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FL 32233 1909) 2473015 • Fax (909) 249-3292 BEACH AND SHORE U~ }~,~ Y~ 3/a~~gS RESTORATION PROJECTS 27 MARCH 1995 ENVIRONMENTAL PROTECTION SEISMIC MONITORING PROVIDED BY: CDB, Inc. 87 NICOLE LANE ATLANTIC BEACH, FLORIDA 32233 9oa-zal-ams .,. no.: w..,z:soa9 3/10/95 Jamep i Hoa1G 708 A. SLiid B<1'aat Jax. eaeeh, )(, ]33e0 Gear elr, Lupaottl aa0 a ]n axotyama pp~alaW t~~• Z haw Deraonally DtoD.rty looataa at: ltlaa~~le ;Oaa aeaeb~ 710Haa. ]23]3 valwWrPOae of tba aAprateai vaa to atiaate staple t1Ua of oenarihip LDrwed, la ~O WreO~fe~i 7Le aubjaet P]operty o0nslats of: 2.5 Bwt~.,_. GmasaL~IVLgtylky ldellCa Cmtalos 1,98! equara feet of Droperty u of l Lbnt the aatlasttl aarlui wlw of tW ebzvarP ], 3995 le E3]U.000 fry Lhe aDPtalaaila:q~ been a°twatloally eztraotad LWrtep 10 thla Dover Da9e. A~' Dew Y antelttsd. Dav1A !ea]pla sroRnG` Bath 33.7 G~r~e Roan ------------~ I I PORCH i~3' 3I• i E ( I I i /2 6cth Ktchen Bath BR ~ I GhRhGE I FOYc~2 Living Roan ~ 123.7' ~ O 4.5 19 1 In<h . 12 feet ____,_ r________._ ' -1 ~ ~ ~ . ~ ~ 1 i i \. ., ~A~a~ ~ .~ r`` ``~6'~~~ ~/' ssa ` ~T `;, ~ • , 0 .~ o ti m .n ~s ~' r y^~~ rj`~ d„ '~ k ~a .P M(;~ ` P ~. ~~f v ~_ ~.• . •..'tn .~ .,~ ,~. .,: / ~~.. `~~` ~`~ !~j 6~' ~\~9/ 6!~ ` •~P f E ~ ~ ~rJ~ \` `I 1 !' '~, ~' ~• .~• ~ ~~; •~ 0 1 1.~~~ , J r ~. \~ ~ ~~- r/ ~ :,;~ '~ . ~, {~ `~. ~: N , ~ ~ \g..~\~/8 \ " haJ\~o-L -~ JIB ,G .~ ~~:~ - \~ ~~ a~ ~ 1. ~~c, , 3~ g ~~ r. ~: .. ,'' '~``~ ~s, so' L' •, ~~ o l ~ 1 ~•~ ,q?~' 7 ~f ~ {~ 71~ ,' q~' I TT7 '~,~. 'f~" f ~ ~ . '~~ ter, • II 7- ~.... c_ _ ~ ~ i ~ ~ :`-rte=~~~~ -,r ~~vr,-°, • . •. NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it--~- ^i ~ i~ ^i~i~ \L__JI ~~~~ CITY OF r~lartie Stack - ~leztda se svmvo~ now KMN77C 96AC9, flDRm~ JF3J.}SNS tP~FPXONE (SOU 1RFS6W iAx p001,Y51OS M E M O R A N D U M March 21, 1995 TO: Aim D. Leinbach, City Manager FROM: Don C. Ford, Building Official RE: Richardson House at 110 Seminole Road I have performed as inspection of the Richardson house at 110 Seminole Road sad found the following: 1. Roofing - The original structure is asphalt shingles. The shingles have exceeded their life and are swelled and cracked. There are numerous places in the roof that have leaked and caused the ceilings to fall ia; 2. Exterior Malls - Asbestos shingle siding has many cracks causing water to flow into the walls. The stud in the walla around all of the windows sad door; have rotted; 3. Plumbing - Plumbing Las been replaced and repaired is many areas. Piping consists of galvanized steel, poly-vinyl chloride plastic; sad poly-butylene plastic; 4. Heating, Yeatilatioa and Air-Conditioning - Ducts have been wet from leaking roof. All equipment has been wet sad damaged beyond repair; HYAC - The condenser/air-handler is a very old commercial type and will be difficult to repair. 5. Electric - Has numerous places where the wiring Las been tampered with. There are wire nut connectioan oa wiring in the rear porch areas that are exposed to the weather. I could not inspect the service panel to evaluate the eatite structure. overall, the structure appears to be is very poor condition. The maintenance has been marginal and a complete overhaul of the entire building would be required to make it safe sad to meet existing building codes. Remodeling costs start at 550.00 per square foot and up. This structure would probably start at 570.00 per square foot to make the structure safe for public use. DCP/pah J. Aennad N~alrrs. IiI rrbluuti =-. 799c Page'I'mo COHBINE THIS FinµCinO WRH THAT PENpINO FOR REFIN/WCINO OUR nllY CITY n.u_~, COM?U}f_q UPORADE£ AND OTHER PgOJECTg. 'SEEK ORANTBIpONATN)nS TO ERMER ACQUIRE OR ABSIET IN THE J1CDU16(}1pn Of THE SUBJECT PROPERTY. FRANI0.Y, 1 WOUI„D NOT REpOMM[Mp VT1l1~IN0 OENMAL -UNO RED[RVE MONIb ANO YYOOELT pAN(FATION iUMp6 AB THE lNJ6T AVAIUBLE EJ}HFJt BINOLY OR IN OOMBINITION WRM OTHER FUNpINO BUCH AB OR/.NT•u', i MOPE TIN1 WFORMATNJN A6416Tf Ypy IM YOUR DE46ERATN„J{ µD BTANO BY TO NCIP FURTHER N' YOU 80 pEBIRE. SNIOERCLY. ~ ~ //I l ~~~y~~J ~~~'~~~ kIH D. 1-F]MBACH CrtY MANAOEw CC MAYOR AND CRY COHM18fION CrtY ATTORNEY FINANOC OIRWTOR Cm CAN CITY OF ~tlaafie E"eaelc - `~lezlsla ^ ATLAh C BE:K7L Flpp~ ~>+~ StIS FA%OBII ]!LSlOS FEBRUARY 27, 1995 J. DEMONC WATERS III CRY COMMplBK)NER ATI,AnTp gEAON, FLOaIaA DuR COMMIBBIONEq WATCIMl: YOU NAVE AHKED THIS OFFN:E N REBEARCN PoSSIBLE FUNDING SOUROEB BNOULD THE CRY C-0NMIBHION HEEK 10 ACOYIRE THE RIDNARDHON PROPERTY OFF SD/INpLE RO,~. 1 H11ALL ABBUME. WTRpUT THE BdEFR OF NE00{yTgNi. THAT THE PROPERTY W VAWEp AT 51 50.000. BABN%ALLY. 1 BUOOEBT YOU COMaipQ} THE FOLLpy/INp POBBIBIE AlTE7MIATNEB TO AOOOMPLIBN THE ABOVE: KRILRE IT4ERVET~UnNOD BR ~E OBTAINED FROM THE S.WRATION BUDGET AVYLABI.E TNROUMi PRIVA VdICLEB TOTALEp HOME APPROVED BY THE CRT COMMIHBpN (OUR 5225.000 IN HELUMO THE HAME TO T}IE LOW PRIVATE BANRATIOTI BIDDER). -UiII-IZE OdERAI_ FUND BALANOE BY ANdDiNO THE BANE YID BMOWINO THE DD OE•N A (MOWI BUDGETED UNE ITd fOURRdT BALANpE E'BTIWTED AT TAKE BIDE FROM FINANCIAL INBTRUTIONH ANU FINANpE THE ACOUIBRSON TNppUGN FLEME PURpIMBIMO OR fIMILAR MEANB BUpI AB A LBGALLT ~~ NBTNpG Tb PREVIOUHLY pEBORIHED .) NPLEABE RTINO A BUDGET ANdpNFjTT APPRD%INATELY $25.OQ~ F~pN THE BPpDIAL ~ K 1 REILIMIf10 Bµ,ANOE OI I BELIEVE FALLi INTO THE PARAMGTERp ADOVBIITIOn FUMp I,6 MIU THAT PARK AOOUIBRK)n AND 4TABLB3NLD BY THE GATT CONNIMION FOR PERNAPH COULD BE USED FOR THIH PURPOSE WRNin THE CURRENT' FIHpy_ YEAR-HUB6FgUE1? iUMpINO REOUMED. u DN pITMOONB' ERA E A PART Of THE CITI~{ OAPRAL IMPRpyENdT PLAN OURRCTRY TTOM OF THE CRY COMMBIBNJN AMD FINANCE WRH APPROPRIATE BUDGETED iUNDB. STAFF REPORT......... Page 2 Our team checked with other facility providers (i.e., multi-purpose use, including teen programs) and reviewed the site, structure as yell as existing playground eauipmen[, k'e feal a policy decision should be made by the City Commission as [o the use of the property. If ve assume primary use~by younger adults, St ie fe1C the property would not be readily suitable Sn its current eonf Sguration. The structure is not sound enough for immediate use and our Building 0 ~ Official estimates a Lost of S44G~rG90'to bring it up to etandard.~~ In feet, it could be more logical end economical to build an entirely new building. Traffie/parking ie also a problem a[ the site. The ex is[ing playground equipment vas not deemed adequate by our Parke Division Chief. Current zoning does alloy park type use, however. Should the City Commission wish to preserve the property for future use (as ve all knov, properly is increasingly difficult to reasonably obtain), perhaps with plane to acquire other ad]acen[ properties, the Richardson land could serve Chis purpose moat adequately. eECOMMEBDATI09: To summarize, unless preserved for future use, staff cannot adequately ane lq ze the property at I30 Seminole koad without knowing its general intended use. Me have pointed out suggested criteria for this process as veil as specific cha rac[eristics to the site regardless of use. The City Commission shoo ld also reigh [he opportunity for land acquisition versus the availability of desirable real estate within Atlantic Beach. A7TACBMBHTS: Letter to Coulsefoner J. Dezmond Yaters, III from City Manger Kim D. Leinbach dated February 27, 1995; Memorandum to Rim D. Leinbach from Don C. Ford dated Marsh 21, 1995; area may, site plan, building sketch for 110 Seminole Eoad; letter of Cransmittal to Jensen and Eould fro^ David Yeargin dated Pebruary 10, 1995. AOEMDA ITEM NO ,.., -rs CITY OF ATLANTIC BEACd CITY CONNISSION STAFF REPORT AGEBDA ITEM: Posa able pux hale of property located at 110 Seminole Roed (Richardson). i SDBNITTED BY: Kim D. Le inbach, City Manager ~ .~~^, ¢.. BAC[GRODBD: At the last City of Atlantic Beach City Comm iasfon meeting, Commissioner Dezmond Waters discussed and proposed purchasing the Richardson property consisting of five lots and one single family duelling unit located at 110 Seminole Road. The matter vas deferred to the next regular City Commission meeting for report and analysis by staff. (~ Ae directed, 1 assembled a staff team consisting of Planning and Zoning Director George Worley, Recreation Director Timmy Johnson and Parke DiVielon Director Allen Sorder to rork with me on the report. Building Official Don Pord evaluated the single family duelling uric at my request. Essentially, ve reviewed the property for use, need, location and various characteristics u¢ique to the property. We suggest the following process as a means towards deriding purchase/utilization of Chia property (or any ocher for that matter): 1. Need (i.e. programs, 1¢f ras[rueture, etc. vis-a-v is [he delivery of services at t61s location and hov the same fits in with our overall parks and recreation facilities and uses). 2. Location (based upon above, who will use it, hov much traffic will be generated, will Cheze be aubatantial walk-up traffic). 3. Security (should the property be used by younger children and if so, hov can ve protect [hem fro^ vehicular and walk-up traffic, will the use affect neighbors adversely, fs [he structure safe). 4. Staffing (depending upon use, upwards of two staff members, one male and one female, could be used at the site, what hours of operation). 5. Maintenance (what are [he annual, recurring expenses [o operate the facility). 6. Structure (what Ss [he condition of the house, Se there adequate parking, are there additional expenditures to make lmprcvements). 7. Miscellaneous (can vo lun[eern be used, is it vise to nix uses of facilities, e.g. teens versus seniors). 3b CITY OF ~tla«tie Seatk - ~lauda ~XIIt1~IIIttI~tIIti WHEREAS, the use of parliamentary procedure in romotes torderly private and public organizations in this country p deliberation and protects both individual rights and majority rule, cardinal principles of governance in the United States; and WHEREAS, April is the birth month of Thomas Jeffers tactice author of the first comprehensive manual on parliamentazy p in this country: and WHEREAS, the month of April has been designated as "Parliamentary Emphasis Month" by the Senate and House of Representatives of the United States of America in Congress assembled. NOW, THEREFORE, I, Lyman T. Fletcher, by virtue of the authority vested in me as Mayor of the City of Atlantic Beach, do hereby proclaim THE MONTH OF APRIL, 1995, AS PARLIAMENTARY EMPHASIS MONTH and urge the people of the City of At Lan Lams and tactivities tto month with appropriate ceremonies, p og advance democratic processes and efficient organization of meetings through parliamentary practice. IN WITNESS WHEREOF I have hereto set my hand and caused the official seal of the City of Atlantic Beach to be affixed this 27th day of March, 1995. LYMAN T. FLETCHER Mayor as ATLANTIC BEACN CITY COt4tISSION NARCN 27, 1995 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of March 13, 1995. 2. Recognition of Visitors a. Presentation of proclamtion to the First Coast Parliamentarians declaring April ae Parliamentary Emphasis Month in Atlantic Beach 3. Unfinished Business: a. Two appointments to the Arts and Entertainment Board to fill vacancies created by resignations b. Report relative to acquisition of five lots at 110 Seminole Road 4. New BuaineSS: a. Appointment to the Recreation Advisory Board to fill unexpired term of Gary Santora (Tern expires 10/1/97) 5. City Manager Reports and/or Correspondence: 6. Reports and/or requests from City Commissioeera, City Attorney aid City Clerk: Adjournment If any person decides to appeal any decision mde by the City Commission with respect to any ratter considered at any meeting, such person my need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is mde, which record shell include the testimony end evidence upon which the appeal is t0 Ue based. Any person who wishes to speak to the City Commission on any ratter 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. Future Business - Por action on Acrd 10 1995 1. Acquisition of Census meters ~ - .. -~ -- ~- ' ~ z zz x = ~ ~z ~~~~ z x ~ n s ~e ~ s ~ ~~~ 0 Ss ~s~~ ~ ~ x ~ ~ ~ SC A ~ !F A ~ ~ s: ::_ = g=== ===:a=.=. _ ~ d r ~ ~ a s ss s ~ s 9 srh ~ ~ ss ss ~ s < ~ ~~ v~ ~ i ~RPi R TS~ NSF R w w w ~~11 • ~ ~~~~ ~~ x ~ € g H ~t i ! $ .sc~~ ~ ~~ .sisi~~ .Si x x ~ F~ ~ ~ ~~A~ S M ~ ^ ~ wM o~~ ~ ~e~ ~~: ~~~~ Page 3 ..SPECIFICALLY, WE RECOMMEND AWARDING TAE PROPOSALS FOR TIIF FILE SERVER, WORESTAYIONS, SOFTWARE, AND INSTALLATION TO A b M COMPOTERS. A b M BOBMITTED THE LOWEST PRICES WHILE BEING ABLE TO PROVIDE ONGOING SERVICE FOR THE SYSTEM. TRIS IS A LOCAL COMPANY, AND THEY HAVE BEEN PROVIDING QQICR, RELIABLE SERVICE TO TBE CITY OF ATLANTIC BEACH FOR SEVERAL YEARS. FCR THE PECESSARY NETWORA, WIRING, ^RELIABLE^ PROVIDED THE LOWEST PRICE WHILE PROVIDING LOCAL SOPPORT. WE RECOMMEND HAVING ^RELIABLE^ WIRE THE SYSTEM. ACCORDING TO THE PROPOSED PRICING, THE TOTAL OF THESE SERVICES WILL BE APPROYIMATELY $20,000. THE GRANT FOR THIS PRO~FCT IS SLIGHTLY MORE THAN $22,000. ATTACHMENTS: SOMMARY SHEET OP TH~ PROPOSALS FOR THE EQOIPMENT AND SERVICES NOTED ABOVE. ~ i REVIEWED SY CITY MANAGER: AGENDA ITEM NC. 6 ~, Page 2 The IBM AS400 at City Hall is hailed as an excellent machine for multiple functions, and it has outstanding potential. However, the Police Department has one computer which accesses the AS400. The Chief of Police, who oversees the budget and has to approve all purchases, does not have a computer to access the system. The Captain, who handles collective bargaining negotiations, does not have a computer to access the system. This lack of access to information creates constant problems. Last year, we had a consultant look at our long term inf ormatioa management needs, and they suggested networking the computers. They provided basic information including specifications for hardware znd approximate costs. We applied for a grant to help fund the networking, and it was approved. The grant will pap for 756 of the costs of the system. This was included in the budget for 1994-95. Since then, Chief Ruley has joined the City as Fire Chief, and he has expertise and experience in networking. He has reviewed the needs of our departments, and be has put together the plans for adding equipment and networking the departments. His basic plan is consistent with the previous consultant recommendations and grant request. Since the original prices were estimated more than a year ago, the prices have fallen significantly. Chief Ruley set the specifications for the components of the system including a file server, PC workstations, wiring, and software, and be solicited proposals from multiple sources. Our city purchasing guidelines do not require sealed bids on the purchase of this equipment. After reviewing the proposals, we are confident that we have the best responsible prices on the market. At this point, we are ready to purchase one (1) file server, four (4) PC workstations, software and installation services, and wiring for the system. The prices are included in the attached summary of proposals, and the totals are well under budget for the grant. RECOMMENDATIONS: WE RECOMMEND THAT THE CITY AOTHORIZE THE PURCHASE OP THE PILE SERVER, WORRSTATIONS, WIRING, AND SOFTWARE FOR THE COMPUTER NETWORRING IN PUBLIC SAFETY. r~Kalrue Biaa4 - ~leslda rou~eDerAFTweNT A50 SEMINOLE RUAU ATIAATiC BEACH.FLORIDA 07L'i8 TELEPHONE 19MIR~9~:bW CITY OF ATLANTIC BEACA CITY C0141ISSION MEETING STAFF REPORT AGENDA ITEM: Public Saf etp Computer Network SUBMITTED BY: David E. Thompson, Chief of Police John Ruley, Fire Chief DATE: March 6, 1995 BACKGROUND: The existing computerization in the Police Department is fragmented and uniategrated. The various systems need to be coordinated and networked to assure accuracy and efficiency throughout the Department. Although Police and Fire Departments share Administrative and Records staff, the computer systems in the two departments are stand-alone systems and unable to ^talk^ to one another. Police and Fire Department members need to be able to access information from each other without having to physically walk outside to the other side of the building. The original computerization in the Police Department took place in 1986 with the introduction of a ^new" 286 microcomputer to the Records Division. This stand-alone system was based on a data base management system to track all reports, arrests, training information, parking tickets, etc. Since that time, other computers have been added around the Department. Officers have laptop computers to write reports and correspondence, and microcomputers are in the Records Division, Communications Division, and Squad Room. Some department members (Captain Campbell and Lt. Smith) have brought their ovn computers to work. A major problem surfaces when one realizes that none of the computers are networked with the others. Each computer is a stand alone system. No cne has access to arrest, traffic ticket, or incident intormati on outside of the Records Division. When Records is closed for business, the information stored in their computers is not available to anyone. This also applies to other information in the department. Each computer is set up with its own software and data base system, and there is no sharing of information between them. IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their respective names by their respective rep esentatives and have executed this Agreement this a~~ day of~~, 199 FOR THB CITY: FOR THB UNION: i it Manager President, cai 2622 N i ire hief ATTEST: C1 y Clerk f)tlI1IP A Filf HifiFl I 7 ? 1 5 f 7 1 9 1/ 11 1.59 7.8: i.15 8.31 t.N 1.11 9.17 9.31 9.f7 9.l1 11.71 plVf3fE16I1EF1 9.31 6.39 1.61 9.11 9.3E 9.H 9.95 11.75 II.Sf 11_N 11.11 IIEBfEYfT 9.17 9.71 II.N 11.N ll.i] 11.93 11.75 11.5! 11.11 f7.M II.f1 ARTICLE 33 DURATION OF AGREB!'~NT sr This agreement shall commence and become effective on the ~~ day of ~_, 19~ and shall continue In full force and effect until midnight of the thirtieth day of September, 1995. If either party desires to negotiate a successor agreement, it may do so by giving the other party written notice to that effect no later than May 1, 1995. If written notice tc negotiate a successor agreement la given by May 1, 1995, the negotiations shall co®nence no later than May 15, 1995. 51 ARTICi.E 32 ENTIRE AGREEMEN'" 32.1 The parties acknowledge that during regotlatlons which resulted in this Agreement, each had the url imlted right and 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 understandings 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 IAFP for the duration of this Agreement each voluntarily and unqua11f1edly 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 oc covered in this Agreement even though such subjects or matters may not have been within the knowledge or eontemplstion to either or both cf the parties at the same time they negotiated or signed this Agreement. 50 A.4TICLE 3; SEVE^nAB~ ~:':'i ..1.; In the event any Article, Section cr portion of this Agreement should be held invalid and unenfcr reable by any court of competent iurisAiction such decision shall apply to the speclflc Article, Section or portion thereof specified in the court's decision; and upon issua.ce cf such decision, the pilbiic Employer and the iAFF agree to immediately negotiate a substitute for the Srvalidated Article, Sectlon or portion thereof. 49 ARTICLE 30 CODE OF ET'RZCS AND USE OF CITY EOUIPMEiT" 30.i bargaining unit employees shall be bound by the Emplcyee Code of Ethics set forth Sn the Personal Rules antl RegulaLlons. VSOlations of any provision of the Employee Code of Sthlcs shall sublect the employee to disciplinary action, including discharge. 30.2 No bargaining unit employee shall use City owned equipment for his personal benefSt without the permission of the Fire Chief. The FSre Chief's decisi or, on the use of City owned equipment Yor personal use shall not be subiect to the grievance and arbitration sections of this agreement. The use of City equipment is not to be construed as a fringe benefSt or as a wage supplement. 3C_3 :T.en cperatlnq City vehicles, the employee must possess a current and valid Motor Vehicle Operators License Sssued~by the State of Florida, appropriate for the size and type of vehicle operated. 30.4 Employees shall not transport individuals who are not City employees in any City equipment unless the SrdlVidual is Snvolved in official City business. 30.5 The operation of City equipment must be conducted In a manner which insures the safety of the operator, Fubiic and equipment at all times. 48 d. 2hencyclidine 25 n/ml PCP 25 n/ml GC/MS -. Marijuana Metaboiltes 100 n/ml Total n 15 n/ml Deite 9 - TBC f. Barbiturates 300 n/ml 150 n/ml When alcohol screening 1s required under the provlslons of this policy, the standard Wh1ch shall be usetl to determine Whet level of alcohol shall be considered as positive shall be ',eq- grams per deciliter. 47 =_ubmit :o a search, Prevlded tha: at no tfa:e wll: any employee be searched by or in the presence of a member of the opposite sex. Fur t.*.er such search shall be in the nature of a 'pat-down,' and shall take place in a locations as no: tc unnecessarily embarrass the employee. An emplcyee's refusal tc cooperate with or submit to a search may be treated as serious insubordination that warrants immediate discipline, Sncluding discharge. h. All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall Snferm the City that they are taking such medication on the advice of a physician. It Ss the employee's responsibility to Snform the City of the possl bl.e side effects of the drug on performance and expected duration of use. 1. Except as stated Sn subsection e. of this Article, the cost of drug and alcohol screening tests shah be pa1C by the CSty. i. The CI :y retains the right to main :aln disclFline or invoke disciplinary measures in the case of conduct which may result from or be associated with alcohol or substance abuse. k. Decisions of an arbitrator under this Article shall be limited to a determination of whether or not the City had reasonable suspicicr., a::d whether or not the employee was under the influence of alcohol or drugs, and not the disciplinary measures imposed by the City. 29.3 When Crug 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 posit;ve: DRUG GROUP SCREENING TEST COWFIRMA"ORY TEST a. Amphetamines 1000 n/ml Amphetamine 500 n/ml GC/MS b. Cocaine Metabolites 300 n/ml Metabolite 150 n/ml GC/MS C. Opiate Metabolites 300 n/ml Morphine 300 n/a,i GC/MS 46 is ?sata facic_-y, a:ong ~__., -..z .c-p-rt of pcsliLVe rasa:: .-..:.__ ., ... _:: c~C Gy .,..e City tc the ec~ployee. 'n the event .he Cit re?ieFtC ..- an e~pioyee suL-mi to br eatt,, t'ccQ _- - a:!. ^.t*.cr ;est~ and the employee chcoses nct tc suG:rdt to such test or tests, the CEd£cGab:E suspicion to believe the employee was u.-,der tY.e Srf:uence shoo be ;ustiflcation for disc p: ire, including da cY.arge. If the employee submits tc the tests and the results indicate alcohol cr d~::c use (other than as indicated ir. Sect:cr. }:;, the employee shall be discharged or suspended without pay at the disc: etlon of the City. after ih!rty (30) days have passed, a suspended er,~ployee desiring reinstatement shall, upon written request be given the opportunity to submit tc fort her blood or urine tlrug/a:coho: screer.ing tests, at the employee's expense. _° such tests Sndicate the absence of alcoho'_ cr'a coat=clled substance, the employe? may be reinstated a t:'.e dl5 cret:or, of the CSty. Ir. the event forty (40j days have passed anC the City has not received the written request signed by the employee, to take the alcohol or substanc? abuse test, or the employee has failed to take such tests at a tirtre and location designated Gy the City, the employee shall be tl:schargeC. An employee who is reinstated under this Sectior, shall be subiect to ra.^.COrt. testing during a two (2) year perSOd fo:iowSng the initia: test. Should such employee test positive during this two year period he shall Ge discharged. An employee may be granted a one time leave of absence without pay act to erceed sixty (60) days to under go treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits sha L' accrue Curing this perloC. The request must be voluntarily made in writing prior to the Snstl tution of CSSCIplinary measures for alcohol or substance abuse. The City has the right to search lockers, handbags lunch Goxes, other containers, or other perso:.a: effects of employees at any time provided :h? Ci[y has reasonaGle suspicion, to be:Seve that an employee possesses or is under the influence of drugs or alcohol. If deemed necessary by the CSty, the employees themselves may be asked to 95 AFTICLE 29 A~CCiiCL AI~i DRUG TESTING 29.1 Both the City artl Unior. recognize that tlrug and alcohol abuse is a growing problem among our nation's work force. The CS*.y and the Union also recognize the tremendous cost, both in terms of efficiency and In Kumar, suffering caused by needless work place accidents. Acknowledging the necessity for acts m, the following Alcohol and Drug Testing Program is hereby S rl tlated. 29.2 a. Ali applicants may be subject to drug and alcohol testing. P.11 bargaining unit employees may be subject to drug and alcohol testing es part of an annual r `.y °_i~ai examination. 'r the event the City has a reasonable suspicion to believe that an employee is under the Snfluence of drugs or alcohol on duty, the CSty may require that the employee submit to breathalyzer tests, blood tests, urinalysis, and/or other appropriate testing. Should the employee test positive to a drug test, the City will utilize a confirmatory process before instituting action. The Cities MRO tt.ust review all confirmation tests, posltlve and negative. Within flue (5) working days after receipt of a positive confirmed test result from the testing laboratory, the CSty shall inform the art~ployee in writing of such positive test results, the consequences of such results, and the options available to the employee, Including the right to file an administrative or legal challenge. The City shall provide to the employee, upon request, a copy of the test results. Within five (5) working days after receiving notice of a positive confirmed test result, the employee will be allowed to submit Snfocmation to the City explaining or contesting the test results. If the employee's explanation or challenge of the posltlve test results 15 u.-sati sfactory to the city, within fifteen days of receipt of the explanation or challenge, a written explanation as to why the employee's explanation 99 City. The City also agrees to reimburse the employee for the actual cost of books and tuition of the class required for EMT certification provided the employee presents original receipts for said expenses. The books become the property of the City and must be returned to the City when the employee finishes the course. 28.4 Any employee covered by this Agreement who Is temporarily required by the Fire Chief, or his designee, to perform the duties of a higher classification shell receive pay at a rate flue (SE) percent above the employee's regular rate of pay if the duties are assumed in full for a full 24 hour shift, provided that no other employee of that higher classlflcetlon Ss on duty, and available to assume the responsibilities and requirements of that position. i. Zt is understood that operating in the classification of Diver/Engineer when not permanently assigned to that position shell be considered working out of class. 2. It is understood that operating Sn the classif Station of shift commander when not - permanently assigned to that position shell be considered working out of class. 28.5 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 (1 1/2) the employee's regular rate of pay or the actual hours worked at time and one-half (1 i/2), whichever is greater. Provided that this section shall not include scheduled overtime and shall not apply if hours worked as a result of a call back extend Snto the start of the employee's regular work period. 93 i,.i-. be advised In writing as to tY.e reasan his n:ec.t step increase was not granted at the usual time. The evaluation rating of an employee under th's arilcle is within the sole da creticn e-` the City and Ss not subject to the grievance or arbl trat:cn procedures of the contract. When an employee Ss promoted to a new pay grade, he shall enter the new pay grade at the step closest to his pay step prior to the promotion that provides for a minimum of three percent (3t) Sncrease above the pre-promotional pay step. When an employee is promoted, his anniversary date shall be adiusted (for pay purposes only) to the date of the promotion and this date shall be the date used to calculate his future merit step Increases. 2E.? EMT or Paramedic Zncentlve Each bargaining unit employee who is trained Sn basic life support or advanced life support and who is certlf led by the Department of Health and Rehabilitative Services to perform procedures as an emergency medical technician (EMT) or Paramedic will receive 575.00 per month as an Sncentive upon the presentation to the FSre Chief of a valitl, current certificate. Zt shall be the responsibility of the bargaining unit employee to remain certified and any loss of certification will result Sn an immediate te[minatlon of the Zncentlve bonus. The City may approve an employee to take time off from work with pay at the employees regular straight time hourly rate of pay to attend EHT classes. The CSty will pay the employee for travel t]me to and from class, provided the employee first reports to work at this asslgneC time and returns to work immediately following the end of class. Should the employee be required to attend class at a time he Ss not scheduled to work, the CSty shall pay the employee for the time the employee attends class at time and one-half the employee's regular straight time hourly rate of pay. If an ert,p loyee falls to successfully r_omplete the class he shall be charged for any pay received to attend class. These monies shall be deducted from any amounts owed the employee by the 92 employee's annlve; ssry na:c Thereafter, e:np_cyees whe :,ave _ revlcusiy ad'+an ced to the top step cf the pay plat stcii be eligible for an annual the ee percent ;;?.) !-anus twelve „ 2) :~onths frog, the date of their =,,,,, inc: ease. T;;e annual bonus shall replace st=p movement and shall be contingent on continued satisfactory service. The bonus shall not be paid Sn tre employee's base rate of pay, rather the bcr.us sha:l be paid ir. a lump-sum payment on the employee's anniversary date. Employees who receive ar. overall above satisfactory evaluation tali rg shall receive a two percent (28) one-time bonus :.. addition to Lhe1r normal step increase. Employees who have advanced tc the top step of the pay plan, and who receive an overall above satisfactory eva:uaticn rating shall receive a two percent ;2t) one-time bonus Sr. addition to their annual bonus inc: ease. For the purposes cf this plan, tre date of last Sncrease shall be the mwst recent date :;pon which any of the fo:iowing actions occurred to an employee: a. Date on which an employee received his probation increase (if applicable), or date of employment. Date on which employee received a merit step increase, or a change Sn pay grade . Cost of living adlustments or general increases shall not be considered as the date of last Sncrease. For purposes of determining whether or not the employee has satisfactorily completed his Snltlal twelve (12) month period of employment, or has satisfactorily performed services for the city for further merit Increases, the Fire Chief shall notify the CSty Manager Sn writing of the Chief's evaluation, with his recommendation of merit step Sncrease action. If the employee's performance has not been gradeC by the FSre Chief as satisfactory Curing the tame period Snvolved, the employee shai: next be considered for a merit Sncrease after he has worked the number of months set forth in the merit plan. The employee shell 91 AFTICLE 2S WAGES/EMT' OR PARAMEDIC INCENTIVE 28.1 Employees covered by this Agreement, employeC prior to October i, 1994, shall receive a cost of iiving atliustment of two percent (26) on October 1, 1994 and shall be placeC into the step plan, Exhibit A, on their anniversary date in year 1994/1995 at a step that proviCes a minimum of a cne percent (19) Sncrease above their regular hourly wage at the time of the anniversary date, and shall continue therefrom, in accordance with the terms acid provisions of this Agreement. Employees hireC after October 1, 1994 shall enter Exhibit A et the appropriate pay step as determined by this Agreement and the City Manager. 28.2(a) Entrance salary determination. Except as provided herein, the original appointment to the classif SCetlon of fire fighter or engineer will be made at the entrance rate and advancement from the entrance rate to the maximum rate shall be by successive steps. The City Manager may approve initial compensation at a higher rate then the minimum rate in the range for the position classification when the needs of the service make such action necessary. Such decision shall not be subiect to the grievance or arbitration provisions of this Agreement. 29.2(b) Pdvancement within a salary range. Advancement within the merit step plan shall occur no sooner than twelve (12) months from the employee's date of hire or date of last increase, provided the employee receives a satisfactory or above performance rating from the Fire Chief, end such advancement Ss approved by the City Manager. Thereafter, employees who have previously advanced to the too step of the pay plan shall be eligible for an annual three percent (31) one-time bonus twelve months from the date of their last increase. The annual bonus shall replace step movement and shall be contingent on continued sail sfectory service. The bonus shall not be paid in ilia employee's base rate of pay, rather the bonus shall be paid in a lump-gum on the 40 ARTICLE 27 HILEAGE ALLOW NCE 27.1 Employees tllrected by the Fire Chief or his designee to uae their private automobiles for Fire Department business, shall be compensated et the rate of 5 .27 per mile. 39 ARTICLE 26 CAREER DEVfiLOPMENT/FIRE INSPECTOR 26.1 Upon presentation of an official transcript and proof of degree to the Flre Chief, each employee in the bergalning unit who receives an associate degree from a college, which degree Ss readily Sdentifiable and applicable es a fire-related degree, as outlined Sn policy guidelines of the Division of State File Marshal of the Department of insurance, shall receive a 550.00 pec month career development Sncentive. 26.2 Upon presentation of an official transcript and proof of degree to the FSre Chief, each employee of the bargaining unit who receives from an accredited college or university a bachelor' degree, which degree curriculum includes a maior study concentration area readily identlflable and applicable to fire-related subjects, as outlined Sn policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a S110.00 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. 26.9 A bargaining unit employee who possesses a Florida State Certification for fire safety Snspector will receive 5100.00 per month incentive pay for each month the employee Ss assigned and performs fire safety inspections. 26.5 Fire department personnel that receive and hold Florida State Certification for Flre Officer One shall be paid an additional 550.00 per month above their regular base wage. 38 ARTICLE 25 TRAINING AITJ PHYSICAL FITNESS 25.1 It is understood by both parties to this agreement that training is a necessary and vital part of a fire fighter's job. It Ss also understood that training Is considered work Sn the context of lob requirec~ent. 25.2 It is also understood by both parties to this agreement that fire fighting is a most strenuous and stressful form of work conducted in sdverse conditions. Both parties recognize the need for an ongoing physical fitness program. The CSty agrees to maintain the current training benefits enloyed by the members of this bargaining unit at this time, except as otherwise provided in this Agreement. 25.3 Required training hours shall be considered hours worked for purposes of Article l~, and employees shall be compensated accordingly. 37 ARTICLE 24 Ei~LOYEE MEALS AtTJ CIiY VESICLE USE 24.1 Bargaining unit members may use a City vehicle for transportation to and from an eating estabilshment in Atlantic Beach or Neptune Beach if a meal period occurs during the employee's normal working hours, and the employee, due to a particular vehicle assignment, has no access to a private vehicle. Also, ff an employee is working in the field and return to the normal place of work is Smpractieai, a City vehicle may be used for transpcrtation to acquire a meal. 24.2 The FSre Chief shall have the discretion to determine when bargalning unit members shall leave the fire station under Section 24.1. The Fire Chief shall take Snto consideration the advecse effect on the operation of the department and the need fcr completion of work assignments when making his determination. 36 ARTICLfi 23 UNION TZNE POOL 23.i All members of the bargaining unit who are not on probation as new employees may contribute 12 or more hours per year (either from personal leave hours, or co~ensatory time banks) to the Union time pool. Provided that the maximum number of hours which may be accumulated in the pool under this Article is 216 hours. 23.2 This leave will be computed and placed in a bank on the 1st. of October each year. 23.3 The FSre Chief shall have the discretion to grant or deny use of pool time. The use of Union TSme Pool time Ss subieet to written approval by the union president or hSS designee. 23.4 Union time pool hours not expended during the previous year will be compounded onto the new bank of hours beginning October 1 of each year, provided the maximum accumulation set forth in Section 23.1 Ss not exceeded. 23.5 The City shall have the tight to review this Article each year and to eliminate union time pool if it becomes an excessive edministrative burden to the Clty. 35 ARTICLE 22 AUTOMATED PAYROLL DBPOSIT 22.1 22.2 22.3 If the bargaining unit member chooses, he may request automatic deposit of a portion (but not all) of his payroll check Snto the finenclel establishment of his choice. The bargaining unit member will provide the City of Atlantic Beach with the appropriate forms from hla financial establishment. Bargaining unit members who choose to discontinue automatic payroll deposit may do so with s two week notice to the Clty of Atlantic Beach. 34 23. One (1) Bunker coat and pants. 24. One (1) pair of suspenders. 25. One (1) pair of fire gloves. 26. One (1) pair of boots. 27. One (i) flashlight. 21.2 The City will replace or repair Stems listed above as they become unserviceable due to the performance of the esployee's official duties. Any claim for a repair or replacement under this Section must be accompanied by a written explanation addressed to the Fire Chief setting forth the circumstances necessitating the replacement or repair. 21.3 Any employee who damages, destroys, or loses any furnished article of unSfocm due to carelessness or negligence will replace (or at the satisfaction of the City repair) the article at his own expense, or such cost of replacement shall be deducted from the employee's pay. 21.4 The employee shall wear the articles of the uniform listed in Section 21.1 only for official CSty business, or when otherwise authorized by the Pire Chief. 21.5 Upon termination of employment for any reason the employee shall return to the City all articles of the uniform issued by the City. 21.6 The City agrees to provide for the cleaning as in the past. 21.7 With the exception of undecclothing employees shall not wear articles unless issued to them by the City or authorized by the Fire Chief. 33 . ..~ ~ ~. pn;ZCLE 21 'v:+ZFORMS pi\^J EOUIPMF'NI' 21.1 The CSty will furnish to bargaining unit employees an SnitSal issue of the following upon employment: 1. One (1) white shSrt. 2. One (1) dress pants. 3. One (17 pair of dress shoes. 4. One (;) pair of utility Work boots. 5. One (17 pair of tennis shoes. E. Four (9) blue wort, shirts. 7. Four (c) blue work pants. B. Six (6) T-shirts. 9. One (1) tie. 10. One (;) tie clip. 11. One (1) dozen pair of socks. 12. One (1) raincoat. 13. One (1) light weight Sacket. ;5. One (i) winter jacket. 15. One (i) badge. 16. One (1) set of collar brass. 17. One (1) name plate. 19. One (1) Jump suit. 20. One (1) pager. 21. One (17 helmet with face shield. 22. One (i) PBI hood. 32 ARTZCLE 20 BULLETIN BOARDS 20.1 The IAFF may be permitted to provitle for its own use one bulletin board not to exceed 9' X 3' in dimension, provided the bulletin board shall be located only Sn the day room. 20.2 The Union agrees it shall use the space on the bulletin board provided For herein only for the following purpose; Notices of ZAFF meetings, notices of internal elections for IRFF offices, reports of IAFP committees, policies of the IAFF, recreation and social affairs of the IAPF, and notices by public bodies. In no event shall the bulletin board be used to post political material or offensive material. The President or the Secretary of the Union ace the only authorized representatives to post material on the bulletin board. Said representatives shall Snltial and date all material which is posted. 20.3 The Chief or his designee shall decide whether or not section 20.2 has been violated. Should it be determined that a violation has occurred the Union shall immediately cemove the posted material and the Union may lose its bulletin board privileges. 31 ARTICLE 19 SAFETY AND HEALTR 19.1 The Public Employer grid the Union agree that they will conform to all laws relating to safety, health, sanitation and working conditions. The Public Employer end the Union will cooperate Sn the continuing obiective of eliminating safety and health hazards where they are shown to exist. 19.2 Safety practices may be improved ton from tice to time by the Public Soployer 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 as specified In department operating procedures end safety regulations shall result in disciplinary action, including discharge. 19.3 ~ The Public Employer viii require all employees to be inoculated for the prevention o£ Eepatitis B. The scheduling of the Snoculatlona will be determined by the Public Bmployer and conducted on duty. The cost of such inoculation will be borne by the City. Newly hired employees will be inoculated as soon as possible after employment. 30 ARTICLE 18 INSI7RANCE 18.1 The City agrees to continue to provide employees with a group term life Snsurence policy providing for coverage equal to the employee's annual salary rounded off to the nearest thousand dollars. The City agrees to pay the premiums for the employees' coverage for such Insurance. 18.2 The City agrees to provide group health insurance coverage through an BMO, PPO, and/or other insurance means for ell eligible employees covered under this Agreement, and agrees to contribute to the cost of such eoverege as set forth in Section 18.3. 18.3 The City's maximum contribution for the insurance set forth Sn Section 18.2 of this article shall be set at the per employee, per month premium set by the insurance eacrier as of January 1, 1995. It 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 (181) percent, the Union will return to the negotiation table to negotiate this article no later than January 31, 1994. It is understood insurance premiums assessed by HMO, PPO aM/or other Snsurance carrier during the year 1995 that exceed the amount set on January 1, 1995 per month per covered employee Will be pair for by the employee. 29 Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. Further, the remaining secr.lons of this Article trill apply to such assistance. 28 ARTICLE 17 TUITION AID 17.1 An employee who has achieved permanent status will be eligible to take courses which are approved in advance by the Fire Chief as being related to fire service. Upon successful completion of the course ( grade of "C" or better is required for college accredited or any other grade course), the employee will be reimbursed for tuition and books required by the course Sn an amount of not more than 5100.00 per quarter course or 5150.00 per semester course. The employee shall submit to the Fire Chief a written request to take a specific course, course content and cost, prior to the employee registering for the course to receive approval for tuition reimbursement. The employee must present written evidence of completion of the course and the grade achieved to validate payment from the Employer. 17.2 An employee who does not remain with the City for a minimum of three (3) full years after completion of a course for which he has received educational assistance shall repay the reimbursement to the City at the following rate: Employee leaves of ter one year of continuous service after completion of a course he repays two-thirds (2/3) of the monies received. Employee leaves after two years of continuous service after completion of a course he repays one-third (1/3) of the monies. Employee leaves after three years of continuous service after completion of a course he repays no monies. 17.3 Should there be no funds available from the City Training Fund the City will not be required to reimburse the employee under Section 17.1. 17.4 In the event the employee Ss e1lgiGle for tuition aide from any other source, such as, but not limited to Veteran's Benefits, the payments due under this Article will be reduce by the amount of benefits paid by other sources. 17.5 The City may, in its discretion, decide to provide more tuition aid than the amount specified Sn Section 17.1. 27 1. Consideration of degree of responslbillty of employee/employer. 2. Obedience to or violation of laws, statutes, or ordinances involved Sn connection with the causes of such QSSab111ty. 3. Obedience to or violation of safety rules and regulation of the city which are involved Sn the cause of the dleab111ty. 4. Obedience to or violation of any Department rules, regulations end policies procedures, or instructions to the employee by supervisors involving the cause of the dleab131ty. To apply for apecinl benefits, the employee shell submit a memo to the City Manager, with a-copy to the FSre Chief. this memo shall contain sufficient information to allow the City Manager to determine the employee's actions concerning the above factors. The decision to grant or deny epeclal benefits Se not eublect to the grievance or arbltretlon prowl sfona of this agreement. 16.2 Where inlury Is caused by the knowing refusal of the employee to vac a safety appliance provided by the City, the unemployment coopensntion benefits shell be reduced twenty-five percent (25t). There shali be no reduction if the employee can show there were exigent circumstances that precluded the use of a safety appliance. The determination ae to whether the exigent circumstances were sufficient shall be Sn the sole discretion of the CSty Manager. 26 '. ' <:;_ ARSICLE 16 INJURY IN TAE LINE OF DUTY 16.1 Any permanent employee covered by this Agreement Who sustains a temporary disability as a result of accidental Sn]ucy In the course of and arising out of employment by the Public Employer, shall, in addition to the benefits payable under the Workers' Compensatlon Lau of the State of Florida, be entitled to the following benefits: a. When an employee is absent due to compensable in]ury, the CSty will pay 1001 of an employee's average dally earnings for each regularly scheduled work day misaed beginning with the first calendar day of the authorized disability, and contSnuing through the seventh calendar day of the authorized disability. Aowever, in no case shall these payments and those pall through Workers' Compensatlon exceed the employees normal net salary. Any amount paid by the city to the employee which Ss subsequently paid by Workers' Compensatlon shall be reimbursed by the employee to the city. b• .;n employee sustaining a lost time Sniury under this Article may use accumulated Personal Leave Days to cover the time off the lob due to an In]ury until he is compensated by Workers' Compensation. Personal Leave Days can be used to supplement that percentage (33 1/39) of his pay which Ss not covered by Workers' Compensatlon. The request to allow the employee to tlo the above must be made to the Fire Chief in writing. -. In addition to the benefits afforded under section a. an employee may be awarded special benefits by the city if special circumstances are found to exist in the sole opinion of the Clty 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 longer than one year from the date of 1n]ury. Pactors which the City Manager may consider Sn each instance are as follows: 25 15.2 An employee shall be paid at the rate o: one and one- half (i li2) times his regular hourly rate for time worked in excess of a twenty-four (29) continuous hour work shift as follows: i. For any amount cf time worked into the twenty- fifth (25th.) hour the employee shall receive a minimum of one (1) hour of overtime pay. 2. For any time over one (1) hour worked passed the twenty-fifth (25th.) hour of continuous work the employee shall be paid by the quarter increment, to the nearest quarter hour. 15.3 Upon proof of attending court pursuant to subpoena or other court order involving a ]ob-related case, not es e plaintiff Sn litigation against to City, 8n employee who Ss required to be absent from a scheduled work day will receive leave with pay equal to his normal pay for the hours he attends court, provided he remits to the CSty any subpoena and witness fees received. 15.9 Upon proof of attendirg court pursuant to a subpoena or other court order involving a ]ob-related case, not as a plaintiff in litigation against the City, an off-duty - employee will receive pay equal to his regular hourly rate of pay for the hours he attends court. provided he remits to the City any subpoena and witness fees received. 15.5 Upon proof of attending ]ury duty, an employee who is required to be absent from a scheduled work day will receive leave with pay equal to his normal pay for the hours he performs ]ury se: vice, provided he remits to the City any ]ury duty fees received. 24 ARTICLE 15 HOURS GF WORK AND OVERTIME 15.1 The practice of computing hours worked and overtime shall be based on a basic work period for bargaining unit employees which shall be twenty-eight (28) days, antl the tour of duty will be twenty-four (2s) hours on and forty-eight (96) hours of £. Personal leave hours, compensatory leave hours and kelly hours taken off shali be counted as hours worked for the purpose of computing hours worked and overtime. 2argalning unit employee's basic work period is based on the Fair Labor and Standards Act Maximum Hours Standard of 212 hours per work period. Overtime shall be based on this hours standard. The pay plan includes the basic salary schedule as shown in appendix A of this Agreement. The pay plan assumes a work period of 53 hours per work week, however, the use of Rally Hours shall be utilized to reduce the work week of fire fighter cer^onnel to 52 hour on an average work week. Por purposes of pay remuneration and payroll processing, the following shall apply: Fire fighter personnel shall receive compensatory hours Sn the amount of sixteen (161 hours every twenty-eight (28} day work period, here after known es Rally Hours, as a schedule adiustment so arranged es to make the work period average 52 hours cer work week. Kelly Hours may be taken by the employee at the convenience of the Fire Department. Rally Hours may be accrued to a maximum of one-hund[ed-fifty (150). Once the maximum of 150 hours is accrued no further Rally Hours may be accrued and all further earned Rally Hours shall be taken off. When this maximum hours accrued level is reached, Rally Hours off will be assigned by the Fire Chief in increments of 24 hours. All Rally Hours must be utilized by compensatory time off within the fiscal year in which they are earned, unless prior written approval is received from the Fire Chief. Employees shall not be paid for unused Rally Days upon termination of employment. 23 ARTICLB 19 14.1 Employees covered by this agreement may be granted, upon approval of the Flre Chief and City Manager, time off with pay not to exceed three calendar days, in the event of a death in the employee's Smmediete family for the purpose of attending the funeral of the deceased relative. 14.2 The employee's Smmediate family shall be defined as the employee's spouse, father. mother, son, daughter, brother, sister, father-in-law, mother-Sn-law grandparents end any other member of kinahlp who may be residing under the same roof with en employee during the time of death. 14.3 Funeral leave or bereavement leave shall not be charged to personal leave days. 19.4 The employee may be required to provide the Fire Chief with verification of death before compensation is nppcoved. 22 ARTICLfi 13 HILITARY LBAVB 13.1 The employer and the union agree to comply with the provisions set forth in the VSetnam Bra Veteran's Readjustment Asaletance Act of 1974 (formerly the MSlitary Selective Service Act of 1967). i3.2 Employees who by reason of memberehlp in the United States NSlltery Reserve or the National Guard, and who by the appropriate authority are ordered to attend annual training periods, shah 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. 13.3 No employee entitled to miliary leave shall lose the rank, grade, rating or seniority held by him et the time such leave is granted. 13.4 Employees requesting military leave are responalble for notifying the Fire Chief as soon as possible of the dates for such tcelninq period(s) eIW to provide an official set of orders. 21 ARTICLE 12 LEAVES OF ABS$NC$ WITROUT PAy 12.1 Leaves of absence without pay may ne various r?aeons deemed acceptable to managements 12.2 All leaves, with or without pay, must be requested by the employee in writing end must be approved by the Clty Henager Sn writing before becoming effective. 12.3 An employee's starting date will be ediusted for leaves of absence without pay. 12.9 The decision whether to grant or to den a r leave without pay shell not be sub]ect to theequeet for oc arbitration 4rlevance procedures of this Agreement. 20 f. No Personal Leave Hours may accumulate to an employee on leave without pay, or one who has been suspentled for disciplinary purposes. g. Sublect 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. h. An eligible employee who resigns with at least two weeks notice or whose employment has not been 3nvoluntaclly terminated shall be paid for any unused accruals. However, in no event shall the employee be paid for any unused accruals exceeding 960 hours. 1. Employees with more than one year cf service are required to utilize a minimum amount of Personal Leave Hours each calendar year. Cashing in Personal Leave Hours shall not be considered "Ut111zatlon.' Required ninimuma not taken as provided will be forfeited unless otherwise approved by the Fire Chief. The accrual rate of Personal Leave Hours end the minimum amount of utilization of Pecaonel Leave Hours shall be determined as follows: TENURE N87CSmum no. of Personal Ttinlmum Leave Hours Accumulated utilization per each B1-weekly Pay Period year - (provided maximum cap has not been reached) ist year 7,01 0 2nd year 7.01 40 Beg. 3rd through 9th yr. 7.01 40 Beg. 5th through 9th yr. 9.06 80 Beg. 10th through 14th yr. 11.10 80 Beg. 15th and over 13.34 B0 19 ~ ,.. ~e,~ ARTICLE 11 PERSONAL LEAVE HOURS 11.1 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 follows the procedures set forth in this Article and receives prior approval from he Fire Chief or his designee. b. The Fire Chief or the Chief's designee shall have the discretion to grant or deny the use of personal leave hours. Personal Leave must be taken In one (1) personal leave hour or more Sncrements. Approval of leave may be suspended if in the discretion of the Chief such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours. Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave flours used for illneae, the City always retains the right to require medical documentation of the Sllness. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment with the city) or choose to continue to accrue the days up to the maximum arcual level set forth in this Article. For the purpose of cashing Sn accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year ae follows: on the first payday in June, and on the first payday Sn December. Cash withdrawals ace restricted to the excess over 120 hours 1n the Personal Leave Account on the designated withdrawal date. Request forms ere available in City Hall. Requests must be submitted at least two weeY.a preceding each of the above dates. 1B hcliday or compensatory time. 10.7 For purposes of this ArtSCle, all holidays shall commence at 12:01 a.m. on the holiday (as set forth !c Section 10.1) and continue for twenty-four (25) uninterrupted hours for all shift employees. 10.8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 15. 17 ARTICLE 10 ROLIDAYS 10.1 The following are recogni2ed as holidays under the terms of this agreement: New Years Day January 1st. Martin Luther King Day 3rd. Monday in January President's Day 3rd. Honday in February Memorial Day Last Monday in May Independence Day July 4th. Labor Day 1st. Honday in September Thanksgiving Day 4th. Thursday in November Friday after Thanksgiving Christmas Day December 25th. Employee's Birthday Any day that the City Commission may designate 10.2 Employees who do not work on the holiday shall receive at the discretion of the Public Employer either twelve (12) hours pay at the employee's regular straight time hourly rate of pay or twelve (12) hours of compensatory time paid to the employee no later than the first payday Sn December of the year earned. 10.3 Employees who work on the holiday shall receive double their regular straight time hourly rate of pay for each hour worked during the declared holiday. In addition, such employees shall be credited with twelve (12) hours of compensatory time paid to the employee no later than the first payday in December of the year earned. 10.9 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 holiday and the first regularly scheduled working day immediately after the holiday unless the employee Ss on paid vacation, military leave, sick leave substentlated by a doctor's certificate, or other absences excused by the Pire Chief. 10.5 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. 10.6 Bmployees who are on leave of absence without pay or layoff on the holiday shall not receive pay for the 16 vlolatior. of the terms of this agreement. Likewise, the utilization of the Grievance or Arb1t[ation procedures in this agreement for the resolution o£ alleged violations of this agreement shall constitute waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commiseion, the City;s grievance procedure, or any other administrative agency, 9.6 Pr1o[ to initiating Sudicial review by any cOUrt for any alleged violation of this agreement, the grievance procedure must be completely exhausted. 15 pass upon whether the employee or employees concerned actually committed, participated Sn, or were responsible for the act of misconduct. The Arbitrator 1s without 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. par tlclpated in, or was not responsible for, the act of misconduct for which he has discipline, 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. 9.3 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 as described by PERC or Ss not Sn violation of public policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 9.4 The arbitrator will charge the cost of his service to the losing party of each grievance. Sach side will pay its own representative, including but not limited to attorney, and witnesses, Both parties shall share in the cost of a court reporter. Either side desiring a transcript will pay for it. 9.5 The commencing of legal proceedings against the City or any managerial employee of the City in a court of law or equity or before the Public Employees Relations Commission, or any other administratlve agency by an employee, the City's grievance procedure, or group of employees, for alleged violation(s) of the express terms of the agreement shall be deemed a waiver to resort to the Grievance or arbitration procedures contained herein for resolution of the alleged violation of the tares of this agreement. Additionally, the commencing of legal proceedings against the Union Sn a court of law or equity or before the Publie Employees Relations Commission, or any other adminlstra tlve agency, by the CSty or any of its managerial employees for alleged violation(s) of the expressed terms of this agreement shall be deemed a waiver by such employee or the CSty of the ability to resort to the Grievance or Arbitration procedures contained herein for resolution of the alleged 14 ARTICLE 9 ARBITRATION PROCEDURE 9•i 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 Secvlce to submit a panel of seven (7) arbitrators, each of whom shall be a member of the National Academy or Arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this 31st (the grieving party shall make the first strike) until the last name on the 31st 15 reached. 9.2 The limitations of 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 ]obs, 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; (d) Except as otherwise provided, the Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event gluing case to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within two (2) working days after the expiration of this Agreement and has been timely processed. This subsection (d) shall not apply 1f the only issue remaining to be agreed upon following the expiration date of this Agreement Ss Wages; and (e) If the aubiect of the grievance submitted to arbitration concerns disciplinary measures (including discharge) taken against one or more employees, the Arbitrator Se only empowered to 13 Grievance Procedure, the Union may request arbitration Sn writing to the Office of the City Manager no later than ten (10) workl rg days after the response is received in Step 3 of the grievance Procedure. 8.6 It is the mutual desire of the Employer and the Union that grievances shall be ad]usted as quickly as possible and to that end the time limits set forth Sn 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 Included Monday through Friday of each work week regardless of the grievantes work schedule. For the purpose of calculating time limitx, the day on which a grievance, or a reply by management to a grievance, Ss received, shall not be coveted. 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 grievance (or the Union Sn 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 9) to observe the time limits for any steps in this Article without a mutually agreed written extension of time shall terminate the grievance. S•~ Nothing Sn this part shell be construed to public e~loyee from Prevent any presenting, at any time, his own grievances, Sn person or by legal cowsel, to the Public employer end having such grievances ed]uated without the Snterventlon of the bargaining agent, if the ad]ustment is not Snconaistent with the terms of the collective bargaining agreement then in effect end if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances. 12 Step 1 - The grievant shall orally present his grievance to the FSre Chief xlthln flue (5) working Says of the occurrence of the action gluing rise to the grievance, provided that should the acteen 151 onng rise to the grievance occur wh31e the employ dayhoffZ thepgraevante shallbhaveefivel (5)nr,,.orkinghdays~ within return to his job to orally present his grievance. Discussions x111 be Snformal for the propose of settling differences in the simplest and most effective manner. the Fire Chief will discuss and make an effort to resolve all legitlmete grievances PublSCafimployecnd thetFlrefChleftshall orallynt and the xockingcdaysafromithendatettheggrievanccexxasipresented) to h1rt~. Steo 2 - if the grievance is not settled at the first step, the grievant within five (5) xorking days of the occurrence of the action giving rise to the grievance shall present the grievance in xritten from (in compliance with Section 9.4) to the Fire Chief with a copy to the City Mana9er• The Fire Chief or his shallnxithinateni(10)tworkinghdayslofere~eipt ofethed written grievance conduct a meeting with the grievant and the Union President, or his alternate as gove[ned by Article il, Section 1.2 and 1.3, Sf the grievant requests Union representation. the Fire Chief or his designee shall notifworkingrdaysnfollowing thesmeeting later than ten (10) date. Steo 3 - I£ the grievance is not seMtoc~ngt~Ys fromnd step, the grievant within five (5) the date of the Fire Chief's decision shall present the xritten grievance to the City Manager or his designee. the City Manager or his designee shall investigate the alleged grievance and may within five (5) working days or receipt of the xritten grievance conduct a meeting with Public Employer representatives, the grievant and ArticleotlprSection 1~2 and 113eCiftthesgrlevantd by requests Union representation. the Clty Manager or his designee shall notify the grievant in xrlting of his decision not later than ten (10) working days subsequent to the date the grievance xas received by the City Manager. ht~t beena satisfacto[ily resolvedixlthln theiele, 11 ARTICLE 8 GRIEVANCE PROCEDURE S•l In a mutual effort to relations between the provide harmonious working agreed to and underst odrbyeboth this Agreement, St is shall be a procedure for the resolution 8or hat there between the parties arising from an all grievances of specific terms of the Agreement as ~~ violation Article. Provided Sn this 8.2 For the purpose of this Agreement, a defined as a claim or complaint that theePublicis Employer has violated a specific provision of this Agreement, provided such specific provision is not a management prerogative and is subiect to the grievance and acbltretion procedures of this Agreement. 8.3 Grievances ma Y be taken up during the working time of the grievant upon the mutual agreement between the Public Employer and the Union. E.9 All grievances writing and must rcontaingthe fol owinguinfomatlon~ to (e) 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 Sn the alleged violation, end the specific remedy desired by the grievant; (c) Signature of grievant end date signed; and, (d1 Designation of the specific Union repreeentatlve (must be an elected officer or etewerd) if the grievant request Union representation. Peilure of the grievant to comply with this Section shall make the grievance null and void. 8.5 All grievances shell be the followin Processed in accordance with 9 procedure, 10 ARTICLE 7 Rlrt g5 AND REGULATIONS 7.1 The City shall have the right to establish, maintain end enforce, or rescind, amend or change, reasonable rules end regulations and standard operational procedures. 7.2 Palluce to discipline an employee for violation of these rules, regulation and:or standard operational procedures shall not affect the right of the City to diacipllne the same or other employees for the same or other violations. 7.3 Any employee violating a rule or regulations or standard operational procedure may be sub]ect to disciplinary action, Sncluding dismissal for cause. 7.9 Ali bargaining w~1t employees, regardless of union affiliation, are sub]ect to all City rules an regulations pertaining to the conduct of City employees unless apecif lcelly eRempted by provisions of the Agreement. 7.5 All reasonable rights aM pcivileges en]oyed by members of the bargaining unit on this date, February 9, 1994 shall continue if not covered by managements rights, Article 5. ARTICLE 6 PROBATIONARY EMPLOYEES 6.1 All employees shall be classified as probationary employees for the first twelve months of continuous unlntertupted employment. the probationary period shall apply for all employees Sn a new ]ob classification (new employee or an employee who has been transferred, promoted, or demoted. The City Manager has the tliscretion to extend the probationary period an additional six (6) months for cause. Except in the case of a promotion to a new position which is set forth below, at any time during the probationary period the public employer may decide to discontinue the employment relationship with the probationary employee. Such decision to discontinue the employment relationship shall not be subject to the grievance or arbitration procedures of this collective bargaining Agreement. Shorter periods of employment shell not be cumulative. 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 the City Manager or Fire Chief. 6.2 Employees who are subject to a probationary period because of a promotion to a new position shell be returned to the position they held prior to the promotion at the employee's former pay should management determine that the employee is not successfully completing the probationary period. Rowever, nothing shall prevent the Bmployer from diecharging, auepending or otherwise dlac1p11n1ng, the promoted employee during the probationary period for cause. Further, should the 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 the promoted employee's former position. Such termination shall not be subject to the grievance or arbitration provisions of rh1s Agreement. modified or restrlctetl by a specific provision of this Agreement are not 1n any way, directly or indirectly, sublect to the grievance or arbitration procedures, and the Employer has no obligation to bargain over the decision to exercise such rights, functions prerogative and privileges, or the effect of such decisions. 5.3 Any and all aspects of wages, hour, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or conaultetion with the Union. The Public employer 1e not cequired to continue those voluntary eapecta of wages, hours, and working conditions not Sneluded in this Agreement, but which were in effect prior to entering into this Agreement or instituted thereafter, nor shell the employees have any binding right to such matters. 5.4 It is agreed that every incidental duty connected with operations enumerated Yn lob descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific lob descriptions es long as they are IN relation to Fire Department operations end have the approval of the Fire Chief. 5.5 Whenever it is determined that civil emergency conditions exist, Including riots, civil disorder, hurricane condition, or slmller cetaetrophes, the provisions of this Agreement may be suspended by the Mayor, Clty Manager and or Chief of Police during the time of the declared ecergency provided that wage retea end monetary fringe benefits shell not be eusperded. 5.6 The Public Bmployer'e failure to exercise any function or right hereby reserved to 1t, or Sts exerclsinq any function or right in a partlculer way, shell not be deemed a waiver of this right to exercise such function or right, nor preclude the Public Baployer from exercising the acme Sn some other way not conflict with the express provisions of this Agreement. ARTICLE 5 MANAGEl76NT 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 employee, Sncluding the rights to decide the number and location of stations, the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract antl subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; to maintain order and efficiency in its stations and lecatlona; to curtail or discontinue temporarily or permanently, in whole or 1n part, operation whenever in the opinion of the Public Employer good business ]udgment makes such curtailment or discontinuance advisable; to hire, lay-off, assign, transfer, promote, demote, and determine the qualifications of employees; to create new ]ob classifications and to create and amend ]ob descriptions; to determine the starting and quitting time and the number of hours to be worked; to require en employee to take a physical or mental examination, given by a health service, or a physician or paychiatriat selected by the Publlr_ Employer; to assign overtime work; to demote, suspend without pay, and discharge employees for cause (in the case of a demotion, suspension, or discharge decision, the proposed action shall be reviewed by the City Manager before 1t is Smplemented); end to have complete authority to exercise those rights end powers incidental thereto, including the right to make unilateral change, subiect only to such regulations governing the exercise of these rSghts as ere expressly and speclf lcally provided in this Agreement. 5.2 The above rights of the Public Employer are not ell inclusive by indicate the type of matters or rights which belong to and are inherent to the Public Employer Sn its capacity ae manager of the Fire Department o£ the City. Any of the rSghts, powers, and authority the Employer had prior to entering Snto this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modlf led by this Agreement. The inherent and cosm;on law management rights, funetlon privileges and prerogatives which the Bmployer has not expressly ARTICLE 4 6NPLOYMENT GUIDELINES 4.1 A. The Union, its representatives, members or any persona acting on their behalf agree that the following "unlawful acts" as def Sned In Chapter 447, Florida Statutes are prohibited; i) Solicitation of publle employees during working hours of any employee who Ss involved 1n the solicitation; and 2) Distributing literature during working hours in areas where the work of the public employees is performed. This aectlon shall not be construed to prohibit the distribution of literature during the employee's lunch hour or In each areas not specifically devoted to the per£ormence of the employee's off1c181 duties. The circuit courts of the state shall have lurisdlction to enforce the provisions of this aectlon by injunction and contempt proceedings if necessary. A public employee who 1s convicted of a violation of any provision of this aectlon may be discharged or otherwise disciplined by the Public Employer notwithstanding further provisions of this ~r any other agreement. C. No employee organization shall directly or indirectly pay any floes or penalties assessed against individuals pursuant to the provislons of - this article. 4.2 The Public Employer end Union agree that the basic intent of this Agreement is to provide a far 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 end Union affirm the joint opposition to any discriminatory practices in connection with employment, promotion, training or assignment remembe[Sng that the public interest requires full utilization of employees' skills end ability without regei~d to race, color, creed, religion, national origin or sex. ARTICLE 3 NO STRIKE PROVISION 3.1 The Union antl bargaining unit members shell have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, S10M-dON, strike, intentional disruption of City operations, or to withhold aecvices for any reason. Sach employee who holds a position in the Union occupies also a position of special trust and responsibility in maintaining and bringing about compliance with this Article, the strike prohibition of Section 447.505, Florida Statutes, and the Constitution of the State of Plorida, Article 1, Section 6. 3.2 The Union, its officers, agents, stewards and other representatives agree that it 1s their continuing obligation and responsib111ty 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 tluring 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 publicly. 3.3 In addition to the penalties set forth in Section 497.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be discipline, up to antl including discharge, by the Clty. 3.4 The circuit courts of this State shall have Jurisdiction to enforce the provisions of this Section by ex parts SnJunction and contempt proceedings, 1f necessary. 3.5 Par the purpose of this Article, St Ss agreed that the Union shall be responsible and liable for any act Committed by any of their offleers, agents end/or representatives, which act constitutes a violation of State law. City ordinance, or policy or the provisions available to the City under State law, in the event of a breach of the provisions herein, the City shall have the right, without further notice, to suspend this Collective Bargaining Agreement and withdraw recognition from the Association. ARTICLE 2 PAYROLL DEDUCTIONS 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 SS understood that this provision will provide for deductions equal to the number of pay periods per year. The Public Bmployer will submit to the Union the deducted sums within fifteen (15) calendar days. Changes in the Union membership dues and rates will be certified to the Public Es~loyer in writing over the signature of the president of the Union and shell be done aL 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 Employers within two (2) calendar days after remittance 1s received of Sta belief and reasons stated therefor that the remittance is incorrect. 2.2 The Union will Sndemnlfy, 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. 2.3 An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) calendar days written notlee to the Public Employer and the Union. upon receipt of such notification, the Public Bmployer shall terminate dues on the pay date immediately following the expiration of the thirty (30) calendar days notice period. 2.4 No deduction shell be made from the pay of en employer for any payroll period in which the employee's net earnings for that payroll period are less that the eaaunt 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 Snsurence. ARTICLE 1 RECOGNITION 1.1 Pursuant to and in accordance with ell applicable provisions of Part II of Chapter 497, Florida Statutes, the Public Employer recognizes the IAFF as the exclusive collective bargaining representative for those employees Sn the unit certlf led by PSRC (Certification NO. °17) in the Atlantic Beach Pire Department for the purpose of bargaining collectively in the determination of the wages, hours and terms and conditions of employment of those public employees within the following bargaining unit: Included, All regular full-time fire fighters and engineers employed by the City of Atlantic Beach. Bxcluded: Fire Chief, fire lieutenants, end all other employees of the City of Atlantic Beach. It Ss further understood and agreed that the president or the alternate of the IAFP will be the offielel spokesmen for the Union 1n any matter between the Union end the Public Employer, only however on the matters which the Union has authority regarding its membership. The President shell designate In writing the name of the alternate. 1.3 Any alternate shall be designated by the Union in writing. The period of time covered by such dealgnation shall be included Sn the written designation. A written list of the accredited officers end representatives of the Union shell be furnished to the Public employer immediately after their appointment end the Public employer shall be notified of any changes of avid representatives within ten (10) days. ARTICLE 1 RECOGNITION 1.1 Pursuant to and Sn accordance with all applicable provisions of Part II of Chapter 997, Florida Statutes, the Public Employer recognizes the IAFF as the exclusive collective bargaining representative for those employees 1n the unit certified by PERC (Certification NO. NN-92- 068) in the Atlantic Beach Fire Cepartment for the purpose of bargaining collectively in the dete[mination of the wages, hours and terms and conditions of employment of those public employees wlthin the following bargaining unit: Included: All regular full-time fire lieutenants employed by the City of Atlantic Beach. Excluded: Fire Chief, fire fighters, fire fighter/engineers, and ail other employees of the City of Atlantic Beach. it Ss further understood and agreed that the president or the alternate of the IAFF will be the off iclai 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 Sts membership. The President shall designate in writing the name of the alternate. 1.3 Any alternate shall be designated by the Union Sn writing. The period of time covered by such designation shall be Sncluded in the written designation. A written list of the accredited officers and representatives of the Union shall be furnished to the Public employer Immediately after their appointment and the Public employer shall be notified of any changes of said representatives wlthin ten (10) days. AGREEMENT THIS AGREBMSNr is entered Snto this ayll of urir~ 1995, between the City of Atlantic Beach, hereinafter referred o as the Public Bmployer, or City, and the International Association of Fire fighters, Loeal 2622, hereinafter referred to ae the Union or Association. It Ss understood that the Fire department of the City of Atlantic Beach is engaged 1n furnishing essential comfort and general well being to the public and both parties hereto reeognize the need of continuous and reliable service to the public. It is the intent and purpose of this Agreement to set forth herein basic and full agreement between the parties concerning rates of pay, hours and terms and conditions of employment, and to provide for equitable and peaceful adjustment of differences which may arise. There shell be no lndivlduel arrangement contrary to the terms herein provided. Mhenever a male pronoun is used in this Agreement it shell be construed to include reference to both sexes. 25 ......... TRAINING AND PP.YSICAL FITNESS .............. 37 25 ,,,_,,... CAREER DEVELOPMENT/FIRS INSPECTOR .......... 38 27 ......... MILEAGE ALLOWANCE .......................... 39 28 ........ WAGES/EMT OR PARAMEDIC INCENTIVE ............ 40 29 ..~. ..... ALCOROL AND DRUG TESTING .................... 44 30 ........ CODE OF BTEICS AND USB OF CITY BQUIPMBNT •••• 98 31 ........ SBVERASILITY ................................ 49 32 ........ ENTIRE AGRSBMENT ............................ 50 33 ........ DURATION OF AGRBBMENT ....................... 51 TABLE OF CONTENT Article f Article peQe ........ ..... AGREEMENT ...........................-. ..... 1 1 ...... ..... RECOGNITION ............................... 2 2 ...... ..... PAYROLL DEDUCTION RND DUBS ................ 3 3 ...... ..... NO STRIRB PROVISION ....................... 4 4 ...... ..... SMPLOY!lBNT GUZDS LZNBS .................... 5 5 ...... ..... HANAGSMSNT RIGHTS ......................... 6 6 ...... ..... PROBATIONARY B!Q'LOYSBS .................... 8 7 ...... ..... RULES AND REGULATIONS ..................... 9 B ...... ..... GRIEVANCE PROCEDURE ....................... 10 9 ...... .... ARBITRATION PROCEDURE ...................... 13 10 ..... .... HOLIDAYS ................................... 16 it ..... .... PERSONAL LSAVS ............................. 18 12 ..... .... LEAVES OF ABSENCE WITAOUT PAY .............. 20 73 ...... ... HZLITARY LEAVE ............................. 21 14 ...... ... BEREAVEMENT LEAVE .......................... 22 15 ...... ... HOURS OF WORK AND OVSRTIMH ................. 23 16 ...... ... INJURY IN THS LINE OF DUTY ................. 25 17 ...... ... TUITION AID ................................ 27 18 ...... ... INSURANCE .................................. 29 19 ...... ... SAFETY AND HEALTH .......................... 30 20 ...... ... BULLETIN BOARDS ............................ 31 21 ...... ... UNIFORMS AND SQIIIPMENT ..................... 32 22 ...... ... AUTOMATIC PAYROLL DEPOSIT .................. 34 23 ...... ... UNION TIME POOL ............................ 35 29 ...... ... BD7PLOY66 MBAIS AND CITY VSHICLB USS ........ 36 10. 1o addtioe m the Paymmm ie Lieu a raan and is fuller mmieuatiao for the Public aravita aad fialkin fmokhed aad m be fumishrd m tetpea m .u ro Amml Cam@attiom Coatata had bem eatped into y P1p1°tt for whieb Local Aathotiry aad PHIH}. Drior m Aoguv 2, 1954, 6avreo de aoch Au)ara(ta ~Pymrnt m full aall abGptioos a the i.ad Authority is ocootctioo.kh D» Paid by PHUD io aotrraWtom ~ Dlud6cd ao0 until the total ama0at aaanual comedian vkh tnrJ, Pmjst u eum aof m ~ ~~ hu been rtpaid. (a) W nzeipa iu mammauce, or , and far tmaorobie t~stva meRfor, .ddp 4~ oPe+atiuu. and m the Mutdeiplky m behalf a the icnl public bode whirl hoe ooatimttmd m antfi rhich PHUD and sots ~ ar ~~' m PtcPottioa m the aapepm taauihmico m ouch Pttry'ect, e*nPt for Pobsc badiea hate male m anrh Pmjed, and (b) m dem io epdi LAnI ~ Wmdbttea fa ac6 Ptged, mall be iucuttM by me Cl) H, a our tiaee, m Ptojdx o<our part themof u m41, meh pb m.o x m the teapoodbm bid7er tller adrvtitog, or m by ma,td •,hte u aPPmred by PHUD, am a pm(oee ld• of ack We, m~hn rkh aq incves. aflc application m any o°titimd~y debt >• P~'ided in cLuae 1(a) of mis Secrim l~~ III bepoid m PHUD aed Ioal iod'c bodin me lonl public bode ahN tax tamed Weir ~ me a~ m 6c paid b PHUD and tt'.gRttive total comnbatioo m aorL Ptged; am C~ a thn Settiool0 a~abaLL diwmam me D+Ymeot+uvdemkptuwammcWtes (1) PmPattim b thefr netpeetive Wmdbotiom to arL R~ ~ 7) m ai(mA Wk A~at•~atl~owdm amm d~r~d the mrr funs above wrimu. (SeAy CITY OP A1IANIIC HBACH. PIARIDA Lyman r. Pldcher Mayor Maut~ 8iag lCim O. Isie6ac6 City Ckxk ~J T88 HOUSHN3 AU7HOR17Y OP ]ACKSOPNH38. PW¢mA (BRAE) Arid Hicks Assent: ~a lY:a star: ~7 aafery, and Cu) mate such changes b any zoning of the silt and arrwodiog terntory d sorb Project as ale leasombk and oeansry for the devdopmat and proeectioa of such Purled and the mrrounding tertitory; (~ Aet<pt Grants d easements necessary (or the developmem of such Rules: and (t) Coopdate with the I.onl Authory by such odld lawful action or ways as the Muabglality sad she Laol Authority may fW necuary k mooe[fioo rich the devebpnrdo and adminiyratitu of arch Project. 6. In tmpect m my Project the Munitipaliry fudhv agrem that wiNio a reawmbk time after recut d a vaam mgitmt themfor from the Lon) Authoriy: (a) ll will aaayt the dMkation d all invaior rtreds, tmda, a1kY4 aM adpcat asdevalts wlNm the am d oath Prola%, mgdm vah al murm and taoaary fewer room m nlch dedr~ted arras. aftu the I.aal Alahaay, n m ow tapmse. has wmPlntd the gndiag, impmveaem, pavag, am rrutallamu thneof m aowrdarre w0h ryxiftatioos aottpubb m the Mmsiripluy; lb) L will araxyt oxaury ded)naooa d land fm, and will grade, ®prove, pave, and provide adeerallos for. aU shads bowdiog such Proled a aaxamty m pmv)de adequak access thmdo Cm toosidrruioa vhdepf the Idol Authorty shall pay m the Muo"rgplity such amoum as would he aaae>md agaiun the Project slur for alc6 voh if n1U site were plvatdy owpol; and (c) b will provide, or none m be prov)ded, voter maim. aoO storm and emhry aewc Dues, kad'mg b alc6 Project and rtrvicmg the bouadkg nrert 16omf (m oomidmatiou vhaeof the Loot Authgiry atoll Pay the Mmiapal@y ~ amooa u would he aoecttd agatln the Project ate for mrb wort if mch rht vem pavndy ov„eQj, 7. Uby reason d the MtrncipoGty's failure or rnfunl b furairh or auae m be mmished say public aervicra a fatlliaea which it hu agree0 hddlodu m foroish or b amt m be btoiahed m the I.ool Authorty or b the tmta4 d soy Prged, rte Lan1 Authority loan say expmae b rlhnio arch aerviou a fidliam then the Loal Auhority may deduct the amolmt d sorb expeos from soy Paymem iu lim d 7asn doe m m became doe b the Mmtidplity k roped b mY Rojax «aay other for-rml hW*mB projegs owned «operated by the Loal AMY. B. too CooPetnioa Agmemdo hmnofom stereo imo 6dvem the Muoiripal'dy and the Carl Aothoaty ahW be maatraa0 b apply m avy Rojac coveted by this Agreemeo[. 9. So tag a avy ooatnd bdveeo the Leal Authorty ao0 PHL1D for bum CmclWiog praimimry hero) or amual carrar3altiom, or boN, b aaodaiorl with say Roles remain k tome W eAcd, a ao bog u say bonds iaard k oombctioo with soy Project a ~, osooiu dm b WE PIdUD m maoecaoo vhh any Pro)ect remain unpoW, thu Agle®eot ahal sat bt abrogated, chuged. a modified vYhdo sh cooaeat d PFf(1D. 7Le privilges sad oblignioos d the Mmticipiity `'-- -'- chap remain b toll tome and effect with rcryect b each Project a bog u the bmefirial thle m aoc6 Project b Geld by the Lonl Amhonty a by say other public body or govervmeml agency, iauhdiaB 1'AUD, aubmvnd by Vv b engage b me da'ekPmax or adlydniavnion d by-mat houaog plojav. unsay rime the beorlscial ark b, or poaanaoa d, soy Project is had by atlch Omer publk bony or govcr®eoul agmy, urAudmg FEUD. We Pruviaooa 6deof ahw imrre b the 6cada d sad may be edortrd by, etch surd public body a govdmoeotal agenry, inelading trlfQD. asveoxa and c PaYO (or the Public auvirot aad facilities fmwiWed from t~ b ume M6h[Y[ otb2 aw a fbYEG for Q wiW sapeR b rrh PIO~pG. ro) Rrb meb mw >'asmae m tbm d T.rs m.u ne moos error me em d me Imt s~ mNh6ed for awm rtgeal, aed wB 6e c r amrd egol m other ()i tm ptaaaa (10><) d m a~0epm Sheitr Bonn adaoBS milecoN bd c ao eves m arced the Sheher ]led ahatpd b! the tool ~7 c rtrpeR b rcb PYOjerr dmq rrb fnml yor a C~ Wemoedpemlyd m heptld q appBmble tale tae c d[en r the dre reh pymml 4 sole, whirbear amore h We bwa. (e) tb It7med for ary smr dreg be mode b We INriaiplas m eront d the .mare dtbe rw µapery toot rmrb waald hero her paid b the ' for rch 7rr H the lio)m was tte eetmpe Sam tantioo. (~ Ilpr fm'hne d We law Adholry m o~ ary Pa)meoe to i+m d 7'aan, ao hm ,pct ats 1?rojerl ar aoer d me taw Adhodey Wau attaM, mr dsB aey ctaed ar pevattia amt a aaarb r rmoa Waeaf. 4. The Itmidpaaiy apex Wat tr6et(amt b We dte d iatkutce (r defined c lbe Uailed Sob HrYq /rr1 d 1937. r amended/ derb Ptojxt aad wllhc five seen aflt the oorpk4m tbved, a rrL fatthaperba r aary 6e appal by the PFIOD, Woe bu ban a wig b aBmcotim W appoved bf the P80D) by demoldr, maaemeatiae. e(feraive ~4. m ®pdQ1 repair m bpooveaed, d erde a irdhry drepieS eoib tcsmd c We cwr7 a erdtopotitm arm c which rm IhoJeet io catea. ab~oag' aWl c atmba b tle oemha d wti maRtaeesd dene0cs mh ptaide0 bs ttW 1?rojenY $sfldhi. tht, wbae mom ihm or 4miti H lira c m ore a 6eahWes dw~ rb, We damfoMiaa d rob ®t ahaB rood r the almiaotir d oWa a1W b We rmba d 5r7ir aoeomdoated Warm: aad P~mddOd, fueWa, We the p~yi { MB ad aPNf ie the me d (p rY Prjat developed r We ate da St®rJreed nbrrpre b sds 13, 1949, and Wee We A.eB'm[ eab aBt"omd h she rJaaom d dm doe d aoc6 Rolaa abaB at b coasted r dimco6oe b ens a6a Aojat a avs atha Itsw-ere Yares pojeR, a W~ aos Aujeu laatrd c e trot aoa4® rei 5. Drigds ptaca oommrccS with Wndaeed Weaogtidtioodaws pmdWe aie a Yld d ary Aojea std motlooiq r ton[ r eblta W er0 Aujat i owmd bs a prbfic Gods a iaavrdal apery rd 4 era for bw-red 6rdat PmV~. a Qr) ary codm waves Y Iami AeWOEy and We I~Bf/D far car a aol oode6dloat, m bah. c oometfcn wiW rrb Nolect nmab c ram rd ae4 a Qb~ rp boedt ieoea c maaer4m whh aw3 pojeR a ary oriel dr m PHUD c mamniow wtih rah Aojeu stmt rPod. whirieva pamd b db laspt, We LmHpePes wiWaa rot a ~ b the I.oml Adhairy ar We aetm d rrL T+rojxt (aWa mr Wn Pa)mmr in lim d 71ar) aha0: W RawiW a ~ b be rammed b the law Nshones rd We testa d mrb Aojea parbBe tetv{ma awa faalaiet d We rme ahracia rd b db toes cord r am Gaeimed feor time m der whhaa rot a chop b atlta dwdhop sad ioWbiuau m the brriripaiity; ro) Vaoc arh tell, malt. am eBeso wbc me o d wrb i§o)en r eery be eeoetrryr a>a dmdopmme Weed. sad mars wAod chrp b We litai Aedadq orb idled r We ers hove c rW vataeed alma; rd, helm r h is 4whrBS able m do m tihora rot a expo b WC iaml Amhorits a b We NmkipJits. tlo10 b be t®ovM from sorb .recd ter, bsafar r h coos 6e tretarry, aB pdiic a Ptivdc dr7ks fma aa0 egtipmmt (c) foao4r r the Mric~aiis sus Iawinps do r, U7 Ore orb dariatiooa from We 6m7dioS code d We Lriopeles r w teoaaaobb and aearass b P®am aoooms rd alFkimc~ io ae derelapmmt and adescittrim d sorb PmJeG, and t the nine are rkBmd 6awhh aed belvas ' ~ ao eaOOBrr~r or~iwcaso ~`y d __ 1975, by aed •~-7 and the CI1Y OP AI7.lNIIC BIIACq, PIARmA (her~eioa oiled the WI7NBSSBiA: la moudaapco tithe mutual txmaaeo hadeaftv as (ooh, the Furies hetem do agree u foBowa: t. WhmerN used io thia Agreemem; (a) The tam •ProJax• shall mnn aey bw-ten CrmacLl +stiaaaa d the ~' by the Icol Authority wim Urhae DevHOpmen (perem oOM •PAUD~; dAOUyog and ~ ~-~ h0p~e PtoJta towsed by say muhact for leases aedaad amoal moot eetraed mm 6etwan the laol PAUD, a 9a predetapr agescia, Prior m the thu (b) 1Le O0m Taxing Body ahaB moo the Stem or as tdtmmd aod~ w~ yya ~ tun thumf io which a Rojep is Paaoml PmPmty boas W ~ Y m aaaat or kvy ml or Public elfitrt m 6e bvied tor~ anti bmetd wpb ~~ ~ Project d h was an eaeatp from axatios. (c) the asm •Shtlter>?es• thatl moo the teal loll thugs m a~ oemou ties Projat for drtlliug reaps sad aoodwdlm6 Ras ( atl aha income d tuck Pmfeat), len the coat m the Iao1 Amhonty d aB dwaliag and eepd~,,~g utiliYrs. (~whic6 hrm• phall tune asY aoa when dwaliaga tothyamogmeat erdeaiga, ha7tdv or anitu~ioo~ ~4, ar aq oombmuioo d rhge tattoo. am safety, hahh or morales. m Z. 73e Ieol AutloAty shah todovor (a) m aeaue a coatram a approx~agy Zf) nffi d bw-rend ~6 am ax mom Projapa mmPriaia6 Projema, each d whieh ahaS he mnmd~wrthm'~mero) m ~ ~ admioiau °~' P1pJta a dm*lopetllLe obte~ d°~ m° +~aJawe' +damoo.l P,°~ea' mar eeW+mtidA+'m A9eeam the toW ®ber d ~mro N, ~r ~ ~ ~aod thu 3. (a) Uada the boa am sWrtn d the Slue d Pbrida, all Pmjecb >o exempt from all rW and ~ Pmpaty taxes am getad ap~ta kriad a imPoaed by ~a »oa5'. wah soy , w ~++m ~n the~I o~ qty anti is nred ~ ~-rm `htaudag p ~~ er f°~my wtemeciioo with aurL Pmjea rtm~ama ~ ~ forte ~ ~ lion, or both. io t Projat or avy maada doe b the PAU io wa6 and ~ mmtctiou P ~taxa ora aPacial as ~ up~oe ~ F,oj~eq a ~ ~w PYmen+ (haem c+OM •Pa ~~10~ period, the tool Anthaity phaS cols amnl Ymena ie Iieu of ~°~ ~ ~ d rec6 taxes anti special ~~, DPPIC! OP GBN&RAL COUN86L JOHN A. D6WNBY CRY ORJACaSONYnJI 77SLIaWtaaPtTO0 C3N6RALCOUN58L 1800 CI'rYFIA1L FAY (tq{1680.ITJ1 YRO aA3r1lAY ST7gSl' JACRSONYnJE, FLORIDA JSr02 Jamtary 13, 1995 The Horonbk Lyman T. Fletcher Mayot of Athmtlc Beach 800 Seminole Read Atlantic Heart, FL 32233 Re: Public HwaiDB Coopsation Agreement IXar Sir. ~' that P~ ataivities ate coder the aegis ~ the Jadoonvtlle HwsiDg Amhocdy, we ate tedtatdag aIl agteemals to m6stihr0e the AWhaiy as the aoceeaaor m iotaat to the Cky of Jarlnoav-He m ooopaaticn agreamat with loaf grgh >o Athmtic Bark, we 5nd that the sgeemeots that ahoDld have hero e:et~0ed io 1982, who pdtGc boosittg raids were foot ea[abGshed these, never came i>a<o being. The agrermea was Doodad federal fo® PHA-2481. The mcJosed agteemeag is an enact Dopy atd rausemem oFPHA-2481 which wu dgmd by JacluoavIDe Bach cad Baldwin as March 21, 1957 ad May 28, 1959, respectively. I~eaRmg ~ agrermem at this time wl0 goataoaee We [mr~og and snppat Dot only of cdmog mrua ble ahlo aay projects Wert may 6e funded m the fnbrte. I hope you will find the agtermem ao(xptabk and m atisGcOOry form. If you have any 9*, plax caH me. Upw ta(ecution by Ywr Ch3', Pkaae rebw the agrtemem to me. who signed by the Alltbority we will tettw a copy to yw. Tltattlc yw for your help and coOpaation. Sios/aJVy~,L ~Q~~~ Irma S. Bhtdc Aaaima C,tae:al CDOnsel LFB:a HDrlosure x: Larry Tipping. Sr. Mgmt. Imptwemeat OfTra Jacksonville and request that they sodi{y the agreeeent and return i! {or your approval. ATTACHMENTS: 1) Proposed Hauling Coopersj ion Agrve~ nt. REV~I~EWQED BY CITY MANAGER~l`~ ~ i ~I9/7 ~ AGENDA ITEM NO._ .~{- I ^~~ect~ `,~`~•' .tee ~O ~r.~ ~ Q ~ ~~ u~~P v ~ ~~~ ~~~ ~~. CITY OF ATLANTIC BEACH CITY COMMISSIDN MEETING STAFF REPORT AGENDA ITEM: Public Housing Cooperation Agreement SUBMITTED BY: George Worley, Community Development Director ~~ DATE: March 3, 1995 BACKGROUND: The City of Jacksonville has had cooperation agreements rith the other smaller municipalities within Duval county since prior to consolidation. The City o{ Atlantic Beach has, apparently, never had such an agreement. The proposed agreement submitted to us by Jacksonville requires that Jacksonville attempt to develop a tmenty 1201 unit •Project• of public housing rithin the corporate limf to of Atlantic Beach. Atlantic Beach, for its part, agrees to provide appropriate utility services and to rezone property mhere 'reasonable and necessary for the development and protection of such Project and the surrounding territory'. If the property .hereon the •Project• mill be built, is removed from the tax rolls of Atlantic Beach, the City of Jacksonville mill reimburse Atlantic Beach a variable amount dependent upon the size of the project. RECOMMENDATION: This agreement does not effect any existing public housing units in Atlantic Beach. This agreement, also, seems to strongly imply that any subsequent public housing units ^ill be clustered together as a •Project•. Staff has a concern that, given the very limited availability of vacant ^ultifsmily zoned property in Atlantic Beach, Jacksonville mill desire to site the •project' in a single-family or duplex zoning district. The agreement calls for Atlantic Beach to amend its zoning mhere •reasona Dle and necessary' but fails to specify mho determines rhai is 'reasonable and necessary'. Staff has one other concern ^ith the use of the terminology •Project•. The traditional multifamily housing projects created a isolated pocket of for income housing. These pockets created barriers, physical, social, antl economic, around themselves, and very effectively kept people in as 'ell as out. Staff recommends that the language of this agreement be amended to tmeniy (201 living units mithout using the ter^ 'Project' and that the proposed units be sited in full compliance math the zoning code of Atlantic Beach. Vith your concurrence re will submit these changes to the City of ~ `¢' h RFP - COlOO1NICATIONS COMSOLTANTS Mailing List: Pallam Associates Coaawnicatiom Comultaa[s 10122 Mortltveat 3 Place Coral Springs, F4 33071 Attn: lfark Pallens llr. F.d Howard B.S!@: Three fioodlaw Green Sui[e /102 Charlotte, Morth Carolina 28217 Coswalcatiom Planning Corporative 4160 Svechaide Boulevard Jacksonville, FL 32216 Ayers Coaaamicatiom, Inc. 3099 Leon Boad Jacksonville, PL 32246 Coaawlcatiom Technology Aaeocietes P. 0. Boz 4579 Lynch'verg, vA 24502 Prederfek C. Griffin, P. C. Professional Coasmnlcatiom Comultan[s 3229 Waterloci Road Lynchburg, AA 24502 0lRICOM, INC. 930 Thomasville Road Suite /200 Tallahassee, PL 32303 Barrie McBurney P. 0. Boz 3430 Brandon, PL 33509 Rivet City Co~unicatiom 938 W. Sateu~a Circle Switzerland, FL 32259 C/C Betwrka Coapany 3960 Havy Boulevard Suite i13 Pensacola, FL 32507 SOCS, Int. 1788 Thm~ssville Goad Jacksonville, PL 32303 Ca~i~~tiona Sciences, Inc. 7900 SB 24th Screet Suite 1302 Dav1e, YL 33324 Advanced Da[a Hetwrking 8640 Phillips Highray Suite /8 Jacksonville, PL 32256 /• g) A recoaaw'adation as to what path the CSty should [eke to assure that its coasnnicatione will remain effective for the neat tea to fifteen years. Proposals shall include the pzo~eet duratlon for the total consulting service free the case of selection to the cospletioa of the final reports end recosew:ndaCloas. 1'he proposal shall Include a list of e[ leant three (3) govermeatal agencies to which the consultant has provided consulting services, preferably vith mm espheals oa public safety cosenmicatfoas. The consultant shall provide a 2latiag of the pereomel vho will be perfoning the consulting services, including professional qualifications sad ezpetience of each individual. Iatercated coasultmmte should subsit their gwlifiutioas package to the Purchasing Agent, City of Atlantic Beach, 800 Seednole goad, Atlantic Beach, Plorida 32233, ao later thaw 5:00 PB, Tuesday, - Jmmuary 3, 1995. _ P08LIC EgTITY CRL0i.5 - Aay peraoa eubsitting a bid or proposal in response to this zeque6t suet suture Fare PBg 7068, Sg+OBB STATIIOIl7T iBIDEH SBCfIOB 287.133 (A), pIABIDA STATIR'P$ OB POBLIC YATITY CBIlIPS. This fors 1s available free the Office of the Purchasing Agent, telephone (904) 247-5818. # # # # f # # # # # # # # # # # # # 4 # # # # # # # # # # f e # # # # # PLOgIDA TIMBS-BBIOB: Please publish one tine w Sunday, Deeeeber 11, 1994. Subaltted by Joan LaVake - 267-5818. ~ ~ CITY OF ATLANTIC BEACH REQOEST POH PROPOSALS FOR CONHUNICATIONS CONSOLTANT m. sBAm+oiE xn,a ATLAttfiC BEACH, Fipl~i JI21}yW TEIl~AWNE UHI rfAlaOa FAX (f N) 2/FS!!S The Ci[y of Atlmtic Beach, Florida, requires a Communicatiooa Consultant to provide guidance and direction regarding its immediate needs, and long-term comrunicatiosa goals and objectives. The consultant will evaluate the existing coamuniutions needs, and will examine factors which will lead to a commmica[Sons growth and development plan. In order to coaplete the needs assessment, actions on the part of the consultant will include, but mat be limited [o, [he following: 1. A survey will be developed and provided to all City departments. This questiomaire will provide the consultant with information regarding current equipment, operations, radio usage, manpower, and eommunicatioas procedures. This queationmire should also collect information regarding future requirements and "wish 11st^ to~um£catioas requests. 2. Once [he answers to the questionnaire are analyzed, represmta[ivee of each department will be interviewed in order for the consultant to become familiar with each of the departments and their co®unications goals. 3. The consultant will visit all sites where fazed radio equipment Se located and all locations where dispatch and ^911^ operations take place. 4. An inventory wf ail existing radio equipment will be aade. 5. A radio traffic study will be performed in order io measure current system operations and loading. The City's logging tapes and records used for poYice and fire services will be available for review. Once the information Se gatbered and analyzed, the conaultan[ rill prepare a report which will provide the following information: a) The current state of communications io A[lan[ic Beach. b) An evaluation of current procedures for both radio and "911° ope s Lions. c) An explanation of current and future comnications [ecMologies and how they way relate to Atlantic Beach's requirnente. d) The impact of City and County growth on comvunications. e) Alternative comunicatioas ne[hodologiee. f) Ectimated new equipment costs. December 11, 1994 than p7 an ping for a coordinated, citywide effw t. The remedies for the problems that :merge are typically immediate fixes rather than longterm solutions. F ressi~~g needs have been met with a baudaid approach instead of Duildiuq toward - systematic effort. At this time, there are demands being made by several departments th.<t should be adds essed i^ a timely manner. Zf there was a guiding plan for them, they would be investing in longterm solutions. It is ^y opinion that ac should pursue consulting services for the benefit of the entire City. RECOMMENDATIONS: Ne recommend that we contract with Pallans and Associates to provide communications consulting services for the City of Atlantic Beach. Attachments: List of vendors foi RFPS %G~/~/( Copy of proposal:: frem vc~ndo r~E'~,T~ REVIEItED BY CITY NANAGER: +////,~]~~ AGENDA ITEM: ADDENDUM: Pund ing for chis study has been indeotified from the folloving aceouoca: 001-3002-522-4100 400-4001-533-3400 400-4301-533-3400 Small staff~i i.aited p:. c,onnel Prcfes:ional ct edantials not a.. exCensi ve as larger companies llay have u-r:ulae with deadiir.es due to ether priorities (jobs) Advan t.~ges llc re personalized service Hell known amm~g the various communications people in the area Have ::een their presentations and work product Good rcferencer= Have specific public safety skills and experience with small departments Objective, have no pre-existing agenda or conflicts Price tag of SL~,000 to perform se rvice:~ II. fla yes, Seay, Nattern & liatte rn Disadvantages Large fire, we could get lost in the crowd Already have connections as consultant with the state of Florida and possible agendas with 800 NHz Price t.ag exceeding $21,000 for Services Advantages Large e.taff with extensive expertise from which to draw...flexi bility Already have 1'lorida/Jacksonville connections and know local people Experienced in the public safety communications field Gnod referencr.s (lore formalized procese. and accountability Summary: I am confident that either of these firms could do the job that we need. Both have excellent reputations and credentials. It is my opinion that Pallans and Associates would better serve our needs. They are ^ore affordable, and we have a better chance of obtaining the funding for the consulting services. Both firms were given basically the same set of needs, and Pallans provided a ^ore conservative study and price tag. He have a his*.ory of each department within the city operating on its own rather /~ ,% CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Communications Consultant SUBMITTED BY: David E. Thompson, Chief of Police DATE: February 17, 1995 BACKGROUND: During the budget workshops in 1994, a consistent theme emerged relative to adding or expanding communications capabilities. Various departments around thr city included radios and communications equipment in their budgets. AL the same time, there were a variety of possibilities relative to the direction the City could take in communications. thatswouldlultimatelydcoste thehCityeabouti5130~0001ngTheeCity of Jacksonvilleem was pursuing an 800 HHZ system that would cost over 515,000,000 far countywide emergencies. The Atlantic Beach Fire Department was complaining that their existing communications were inadequate and in need of immediate upgrades. The communications division needed rearranging and upgrading in several areas. Thete was no one employed by the City of Atlantic Beach who had the expertise to direct our longterm communications programs. With these conflicting projects in mind, the Commission directed us to seek a consultant to provide us with guidance for immediate and longterm direction. They set aside about 52,700 for that purpose. In the Fall, we sought to prepare an RPP that would address our overall communications needs. Me asked other law enforcement agencies if they could recommend a firm, and we were referred to Pallans and Associates in Coral sentrout RFPSr to manyt communicationsuconsultantspincludingvPallansc(sec ry, we attachments). Ne found that Pallans and Associates were working in Clay County on their system, and Capt. Campbell and Communications Supervisor Jeanie Brown attended , presentation that they provided in Clay County. Pallans appeared to do an excellent job in presenting information and answering questions. Pallans and Associates is Gasically a small firm comprised of individuals with other fulltime jobs. A second proposal was received, and it was from Hayes, Seay, Ha ttern, & Hatters, Snc. This firm pzovidetl zepre sentatives to come to Atlantic Beach to meet with City staff. They had excellent credentials, and they were a large, national firm. They were very friendly and open in discussions about our needs and goals. After reviewing the two companies, Z a^ confident that either one can provide us with the direction that we need. Ne can anticipate advantages and disadvantages with each type of organization: I. Pallans: Disadvantages / _ / FLORIDA EQUIPMENT SALES, INC. 36 p6 ~;;~,";""~ !NOUSTRiAL 6 PETROLEUM Jecksonnll¢. FbnCa 32206 TO: CITY OF ATLANTTC BEACI~ FLORIDA QUOTE N 1-95-1936 800 SEMINOLE RD. ATLANTIC BCH, FL. 32233-5443 DATE: 02-21-5 PAGE 1 OF I LOCATION: PUBLIC WORKS 1200 SANDPIPER LN. PROVIDE Tt~ NECESSARY EQUIPMENT, LABOR AND MATERIALS TO COMPLETE THE FOLLOWING: SCOPE: CHIP KEY SYSTEM PROVIDE AND DJSTALL (1) GASBOY CHB' KEY SYSTEM FLEET KEY 2 WITH MODEM, CABLE, KEY ENCODER, PRPITER, 50 UNENCODED KEYS, AND CRT TERMINAL WITH KEY BOARD. PROVIDE ELECTRICAL HOOK UP, PROGRAMMBVG AND 8 HOURS OF OWNER TRAINING. TOTAL: 58,040.00 DELEiE GASBOY KEY GUARD Bi BASE BID -1.860.00 REVLSED TOTAL: S¢,j$Q,QQ NOTES: 1. ADDITIONAL ENCODED KEYS WD,I. BE 54.20 EA. 2. FLORIDA EQUBPMENT SALES SHALL FURNISH CABLE AND BVSTALL CABLE TO BUE.DBVG. OWNER SHALL DJSTALL CABLE MSIDE BUDABJG. ACCEPTED BY: DATE: A.f,O SANS f/~n'+/~ i _ i~ OHN K. JEREMIAH PETROLEUM CONTRACTOR iel. c904136as2B9 wss: ~80D12260)BB _ - ' CITT OF ATLANTIC BEACN CITY COMMISSI~I MEETING STAFF REPORT AGERDA ITEM: BID NO. 9495-5 UNDERGROUND FUEL STORAGE TANK AND REMOVAL AND REPLACEMENT CHANGE ORDER SUBMITTED BYs Robert S. Kaeoy/Director of Public Norka DATE: February 28, 1995 BACNGROUND: On February 13, 1995 the Coaaiseion ararded Bid No. 9495-5 Replaceaent of Fuel Storage (Underground) Tanks to Florida Equipsent Sales, Inc. for for bid of 861,200.00 (sixty one thousand tro hundred dollars>. The asount budgeted Eor this project ras 869,000.00. Me are requesting ^ Change Order increase in the asount of 86,180.00 to Florids Equipaent Sales, Ina. to upgrade our fuel aanagesent systes to cosputerizad .anageaent through encoded chip key dispensers (See Attaehsent, Florida Equipaent Sales, Inc. price proposal). The advsntage of cosputerized fuel .anageaent is three fold: 1. Ability to control asount of fuel dispensed 2. Nora accurate and positive fuel control 3. More seeurate and tisely subsittal of consuaption reports to the Finance Departaent RECOW~ATION: Approve Change Order. ATTACRMENTS: Florids Equlpaant Sales, Inc. pri proposal. REYIEYIF>) B! CITT MANAGER- AGENDA ITfiM NO. ~o 1 E i ~ ~ - - -~ - SWbj~ ~~ots .. - t - w - - 1 . ~ z -- 4 ~ ~ _J • ~ r~ ~T 1 - a J L_ _ ~- M i 7 f ~ T 1 T-t ? , ,f ~ ~~ .,~1 r i / 7"T` '! ~; / ~' ~ a ~~ Q- ~ ~: ~ ! ~ ~ i G'~ `~ i ~ \~/ ... - - .. _ . i. --- ~.. y~--1'i--- ~- ~- ~ _~ ~ ~ ~ r r•rnt~ - ~ - - CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Land donation by Reuben Buff kin SUBMITTED BY: George Worley, City Planner DATE: October 21, 1993 BACKGROUND: Mr. Buffkin, owner of two lots in Section H hac offered to donate the two adyoinfng lotc to the city. The two lots, Lots 1 k 2, Block B4, Section H, (southeast corner of Main Street and West Second Street( are zoned RG-1 (allowing duplexecl. His two lots have an assessed value of f13,300 for tax purposes, and have square footages of approxfaately 7,500 for Lot 1 and fi,000 for Lot 2. As a reasonably accurate rule of thumb, the acseased value of property in this area is 80% to 90% of the warketable value. This •ould cake the aarketable value of this property coaewhere between (34,500 and f16,500. RECOMMENDATION: Based on this value and the fact that the city would gain control of two buildable lots for either resale, donation or developaent of a park or playground, Staff reeoamendc acceptance of the offer. In regard to the eventual disposition of the two lots, a suggested approach could be as followc: If tleveloped as single-featly hoses, the lots have a utility assessment of f997 each plus water and sewer impact fees of f 1,550 each, plus a -.apf tai laproveaent charge of (325 each, for a total amount due to the city of f2,872 per lot plus building permits if applicable. It the city tlonated those lotc to Beaches Habitat or the Donner CDC with the provision that the above costs would be paid to the cityy at the tine of construction, we would be furthering an et{ptt Ta increase aooess to hose ownership for low/aoderate income reeidente 1n Atlantic Beech without coating the city or the utility enterprise funds. Thle would be a break even arrangement for the city. ATTACHMENTS: it Map chowing lots aingla-Easily homes be constructed thereon, rould beat serve the needs and goals of the city in that neighborhood. Staff recommends approval of the donation o4 the tro lots to Beaches Habitat. ~NO7E: The impact fees, connection chargrs and assessments •hich Habitat rill have io pay to Atlantic Beach rill total approximately f2,800.00 per lot. ATTACHMENTS: 1. Map detailing locations of lots. { REVIEWED BY CITY MANAGHR ~[ d~ ~~~~~~~~,~ ~~~~R-,~~~~~~J .p AGENDA I TEM N0. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request by Habitat for donation of land SUBMITTED BY: George Worley, Community Development Director DATE: March 3, 1995 BACKGROUND: In October of 1993 Mr. Reuben Buffkin donated tso lots near the south end of Main Street to the city. At that time a number of potential options for the use of the lots sere discussed, including the option to self or donate them to Habitat or the DCDC {or the construction of homes. The lots are currently vacant but overgrown sith vegetation. Both lots abut the eobile home park. Beaches Habitat has expressed a strong interest in obtaining these Iota for construction of tso hoses. Their 1994/1995 building schedule calls for more homes than they have lots available. They have requested that the city donate the two lots to them. RECOMMENDATION: - In preparation of this report staff has considered the potential uses of the property. The two most likely usec are as a small park or for sale for development. The two lots combinetl total approximately 13,500 square feet or .30 acres. The lots abut the mobile hose park. The size of the property will limit any park uses to either a passive park or a playground. The city has recently added the Tresca property to its inventory of potential park/playground/recreation facility property in the Section H area. Several of the larger tracts of city osned land are •ithin three blacks of the tso Iota in question. A number of passive and active park 4aciliiies have been discussed for the larger tracts under city ownership in the vicinity. All [mmediate neighborhood park needs could certainly be met by these larger tracts. The property is zoned for duplex development. 14 St were sold to a private developer it would almost certainly be developed •ith a duplex on each Ict. Tha proposed use by Beaches Habitat is for one Single-family home on each lot. Staff has •orked with Beaches Habitat for the past four years and has found them to be a reliable and consistent provider of new homes for lo• to moderate income range faeilies. This, coupled •ith the limited usefulnmss of thm two lotc to the city, suggests to staff that the donation of theca ~ /i two lots to Beaches Habitat, if th the provision that two /iv/r § &9 ATLANTIC BEACH CODE Sea 39. Lighting requirements an premise. Each vendor licensed to sell aloobolic beverages in the dty, during all times his premises ere open far bumneas or in which member of the public are admitted, shall maintain tort loos than Crn l5) footeandlc of light in all parts of his premises m which members othhe public ere admitted and where the sale of the beverage is Wade or the beverages dispensed or cecumed It shall be unlawful for any such vendor to sell, alter for sale, serve or dispense or permit W be mmumed any ahadadie beverage upon part of his premise unless the same is then e~ there lighted with not lees than five (5) footmodlee oC light. (Cade 1970, ¢ 35; Ord No. 10-90-13, ¢ 38, 42980) Sea 310. Co~Ption w amdor's promise. It shall be unlawful [or a~ person W mmnrme any alcoholic beverage on the premises o[ any liaeaeed vendor encept wiihin: (1) 1Le building which is the addrea of the licened vendor; m ~ Within a reaction area contiguous to the building, sad maintained and eonteolled by the Iioemed vendor ezrlosively far reaeational purposes iarloding but not limited W golCfarilitic, tcnis fsclitia, swimming famlitie, ar other reaeetionel pmpmm. (Code 1970, ¢ 37; Ord. No. 108P33, ¢ 311, 4.2380; Ord. No. 108616, ¢ 1, 9.2386) Editor's rate-0rd. No. 308616, ¢ 1, adopted Sepl®ber 29,1985, reprsied farmer ¢ 310 and remunbexed 45 31I, 312 a ¢¢ 310, 311. Primer ¢ bin we coaaernad with the um of sword-pmdueiag egaipmct autdooce, a~ derived &am Code of 1970, ¢ 36, s~ Ord. No. 1080.1$, ¢ 310, adopted Apra 28, 1980. Bea 311. Com>o~mpdoq posassdon d ap® mnWffi apw pubUc pavperty. It abaB be unlawful for any person W oonarme akoholie beverages upon the public prop e:be within the dty, or Cor say person to be is pasmmion of m open container of an alcoholic beverage upon the public propertie within the dty. Such pablie property shell include, bus sot be limited to, roads, streets, highways, perks sad the Doan beach. (Code 1970, 38; Ord No. 10$516, ¢ 1, &23&5) Note-See editor's note to ¢ 310. (The nest page is 2991 Sup. No. 13 '148 ALCOHOLIC BEVERAGES § 3~8 (b) The foregoing provisions of this section sFraB not apply to any restaurant 1"restaurant" is defined for purpose of this section as being an enterprix involved solely in the preparation, and eerviug of food within the physical conl3nes of that establishment) which derives not less than fifty (50) peroent of gross income from the sale of food prepared, and served on the premises, provided that such a restaurant with a beverage license permitting consumption on the premises of alcohrlic beverages including liquor (hard liquor) shag have a seating rapacity of not lees than one ..unfired fifty (160) eats and overall Oaor em oC not lam then three thousand (3,000) square feet; nor shall the foregoing providons of this section apP1Y W (f~e4' storns or drugstores licensed to x11 alcoholic beverages for off premises consumption only. (Ord. No. 90$273, § 1, 7-2&82; Ord. No. 10.8214, § 1, 1-24A9) State law rderence-Authority to regulate ]oration of alcoholic beverage establish- mmta, F.S. §562.45(21. See. s7. Me..memmt of distances. All distances provided in this chapter shall be measured m follows: (1) With respect to the distance betrrcen a ]oration for which en alcoholu beverage lioeme is prepoxd and a lacetion where such a lioenee e~dats, the distance shall he masured by following a straight Tine from the nearest point of the buildingor portion of a building which is the proposed license premixes W the nearest pofnt of the building or portion of a building which is the esisting licensed pr®iaea. (2) With respell to the disfame between a ]oration for whirl an aiooholic beverage ]iceax is propaed and an established church or sebool, the dietaace shag be ma- sured by following a straight lice from the nearest point of the building or portion of a building to be used es a pert of the proposed ]notion W the nearest point of the grounds contiguous to and a pert of the dturch or school facilities. (Otd. Na. 10.8013, § &7, 42&80) Sec. 8~8. Conditions of e~sting estahBahments. (a) Establishmate in lacetiom presently open Cor badness and where a current valid alcoholic beverage license existed on April 28, 19&1, shell not in any manner be affected by this chapter, nor shall any right of renewal of such licensee be altered or changed by the distance limitations or any other p:oriaion o(thia chapter. fb) Notwithstanding the limitations of Chia chapter, any location shall be approved (or an dcohclic beverage license if in compliance with the caning code and the licenx is befog transferred or moved from a location where a current valid licenx existed prior to April 28, 1980 nor shall the number of times the license may be transferred or moved be limited x long as each new location meets the requirements of Chia chapter with respect to ]orations of churches, schools or existing alcoholic beverage licenses. IOrd. No. 7080.13, § 3-8, 4.2&801 svvv xo. to 247 § 33 ATLANTIC BEACH CODE ~ to be mceumed upon hie premiers between the haure of 2:00 e.m. on Christmas Day and 7:00 a.m. on the deY folkrwing Christmas DeY. sad between the hoots of 2:00 a.m. sa Sundays end 1:00 p.m. oa Suadaye, and between the boon of 2:00 a.m and 7:00 am. on all other days. (Code 1970, § 32; Ord. No. 108413, 433.42980) sea. u Prembea where .alra permitted. sales d aknholie beverages ere permitted on the tollowing premieea: (1) The premise oommealY tmown as Le chateau: 12) The rlnbbon.e site end pco shop dte of the Salve Marim Country Club; (S) The premises omnmamEy known es the San Turtle:, (4) The premrers treated e~ Geatrng oa Atlantic Boulevard from a point two hundred (200) fed sad. of fhe omter line of a street designated Sylvsa Drive, wed W the dty limits: (5) All premierskmted and fmntingoa the htayport Road endin oompliaarawith rhap[c 24; (6) The premises tmmcenly known as Lefiaa's Italian Restaurant so kmg as the sale for camwmptim w premiw d elaobolic beverages is incidental W the ask of food. ((.ode 1970, 4 S8; Ord. No. 10E0-13, 434, 42880) State law rdervmee-An<hmity to re~galefe location of aknhol)e beverage estebliah- - mmte, FS. 4 6624612). Se0. b& Loewtrona whets ao-psa®bea sale. proLihited. No vendor o[eknholic bsverags oonfainingekohol of cet mora then faurta®(14) peroeot by weight e~ wince, regardka d aloohoite ooatamt, for ~Ptroa ce premises, aheR be pcmittad W ovadud hie plea of basicem in the CC rose seat of a lice two hundred 1200) fed sad. e~ paralL] W the o®ter lice of a street de.,igosted es Sylvan Drive, anier Web pleoe ofbuaiow L a reetautaat or delieateoen sad the sak of beer and wine is incidental W the ask of Cood. ((.ode 1970, 4 3~; Ord. No. 10-gO~iS, 485, 4-2880) ', Btate law rdeteaoe-Authority to regulate kratron of sknholie bevtaege edahliab• meets, FS. 4 562.45(2). 8eC. S8. Raariictbaa on lawtlon of rsfabBahmenta. (a) Notwirr.~r.~;^^ the prwiaioru of Shia chapter, no bcatSon shall be approved for en almbolie beverage license. whether for o0 or off-premises ooosuarNion. ualw the location is not lam than: Il) One tbousard Gve hundred 11,500) feet Crum any other location where there exiata n wrrent alcoholic beverage ISoenae; or l21 One thousand Gve hundred (1,500) (set Gum any established school or church. ~^Y'Y' Na 78 246 Chapter 3 ALCOHOLIC BEVERAGES' Sec. 31. Definitlotu. For the purposes of this chapta•, the followirtgwmds and phrases ehaLL have the meanings respeaivdy aeatbed to them by this eeetion. Alcoholic bruertrge license shall mean that lireme issued to n person or loretion by the state division oC elmbolic beverages and tobeooo of the department of business rcgulatiaae. All other words used in this chapter shall be ea defined in 7'he Beverage Law (F.S. Cho 561-568?. (Ord No. 1080.13, § 31, 4.28-80) G4oce reference-Defmitiom e~ rules of eonstrutton generally, ¢ 1-2. Sea 8.4. Home of sale. (e) It shall be unlawful Cor soy person lieeneed to sell ekoholic beverages in the dty to sell, oQ'er for sale, save, give awsy, drspmea or diapwe of alcoholic beverages err permit the same to be consumed upon his prmixs dating the days and thaw listed below: (1) Between the hours of 2:00 am on Christmas Day sad T90 am. on the day following Cbristmas Day; (2) Between the hours of 2.90 am oa Smderye and 190 p.m. on Sundays, a:Dept tbat a restaurant haldinga valid and atrrmt beverage Iicenx may, beginaingat 10:00 em on Sundays, serve Cor conalmpfioa on premises only, champegrte or beer, provided that ehempagce or ben cosy only be nerved with a meal, this being commonly known as a champagne brunch: and (3) Between the boors oC 290 am. and 7:00 am. on all otber days. (b) 1'he premises in which a~ oC the a1,~nMlie bevaaigd ere kept, except such Premiere ea are primarily used e~ co~uded as groaay stores, msrkets or primarily Cor the sale sad serving of prepmed Coode for masumptios thereon shell he saeurely cJseed during each hourq end no person shall be pcmitted fhetdn during each boon for say purpwe whatsoever. euepl. m clean up the premises. W perform nerPaeary tunRione for closing the establishment. or to periorm necessary maintenance. (Code 1970, ¢ 31; Ord. No. 1080-13, ¢ 32, 4-28-80; Ord. No. 10-83-15, $ 1, 214-83; Ord. No. 10.9317, ¢ 1, 2-tY93) State law reference-Authority W regulate hours oC sale, FS. §§ 582.14(1), 562.45(2). Sec. 33. Persons not holding lic^nses to sell. IC shall be unlawful for any person operating for profit, but not licensed to sell alcoholic beverages in the dty. W serve, give away or dispense alcoholic beverages or permit the came 'State law reference-Liquors and beverages, F.S. ¢561.01 et seq. Sapp. No. 13 245 Kiran M. Thakkar 1715 Hodges Boulevard ;601 Jacksonville, FL 32224 February 9, 1995 Rim Leinbach city Manager 800 Seminole Rd. Atlantic Beach, FL 32233 Dear Mr. Leinbach, I am writing this letter in order to request a variance to the city ordinance which requires that there be a 1500 foot separation between businesses that sell alcoholic beverages. I would like to be put on the agenda for the next regularl scheduled city commission meeting to propose an amendment to the Code to allow for a variance. Sincerely, Riran M. Thakkar a ~i- 6 ~3~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for maf ver of distance requirement for alcoholic beverage license. ~~ SUBMITTED BY: George Worley, Coemunf ty Development Director ~G%~' DATE: March 3, 1995 lll~~~ BACKGROUND: The applicant desires to open a convenience store on Sailfish Drive in the block. The store will sell alcoholic beverages. The provisions of Chapter 3, Section 3-6 require a minimum separation of 1500 feet between locations with alcoholic beverage licenses unless one or more of those locations are restaurants with a seating capacity of 150 or more. There is a small (well belom 150 seats) restaurant approximately 400 feet north of the proposed convenience store location also on Sailfish Drive. A similar issue was raised in Juiy of 1993 That situation involved a retail sales business to be located lets than 1500 feet from several existing businesses Iicenced for alcoholic beverage sales. At that time a maiver of the 1500 foot separation requirement mss granted by motion and vote of the City Commission whf ch included a prohibition of son cite consumptions. An amendment was proposed to allom variances, but it mould have applied to all provisions of the Code of Ordinances and therefore mss subsequently defeated. RECOMMENDATION: Staff believes that the 1500 foot aeparatf on requirement of Chapter 3 is necessary and appropriate. Thic type of requirement is standard in many other city`s codes and ^orkc to prevent a congregation of alcohol related buafneemee in one geographic location which often recuitc in nuiaancec that of{act nearby businesses and residential areas. The granting of ^aivers of this requirement will undermine this provision and, therefore, Staff recommends against the requested waiver. ATTACHMENTS: 21 Letter from Kiran Thakkar `//~~i~1' 11 Section 3-6 a~~`~i~ •// REVIEWED BY CITY MANAGER L AGENDA ITEM NO. O R.. CITY OF ATLANTIC BEACH FACm^nr =g~ISSIOII ZO FOLLOV TO.~ z ~ F_ ~.I 11\-- ~ NS~~ FAY`: FROM- ~ov C• rOM1D ~'PA6ES• ~ c r ~ DA?F• 3 ~ ~ - ~~ (TO FOLLOW) - MESSAGE: ~~~ ~~Q~~ /a S A~ ~~-~- vri- / ~~ ? 3.~'~` ~,, , ~L~~~ ~~~~~ ._ _.~.~.~ ,~„o,~a„,~.... .a en w+s :, Attention: Don Ford Dear Board members: At the May 5, 1993 Patsiort Board rttating, the possibility of tan basis Was discussed. Fos this b be e"'a°Y~ Contributing on a pre- Interrnl Revenut Service. obtain' a possible, the plan must file for qualified status with the the System since ye1r ~„ ~~ ~ I'Cd° °f ~terrnination will not affect the operation of Y oPe'+ata as a qudified phut. a favorable 71te Letter of ng letter ~ rtot Ya been started. We can help You obtain Our fee for the filing would be 52,500. This ~l~s the drag of any amettdmatta that might dO a~P~'i~st'ons of~ eL~menta are uwally •clean-W' antendmaus and January 1995 is 5700. After the fil' ~~ ~ ~~• the User Fa b the IRS u of mstartces, Phone calls to IRS ageon and mote • fallow-up warlc nay be rteaied. In some IRS. 11tis fee is depatdent on the ' ~°~• b ate needed to aPpaa the from zao to 52,000. 'Dte total hme tn~~' and for most of our Clients has ban aaywtaxe Ptoaat usually takes anywltene from nine months to a year. If you have any questions or concerns, pkax do not heaiute to atl. Sincerely, . ~~ &ad L. Armstrong BLA/mam ~. GABRIEL, ROEDER, SMITH & COMPANY Actuaries b Consultants soon town ce"te<• Bone loon • sd,mn~ta, raKngpn uo~s • eio-?vy-soon February 16, 1995 FAX Bcerd of Trtutees City of AtlwGC Beach Employaa RGirwlent System P.O. Drawer 25, 800 Saninole Atlwtic Beach. Florida 37133 Attention: Don Ford Dear Hoard manbers: At the May 5, 1993 Peation ]Jcerd meeting, the ptxsibility of employers mntnbunng on a pre- tu basis aunt diaaased. For this m be possible. the plan moat file for qualified srohts with the Internal Revenue Service. Obtaining a Lena of Defr.'mirlaGOn will not affect the opetafiea of the System since yoty plea already operates as a qualified plan. The process of acquiring a determination lent has not yet hero started. Wean help you obtain a favorable Inter of Determination. Our fa for the filing would be f2,500. this ircludes the daft of any amendments that might be lamed aecessarY by the IRS. these amendments ate usually 'clew-up' amendments and do not affect the cost a provisions of the plw. In addition, the User Fa to the IRS as of Jwuary 1995 is 5700. After the filing. some follow-up wok may be needed. In some instances. phone cells to IRS agents and more 'clean-up' amendmmts are needed to appease the IRS. This fee is dependent on the time involved. and for Boost of our clients bas ban wywhde from urn to f2,000. The total process usually takes anywhere from nine months Oo a year. If yw have wy questions a mncerrts, please do not hesitate W call. Sinnncer__ely'', ~~. t7`~~ L. Brad L. Armstrong BLA/mam RESOLUTION N0. 94_1 lpgll~ A RESOLUTION OF TtlE CITY OP ATLANTIC BEACH, PLORIDA CONPI RNINC THE ENDORSEMENT OP THE "CAPETERIA PLAN" CONCEPT AND ENCOURAGES THE CITY CONNISSION TO CONSIDER THE SANE POR PY 1994/95 BODCET WHEREAS, the Ci[y of Atlantic Beach has an ietereat Sn the future retirement of its employees and wishes to improve the retirement system whenever feasible; aad WHEREAS, [he Pension Board of Trustees has solicited and reviewed the cost caleulatione of a "Cafeteria Plan" to alloy pre-taxed contributions to purchase pension benefits; and WHEREAS, the CS[y Comm iasion has expressed an interest in establishing a "Cafeteria Plan" for [he benefit of [he employees; NOW THEREPORE, BE IT RESOLVED that the Pension Board of Tru arses endorsee the "Cafeteria Pian" concept and encourages [he City Commission to coaeider such a plan in the 1994/95 budget process. ..-, Adopted by the PRRnafon Board o£ Trgat Beach, Plorida this ~QTh day of `JCS+CM pE C ATTEST: Maureen King, City Clerk Approved as to form and correctneca: Ci~of Atlantic 1994. [e wtan c. Jensen, Esquire City Attorney RESOLUTION NO. 95-11 A RESOLUTION OF THE CITY OF ATLANTIC REACH, FLORIDA, PROVIDING FOR THE HSTABLISHMENT OF A PRE-TAR DEDUCTION PLAN FOR EMpLOYHE CONTRIBUTIONS TO THH CITY'S PENSION PLAN WHEREAS, the City of Atlantic Beach has an interest in the future retirement of its employees and wishes to improve the retirement system whenever feasible; and WHSRHAS, the pension Board of Trustees has solicited and reviewed the cost celculati io boenefits la Ito allow pre-taz contributions to purchase pens WHEREAS, the City Co®ission has sapresaed an intereat in establishing a pre-tae deductlon plan for the benefit of employees. NOW, THEREFORE, B6 IT RESOLVED that the Atlantic Beach City authorizes funding to be provided indthec City'apopera it ng budget for FY 1994/95 to provide for pre-tax deductions for employee contributions to the pension plan. Adopted by the City comission of the City of Atlantic Beach, Florida, this day of 1995. Lyman T. Fletcher Mayor/Presiding Officer A T T E S T: Maureen King, CMC City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney CITY OF ~Yawtie $iaek - ~letG(at M E M O R A N D U M March 7, 1995 w ssmia~ aan •nwwnc errs, nnam~ nsusw meaara are ~eserrr auc eme xaew TO: Rim D. Leinbach, City Manager ^ , ~ }' FROM: Don C. Ford, Building ^~, Official l `l . '/ bbb~~~ RE: Pension Pre-tax Deduction Plan I have reviewed the cost of initiating the pre-tax deduction plan for the pension with Ann Meuse. Me believe the best method of paying for the plan would be to have the City pap the coats up front. Nhea the plan goes into effect approzimately 9 to 12 months later, the pension deduction would pay the City back. This would time the additional payroll deduction (for the pensioners life insurance policy) with the added money from the pre-tax plan so the employee would see very little change in his take home pay and in some cases may nee as increase. After the initial cost of the pre-tax deduction is paid, the employee's deduction (less than lf) would pay for a pensioner's life insurance policy. A survey conducte3 for the general employees and the police and fire employees revealed that Blt of the employees agreed to allow an additional payroll deduction to pal for coat of a pre-taz deduction plan and a life insurance policy for pensioners. OCF/pah CIii OP A17.A11lIC BPAC9 CI7i CO!!Q$$IOII ltBETING SSATP iEPOY! ` AC17@A ISQ1: Resolution Providing for Establishment of a Pre-tax Deduction for Employee Contributions to City's Pension Plan BOlQSTm n; Don C. Ford OSrR: March 6, 1995 The Pension Board has passed a resolution recommending the establishment of a pre-[ax deduction plan to alloy [he pension contributions from employees to be deducted as a pre-tax contribution. Gabriel, Roeder, Smith b Company has estimated [he cos[ to start this program at 52,500 for [heir fee and a ;700.00 User Fee [o the IRS. Total cos[ would be 53,200.00. when the plan goes into effect approxi- mately 9 to 12 months later, the pension deduction would pay the City back. This plan would save the employee the tax on [he percentage now being deducted from their paycheck. iLQII~SIOA: Recommend passage of Resolution 94-37 AITAtB~IS: Resolution 94-1 PEN passed by the Pension Board of Trustees, letter dated 2-16-95 from Gabriel, Roeder, Smith b Company, and proposed Resolution 94-37. /- / o REYIEUm R CI7S lWACRl: A//Jp 1.~~/~. A -~`I~b ~S 4I~~TT»~~ff~. ~~ wEiss RESOLUTION NO. 95-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA. AFFIRMING THE NEED FOR CONTINUANCE OF THE UNRED STATES ARMY CORPS OF ENGINEERS CONTRACT Wi'IH DWAL COUNTY, FLORIDA TO PERIODICALLY RENOURISH THE SANDY BEACHES OF DWAL COUNTY. W7IEREA$ the Unitod States Amry Caps of eatertd into a oorttract July 7, 1994, wi16 Duaal C,ovdy b periodicaly revourish wish sand the beaches of Duval Cavity, and WHEREAS retrain teAatians in the proposed United Stases budget would arl futtdmg of rraourishrvrnt duties of the lhuuW States Arvty Caps of Fngmars m Fbrida, and WHEREAS Urc uaaasLLy for revwrishvrevt of sand w csrtam Duval Couuty beavJtes u wholly generated by the preaevcs and requireroem of the St. lc8as Rica jciria Ca geverd mvigauov, the Port of 1arJcsonvilk, Fbtida, aad United Stues Naval Stamm MaypotC and WHEREAS resuhm dernaostrated erosicv sash of the St. lahm River will destroy Duval Catmy beaches within twelve b fiBeev years, and WHEREAS the valuable Port of Jadrsavville, rnaimaioed as a necessity by State and Federal ivtaau, is uvlilydy b be ahandmed in the forcenble fimue. NOW THEREFORE BE R RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, as (albws: Seaiao 1. Funds requited fa ma~tiao of the afatraaid rmwtishtoeot a~act be remstinrtod "van the lhtited Stun budge, S u~ao 2. Revavvbtnaa aF the mdy bachec of Duval Couvry oootmre periodically as outlined in the afamid mmact a lean oml mNratt ta®tiov m 2028 Adopted by the City Commission this 13th day of Match 1995. Lymxt T. Fkuhr Mayp/Pretirting OtSar Approved as b form and corratness: Alan C. Jrnsm. Esquire Cm~ Atbrrrn~ A7TEST: Maarten King Cm Clerk 5a. Z CW G a a o ~ 0 N Q W W ~ ~ W ~ a' d LL LL ~ 2 Q Q O W E- 00 U_ ~"' Z 3 a n u ~ O So v°imu>m~°$v~i ~?$ X F ~" l~ fV O O ~ N p C 0 ~ :V a n JJ 6 ~ ~pxp~~x~~~~~~~a~a ~ NO~NN00COfONm~2S G ~ O :~ vi O Ci P> b ~ 0 (V N O >R NO'tD~Nn Ot~i~NV10 S _J h V J N aOZ~:a W E g~F3~zum 5 QO<~Jr ~yKJ UyQf a<ytl1<V 2U x 4 g s f n 0 O J a U J F o ~~~~p(~pp~~pp~y~yxy~y~~ ~ O h ~ n O N O Y: O N O~ C LL ~ C 9 N v n 2~ 0 ~ 0 ~ 0 6 0 tD ~ 7Np~ V ~'-N~ NO ~- N _ ~ .- r r G `t ~ /n C Q Z~Z~n ,., ~ Ocr')aLL C ~ ~ J ¢ r J J U O W LL Q ~ ~~~,Q„~~u ~wu~w~ a ~_, cf wZ €~ N W W I` ~o~ N O O x W N 7NN N J = ~O¢ _o DOS O¢o m v`ia ~• '" Z WC G Q a W 0 W U N W w LL U a W m U Z g Q O a w J S ~"' z O s W Q ~ a ~~RR yyee yyt~ ~~!! 1m ~277v~`RM~abbmP O W 4 ry xLL w JJ Q Y ~~N~~~~~~~Qs~ a y, OOw~ ~e~OC~1 ~ ONNO ' M Q 000~-~Vf<Ef~ONNO ~ J N d' W LL O f ~Z N~ S Q Iq aOZ~ W m N Q J J Q f- J J CJ S mj W w Q C J J a u a O ~8~ ~='.MO^p~8 m O ~ o a o n o. ~ o ~ o r: o C vonoc~n .-o~ cNO~ m K m w LL LL ~ ~: N ~ ~ ~z cn F J ;:; ~~`cz~~r H Q ~ a ~ ~ O a 2'n _~ LL C M ~ !i J r Q F J J U O_ W LL r a' z U 4 J 2 a< H N G S U J i r+0 W u~H w W C~+~1UON Q WwmLLd~a~-Jwm- o ~~S:iz~n?3=»~ r x GW Y H O W g 7 W J '~ ~; ~? o~ s N ;~ a s W ~ Q ~ ~, 0 W jN uo ~ H 4 CITY OF ~tlartla $eatlc - ~lsrLala FmE DEPARTME\T CiD SFMNOLE ROAD ATLANnC BEACH. FLORmA r~ ~\ TELEPHONE (9M12~45fi06 March 8, 1995 T0: Rim Leinbach FROM: John Ruley, Fire Chief RBF: Monthly Report for February Attached is a copy of the data for the run report of February 1995, and a comparison of the runs for February 1994. In addition you will see a report showing current 1995 year to date total and a comparison for the same dates in 1994. As you can see for the month of Pebruary 1995 the Pire Department responded to 75 calls. This figure is about 11E down from the same time last year. (Pebruary 1994) The average response time for the month was 3.69 minutes per call. Comparing our total year to date figures with last years totals, you will see that our call volume is down .54R Our average response time is 3.585 minutes per call. The majority of our calls Nedieal and Pire average between 70 and 73 percent of our call volume for both 94 and 95. In addition to the above activities there were conducted 73 Blood Pressures for the month. s - 4a, CITY OF ~drawtle $iau(c - ~laelda wlamvo~a swn ~Llwxttc s,sca, fsasm~ masse 'msaor¢ ova xts,w dx aq:rssss March 1, 1995 To: Kim Leinbach, City Manager Fe: Tiessy Johnson, Recreation Director Res Usage report, Ca~unity Center, Febrwry '95 Kim, here is a recap of activity at the Hdele Grage Cawuunity Center for the eonth of February, 1995: sROUP/EVexT • ~./ ~ro+Ts s PEaPLe x TDTRL U5E pR Meetings 7 85 9 RBET performances 6 530 55 ABET rehearsals 2 11 1 RBET workshops 11 B4 9 board teat ings 2 23 2 Crafting classes 1 5 1 Cribbage/scrabble 5 30 3 LeLeche group 1 10 1 Reception 1 25 3 Sewinar/Park charette 1 24 3 Teen Council 2 35 y Travel club 2 20 2 Hetlding 1 75 8 TGTPLS 957 300 x Increase/(Decrease) in total usage froe prior eonth (110) a. CITY OF ~Ka.rtie btatk - ~les[da aM sawno~.e anw nnwrmc cam. v~namr ruusws ~m~eo~ aw uasee eax do asses M E M O R A N D U M March 1, 1995 TO: Rim Leiabach, City Manager FROM: Don C. Ford, Building Official RE: Building Permits Please be advised that the fo llowing permits were issued in the month of February, 1995: TYPE PERMIT NO.PERMITS PERMIT COST CONST.VALOATION Nex Sin93e Family 6 20,606.08 1,008,687 New Duplexes New Townhouses Additions/Remodels 5 256.80 29,856 Swimming Pools 2 60.00 19,903 Cosmercial/New 1 5,509.76 261,792 Commercial/Renwdel 2 467.50 20,901 Garage/Carports Demolitions (House) Demolitions (Interior) Demolitions (Commercial) Sheds 1 25.00 Fence 2 20.00 Driveways Signs 2 87.85 Tents Trees Utilities 12 9,855.00 Neils Roofing 5 112,59 16,675 Miscellaneous permits issued in correction with new construction, additions, remodeling, etc: No. of Permits permits Costs Electrical 26 835.00 Plumbing 20 837.00 Mechanical 9 317.00 Inspections performed last month: Building Concrete Electrical Plumbing Mechanical Misc 61 28 49 50 35 6 Occupational License Inspections - 4 INFORMATION COMPILED BY PAT EARRIS - BUILDING DEPARTMENT .. cnr w .a.~ca spa cwt aosusuo~ Erna srur mar A(.OOA ITGI: Building Permits Report SOMIl~[m Ri Don C. Ford ~\lt fin' 3/1/95 1A: Pebruary 1995 Building Permits Report ~YfIO~i A1T~s; KYIOIp R C1T[ MWCa: T, ~~ p~plA/ii~ ~e~~o. ~Q. ~~ CITY OF ATLANTSC RER_[tir CODE ENFORCEMENT ACTriI REPORT CODE.VIOLATIONS 10-1-94 - 2-28-95 OUS PR YEAR TO ~ TE DILAPID D B DG. 5 1 14 AT TRAI 7 6 18 2 0 0 2 0 1 4 AF ARD 6 4 23 ED BU INCSS 0 3 5 I 0 0 2 E 2 3 12 4 2 11 3 5 14 DAMAGED 6 4 16 NT 5 7 26 VELETA ON 2 18 V 3 17 AL 54 54 244 /FAR TO DATE. NON COMPLIANCE-COMPLIANCE ACTIVELY OF.1 N0 .^+(RM.IIT 54 ER ACTIVITY: Number of com lain[s brou h[ into com liante........ 51 Number of vehicles im unded .......................................... 4 CODE ENFORCETffNT BOARD Case /0024 463 Irex Road, Thomas Jackaoa - In Compliance ' ex[ Code Enforcement Board Nee[in -March 7. 1995 Seven cases will be re seated for hearing. INFORMATION COMPILED BY DOft FORD AND KARL GRUNENALD, CODE ENFORCEMENT f. ~_ CIlT OI ~~C ~ Q!! ~SiId IQt~C i7Y- ~ppQ A017O- T~1: Code Enforceoenc Report for Pebruary, 1995 S~R~® ni Don C. Pord ~~ M7e: narc6 1, 1995 .~: Pebruary 1995 Code Enforce~enc Reporc ~YSi4i ATdL1~s; ^CYIOip ti Ci!! NYY'ai /A7n ~ 7 . Ate. 0 ~ ..;a'w>iiii ~ lI~ ~. ~ Q page 2 at Donner Park for three years, and the field is rarely requested or utilized by the A.B.A.A. For several years, I coached Atlantic Beach teams who practiced baseball in Neptune Beach. I am also aware of other teams who have played at fields other than Russell Park. it would be nice to have all of the baseball events in one centralized location, but apparently it is not feasible or mandatory for the success of the program. 3). At the Parks and Recreation meeting on Saturday, February 4, 1995, we obtained numerous ideas from the various interests in attendance. During the entire day, I never heard anyone suggest that we needed to expand the Little League program in Russell Park. On the contrary, there were repeated suggestions that we needed to add supervised recreational programs in other parks. The group wanted more utilization of existing parks, and they wanted to diversify the use of the parklands. Donner~Park appears to have space fora T-Hall field, and adding such a field would be consistent with the ideas expressed in the parks and recreation meeting. 4). My wife is on the school advisory committee for the Atlantic Beach school. One of their suggestions last month was to explore the possibility of upgrading the ball field at that location. They already have a location laid out, but they need to put clay and improve the field. If A.H.A.A. is going to basically build another field, this would improve the school grounds for all of the kids to enjoy during and after school. I discussed this with the principal last week, and she said that she was confident that we could work out arrangements for parking and T-Ball. This could improve access to the recreational facilities at the school for the entire community. Summary: I have attempted to stay out of the politics between A.B.A.A. and the City of Atlantic Beach. Hy family hag participated in the Little League for many pears, and we plan to continue doing so. However, the information contained in the memorandum is accurate, and it may assist you in making decisions relative to the request for an additional T-Ball field in Russell Park. If You need any additional information, please do not hesitate to call. CITY OF r~Ala«tie 6"tack - ~losl~fa POIICE o~Am~wr a+nsxwaou:aoAo A7UN17C BSACEI, PIAamA 8Za.7 TEI~nON6 190er~93a16 M_E N O R A N D D M TO: Ms. Cindp Corey Chairperson, Parks and Recreation Board PROM: David E. Thompson Chief of Police DATE: 2/14/95 BOBJECT: T-Ball field. I hope that the following information is helpful to the Board is making a decision relative to the location of a new T- Ball field: - 1). Last pear, ve had problems with parking in the Russell ` Park/City Ball parking areas. Most teams were scheduled to play oa Saturdays, sad generally teams were varminq up while others were completing their games on the fields. There were numerous times when there vere no parking spaces available for fans, players, or families. When marked spaces were not available, people parked where ever they could find room including in travel lanes, oa grassed areas, and in illegal locstioas. Last year, this created problems with traffic flow, it damaged areas of the park, and it resulted in parking tickets issued to fans. The parking of vehicles in such areas also created a safety problem for children. The addition of a T-Ball field in Russell Park will result in additional vehicles including coaches, umpires, families, and fans. This will simply exacerbate the existing problem. 2). The use of a site away from Russell Park map inconvenience some families, especially these who map have more than one child playing ball. However, fields have been utilized away from Russell Park for many years. Fields at the Mapport Naval Base have been consistently used for qi rls softball games, and the families with more than one child playing (including mine) have made adjustments. A girls softball team hae practiced i " - .. t' T-BALL FIELD PROPOSAL TO: ATLAN"PIC BEACH PARKS AND RECREATION ADVISORY BOARD. ATLAN7IC BEACH CITY COUNCIL FROM: A.B.AA. We propose to ~roa, at no Doer to the dry, a ttew T-Ball League P4Y~6 5ek1 io 7adt Russell Park Sinoe this field will be dedicated to T-Ball ply ady, rt will be moetmaed with the following dwacieristics. • a 45fi. bosetioe vase's 60ft. (Rookie ,ALnor ,Major and Gub Sofibafi). • outfield faking m leas then 90 R • no tights, Babe Ruth Baaebafi P~~ ~ t®e P4Y ~ thm +BelgouP ~~~~~, ' perimder feadog only, no devoted backuops Deeded at this level • grassy iefidd ro better preserve the'Crrea Space' • beaxfia av~l used to seat the teems (4128. shade tree. wtL ba phioted) • Doe or two tier bkxkhas for the peratts • atitoated coat to the Lague -54,000 The add'niooel field will be loomed in either of the two proposed platy disawed earlier, our prdaake would be next to the Terris Couru. 71rs ara would haw: the Iast impack w the available opa ara exiatmg m ]adr Russell Park today. In addttioo to albwimg us to redone We sintiber of gems for the Major k+B~+e Pia. it ~ t4 Y~ ~ &aP e dediemed 6ek1 of thou Dan that they ion practice and play as without mterferenoe from older phiyen. lastly. rt moves our ideas and reaouroes on to Domer Park for the fimne deveJopmat of our Baseball and Sofibafi programs. Mr. Robert S. Rosoy, p,g, City of Atlantic Beach ~ January 25,1995 Page 5 SDC 94-445 mentioned existing system deficiencies. All proposed gravity sewer lines included in this alternate would consist of 8 inch PVC pipe laid at the required elope of 0.40 8. Sewer lines laid at that elope results in a wetwell depth of 16 feet. In an effort to shorten the proposed wetwell, consideration was given to slopealy Gravity lines thatsare notfcoatzollinq werelmai tainedtat 8 inches. Svaluationa of systems using larger sewer pipe sizes (up to 12 inches) indicated that the wetwell depth could only be shortened by 2 feet. III. Stozm Sewer Svstam Review A preliminary review of storm sewer improvements proposed by C82H Hill indicates that the location of both existing and proposed structures should not presegt any major problems with implementing any of the proposed sanitary server improvements. C82H Hill has proposed upgraded storm sewer structures ir. the vicinity of Poinsetta Street between Park and Sturdivant Avenues, Sturdivant Avenue near Sherry Street and along Sherry Street Implementing improvements proposed by Alternate No. 2 (exclusively gravity system) would, at a minimum, require keeping the two existing conflict manholes namely, Manhole No.'s 72 sad 77. However, implementing improvements proposed by Alternate No. 4 (gravity system augmented with lift station) should not require these conflict manholes because of the redirection of gravity lines in the case Manhole No. 77, and deeper trench cuts in the case of Manhcle No. 72. Locations of additional possible conflict manholes include the intersection of Park Avenue and Poinsetta Street, Sturdivant Avenue near Manhole No. 75 and Sherry Street near Manhole No.'s 20 end 37. The actual number of conflict manholes that would be required would depend on the actual location and depth of the upgraded storm newer strncturea and the type of sanitary sewer system implemented. An obvious advantage of a lift station-based system over an exclusively gravity flow-based system is the flexibility of design afforded by the lift station. With regards to the proposed storm sewer improvements, this flexibility translates to minimizing the number of conflict manholes required. IV. Prelimiaarv Cost Estimat Preliminary opinions of probable costa were calculated for the two alternate solution judged to feasible based ~on the above discussion. These cost estimates are ae follows: Mr. Robert S. Rosoy, p.E. January 25,1995 City of Atlantic Beach SDC 94-445 Page 4 2. The next scenario considered splitting the flow at Manhole o. 80 (Poinsetta Street between Seasptay and Park A uea) into northern and southern gravity s t~eme. The nort rn eyatem route would remain unchanged ever, flow from southern system would be r acted to the existing ewer line along Sturdiva Avenue. The objective o splitting the system wo be to re 1 th p ace e single sewer a running along Po' etta Street with two shorter line le hs in an effo to minimize line dro This scenario Y.ow ex the first scenario. southern system would the eyatem into the Sh this scenario is iude~ rom the same problem as ing depth of the proposed eat to allow discharge of t sewer. Because of this, be feasible. The final rerouting cenario con eyed the possibility of redirecting sews flow from the a a of Park Avenue and Sturdivant Ave a directly to the s r at Sherry Street with a gray' line running eastward long Sturdivant Avenue to t intersection of Sturdivant A ue and Sherry Street. he objective of this scenario uld be to elimina the existing gravity line running wean the churc sad school. Again, this scenario is judge of to be asible because the Sherry Street sewer line wou be t - shallow to accept discharge from the redirected Alternate No. 4 - Lift Station with Increased aravit Sawar Slooes This alternate solution addresses problems that can result if the sewer line along Sherry Street surcharges during high flow conditions. Flow blockage and flooding in the upstream sections resulting from surcharging of the sewer may lead to a significant backup of flow with potential overflow into the streets. It should be noted that this problem is not addressed by any of the above gravity flow-based systems, however, the extent of the problem would depend on the actual frequency and degree of surcharging. A lift station allows greater flexibility in system design. The proposed lift station-based system is depicted on Sheet No. 3. Existing Manhole No. 73 would be replaced by the proposed lift station. The existing gravity line between the church and school would be replaced with a force main that would discharge to the existing sewer at Sherry Street. In conjunction with the proposed lift station, redirection of selected gravity sewers was conducted to alleviate other above J ~^1 li z N 11 >~ The City Council City of Atluuic Beseh ~ three ~. ~, ~y~~~~~ uo.f~~'J ~~, - ~ y ZS fi -~ ~~ ~ ~Z Have tn~1 'V i 61 7 House oo. Have eo. Have ta. _ Have ro. The City Council City of Atlantic Beach Page two unde<~atd the Progress bring made toward soh+mg out P~~ We have elected Mr. [.aru Stout (Y21 Magnolia) to serve as our liaison. We aalc that you Please advice us. through Mr. Stout, when Yro Gn address au 9 ~ oonrvns, ~~ by or in a meetutg Thank You. sod we bolt forward to your s'~Y. House ro Have ro House ~~ ~. . Have ro.~ Soggily Y~ e ro.1~' ~.~.~ Have ro. ~s 244-T3c~ Housei~yJkG~~ ZssZ February 24, 1995 HAND DELIVERY The City Council City of Atlantic Beach Florida We, the resdeas ofthe 200 blodt of Magnolia Sued, AtWdic Beach, fed thm is a need ro address a situation emoting w our block thst we have ban eapdimdeg for upwards of 14 years. Sparfically, esYremdy poor drainage, mdm some taws a total Iadt thQeot; u well u iosdequate rrmoff which kava us with Qusgvmes m front of our homes for days wad weeks at a time. Additionally unique to our area m culverts that do oa drain, fitlug with stagmee water sod beoovdog pus for au childrm to stumble ipso. Ary visuor to our strew after a ramstam wi0 teadly tote that lag after Adatic Basch 6ss dried out, our sweet reemios lugdy uodv watt. The soggy tvlverta and pools of stagnate water m mucL more thaw a mtddy mriamce, thry m uodoubtably a breeding ground ofmicroscopic bugs, beams and mosgcutw. Over the yeas, merry of us have ban told various stories regardvg the catrtes of this cnoduion Frankly, we m mt m[awued in the ceusa, but the sohrtioaa As an histariul aadq we aged oundvrs io 1987, approached the dry. and'mitieted the plsamm of"No pekrog w pnvemeri" regulations and sign w om atred. Threafta, many of ua is the 200 bkcdc doubled the width ofata driveways and Dade anatas o the frw[s af'war properties for off road pari®g. Sdreg a good esaotpk, u a mom. The Waddle Oftheblock ia238 - 274 w the moat dde ofthe meet a~ 237 - 273 w the CsM sidq m the bwG4 spots, Colleaotg a~ bokfmg the maprRy of the water after soy rainstorm We have Obadved OVer the yars that Itl matter how ~ or Navy a ramROrm mgbt be, the dram at the south went corner of the 200 bbdc is virttra0y useless ante the carter flows awry from G. For example, when our nei8hbor at 222 Magm6a waaha his tau, the water Sows awry from the dram and imo the driveway at 230 Magnolia Over the years we hive gnonbbd privately about the problem, and Gave oonsiomfty made a phorc cab m the public works depamomt Mmy of us have buih French drains m the frogs of oru yards m a largrly fade effort to ingtovc the dnmage. From time to time we have heard that the dty was study the problem u part of a poteotiafty larger project W ia~rove drainage in the arn. We have reached the point, however, whin ova wish m w0ectivdy voice our oooceros. We m told by the public watts departmrm thu dra®®e m aor odghborhood'u once again under cwsdaatioo by the dry of Atlamic Beach We urge yaw, our elected tepresduYiva, to put eo and ro delays that predate your election to office and which have auetched out over a do>ar yeas, and m implearmt the sohaions proposed'm the sty's most react study of the problem Coilectively, we m not s pertiarlarly `poluiol" grwp and m m interested m being coofrwtatioosl. Ratted, we would blre to i~iprte a diabg with the dry by wlticb we can +.,,., Minutes. Page 11 Y 27, 1995 MAl~ OF I I I V I V COMh4LS. M S Y M . _``"""°'' ~+crilead goals wuld~b~e noP March 6. 1995 at which time d ~'+~nu..f Pry daoolitirn Official, x+e~orted oonoessi.vn std plumbing a~ slab ~ hadl met Rrssell Park, and the had bean discovered that the roof~ol' the bathrooms was rotted anH he i+dicated tine contractor ac¢eed to x'eplac~ the roof £or basis. ~ meted to do this work on art lbtrm: 1~ize eo~ditme of uP to X4,000 for additional uoiic to Plaza a mr roof as batJao~ at Arseell Park, m an aagmcq Oasis The °^°°"^^ was called and the vote resulted in 4-1 with Commieaioner ShaugMesep vo[isg nay. The emotion carried. ~~ 80~/Or iBgaaete fl0a QLY ~IB6jmp~ CLtY lltbomy 87d CLLY CLedc• a• O7scvssrm re]aLive m P~I>oeed rat in faderai fads is b~1 Cloaim amtroj ~ieSiianper WESSS Snggeat2d eVBtyO[a wlite le[ters to aVppDTt dBCrded dd Ze801~1t1On M~nld h2 pllepargd ~It YdtS March 13, 1995. Ca®issiazrr Weiss oomoended plan Sq~S on the work that he had accomplished, a~ he suggested a chain saw be PIIOhasad to assist Mr. Soft3er. C®sissirner Waters felt there was a need to develop soccer fields and he asked staff to cue back to the Commsaim with xecommend,itiens. The>~ bei+g no further business the Ma}tu adjounad the meeting at 11:50 p, m. L~7njn T. Fletcher Mayor/Presiding Officer ATTEST: %I%Ig PHureen I(iig City Clerk Minutes, Page 10 Februazy 27, 1995 Mayor Fletcher suggested that the appointments be deferred until the nesting of March 13, 1995. The oamdssion colxunred. f. Actin on Ie0®datim of Re[seatial Advirioty Board relative th 1~-Ball fie]d Timmy Johnson, Recreation Director, reported the Atlantic Heach Athletic Association (ABAA) Proposed to oonstnxt a T-Ball Field in Jack Russell Park (proposal attached hereto aid made a part hereofl. He indicated the proposal was discussed at the Recreation Adviwry Board meeting. Mr. Johnson ind.i.cated it was agreed hetwees the Recreatioi Advisory Board aid the ABAA that the ABAA would construct a T-Ball Field at Russell park on a teQpczary basis (pile year). Mr. Jotr~su~ indicated fe wncurxed with the Recreation Advisory Hoard under the following oondi.tions: (li th°- Park-in4 prcbl~s must he addressed, l21 RparFwa Soccer Association must be ratified of the relocating of the soccer goals, aid (31 within the ore year period the possibility of P~Ying games at Droner Park world be ~; ~,~~ with ABAA. It was explained the ABAA would address the traffic parking prvbl~s by staggernlg game trines. It was explained the $OGLYr Associatiul indicated pl ~^* of the T-Ball field would rot interfere with soccer games. Fall season ended at Thanksgiving, aid it was *~+Aat~ that the matter be revisited at that time. lbtial: Nrtffi~+~~ T-Ball Field on trial basis for sprioq aid fall gars with clay base lines only; nn pEt~mt atn.r+...va bo ~ instal loci Ucder ,l; a.~.~~ion it was felt bf c~issiuwrs that as lug as the situation was on a te~porary basis support would he given. It was felt try same mmiissira~ers that it was lleoessary to have a fence for games to be played suooessfully. ~11bRi,lian, YlFlm: Approve QllatS+rtim Of fellers DO ~ tapor-ary 7~Ba11 field Followirxl a brief discussion the m,ocr;rx, uas called on the subsidiary motion to approve oonstructicn of fences and the vote resulted in 3-2 with Crnmissioner Shaughnessy and ll~yor Fletcher voting nay. The motion carried. The question was called on the original motion to authorize a T-Ball Field on a trial basis for spring old fall gapes with clay base lires only, and the vote resulted in all ayes. NAME OF COMMAS. M S V Y V N ROSENBLOOH SHAUGIAiESSY WATERS WEISS R ~ FLETCBER % ~ ROSENBLOOH X X SHAUGHNESSY X WATERS X % WEISS X FLETCHER X Minutes, Page 8 EY.bruany 27, 1995 Dorothy Reiner passed out pictures of the Boys and Girls Club in Jacksonville Beach, and she suggested vault people utilize tl~e facility. She felt existing parks sharld be better utilized, and young people should be allowed to use Adele Grage Cavnmity Center. She felt the purchase was unrecessary, and she was opposers tv selling a triangle parcel of city caned ProPertY• Bob dolt indicated the triangle pacel of property order discussion was purchased by a previous Cauoission with the express purpose of being utilized as a passive park. Be felt the city could rot afford to purr~ee the Rirha„Acnn property. Representatives fx~ the Positive Fhvi.ranrrnt C~ittee indicated their desire for the city to purchase the pro~rty and provide a healthy altPSnative for yang people. T17e question was called on the substitute motion to postpore the decisim **•ga+~s.,~ purchase of Ridtardsmr property until March 27, 1995 and to direct staff to meet with the Parks and Recreation Hoard to o~sider the matter, and resulted in a vote of 3-2 with C®nissiorers Waters and Neiss voting nay. The motion carried. Clay Toasey invited cvunissicmers to attend the next Tee Council meeting. b. Appeal of the '--`^:~ of the O~nity ~eoi~r Board to dary a rs]oest fns vari~oe filed by Anita R Brand m o~-t a ~rie®td pordr aid carport at 551-553 David Street Anita R. Brand indicated she wished to construct a screened pcrth and carport in the rear yard of her hom° located at 551-553 David Street, but the proposed stavcQue encroached into the required 20 foot rear yard setback by 14 feet. She felt she was being penalized bi' the more restrictive setbacks inposed upon corner lots. George Worley, City Planner, explained the zoning oomaittee was presently addressing the problaa of canner lots being penalized and that charges would be forU~ooairg. Fie indicated the Cannatity Developcent Board could rot find a tardship in the case order discussion and that it was felt if the variance was granted it would set a precedent. Mr. 4brle-y explained the choice was aside at the tine of construction to build to the line, and giving a variance world be giving a special privil~e to an individual. Ikn ib]Ssm, Chaiaoan of the Cam~urity Development Board, explained the Hoard took its responsibility very seriously, and that they had sctvtirii.zed this request very carefully. Be NAME OF COMMAS. M 5 V Y V N I I Minutes, Page 7 flebnu~+'y 27, 1995 c. Disaa$im and s~gtffit arc;.., dative m acquisition of the Ridiani~ ~_~ *+v Alan Jensen, City Attorney, reported that the Ca®ission had received an appraisal rn the Richardson p~operty. Commissinrer Waters pointed out the property had been made available to the city, after which it would go back on the market for sale. Be indicated the prnprrty was ootoposed of five 5,000 square fnot resident+at lots, and that the rear of the property backed up to the strip shopping caters on Atlantic Boulevard. tie indicated the property was rnt surrounded by residential property as was the Adele Grage r~+m+n+; ty Center. Fie felt because the I~+*am; ty Center was utilized to such a great extent the rns;~*+~I reighbortnod had to bear the brunt of every activity the city sponsored. fie felt the Rid~ardwn property had great q~+th potential. lbtim: Anth~~ pta.ffiase of Ridlaidem property and authorize the City Att®ey and City >®x3eT m offs' beH~ =100,000 and ;120,000 Mayor Fletdri indicated lne was in favor of the purchase but that he would like to identify the source of fords to acquire the property. Cauaissiorer Weiss felt the per foot cost of the property was high cared to the recently aoq~ured Tresca property. Be did not feel it was suitable for tm~;°+-a in the evening, a~ he indicated the Boys and Girls Club in Jacksmville Beads had an excellent facility. camiissioner Shaughnessy felt staff had not had an opportunity for input xegardirg the purdnase. She indicated she had mvry questions regarding the pr~..ed use of the property. Caemissioner Rosenbloan felt reighbors should have an opportunity to express their opinions. Ile indicated the purchase of this property should be a part of a master plan for Parks and Recreation. Fle felt fords should be iderntified as well as the cost of operation. Mayor Fletcher felt since the Camiission had just received the appraisal the matter should be given careful consideration. Sl>bstitnbe lbtirn: dacrsnan r'~+n9 Pyre of Richardson pmoesty utrtil llarffi 27, 1995. Diient staff to met with the Pocks and 1~(39arim HOa~ t11 eofrsld~ Mlle ®ttPS Cannissiorier Waters urged the Caonission to move ahead with the purchase at this time. NAME OF COMMAS. ~ M 5 v Y V N OSENBIAOM BAUGNNESSY ATERS X ISS X ETCHER I I OSENBLOOM X HAUGHNESSY X % ATERS % ISS X ETCHER X X Minutes, Page 6 February 27, 1995 no tuscussion before the Vote. the motion carried unanimously. ~~~. b. tr dived ~ ~ ~ the o0rLSent agenda was n„~„' sly approved by the Camiission. 5• Bctim m ~diaarioes. a• CkdinaacE Nb. 80-95_55 _ p~~ g~ ~1~ 80-92.51 lp ~ ~~_~1II~G ~ai~+m~ ~+ ~ s~anaz zz_n.l m Aepaa~ lr a+ PAOVID2K, AN ~Pemye ~ Fee ; Mayor Fletcher presented, in full, in wti 80-95-55, said o„i;,,a having been ~~ N Ordinance No. 'ter recPri-cements. He opened the floor for a~pub~~ ~~ hearing and irrvited its fmm the audience. A 9vestron ~' ~~ ~ceznrrrcJ the amamt of F qty, to which it was explained the~wwld be no amount of deposits Charged. public hearrng~s~ to ~k further the Mayor closed the !brim: ]lpptpye Pa-4sa~R of Or3inarne I~b. 80- 9.~ 55 No discussion befoze the vote. the motion carried una.,i~.. ly. 6=~, a• ~Pttm of Pinal Mash Ply Mitch Griffin, CN2M Nill, gave an Overview of the Stormwater Master Plan. When 9uestioned the Problems of floodtrg, Mr. Grif~ f ~gl ~~k and effectiveness of the city's system ~~ on maintenance by the warty. An inrn'; r was made n9 whether or rot wst estimates included al cor>wrnt_ wnflicts with water ms's for Commissioner sower, and cable televisior. lines. look at the dr~i~ loan r~yuested that city staff take a close 9e Problems on Magnolia Street. The mnnissiw received the report from Mitch Griffin. A tEl1 minute recess was called at 9:15 p, m, NAME OF I i V V COMMAS. IM;SIy N x X x x~ xl X thnniary ~~, 199s NAbfE OF CONB1iRS. M S v Y v N authority to mitigate because the ordinance did fpt allow it . He felt while the Tree Board had omsiderable powers, it was rot allowed to mitigate. He felt it was net fair for a haoaowner in ore tnre to get relief frffi miti ti ga rn while a reighbor next door did rot get the same crnsideretion. Carmissiorer Bosrnblaua felt the Tree Board should be i g ven srne authority or it should be eliminated. James (7iffiths, owner of the property, felt the Tzee Board had been responsible in its findings in th t b e pas ut that it had been inconsistent in its n~lirv~s. Be added that perhaps h t ere had not been more appeals because Past decisions of the Tree Board 1;ad been reasonable. NOPe yen ~'~orta+u-k, Q~a~rperson of the Tree Board ex i i , p a rr~.3 on-site mitigatim was requested because the Board did rot have authority to regirire off-site iti m gation. She felt a lot of green space had been x~ved frtm the i oonmm ty, acid that the Board mould like to have the optirn to require i m tigation on-site, off-site, or in the form of donations to a fold. With refereroe to the case il di ;m er scussion, she explaired eight trees could be purchased for a i Fprox ~tely X150 each, which would total 31,200, or large trees could be Purchased. She explained the B d b oar elieved it was possible replant trees on the site. It was explained by several residents of Ooaateglk that the 0.earnalk Architectural Review Board reviewEy all new i ~~~ lan P s, ncluding tree ranxal, before pevaits were sought fma the city, thus trees wore ,~ bl, the i re ghhorlnod. Comnissiorns Shaughnessy felt people wtq bright lots with trees were 6eirg Penalized. I Boll Call resulted in a vote of 3-Z with Qamiissimer Waters aril Mayor Fletcher von; ~ na ~ y, ,ion parried. Na}ror Fletcher a;,-o.-+~ staff to meet with the Tree Buaxd in an effort to provide an ordinarroe t o establish an off-site mitigation process as well as a tree bank, or durations to a tree fi.-nd. Staff was instructed to report hick to the Cvmussior. ro la*~r than March 27, 1995. b. ]lppoint~nt m the Oomanity nnusi~,.~~°"' B<~exd to fill car~ired trrm (tem to expire 12/3/95 termrw~ the nmureted Scott F1etcMs to fill an turercpired Comnmity Development Board. Motim: AFppint Soot# PJet~r to ~ tea m the Obi ~~~• fell ty -Board (tea t OSENBI.OOM BAOGBNESSY A1~RS % X % o ~ 12/3/95) % FLETCHER Minutes, Page 4 February 27, 1995 Reny Alteri, 1639 Ocean Grove Drive, indicated a flyer had been left at her house pertaining to the possible sale of a triangle piece of city owned property, a/k/a B1orJcs 2 atd 3, Ocean Grove Unit 1, together with a portion of the rightbfwray of Dewees Avenue. Mayor Fletcher indicated the matter was not on the agenda acd no action would be taken. It was furtS~er explaine3 acry sale of city property would have to be aooaiplished via ordirar~oe which would requi.xe a public hearing. {iili;a.n Mcf~e, 1831 Selva Marna Drive, suggested including a time limit for ootvstnu:tion of the city's Wastewater Treatment Plant. With reference to the extension of Donner Road, he felt the the city should crnply with the design already purchased for construction, and that it world he creating a liability to the city to construct a road which would rot meet city specifications. A question was asked ooncernin9 the current status Of the 16th Street access, to which it was explained city crews world be cavstrur*i ~ the access aId it was hoped it would be empleted by the sumti:r. 3. U~fitiisted Busimss: a. Aamcidesatim of actin on an ap{ieal of the fitditgs of the Tree Ctnv¢vatim Board relative to 7nt 20, iYiit 3, filed by Jars R Q'if£itffi Caimissioner Shaughnessy explained she requested that the appeal appear on the ageida for reconsideration of the Camtission. She explained while she was an advocate of the preservation of trees the issue was wlietk~er or rot the existing o,ai.,a.,,-o allowed mitigation. She felt the crnmi.ssion had the ability to clar~ge the or3irance and make. the language straiger. Motim: Aeml4idPS actin m ao appeal of the findings Of the Try 0:1~vatirn Board relative tD Fnt ZD, Onit 3, filed by Jaes R l;<iffitfis the question was called and the vote resulted 4-1 with Commissi< Waters voting nay. the motion carried. Motion: Aeve~ the dlecisim of the TL~e Board tD require ~tigatim on IOt 20, nit 3, by plant3ry of 25 inr3rs of harrLOOd trees on the site, rith a min;~~ d;amtnr of 3 itdB4 per tree Ca:missioner Rosenbloan questioned the actual authority of the Tree Board. He felt the city should be specific regarding what the Board had authority to do, and that the probl® needed to be addressed. Crnmissioner Weiss felt the Tree Board did rot have the NAME OF COMMAS. M 5 v Y V N RDSENBLOOM R I SHAUCANESSY X X WATERS R uelss x x PLETCHER X ner ROSENBLOOH R SHAUGNNESSY X R WATERS R Wells x x FLETCHER x Minutes, Page 3 February 27, 1995 direct staff to consider charging prequalifying to allow sdditiwial prospective bidders to qualify resulted in a tie vote of 2-2, and thus failed. Mayor Fletcher indicated he had listened to the tape of the meeting of Febzuary 13, 1995 and he had also read the material. Motim: Direct stiff m start tie hiddiig Qsredl= Doer again, Errs the begiming, rsprding the City's i~sba~[ts 'heaf~t Plant, affi tv obanJC the ~.~,.n;f;,9.r;.., th r®oue tfie 60111e rs'a,i.aw,.+t Mayor Fletcher felt exteldinxJ the bidding to t}nee wtside the 60 mile ++~++; ,,.+mont would possibly save the city ¢u~ey by +~^~;.g the number of bidders. Cavaissioner Waters felt while he appreciated the concept of ompetitive biddug, the city had experienced preblms in the past in getting people to ooroe fxaa wt of town to follow up with warranty work. Ne felt placing the 6U mile ,..q,.; **~~^t was staff's way of raving someone local who could be suooessfully dealt with relative tv problems that might occur. Ca~missioner Aosenbloan felt if the i~+i *~*++A^t was lifted qst saving might occur, and that it was up to staff to enforce the contract. Cam~issioner Weiss felt the matter was not on the agenda and thus was a major departure from the roaoal way of doing business. tae felt the city had already made a decision based on staff's remm~dation and the city should respect that decision. Ne indicated he was wn~exned about a six week delay to start the biddug pmoadure over agann, and although the city world probably get an extension fray the Department of Fhvir+onrental Protectia~ (DEP), this was rat a sure thing. He indicated the oamiission did rot question staff when the bid was prepared and he felt the caunission should rely on staff. Co¢missionP_r Shaughnessy indicated originally she was rot in favor of the tootion, but she felt more bids would possibly save the city mor+ey. She questioned Bab Xosoy, Public Works Director, mrrcernirg the time frame involved in the project dud in SdtlSfylrlg DFF pe1]R1ttlllg `'°~^+i *~+pntS. Mr. IC090y arld Jim Jarboe, Deputy City Manager, explairrd the time that would be involved in ov~pleting the project. Commissioner Weiss indicated there were four bidders, and he felt that awardug the bid locally was i~crtant. Roll call vote resulted in 3-2 with Ca®issioners Waters and Weiss voting nay. The motion carried. NAME OF COMMAS. M S V Y V N ROSENBLOON X SHAUGI07ESSY X X WATERS X WElss x FLETCNER X X I Minutes, Page 2 FYhruary 27, 1995 2• I~uomnition of Visitors Clay lbusey, President of the lhrn Council, reported that the off Atlanftit~ ern Caa:cil were to inpmve the lives of teens Beach. He indicated a tennis tournament aId poetry x'ead.ug were planned, and he urged the ornmission to dO~E the Rithaxds~ Pr'cPerty for a proposed teen center. tie invited everyone to attend 1~en Qasnil meetings which were held the first aId third 7hrsday of every month at the Comnu~ity Center. Ria ro;.aa,.a. City Manager, introduced Assistant, Suzannah puigdaper~sch. ~^. trative Inns SWrt, 221 Maggolia Street, Presented a letter fry residents NRlaining of poor drsinage in the 200 blorJc of Magnolia Street (letter dated F~~Y 24, 1995 attached hereto and made a part hereof). Mayor Fletcher adVlBed that ~ Stoao Water Master Plan would be on the agenda and that as.nage pmbl®s of this nature world be addressed. tLr+~dsey, 8787 Southside goulevaza ;3109, requested Section 24.17, Definitions, of the City Code regarding the definition of 'family' to allow three unrelated pmofessiaulve in a ti<u>:e bedroom unit. She explained young PenPle world like to lire together for reasons of e~nrmy. Ma}ror Fletcher advised that the Coati Developoent Board met on the third 11>esday of every month and suggested that Ms. Cadres contact Dun Wolfson, the Crnmuuty ^ievelnp~t Board Chai~~ of the Cade f~i~ the city }~ a ~ttee~to ~d ih.-dinanoes, arc? it was contact George hbrley, City Planner ~thu ctmnittee. D• Russell eurr~, 2224 W. Ooeanforest Drive, requested that the city rwiew plans for cvnstructim o£ a home r~sxt to his hone. Mr. Burch felt set back lions might be violated in that it was his opinion the hours wes too close to the lot i;.n and too large for the lot. Mr. Burch was instnrted to City Manager Kim Leinbach. meet with J. P. t~ridrinli, 419 Sherry Drive, thanked staff for cleaning Howell Pazk. StePtrn M. Bull, Attorney, indicated he anoP „wa before the C ~ss~pon~ orvary 13, 1995. tie explained he reptpsen~ Construction. Mr, B~Wiarton-with, Inc. and Adaos-i3~binson Whzrton-9nith, Inc. and ~u t~ the desire of the expansion of the City's Wastewater Treace tY but ~ because of the city's requirement that Pre9ualified bidders Atlantice ms~tau~ed a local offi,oe within 60 miles firm Heach for the past three years, the flans were not 1 COMEMASF I M I S I Y I W NIIi[Iffi ar 14D3 l~cxnrsR NeerlHC ~ ATlANI'IC E@I® crrx aniuslar HBtD Qi NGNDgY, FFr'a~r 27, 1995 PRESENT: Lyman T. Fletcher, Mayor Steven M. Rosenbloao Suzanne ShaI YT h~Gsy J. Deznord Waters, III, and Robert G. Weiss, (~missioners AEID: Kim D. Ieinbach, City Manags Alan C. Jensen, City Attorney The meeting was called to order bl' Ma}or Fletcher. Tfie invocation was follaed by the pledge to the flag. 1. APiaoval of the ~riotrtes of the 7~e Fleecing of Jawary 30, 1995 Notim: APpcwe ~hps of the Iigssae geatjoy of Jamary 30, 1995 No discussion tefore the vote, The ~ootion carried nna +cly, n,l~coral of the Flll11he8 of the ieatls ter- Of Fi~cvarY l3, 1995 Motion: APp~ ~ of file regular >~eting of PEhcvary 13, 1995 No discussion before the mote. the motion carried iuianuoously. ~y~ ~°`'~'°' spoke oonrnsiurw the operation of the Comnission. Me felt disagreaoent atd public debate was constructive, and that the city's business should be done in the form of a public forun, similar to a tam ~' errv~+++~~t. He felt wozkshops shauld never be substituted £or regular meetings, and that decisions shalld be made at regular meetings, ally. lle explained C®issiorers had the right to submit ita~s for the agenda. He urged o®n; aalOnerS to have respect for each other and for citizens, and he urged citizens to have respect for the legislative process. He spoke mnoerning the historical signifi_arre of Aoberts Rules of order and he read fmn the City's Code of Ordir~ancxs, Chapter Two. Crnmissioner Shaughnessy joined the meeting at 7:30 p. m The Mayor indicated he had lip-ro,.d+ to the tapes of the last meeting of February 13, 1995 atd that the City Manager and City Clerk mould be ooordinatiny a date and time for a goal session at which time discussions would he held relative to v ~ o c T 7 E E D L M S O E T C ~ O Y NAb0i OF O N E N CONd~9iS. N D S O x xl Ixl X x a x x x . , .~ Page Two AGENDA Marc2~13, 1995 Authorize a=station of Public Housing Cooperation Agreesent with the Housing Authority of Jacksonville (George Ylorley ) Ratification of contract between the City of Atlantic Beach and the International Asaocietion of Firefighters, Local, 2622 (Copt. Campbell) Authorize purchase of Computer hardware, software end wiring for Public Safety Building (Chief Thospeon) Citp Manager Reports earl/or Correspoadmxae: Reports and/or requests Eros City Cte•isaiooers, City Attorney sad City Clerk: a. Report Of Navy ReatOratlon Advisory Board (Cods. Ue169) Adjournment If any person decides to appeal any decision dada by the City Commission with respect to airy matter considered at ary seeting, such person day 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 shell include the testimony and evidence upon which the appeal is to be based. Any person who wishes to speak to the City Cadsisalon on ary matter at this meeting should submit a request to the City Clerk prior to the meeting. Fox's are available et the entrance to the Camdiasion Chambers for your convenience. ATLANTIC BEECH CI17 COMMISSION MARCE 13, 1995 AGENDA Call to Order Invocation and pledge to the flag Approval of the minutes of the Regular Commission Meeting of February 27, 1995. Recognition of Visitors ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BH ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL 66 CONSIDERED SHPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 3. Unfinished Business: a. Two appointments to the Arts and Entertainment Board to fill vacancies created by resignations 4. (:unseat Agenda: a. Acknowledge receipt of the following reports for the month of Febxvary: 1. Code Enforcement Activity Report 2. Building Department report 3. Recreational facilities usage report 4. Fire Department report S. AMfon on Resolutions: a. Adoption of Resolution No. 95'10 reaffirming the need for continuance of the U.S. Army Corps of Engineers contract with Duval County to periodically renourish the sandy beaches of Duval County b. Adoption of Resolution No. 95-11 providing for the establishment of a pre-tan deduction plan for employee contributions to the city's pension plan 6. New Business: a. Action or. a request filed by Kiran M. Thakkar to waive the 1,500 foot separation between businesses which sell alcoholic beverages (George Worley) b. Request by Beaches Habitat for donation of two city-owned lots (George Worley) c. Approve Change Order representing an increase in the amount of 56,180.00 in the project to remove and replace underground fuel storage tank as specified in bid No. 9495-9 (Bob Kosoy) d. Authorize entering into a contract with Pellans fi Associates to provide co®unications consulting services for the City of Atlantic Beach (Chief Thompson) REGOLAR COMMISSION MARCH, 1995 WORKSHOP SE( -- ---- MAP.CH 1995 1 AGENDA