encourage the Legislature to expand the use of bed tax funds. Barry Adeeb of the SertTROade Inn, and Connie Shea of the Comfort Inn on Maypo concurred with Mr. Schnebel's comments and indicated they would like to see state law changed to allow more flexible use of the bed tax funds to include promotion of tourism. Jeri McCormick of the Jacksonville Tourist Development Bureau distributed Jacksonville Visitors Guides and explained what her office had been doing to promote tourism in this area. Nick Nicholson introduced Nancy Broner of the Northeast Florida Aquatic Sports Complex Study Group, who reported the City of Jacksonville Beach had donated land for the proposed world class swim center. She presented an artist's rendering of the proposed S14 million complex and explained how the various buildings would be used. Ms. Broner and Mr. Nicholson indicated they were most anxious that the facility be built in the beaches area and requested that the City of Atlantic Beach take a leadership position in the development of this complex and work with the other beach communities to investigate possible funding sources. Following further discussion, the City Manager was directed to draft a resolution for adoptzilnby the con- Commission at the next meeting, suppo 9 struction of the swim center in the beach beaches area. MINUTES OF THE REGULAR MEETING OP ATLANTIC BEACB CITY COMMISSION HELD IN CITY HALL, 800 SENINOLE ROAD, AT 7:15 PM ON MONDAY, OCTOBER 26, 1994 PRESENT: Lyman T. Fletcher, Mayor Steven M. Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss, Commissioners AND: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Fletcher. The invocation, offered by Commissioner Shaughnessy, was followed by the pledge to the flag. 1. Approval of the minutes of the Scecial Call d Meeting of October 5. and Regular Called Nesting of October 10. 1994 Motion: Approve minutes of Special Called Meeting of October 5, 1994 No discussion before the vote. The motion carried unanimously. Motion: Approve minutes of Regular Meeting of October 10, 1994. Commissioner Waters inquired regarding the whereabouts o£ ballots which had been used at the meeting of October 30, and the City Clerk advised they were attached to the original minutes. The minutes were unanimously approved. Agenda Items 6B and 6C were taken out of sequence and acted upon at this time 6c. Adoption of Resolution No. 94-45 recognising the service of Joseph P. "Butch" Garvin on the occasion of his retires~ent Mayor Fletcher presented in full, in writing, Resolution No. 94-45. Motion: Approve adoption of Resolution No. 94-45 No discussicn before the vote. The motion carried unanimously. Following passage of the resolution, Mayor Fletcher presented the resolution in plaque form to Mr. Garvin. ME OF COMMAS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O OSENBLOO X HAUGNNES X ATERS X X ISS X LETCAER X OSENBLOO X SBAUGHNES Y X X ATERS X X ISS X FLETCHER X ROSENBLOO X SAAUGHNES Y X WATERS X X WEISS X X FLETCHER X COMMISSION AGENDA PACKETS ~.- NORKSHOPS ( - _ -- NOVEMBER, 1994 ~~ f ~/ ~:. ~;s ~: `~f,.