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AeOnu. ~ CERTIFICATE
PnooucER ' .,. ~ .., ,__. ...,...
Bowditch Insurance Corp
4811 Beach Blvd.,#105
P.O. Box 16409
Jacksonville, FL 32245
~ICIRIED
Fire Sprinkler
P.O. Box 11171
Jacksonville,
Services. Inc.
FL 32239
DATE aAwna.n fi
..- ; 05/16/96
I AS A MATTER OF 1
RIOHTS UPON THE
DOES NOT AMEND,
coMPANY
A TI
CDMPANY
e
COMPANY
C
COM/ANY
D
H IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEIOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOfl THE POLICY PERIOD
NIDICATED. NOTWRHSTANDWG ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 7HE INSURANCE AFFORDED BY THE POLICIES DESCPoBEO HEflEMI 5 SUBJECT TO ALL THE TERMS,
E%CLUSIONS AND CONDRIONS OE- SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN RFDIICED RY PAID CAWS
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May Ib, 1996
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
RE: Public Safety Building
New Construction
Fire Sprinkler Bid
1. First Union Bank
2. University of North Florida
3. Deerwood V
Lut of Similar Jobs
Jacksonville Beach, Florida
Business Administration Building
Jacksonville, Florida
Four Story Office Complex
Jacksonville, Florida
CITY OF ATLANTIC BEACH
DOCUMENT REQUIREY.ENTS CHECKLIST
/_/ BID BOND (if required on this project).
/~ ORiCINAL Insurance Certificates (copies or %eroxes are
UNACCEPTABLE), naming the Ci[y of Atlantic Beach as
Certificate Holder, showing they have obtained and will
continue to carry Workers' Compensation, public and
private liability, and property damage insurance during,
the life of the contract.
/ +'/ References testifying to the quality of work.
/~ Pzoof of Contractor's Licenses (copies ARE acceptable).
/_/ Thia checklist, signed and dated by contractor or agent,
and specifying bid number.
The above requirements have been noted and are understood by contractor.
SIGNED: ~-~~ (Contractor or Agent) Robert F. lfat[hevs, .
President
DATE: June 13, 1996
BID NO.: 9596-20-Re-Bid Wet Pipe Fire Sprinkler System for New Construction
at lc a e y ui ing.
Public Safety Building, Fire Sprinkler Bid
Page 2
June 13, 1996
Our BASE Bid is (510,960.00 ten thousand nine hundred silty dollars.
Alrernure Bid No. 1 -ADD (3385.00) if Bond is required.
Respectfully Submitted,
~f • -
Robert F. Matthews, Jr.
President
RFM/alm
Fire
Sprinkler
Services, Inc.
June 13, 1996
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
ATTN: Ms. Joan LaVake, Purchasing Department
RE: Public Safety Building, New Construction
Fire Sprinkler Bid Ord ~ 9546-2~- RE•f3~d
Dear Ms. LaVake,
As outlined in your invitation to re-bid dated May 30, 1996, we submit to you our bid for the Fire
Sprinkler System an the above referenced project based on the following:
Building Protection
We will install a Wet Pipe Fire Sprinkler system to protect the new construction area of
the Public Safety Building as shown on Bid Drawings. The System will include the
Riser, Trim, and Flow Switch for the activation of remote alarms and Electric Bell. We
include protection for the attic and below ceiling aeeas.
Underground Supply
We will start at the existing City Valve on the new building side of the sidewalk. We will
install a Backflow and 4" Underground Supply into the building as shown on the Bid
Drawings. We will cut and remove necessary concrete for the installation ,but we do not
include replacing the concrete.
We Gxcludc:
I. City 'rap Fee or Water Service Fee
2. [electrical or Alarm Wirine or Systems
3. Adequacy of existing water supple.
4. Replacement of concrete walks or paved areas.
5. Paintingof~pipe
New Sustems, Inspections, Repairs and Services
•SG44 Colcord Avenue. Jaeksonwlle, Flonda 3221 ] •P.O. Box ] 1171, JacksonWle, Florida 32239
•1'Iwne: /904/ 7233800 •Fac ;9041 723-0017
BID N0. 9596-20-RE-BID - WET PIPE FIRE SPRINKLER SYSTEM FOR NEW
CONSTRUCTION AT PUBLIC SAFETY BUILDING
TOTAL PRICE SID TO INSTALL WET PIPE FIRE SPRINKLER SYSTEM FOR NEW
CONSTRUCTION AT PUBLIC SAFETY BUILDING:
10,960.00
Ten Thousand Nine Hundred Sixty --------------------------°---'- (Dollars)
-~ {.cT,-~ R TIZANSU+~T'rA~ A'c"r~cNE~ l-ycLvS to NS / LX c~vs~ON S
...,e..,,.,... .
Fire Sprinkler Services, Inc
BIDDER
gy. Robert F. Matthews, Jr./ President
P. 0. Box 11171
BUSINESS ADDRESS
Jacksonville, FL 32239
CITY, STATE S ZIP CODE
DATE: June 13, 1996
'/.
SIGNATURE ~~/3~p(p
President
TITLE
904-723-3800 FAX 904-723-0017
BUSINESS TELEPHONE
::~~_ - ..
CITY OF
~tla.Ktia S~eaelc - ~laaida.
ATLANTIC BF ACH FlRh7RF_SCL'E
Z<_SU SEMINOLE ROAD
ATLANTIC BEACH. FLORIDA 3????
TELEPHONE IWHI'-575859
June 17, 1996
TO: ]im Jarboe, City Manager
FROM: John Ruley, Fire Chief
REF: Bid Award for Wet Pipe Fire Sprinkler System For New Construction
on the Public Safety Building
As identified in previous meeting regarding the new construction of the Public Safety Building,
and the fact that the new area will house the Fire Department sleeping quarters. It is the
recommendation that the new 2500 square foot area be protected by an automatic Fire Sprinkler
System.
It is also the feeling of the Public Safety Director and myself, that if the city is requiring other
businesses within the City to install fire sprinklers when requved, we should feel as strongly about
fire sprinkler protection even when it is not required in our properties, especially the Fire
Department.
As for the bids. there were three (3) certified fire sprinkler wntractors that submitted bids for
consideration: Fire Sprinkler Service, Evans Fire Protection ,Grinnell Fire Protection, all aze
Jacksonville Companies.
All of the bidders meet the necessary code requirements to install this system.
The low bidder was Fire Sprinkler Service, with a bid of $ 10,960.
It is our recommendation that the bid be awazded to Fire Sprinkler Services.
Attached is a copy of the bid documents submitted by Fire Sprinkler Services.
City of Atlantic Beach
City Commission Meeting
Staff Report
AGENDA ITEM: REQUEST TO AWARD BID FOR WET PIPE FIItE
SPRINKLERS, IN NEW CONSTRUCTION ONLY AT THE
PUBLIC SAFETY BUILDING
SUBMIII'ED BY: John Ruley, Fire Chief y~Yv
DATE: June 17, 1996
BACKGROUND June 13, 1996 bids were open for Wet Pipe Fire Sprinkler system
for the new construction -Public Safety Building. Throe bidder
participated.
RECOMMENDATTONS: Award bid to Fire Sprinkler Services, Jacksom~ille Florida.
_ ATTACHMENTS: Copy of Imitation to Bid, Letter from staff that recommends
awarding bid to Fire Sprinkler Services.
RECEIVED BY CITY MANAGER:
AGENDA ITEM NO.
1
1
~` a
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING
COMMLSSION CHAMBERS, 800 SEMINOLE ROAD
JUNE 19, 1996 - 6:45 PM
AGENDA
Call to order
1. Award bid for a fire sprinkler system in d-e new construction at die Public Safety
Building, pursuant to the specifications of Bid No. 9596-20 (Rebid), at dK bid
price of S10,960.00
Adjournment
CITY OF
~tlactic b"eac~ - ~lo~uda
aoo sFa+woLe Rowo
ATLANTIC BFACH. FI,ORmA J223}SNS
TELFPIiONE (9Y1) N7-5800
FAX 19oq ~-~
June 6, 1996
To: The Mayor and City Comnussioners
From: Jiin'larbbe, City Manager
Subject: Change Order No. 1
Donner Community Center
This item was placed on the agenda at the request of the project architect, Mike Dunlap. The
Change Order was not authorized by city staff.
7D
CITY OF
rltfa.ctie beaal - ~latida
~~
June 6, 1996
To The Mayor and City Commission
c
From~Jarboe
Re: New Fire Truck
w1U ]E~11\OLk. K~NU
.41 LASTIC NE4l'H, k lDKli14 ?=-'?? `u'
'1 t.1.kPHUNF. ~'MIJi ]F-~U
tAy iwul zrl-sw)s
This year the City has planned to acquire a new fire truck. We have explored a number of ways
to acquire a truck and at the same time save the city funding. However, because of ongoing
breakdowns of our existing trucks, the need for a new truck is now at the stage where we must
move ahead.
Therefore, we are asking for your authorization to seek bids for a new or reconditioned fire truck.
C,
CHANGE ORDER
::utiBek t
CAB Project 1195-Oh9J No. ll) Ong,
PROJECT: Waterline Connection DATE OFISSUANCE: M~"tY 21, 1996
to Oceanwalk
OWNER: City of Atlantic Beach
CONTRACTOR: OWNER's Project No. N/A
Gruhn-May, Inc.
ENGINEER:
CONTRACT FOR:
ENGINEER'S Project No. 9204-5
You are directed to make the following changes in the Control Documents.
Description: Miscellaneous deletions and additions including the deletion
of asphalt overlay.
Purpose of ChangeOrdu: 'Ib modify contract to suit field conditions.
Mtachmeats: (List documents supporting change)
Gruhn-May letter dated May 9, 1996~bid tabulation showing asphalt
overlav deduct.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Origiml Contract Time
j 33,032.60 30 Days
vr~ R 41t
Previous Change Orders No. to No. Net change from previous Change Orders
j N/A -0-
rn
Contract Price prior to this Change Order Conlrut Time Prior to this Change Order
s 33,032.60 3D Davs
vNr We
Net)bmpp~ (decreue) of this Change Ordu Net Increase ~g4+ggp) of this Change Order
S (5,763.00) 3
Ora
Contra Price with all approved Change Orden Contract Time with all approved Change Orders
S 27,269.60 33 Davs
VprW
RECOM~JME//N)DED: APPROV~ED~:~ /, / / / APPROVED;
Brian E. Kientz Robert S. Kosay Gordon Gruhn
Connelly 5 Wicker Inc. City of Atlantic Beach Gruhn--Hlay, Inc.
CWI-C/03
.. ~
CITY OF ATLANTIC BEP.CH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: WATEx LINE OONI:ECTiON TC OCEAN.rir.Lh. S'E':`<:_:'~~~
CHANE OFDER NUMBEF i.
SUBMITTED BY: F.ebert S. Kosoy/Cirector of Pab'r_c wc:ia ~d~
DATE: May :8, 1396
BACKGROUND: Two items were changed during the cons:rict_or:
phase of this project:
i. instead of using additional fittings to accer„T:odate go.nc
under the stormdrain pipe, the water line was laid deeper
to reduce future potential problems with the f~ a ings.
The driveway at the cul-de-sac which belongs to Mr. White
was originally intended to be cut; instead, the pipe was
pushed under the driveway which resulted in minr;nal
inconvenience to the resident.
The net DEDUCTION for this work is .............. S1,Si~
An additional problem was encountered at the beginning of
the 8" x 8" tap at 20th Street and Selva Marina Drive. A
tie-bar thrust restraint was built with angle-iron to
prevent a blow out.
The net ADDITION for this work is ........... .... S 751
TOTAL net change is a DEDUCTION of .......... .... S 823
2. An overlay was included in the bid price for the road cut
at 20th Street in the amount of S4,940. The contractor
completed the patch in a high quality manner which
eliminated the need for the overlay.
To`al net DEDUCTION for this work is............ S4,9cC
Iota: 5educticn of CI':ar.~e Order Number One........... S~ i6?.
RECOMMENDATION: Approve Change Order Number i to reflect a
~~eduction in the amount of SS,i63, revising
the new contract price from 533,032.60 to
S2i,269.60.
ATTACHMENTS: Change Order o Gruhn-May, inc.
REVIEWED BY CITY MANAGER:
L'
AGENDA ITEM NO. -I B
~- r
CITY OF
v~tfa.~tie b"eacls - ~loaufa
r~-+. ~. _ _. _ _ __.
M E M O R A N D U M
DATE: June 4, 1996
uoo ~vorleElt u~F:
ATLAft FIC BEA['H, FI.ORH1~ 72213-1H1
TELEPHONE 19841 247-SflH
F'A7( 19 011 2 4 7-5 811
T0: George Worley/Community Development Director
FROM: Robert S. Kosoy/Director of Public Works ~-~
SUBJECT: Francis Cove
We have reviewed the proposed final draft of the Francis Cove
plat transmitted from your office on 5/23/96,. and submit
that all requirements by the Public works Department are met
and the plat is acceptable.
RSR/cst
cc: File: Francis Cove
. ~
STAFFBFPORT
AGENDA ITEM: Final Plat of Francis Cove Subdivision
~-
SUBMITTED BY: George Worley, Community Development Director '., ;; `Ty
DATE: June 5,1996
BACKGROUND:
The Donner Community Development Corporation has submitted a Final Plat to staff for
review. The plat has been reviewed by Public Works and Community Development and
is in compliance with the requirements of Chapter 24 of the Code of Ordinances. This
final plat contains legal descriptions and dedication of easements. The lot sizes are
smaller than required by Section 24-255 but are comparable to most lots within the city.
As noted in the Staff Report for the preliminary Plat, a waiver to permit the tot sizes and
configurations as shown is required. Setback, parking and height requirements are in
conformance wtth code.
RECOMMENDATION:
The Community Development Board reviewed and recommended approval of the plat
subject to approval by the Staff and the City Commission. Based upon reviews by the
above mentioned departments, Staff recommends approval of this plat including the
granting of the waiver permitting the lot sizes and configurations shown on the plat. Staff
also recommends that Covenants, including creation of an Owners Association, be
required as a condftion of approval of the plat.
ATTACHMENTS:
1) Final Plat of Francis Cove with easements and dedications.
REVIEWED BY CITY MANAGER: ~'TT'-' )
/ AGENDA ITEM NO. -~
Page Two
Ordinance No. 95-96-67
Passed by the City Commission on first reading this day of May, 1996.
Passed by the City Commission on second and final reading this __ day of , 1996.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTESTED:
Maureen King
City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
(IRDItiANCI: AO 95-96-67
AN ORllIN.ANCI{ OF THI'. CI'I'1' OP A'Ii.AN'17C BEACH
TO AMEND CI LIFTER 19, BY ADDING A NEW SECTION,
Sec. 19-.t. Special Events Rules and Regulations, TO PROVIDE
RULES AND RI?GULA'1'IONS FOR THE S"PAGING OF SPECIAI.
EVENTS ON PUBLIC' PKOPI:KTY AND PROVIDING AN
BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida, as
follows.
Section I . Section 19-4 is added as hereby written as follows:
SEC. 19-4. Special Event Rules and Regulations.
All SDecial event which are held on public pronerty must adhere to the followin¢ rules and
reattlations
I . All special event taking lace on public pronerty must have a permit from the City Manager
before arty such event takes place The City Manager may attach to the permit those requirement
he may deem necessary [o protect the Public and City's interest.
2. All parties interest in stagjgg a special event must provide insurance for the event in amounts
set by the City Manager. The event may be required to take out additional insurance naming the
Cily as the beneficiary.
3. All parties stagjng an event may be subject to a performance bond set by the City Manager to
insure the City Ordinance Code and permit requirements are upheld by the event.
4. All requirements set by the City Manager as part of his written approval of the event must be
~~p~i le d by the event Failure to do so may result in a closing of the event by the Public Safetv
Director or the Police Chief
5. All special events permitted by the City Manager must be son^nsored by a non-profit
co oration for a charitable purpose. v special event to be held by afor-profit coronration
must have prior approval by the City Commission.
6. Before anv request for a special event is permitted those responsible for the even[ must fill out
an application form available through the City Recreation Department.
7. All financial informational and records which may related to the event will be made availahle i~
the City Finance Director for his or her review.
8 All parties stagir)g a special event aze rt<gyired to abide by the City Code and the Florida
Statues. Failure to do so will require the event to be cancelled.
9 No sales of any kind will be permitted on the ocean beach area.
~A
this Resolution to appropriate members of the U. S. Senate and House of Representatives.
to the Clinton Administration, and to the Governor of Florida.
SECTION 4. Adopted by the City Commission of Atlantic Beach this 10th day of
June, 1996.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
LYMAN T. FLETCHER
Mayor/Presiding Officer
Attested:
MAUREEN KING, CMC
City Clerk
RESOLUTION NO. 96-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
IN SUPPORT OF S.1181 AND H.R. 3351, TITLED "THE SHORE
PROTECTION ACT OF 1996"; URGING THE BILLS' QUICK
PASSAGE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in eazly 1995, the Clinton Administration proposed and implemented
a policy which withdrew federal financial participation in most shore protection, beach
restoration, and beach nourishment projects, including those in Duval County; and
WHEREAS, also in 1995, a big majority of coastal cities and counties in Florida
adopted formal resolutions which opposed the policy and which recommended
continuance of Federal participation in shore and beach projects; and
WHEREAS, the facts and figures show that very substantial travel, tourism,
recreational, and storm protection benefits accrue to the United States from the relatively
modest Federal investments in shore protection and beach nourishment; and
WHEREAS, state and local governments should not have to bear the entire
burden of protecting and maintaining the nations's beach infrastructure; and
WHEREAS, during late May, 1996, "The Shore Protection Act of 1996" was
introduced in the U. S. Senate (S. 1811) and House of Representatives (H.R. 3551) by
bipartisan House and Senate coastal coalitions; and
WHEREAS, "The Shore Protection Act of 1996" reaffirms the Federal interest in
protecting the Nation's shores, including maintaining its beaches, and provides for the
consideration of the full range of local, regional, and national economic benefits from
shore protection projects.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission fully supports the provisions of S.1811 and
H.R. 3551, known as the "Shore Protection Act of 1996."
SECTION 2. The City Commission urges that Duval County's Federal legislators
join in co-sponsoring the bill, and that the bill be passed quickly into law.
SECTION 3. The City Commission authorizes the City Clerk to furnish a copy of
5A
§ 21-27 ATI..ANTIC BEACH CODE
city manager. Th fee Co a resident- parking pe t s})all be f dol~ars ($5.P0) jo'r the fitrt
ygaz and one dollar 001 for each thereafter~ay/able at th~ time of thel~ubmission of
the`p plicetion for the~ermit. The fee~all not be pro~ted and no~ortion of any Cee shall hp
reC~in~ble. ~ ~J:
(() Renewal or transfer ofpermits. A holder of a valid permit Crom the previous year shat)
be entitled to a new residential pazking permit Cor the current year upon-~ayefenbef~he
.aaeael.feeawd submission of evidence to the duector of finance or his designee that the holder
is still qualified Cor the residential parking permit. For the purposes oC this program, ea
annual year shall be comprised of the dates between January 1 and December 31. The holder
oC a valid residential parking permit shall receive a new residential parking permit for the
purpose oC transferring the same to another qualifying vehicle upon completion of a new
application
(g) Use of residential parking permits. A perking permit shall not guarantee or reserve a
pazking space ner shall it excuse the observance of any franc perking regulation. It shall b .~ ,
a violation of this section Cor the holder of a residential parking permit to use said permit whes
the permit holder no longer fulfills one (1) or more of the applicable provisions of this aedies. ~-
It shall be a violation of the section for any person to represent, in any fashion, that a vehicle ~_
is entitled to a parking permit authorued by this section when is fact it ie not so entitled. The
display of a parking permit on a vehicle not entitled to such a permit stout oonsctwaf ^
violation oC this section. It shall be a violation of this section for any person to duplicate a
attempt to duplicate a residential parking permit or to display on any vehicle such a dupliale
parking permit. It shall be a violation of this section for any vehicle to park in a designated
permit perking space on a residential parking street without a valid parking permit issued bJ
the city.
_ (h) Vwlations and penalties. The parking of any vehicle in a manner contrary W t]te
residential parking provision established herein shall be subject to the penalties and laws
provided within the Code of Ordinances of the city. The use of any residential parking permd
in a manner contrary to the provisions established herein is prohibited and the lama b
declared to be unlawful in addition to those penalties dilated above, the city manager a
designee shall have the responsibility and authority to revoke the residential parking Pew
of any resident for the abuse oC or use of a residential parking permit in a manner contrary to
the provisions established in this selion. Revocation of the residential parking peraut a
conviction of a violation may be considered just cause Cor denial of future residential perku~t
permits to such resident. The pazking of any vehicle in a manner contrary to the residenuel
parking provision established herein shall be subjel to the penalties provided in section 21~
(1) of the Code oC the city, as set forth in the schedule attached t4 Ordinance 75-92.9.
(i) This selion is hereby repealed etiective 12:00 midnight on February 23, 1994. Prior W
the repeal hereof, upon review by the city commission, this section maybe extended as deero~
appropriate by the city commission.
(Ord. No. 75.92-9, § 2, 2-24-921
Supp. No. l2 1228
- § 2127 _
Tg~gIC AND MOTOR VEHICLES
Y,
prrrcture or tenant therein, or who can demonstrate some other indication of exclusive right
~~.apancy rtion thereof may be desig-
arkin streets. A street or a Po on its own upon public
(b) Designation of residentia! p gthe city commission acting residents shall
~= ~ ~ a residential parking street by r uest by
u on request by residents, provided that any eq at least
tft nice and hearing, or P
~ a petition form suitable to the city clerk and filed wrth the city clerk, sign Y
~ s of age or older who reside on the s cucetroty
' ~ ~y (501 percent of all residents eighteen (18) Year laced on
rtion of the street under consi~ng st n~tA~~ advertisement and notice to el P Pe
~'-" rtion thereof, the petition shall be P
~pers otproposed residential par oC the city commission. The commission shall
~ agenda of a regularly scheduled meetrng rtion thereof as a residential pazking
~ deride on whether or not to designate the street or po findings:
,, .
~~ pecrided the city commission makes at least the following
~:~: ' (ll It has sufficient information to make such decrsstmet or portion thereof is m the best
- (2) Designation of the proposed residential parking
interests of the public health, safety, and welfare; and
rcent of the residents eighteen (181 years oC age and older to be
(3) At least fatty (501 Pe ation are in agreement therewith.
' ' atiected by said design
'•' ~ ran of residential parking street. The city commission may, at
-~yr:- (d t~tkdmwal ojdesignat d or on its own motion, upon Public notice and hearing,
~" ~y time, upon petition as aforesat king street.
anon of an enstmg residential par
withdraw the design
rkirzg perrnrt signs' p°llowing the city commission's vote to
'~•io:,~ (d) Posting of residential Pa street. parlung signs shall be erected on said residential
designate a residential pazkmg rotors that curbside parking on the street is
rmit authorized by this section.
. - parking street. The signs shall inform vehicle ape
. restricted unless said vehicle displays a residential parting Pe
' Additionally, each parking space shall be painted andlor especially marked to reflect an area
for residential parking permit only. Vehicles exceeding the boundenes of the parking spaces
so marked will not be allowed' rmit must be a
(e) Residential parking permits. The applicant Cor a residential parking Pe
' resident of the city and the vehicle to which said permit is to be alTixed shall be ow ned, leased
~'" "~~- or, in the case of a company car, issued to a resident of the city" Any resident over the age oC
rmit by completin an application ther fo
:,y:; king Pe B
sixteen (16) may apply Cor a residential paz]ication shall be designed to provide the following
prescribed by the city manager, which app resi-
information: The name and residential address of the owner of the vehicle, the name,
dentist address and driver's license number of the principle operator of the vehicle, the make,
t model and registration number of the vehicle. The drive= s license and vehicle registration
~ must be resented with the application. Whenever the director cf finance orR iii doestghriee hide
P ter for a residential parking Pe
°?::.
that the applicant qualifies under this c ap ant of the Cees set f°rih~chnr~ by the
described in the applicetion, he or she shall, upon paYm
a rmit in the Corm of a sticker or other method p
6 on~~ i] i residential parking Pe
1227
§ 21.25
b.
c.
d.
e.
f
ATLANTIC BEACH CODE
In front of a public or private driveway upon complaint;
Within fifteen (15) feet of a fue hydrant;
Within an intersection;
On a crosswalk; or
Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic.
(2) When any vehicle is left unattended at any place where official signs prohibit parldot
stopping or standing;
(3) When any vehicle is left unattended upon any street or right-oC--way for a periodaf
time longer than seventy-two (72) hours;
(4)
When a vehicle upon a street or alley is so disabled ea to constitute an obstructiony
traffic, or the person in charge of the vehicle is, by reason o[ physical injury q
condition, incapacitated to such an extent as to be unable to provide for its cuatodytr
removal;
(5) When any vehicle is left unattended upon a street ar alley and is so perked illegalb,
or the vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-82-3, § 10, 4.12.82)
Cross reference-Establishment of rotating wrecker call list, $ 21.50.
Sec. 21.26. Same-Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage ar phe
where the vehicle removed under provisions of this article is stored shall constitutz a lies
against the vehir]e. The operator of the garage or other phue the vehicle is stored is hete6f
authorized to hold the vehicle until the towage and storage costs are paid by the owner of tb
vehicle, or, in his behalf, the operator, provided, that in no event shall the city or any olfxc,
employee or department of the city be liable for the charges and costs by reason otther
enforcement oC this section.
(Ord. No. 75-82-3, § 11, 4-12.82)
Cross reference-Charges for towing and storage, § 21-51.
Sec. 21-27. Residential parlaing sticker program.
(a) Definitions. (The following terms shall have the meanings ascribed to them in thu
section, except where context clearly indicates a different meaning:]
Residential parking street shall mean a street or portion thereof where curbside parkin{
is limited to vehicles properly displaying a residential parking permit authorized by ~e
section. Designated streets will be enumerated by resolution of the city commission and ametded
from time to time by said body.
Resider! shall mean any person who resides in or pays real property taxes to the uty as
real estate or on a structure approved Cor residential occupancy and who is the owner of and
Supp. No" l2 1226
ro) )
~~
~~
keinaF
~ (50)
they should not be required to pay a fee for initial issuance or renewal
3. In section 21-27(c), the last sentence should be deleted. This line said that if the Commission
voted to withdraw the designation of a space for permit parking, the withdrawal would take place
30 days later. There appears to be no useful purpose for this 30 day delay.
4. Unless there is some driving reason to do otherwise, we suggest eliminating the sunset
provisions so that we do not have future lapses in the ordinance.
RECOMMENDATIONS: If the City Commission would like to continue the Parking Permit
Program, then they need to pass an ordinance establishing it. This report contains several
recommendations for consideration as they consider it.
ATTACHII4ENTS: Copy of Ordinance with suggested changes.
REVIEWED BY CITY
AGENDA[TEM: 4 E
CITY OF A'I LANTIC BEACH
('17'Y COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Parking Permit Program
SUBMITTED BY: David E Thompson, Director of Public Safely
DATE: June 2, 1996
BACKGROUND: The original Parking Permit Program was passed with a sunset provision. This
means that it had a date by which it had to be renewed by the Commission, or it would no looser
be a valid law. February 23, 1996, was the last deadline for renewal, and no one recognized it at
the time to bring it back to the City Commission for action. For this reason, the Parking Permit
Program is no longer valid. If the City Commission wants to continue the program, then it will
need to pass an ordinance establishing it.
Since this was not recognized when the ordinance sunseted in February, the Police Department
has identified all of the Parking Tickets that were paid for Permit violations since that time.
Letters will be sent to each registered owner of the vehicles to let them know that their $15 will
be refunded if they will contact the Department.
Relative to the impact of the ordinance while it was in effect, it probably had the most positive
influence on Tenth St, where there had been parking problems for many years. The permit
program helped resolve Tenth St. residential parking problems when there were few solutions
available to them.
Many Atlantic Beach citizens felt that this program entitled them to special privileges as citizens
of Atlantic Beach, and they displayed their stickers with a sense of pride. Whether or not they
actually used the parking spaces, they placed great value on the stickers and their symbolism.
As a general observation, there were very few occasions when all of the permit spaces were in
use. Usually, permit spaces could be found sitting empty during weekdays and weekends. [n this
respect, the permit spaces reduced the available parking for those people who did not have
permits
If the City Commission wishes to pass an ordinance establishing the program, then several
changes are recommended:
1. The stickers that have already been issued in 1996 should remain valid through 1996.
2. The stickers issued after the passage of the ordinance should be provided based on proof of
qualifications, but without any fees. After discussing this matter with the Finance Director, it
has become clear that the administrative costs of processing the nominal fees is not worth the
money. If a citizen qualifies and brings in the necessary documentation for a parking permit, then
4E
ITY JF
tlC ~~~ - ~latcc+.'a
To: Jim Jarboe, City Manager
From: Timmy Johnson, Recreation Director;
~ ~~
Re: Usage Report, Community Center, May '96
nut ~r.,~u w1.r: ku,~u
.a! i.w: f:' 7+r.acti, rf mama ~.~ ~~ :ais
I H.F:PMU?F. Iw41r 1.77-SYIIO
F\Y 190.11 li?:tlM15
Jim, here is a recap of activity a[ the Adele Grage Community Center for the month
of May, 1996.
Group/Even[
~ Mtgs/ i People $ Total Use
Events
AA Meeting 9 108 12
ABET Workshop 3 45 5
ABET Rehearsals 6 60 6
ABET Performances 8 487 54
Arts b Crafts 1 10 1
Board Meetings 4 43 5
Cribbage/Scrabble 6 42 5
Leleche Group Mtg. 2 24 3
State Attorney's Mtg. 2 15 2
Teen Council 2 24 3
Training Class 2 20 2
Travel Group 2 20 2
TOTALS 898 1002
Increase/(Decrease) in total
usage from prior month 2g
4- Q
CITY OF ATLANTIC BEACH
Code Enforcement Activity Report
October 1, 1995 -May 31, 1996
` CODE YIOLATtONS
PREVIOUS PRESENT YEAR TO
MONTH MONTH DATE
n oned a is s
s rc s you
t rar
g tans 1
ous o rbons
n rtstructan
9 tans
n n s ness
n tan
egetatan
ra t
t
u nu mt 1
ty r
t
ater omp mt
ys6em
torn
_: r: . v
Complaints in Compliance is ~^~ z-c
...___ wc~^ rr
59 _
Number of ComplaiMS Outstanding 170
Proactive Complaints +g ~
Reactive Complaints 13 18
OTHER ACTMTIES:
Case #x112 -Wayne Weinaug has applied for a building permit and was given until 6-24-96 to have
permit issued as per Building Official.
Case #0104 -Robert Stewart, 384 Church Road, continues to place trash on right-0f-way,
compliance required by 6-22-96.
Case #0107 -Sarah 8 Charles Bratcher - In compliance.
Case #0111 -Shirley Murphy, 434 Skate Road, Dangerous dog - In compliance at this time.
Preparnd By: Karl IN Grunewa/d
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: May 1996 Code Enforcemern Report
SUBMITTED BY: Karl W. Gtunewald
DATE: June 5, 1996
BACKGROUND: May 1996 Code Enforcement Report
RECOMMENDATION:
ATTACHMENTS: May 1996 Code Enforcemem Report
REVIER'ED BY CITY
AGENDA ITEM NO. '¢ C
CITY OF
~'Qtla.etit v"~eteli - ~Coaul+,t
1 MMI SE\II]OL4: NIMP
_ .~1 LeV'ill' Rk:{CH, FIA)RIUA 12D3-~31~
____ __._ iV,. --___ ._. _ ____-.__._
7 k.Lk.PHOSE 191M1 U~~
M E~A R1A N D~U M r~~ 19U11 2.aseos
TO: Jim Jarboe, City Manager
FROM: Don C. Ford, Building Official
RE: Building Permits Report
Please be advised that the following pernRs were issued in the month of May, 1998:
TYPE PERMIT NO. PERMITS PERMIT COST CONST. VALUATION
New Single Family 5 17,556.88 987,284
New Duplexes 2 6,242.00 138,000
New Townhouses 2 5,742.18 143,138
Additions/Remodels 13 1,497.04 136,599
Swimming Pools
CommenciaVNew
Commercial/Remodel 4 2,677.50 477,596
caragelcarport5 1 s7.50 s,200
Demolitions (IMerior) 2 100.00
Demolitions (Garage)
Demolitions (Commerciaq 2 100.00
Sheds 1 25.00
Fences 5 50.00 4,055
Driveways
Signs 3 80.80
Dune Walkover 1 75.00 7,500
Trees 1 25.00
Utilities 9 12,095.00
Wells
Roofing 16 400.00 44,345
TOTALS 67 46,733.90 1,944,717
Miscellaneous pernits issuetl in connection with new construction, additions, reradeling, etc:
Number of Permits Permits Costs
Electrical 32 1,039.00
Plumbing 28 1,057.00
Mechanical 24 942.00
Inspections pertom)ed in May 1996:
Building Concrete Electrical Plumbing Mechanical Misc.
54 35 51 54 42 5
Occupational License Inspedioms - 9
INFORMATION COMPILED BY PAT HARRIS -BUILDING DEPARTMENT
..
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
STAFF REPORT
AGENDA ITEM: Building Permits Report May,1996
r
SUBMITTED BY: Don C. Ford, Building Official~~
DATE: June 6, 1996 A~
The following is a comparison report of Building Permits for New Single Family,
Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date
for May 1995 and May 1996:
Year to Date May 1995
TYPE PERMIT NO. PERMITS CONSTRUCTION VALUATION
New Single Family
Duplexes
Townhomes
Remodeling/Additions
Nsw Commercial
Total
32 63,757,570
2 290,940
0
51 1,851,434
4 341,791
89 66,241,735
Year to Date May 1996
New Single Family 11 61,854,584
Duplexes S 438,759
Townhomes 9 870,023
Remodeling/Additions 80 1,014,780
New Commercial 8 607,147
Total 91 64,48b,293
RECOMMENDATION:
ATTACHMENTS: Building Pe it Report for May 1996
REVIEWED BY CITY ~~
AGENDA REM NO. `F~
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EXHIBIT B
l fe~~woud A. Dowling
Statc Ccrti(icd Contractor
C(iC: Ol)69}q
A UFLE GRAGE COKKONITY CENTER
RENOVATIONS Crp =part to Date
C1C = Oust to Complete
COST OPDATE FDYAI~Piojected Final Cost
May 10, 1996 DIFFwer(-) of ilnder(+) Budgc
CODE DESCRIPTION BDDGET CTD CTC FINAL DIFF.
A• Ceiling and Nall Restoration
1. Electrical 2,355 2,420 400 2,820 - 465
2. Air conditioning 1,190 1,615 -0- 1,615 - 425
3. Attic Insulation 600 9 591 600 -0-
4. Carpentry 850 1,726 -0- 1,726 - g76
5. Staining 1,500 1,273 2,470 3,743 -2,243
6. Flooring 290 -0- 290 290 -0-
7. Miscellaneous 500 45 100 145 + 355
Totals 7,285 7,088 3,851 10,939 -3,654
B.
1. Plumbing
2. Electrical
3. Carpentry
4. Staining
5. Flooring
6. Miscellaneous
Total
Combined Total
Approved by Ci
Commission
Prepared by
Bathroom Addition
1,500
125
875
225
490
~ 3,715
_# 1],000
~i~ /~~ j'
~,//.
Date: May 10,1996
Dowling'
'~~ea~ Construction S Rcmud dfn;;
113 qrh tiuccr ~ Ad.+nric Bcac6, FL 32233 ~ Plwnc/1"a. (YlW) N5J833
S}?C"PION 2_ Ti:c c.„ :lc of Ordinances of the Cit)~ of Atlantic Beach, Florida, is
hereby amended by ;:ddinv r„•:: sections to be numbered a-9, 4-p and ~-31, which sections
shall read as follo•a>_
Sec. 4-9. Lijuric~ ~:;u~c~d bt• animals.
if an annual is oi~ oI ti;;; propcrty of its owner or of the proF•erty of the person
who has custody of tr,c annual and the animal attacks and injures any person
or other animal, the owner or person in custody of the aratnal shall be guilty
of a violation of this aricle.
~~ Sec.4-30. Nuises.
Any animal or fowl which persistently makes noises for an hour or conger and
annoys citizens of the city shall be declared a nuisance under tlus chapter.
Sec. 4-31. Female dogs or cats in heat.
It shall be unlau-ful for the owner of a female dog or czt in heat to permit or
allow it to be in a public puce. The owner of a female dog or cat in heat
shall, at all times, l.~ep it securely confined on private propcrty and inside a
secure building or enclosure so as to prevent conception, with the exception
of instances of planned breeding. A female dog or cat which is found to be
in violation of this seaioa is hereby declared to be a nuisance and it shall be
impounded as provided in this chapter. Animals pardapating in bona fide
aniatal competitions and shows aze exempt from these restrictions."
SECTION 3. Secs. 4-6 and 48, Article T of Chapter 4, of the Code of Ordinances
of tltc City of Atlantic Beach, Florida, are hereby repealed.
$ECTTON 4. This Ordinance shall take effect itnmediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this _ day of 1996.
:
P.~,SSED b; tl;e Cir: Commission en second and i"tni_! :cadutg this da}, of
uo~j -
AT1~ES"I~:
1`4AUREEN KING L1~4AN T. FLETCFiER
City Clerk Mayor, Presiding Officer
Appro~•eJ as to form and cerrccutess:
ALAV C. LENS)-N, ESQUIRE
Cir: Ani~nu•v _. _.. ..
F.XHI gIT A
May 28, 1996
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Reference: Proposed Animal Control Ordinance 95-95-66
4-30 -Noises - (copy attached)
I feel this language is too vague, and that it takes away from the rights and privileges of
citizens of the city. For instance, if a person has had °words" or a grievance with his
neighbor, this language could be used improperly and cause a hardship on the city as
well as the individual being complained against.
At present there are noise ordinances, such as building ordinances that I think sufficiently
enforce the noise ordinance, from 11 ~00 p. m. unti18:00 a. m., and this new language is
just creating another ordinance that is, in my opinion, too vague.
I realize that dogs bark. But I also know that dogs are going to bark at cats that are not
maintained, children playing, and so forth. I feel this language could abused the way that
it is written.
In the neighborhood in which I live we have children, pets, and very close knit group of
people that watch out for each other and I am very proud of living in this area. When one
has a party, for instance, we allow each other to park in our yards, and we try to be
neighborly. But unfortunately, there is one individual that complains constantly about
everything, and this language would give him the opportunity to be constantly
complaining against his neighbors' dogs, cats, etc.
Edward Russell
317 8th St.
Minutes -Page 9
May 28, 1996
NAME OF
COMMAS. -
M -
S
v
Y 1- ~
Iv'
N
February 1996 making them illegal. He asked that the City Manager look into
this.
There being no further business to come before the City Commission, the
Mayor declared the meeting adjourned at 10:40 PM.
Lytttan T. Fletcher
Mayor/Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk
Minutes -Page 8
May 28, 1996
NAME OF
COMMRS.
M
S V
Y V
N
work necessary for the a:pension of the Public Safety Building.
There was no discussion. The motion carried unanimously.
D. Award contract to Beachcombers, Inc. for beach cleaning pursuant
to the specifications of Bid No. 9596-18 st a total annual cost of
$24,000
MESERVE X ~I
Motion: Award contract to Beachcombers, Inc. for beach cleaning REED X X
services as outlined in the specifications of Bid No. 9596-18. ROSENBLOOM X
SHAUGHNESSY X X
There was no discussion. The motion carried unanimously. FLETCHER X
E. Award contract for removal of underground storage tanks at
Water Treatment Plant No. 3 pursuant to the specifications of Bid
No. 9596-19 at the bid price of $10,170.00
Motion: Award contract to Innovative Services for removal of MESERVE X
underground storage tanks at Water Treatment Plant No. 3 as REED
ROSENBLOOM x x
x
outlined in the s ifintions of Bid No. 9596-19.
PM SHAUGHNESSY X X
FLETCHER X
There was no discussion. The motion carried unanimously.
F. Author¢e additions to the Donner Psrk Community Center project
as recommended by Mayor Fletcher
Mayor Fletcher reported that the architect for the building was recommending
inclusion of handrails at the entryway, 8' roof vents on the south side of the
building and the addition of Gght fixtures on the north and south porches. He
asked Public Works Director Kosoy to review these rer.,ommendationsnnd
report his findings at the next Council Meeting.
$, C~ Manager Reports and/or Correspoodeoct:
Acting City Manager Thompson commended the Fire Department for its quick
response time to a recent house fire in Royal Palms Subdivision.
Q, Reports and or Requests From City Commissioners. Citv Attoroty
and Cily Clerk
Commissioner Meserve stated that he had received a complaint regarding the
City's parking permit. Issuance authorization for the permits expired in
-- - VIA
Minutes -Page 7 NAME OF
19ay 28, 1996 ~ COMMAS. ~ M) S j Y N
A. Dowling invoice in the amount of $I 1,000 for renovations at the
Adele Grage Community Center
Mr. Dowling appeared before the Commission and requested reimbursement of
$7,088 already spent for renovations at the Community Center with $1,615 of
the requested monies going to Donovan Air Conditioning.
Commissioner Reed questioned the expenditures on Cost Update document of
the documents presented by Mr. Dowling and asked who approved the
overages of approximately $3,000? (Exhibit B)
Mr. Dowling stated that they had run into electrical problems, crushed air
conditioning duct, and replacement of the wood had been costly. He further
stated that he could stay within budget by deleting some things such as staining
the wood. Although the project has been on-going for almost a year, it is now
ti0% complete. Mr. Dowling further stated that he thought he had received
authorization to proceed with the project when the $11,000 appropriation was
approved at the August 14, 1995 Commission Meeting.
Commissioner Shaughnessy questioned who had been inspecting the project.
Public Safety Director Thompson stated that no one from the City had been
inspecting the project. Building Official Ford stated that there had been one
electrical inspection during the past year and it had failed. It was also stated
that the original structure ,with the exception of the auditorium, had old wiring
which posed a safety hazard. He further stated that to bring the entire building
up to code, according to the original plan, which had been approved by the City
but deviated from, would require considerable additional budget.
Motion: Waive bid procedure and pay 57,088 requested by Mr. MesERVE I ;
Dowling for work completed at this time. REED
~ROSENBLOOM Y.
The motion Carded unanimOUSly. ISHAUGHNESSY '
FLETCHER
The Commission stated that 1\9r. Dowling should meet with the Building
Official, Fire Chief and the City Manager to determine the costs involved to
complete the project and bring their recommendations to the next Commission
meeting.
C. Approve ezpenditurc of $5,748.36 for additional site work r;ESeRVE
necessary for the expansion of the Public Safety Building REEO
~Y
ROSENBLOOM }(' '~
Motion: Approve expenditure of 55,748.36 for additanal site sxaucxxESSY ~ y
i FLETCHER I !
-1 !,,'~
Minutes -Page 6
May 28, 1996
NAME OF I I I I
COMMRS. MSS YIN
Some further discussion ensued concerning the issuance of annual dog tags and
establishing a fee for dog owners. Mayor Fletcher stated that he was in favor of
the issuance of annual tags, instead of the lifetime tag currently issued. He
also stated he would rather act on the entire ordinance at one time.
MeseavE x
Substitute Motion: Defer action on Ordinance 95-96-66 until ~ REED
June 24, 1996 to allow for further consideration of sections RDSENBLOOM
dealing with: filing of an afTidavit, dogs/cats in heat, annual I sHAUCHNessY
licensing and a review of fines. FLETCHER x
Amended Substitute Motion: Adopt Ordinance 95-96-66 as RVE I
,
amended t0 elClud! Sections 4-31 and 4-32. REED
ROSENRLOOM
I X
SHAUGHNESSY X j X
The amended substitute motion carved by a four to one vote with FLETCHER X
Commissioner Rosenbloom voting nay.
Motion: Defer action on the a:eluded sections of the ordinance MESERVE X X
until June 24, 1996, at which time a new ordinance will be REED x
prtsented incorporating Sections 4-31 and 4-32. ROSENBLOOM X
SHAUGHNESSY X I .X
There was no further discussion and the motion carried unanimously.
The City Clerk was directed to estabhsh a mailing list of those citizens who
expressed their concerns with the proposed ordinance. City Staff and the
interested citizens will review Sections 4-31 and 4-32 and recommend changes
for further consideration by the City Commission.
At this point N the meeting the Mayor called for a short recess and the meeting
reconvened at 9:50 p.m.
Z New Business-
A. Award contract to Nooney Construction for replacement of the
walkway bridge on Plaza pursuant to the specifications of Bid No.
9596-13 at a cost of $25,975.00
Motion: Award contract to Nooney Construction for the , REEDRVe '~ x I '
replacement of the walkway bridge on Plaza pursuant to the ~ ROSENRL009 I x ; g
specifications of Bid No. 9596-13 at a cost of 525,975.00. ; sHAUGHNESSY i I x
FLETCHER
~t.
There was no discussion. The motion tamed unanimously. I j
X
B. Waive purchasing procedures and approve paymeat of Heywood
Minutes -Page 5
May 28, 1996
pAME OF
COMMAS.
M i
S v
Y v
N
A. Ordinance No. 95-96-66 Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4, ANIMALS, ARTICLE 1, IN GENERAL,
AND ARTICLE ll, DOGS AND CATS, AND PROVIDING AN
EFFECTIVE DATE.
The Mayor read the ordinance by title only and opened the floor for public
discussion of the ordinance. A letter from Ed Russell of 317 8th Street was
entered into the record opposing the ordinance. (Exhibit A attached)
The following citizens expressed opposition to the ordinance: Dennis Murphy
of 1870 North Sherry Drive, Victoria Bischoff of 1007 Big Pine Key, Doris
Rosarius of 391 Main Street, Althea Lachicotte of 335 Garden Lane, Stuart
Hicks of 2334 Beach Comber Tr., Emily Anderson of 1095 East Coast Drive,
Stan Jones of 2066 Beach Avenue, Julian Gregory of 1062 Ocean Boulevard,
Susan Stone of 1070 Ocean Boulevard, AI Majefski of 178 I lth Street,
Doug Speed of 1207 Seminole Road, and J.P. Marchioli of 414 Sherty Drive .
The majority of those who spoke were opposed to Sections 4-31 and 4-32
dealing with sworn affidavits by adult witnesses and animals in heat.
Since no one wished to speak further, the public hearing portion was closed and
the floor was opened for Commission discussion of the ordinance.
Commissioner Meserve stated that it was apparerrt that two issues warranted
study -the affidavit and animals in heat
Motion: Defer any aMion on Ordinance No. 95-96-66 for further ESERVE
review of these two issues. EED g
OSENBLOOM X
Commissioner Reed asked for clarification, and Public Safety Director HAUGHNESSY
LETCHER
Thompson explained the reason for each change in the ordinance, emphasizing
the addition of Section 4-9 concerning dog attacks.
Commissioner Shaughnessy expressed concern that if action on the ordinance
was deferred, someone could be attacked by a vicious animal and there would
be no law covering that situation. She favored passing an amended
ordinance.
Commissioner Rosenbloom, who worked on the wmmittee that drafted the
ordinance, stated he felt the ordinance needed to be fine tuned, but it gave the
City a means to address problems created by irresponsible dog owners.
Minutes -Page 4
May 28, 1996
NAME OF
COMMRS.
M
S V
Y V
N
certair. monies between funds to provide for emergency repair of a
fire truck
MESERVE x
Motion: Adopt Resolution 96-23. REEO
ROSENBLOOM x
SHAUGHNESSY X x
There was no discussion and the motion tamed unanimously. FLETCHER x
At this point in the meeting Item 2. - C George and Ann Santayana
appealing a decision regarding a dune cross-over at 261 Beach Avenue was
heard by the Commission.
Mr. Santayana appeared before the Conunission and presented pictures showing
a dunes cross-over built at 261 Beach Avenue according to DNR specifications
which he considered to be intrusive upon the natural dune line. He then asked
that in the future the City consider modifications for such structures, including
lower railings.
Former Mayor Gulliford appeared before the Commission in support of Mr.
Santayana's request. He stated that he recognized the City had no authority to
stop what has taken place ,but he felt that the type of structure built degradated
the aesthetic qualities of the beach. He also poimed out that street end
openings provide ocean access within one-half a block from any beach-front
resident's home. Mr. Gu-liford then asked that the Commission consider
passing an ordinance regulating such structures in the future.
Mayor Fletcher stated that he shared the concerns presented and asked the City
Attorney to draft an ordinance that would protect the integrity of the dunes.
MeseRVe };
Motion: Direct City Attorney Jensen to draft an ordinance REED ~ g ~
regulating the construction of dune croas-overs which will allow the ROSENaL00M ~
I x
integrity and aesthetics of the dunes to be kept intaM. SxnuGxnessY x x
FLETCHER I X l +
Commissioner Rosenbloom asked that the Community Development Board and
Planning Director Worley be involved. After the draft ordinance is written, a
meeting will be held with the Community Development Board and Mr Worley ~
to incorporate any changes they might wish to include in the ordinance. i
I
There being no further discussion, the motion carried unanimously.
f ~
~ Action on Ordinances: ' ~
Minutes -Page 3
Ma 28, 1996
Y ~
NAME OF
COMMAS.
M
S v
Y V
N
Mayor Fletcher requested a delay in action on the appointment of the Board
Members until after the adoption of Resolution No. 96-21 amending the
structure of the Cultural Arts Board.
It was the consensus of the Commission to delay action on the appointments.
4 Consent Agenda•
A. Acknowledge receipt of Public Works Projects Report
B. Acknowledge receipt of Fire Department Report for April
1996
C. Reject all bids received under Bid No. 9596-20 for dry pipe fire
sprinkler system for sew construction at the Public Safety
Building
The consent agenda items were received and acknowledged.
~ Action on Resolutions:
A. Adoption of Resolution No. 96-21 amending the structure of the
Cultural Arts Advisory Board; decreasing the nurobtr of members
from Dine (9) to seven (7); providing for a change in the length of
appointed terms; and providing an effective date
Mayor Fletcher read the Resolution by title only.
Motion: Adopt Resolution No. 96-21. MESERVE
REED
X X
x
ROSENBLOOM X I
There was no discussion and the motion carried unanimously. SHAUCHNESSY X x
FLETCHER X
B. Adoption of Resolution No. 96-22 - a Resolution transferring
certain monies between funds to provide funds for a pension
impact study and liability insurance for pension board members
Finance Director Meuse explained that the transfer offends would provide
funds for liability insurance coverage for pension board members and an
actuarial study for additional benefits for employees.
Motion: Adopt Resolution No. 96-22. ~MESERVE
REED X X
g i
~
~ROSENBLOOM X
There was no discussion and the motion tamed unanimously. SHAUGHNESSY x x
FLETCHER x
C. Adoption of Resolution No. 96-23 - a Resolution transferring
IV~V
Minutes -Page 2 NAME OF
May 28, 1996 COMMAS. M S; Y ~ N
B. Laura Johnson appealing staff decision regarding 605 Stock Street
Ms. lohnson was not present at the meeting to advance her case and no action
was taken
C. George and Ann Santayana appealing decision regarding dune
cross-over at 261 Beach Avenue
Mr. Santayana requested that this matter be deferred until 8:00 p.m. to allow
time for his neighbor to attend the meeting. It was the consensus of the
Commission to do so.
Recognition of Public Works Employees who cleaned up after the
Dancing in the Streets
Mayor Fletcher recognized and thanked several Public Works Employees who
worked on the weekend to remove accumulated trash after the Dancing in the
Street celebration held May 18, 1996.
Donner Park Dedication Ceremony
Mayor Fletcher announced that the dedication for the new community center at
Donner Park would take place at noon on Saturday, June 1, 1996. He thanked
Recreation Director Johnson and Building Official Ford for their work in
bringing this project to fruition. .
Timmy Johnson announced proposed day camp schedules for Russell and
Donner Parks.
Alsn Potter request for closing atatemeot and related hood
documents regarding the author"vatioo and issuance of 524,000,000
utilities system revenue bonds, xriw 1996
Mr. Potter stated his concerns regarding the closing statement costs and asked
for a list of all burdens incurred.
Finance Director Meuse related that the information Mr. Porter was requesting
could be found in the final bond resolution and ordinance.
3 Unfinished Business:
A. Appointments to the Cultural Arts Board
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH
CITY COMMISSION HELD IN CITI' HALL. 800 SEMINOLE ROAD,
AT 7:IS PM ON MONDAY, MAY 28, 1996
PRESENT: Lyman Fletcher, Mayor
John Mesen~e
Tim Reed
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
ME OF
COMMRS.
M
O
T
I
O
N -T
''
E
C
O i
N ~
DI ~r
V
0 I
E f
D
y
E
S
V
O ,
E
D ~
N
O
Maureen King, City Clerk
David Thompson (Substituting for City Manager)
ABSENT: James Jarboe, City Manager (Excused)
The meeting was called to order. The Invocation was given followed by the
Pledge of Allegiance to the Flag.
~, Aooroval of the minutes of the ReQUlar Meeting held Mav 13.
1996.
Motion: Approve minutes of the regular meeting Geld May 13, MESERVE X X
1996 REED X
. ROSENBLOOM X, i
rried unanimousl
ti
n
Th SNAUGHNESSY X X ~
y.
e mo
o
ca FLETCHER X
I
~, RecoYnition of Visitors:
A. Presentation of Resolution No. 96-20 recogoaing Officer Dane
Smith i
Mayor Fletcher read Resolution No. 96-20 in its entirety.
I
MESERVE X X
Motion: Adopt Resolution No. 96-20. REED x
ROSENBLOOM g~
The motion Carried unanimously. SHAUGHNESSY X }: ~'
~
FLETCHER I };
Mayor Fletcher and Commissioner Shaughnessy presented the framed
Resolution to Officer Smith and congratulated him on his accomplishments.
Public Safety Director Thompson commended Officer Smith for his
achievements and informed those present that he had been chosen Officer of
the Month for May by his peers.
~ l
Page Two
AGENDA June 1Q 1996
City Manager Reports and/or Correspondence:
A Report on Capital Improvement Projects
B. Report relative to Department of Community Affairs grant to Atlantic Beach Police
Department
9. Reports and/or requests from City Commissionera, City Attorney and City Ckrk
Adjoununent
if airy person deader to appeal arty deasion made by the City Commission with respect to atry matter
c~rffiidered at arty meeting, such person may need a record of the proceedings, and, for such purpose,
may need to enwre that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Arty person wishing to speak to the City Commission on arty matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
N accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
_ with disabilities needing speaal acronanodatiort to partiapate in this mating should contact the City
Clerk.
CITY OF ATLANTIC BEACH
COMMISSION MEETING -JUNE 1Q I996
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular meeting of May 28, 1996
2 Recognition of Visitors:
Unfinished Business:
A Appointments to the Cultural Arts Board
(4 members for 3-year terms; 3 members for 2-year terms)
4. Consent Agenda:
A. Acknowledge receipt of Public Works projects report -
B. Acknowledge receipt of Building Department report for May
C. Acknowledge receipt of Code Enforcement report for May
D. Acknowledge receipt of Recreation Department facilities usage report for May
E. Acknowledge receipt of report relative to Parking Permit Program
Action oo Resolutions:
A- Adoption of Resolution No. 96-24: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, IN SUPPORT OF 5.1181 AND H.R. 3351,
TITLED "THE SHORE PROTECTION ACT OF 1996"; URGING THE BILLS'
QUICK PASSAGE AND PROVIDING FOR AN EFFECTIVE DATE
b. Action on Ordinances:
A. Ordinance No. 95-96-67 -Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 129, BY ADDING A NEW SECTION 19-4. SPECIAL EVENTS
RULES AND REGULATIONS, TO PROVIDE RULES AND REGULATIONS
FOR THE STAGING OF SPECIAL EVENTS ON PUBLIC PROPERTY AND
PROVIDING AN EFFECTIVE DATE
New Business:
A Approve final plat for Francis Cove subdivision and authorize execution of same by
Mayor and City Clerk
B. Approve Change Order No. 1 m the Water Line Connection to Oceanwalk subdivision
representing a deduction in the amount of 55,763.00
C Authorize staff to seek bids for a new or reconditioned fue truck
D. Approve Change Order No. 1 and authorize expenditure of funds to relocate electric
box at Donner Park Community Center as requested by the architect
f l) Decisions of an arbitrator under this Article shall be limited to a determination
of whether or not the City had reasonable suspicion, and whether or not the employee
was under the influence of alcohol or drugs, and not the disciplinary measures
imposed by the City.
29.3 When drug screening is required under the provisions of this policy, the following
standards shall be used to determine what levels of detected substances shall be
considered as positive:
pRUG GROUP SCREENING TEST CONFIRMATORY
TEST
a. Amphetamines 1000 n/ml Amphetamine 500 n/ml GClMS
b. Cocaine
Metabolites 300 n/ml Metabolite 150 n/ml GC/MS
c Opiate
Metabolites 300 n/ml Morphine 300 n/ml GC/MS
d. Phencyclidine 25 n/ml PCP 25 n/ml GC/MS
e. Marijuana 15 n/ml Delta
Metabolites 100 n/ml Total n 9 - THC
f Barbiturates 300 n/ml 150 n/ml
When alcohol screening is required under the provisions of this policy, the standard
which shall be used to determine what level of alcohol shall bt considercd as positive
shall be ".04" grams per deciliter.
44
use (other than as indicated in Section i), the employee shall be discharged or
suspended without pay at the discretion of the City. After thirty (30) days have
passed, a suspended employee desiring reinstatement shall, upon written
request be given the opportunitti to submit to further blood or urine drug%
alcohol screening tests, at the employee's expense If such tests indicate the
absence of alcohol or a controlled substance, the employee may be reinstated
at the discretion of the City. In the event forty (40) days have passed and the
City has not received the written request signed by the employee, to take the
alcohol or substance abuse test, or the employee has failed to take such tests
at a time and location designated by the City, the employee shall be discharged.
An employee who is reinstated under this Section shall be subject to random
testing during a two (2) year period, following the initial test. Should such
employee test positive during this two year period he shall be discharged.
(g) An employee may be granted a one time leave of absence without pay not to
exceed sixty (60) days to under go treatment for alcohol or substance abuse
pursuant to an approved treatment program No employee benefits shall
accrue during this period. The request must be voluntarily made in writing
prior to the institution of disciplinary measures for alcohol or substance abuse.
(h) The City has the right to search lockers, handbags, lunch boxes, other containers,
or other personal effects of employees at any time provided the City has
reasonable suspicion, to believe that the employee possesses or is under the
influence of drugs or alcohol. If deemed necessary by the City, the employees
themselves may be asked to submit to a search. Provided that at no time will
any employee be searched by or in the presence of a member of the opposite
sex. Further, such search shall be in the nature of a "pat-down", and shall take
place in a location as not to unnecessarily embarrass the employee. An employee's
refusal to cooperate with or submit to a search may be treated as serious
insubordination that warrants immediate discipline, including discharge.
(i) All employees who use a prescription drug that causes adverse side effects,
(drowsiness or impaired reflexes or reaction time) shall inform the City that
they are taking such medication on the advice of a physician. It is the employee's
responsibility to inform the City of the possible side effects of the drug on
performance and expected duration of use.
(j) Except as stated in subsection (f) of this Article, the cost of the drug and
alcohol screening tests shall be paid by the City
(k) £he City retains the right to maintain discipline or invoke disciplinary measures
in the case of conduct which may result from or be associated with alcohol
or substance abuse.
43
AR'17CLF. 29
ALCOHOL AND DRUG TESTING
29. I Both the City and Union recognize that drug and alcohol abuse is a growing problem
among our nation's work force. The City and the Union also recognize the tremendous
cost, both in terms of efficiency and in human suffering caused by needless work place
accidents. Acknowledging the necessity for action, the following Alcohol and Drug
Testing Program is hereby initiated.
29.2
(a) All applicants may be subject to drug and alcohol testing.
(b) All bargaining unit employees may be subject to drug and alcohol testing as
part of an annual physical examination.
(c) In the event the City has a reasonable suspicion to believe that an employee
is under the influence of drugs or alcohol on duty, the City may require that
the employee submit to breathalyzer 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 City's MRO
must review all confirmation tests, positive and negative. Within five (5)
Working days after receipt of a positive confirmed test result from the testing
laboratory, the City shall inform the employee 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.
(d) Within five (5) working days after receiving notice of a positive confirmed test
result, the employee will be allowed to submit information to the City explaining
or contesting the test results. If the employee's explanation or challenge of the
positive test results is unsatisfactory to the City, within fifteen (15) days of
receipt of the explanation or challenge, a written explanation as to why the
employee's explanation is unsatisfactory, along with the report of positive results,
shall be provided by the City to the employee.
(e) In the event the City requests that an employee submit to breath, blood, urine
and/or other tests and the employee chooses not to submit to such test or tests,
the reasonable suspicion to believe the employee was under the influence shall
be justification for discipline, including discharge.
(f) If the employee submits to the tests and the results indicate alcohol or drug
42
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28.3 EMT or PARAMEDIC Incentive
I Fiach bargaining unit employee who is trained in basic life support or advanced life support
and who is certified by the Department of Health and Rehabilitative Sen•ices to perform as
an Emergency Medical Technician (EMT) or Paramedic will receive $ 75.00 per month as
an incentive upon the presentation to the Fire Chief of a valid, current certificate.
2. It shall be the responsibility of the bargaining unit employee to remain certified and any
loss of certification will result in an immediate termination of the incentive bonus.
The City may approve an employee to take time off from work with pay at the employee's
regulaz straight time hourly rate of pay to attend EMT classes. The City will pay the
employee for travel time to and from class, provided the employee first reports to work at
his designated time and returns to work immediately following the end of class. Should
the employee br required to attend class at a time he is not scheduled to work, the City
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 employee fails to successfully
complete the class he shall be charged for any pay received to attend the class. These
monies shall be deducted from any amounts owed the employee by the 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
expense. 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 shall receive pay at a rate
five (5) percent above the employee's regulaz rate of pay if the duties aze assumed in full
for a full 24 hour shift, provided that no other employee of that higher classification is on
duty, and available to assume the responsibilities and requirements of that position.
I . It is understood that operating in the classification of Driver/Engineer when not
permanently assigned to that position shall be considered working out of class.
2. It is understood that operating in the classification of shift commander when not
permanently assigned to that position shall 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 'ii) the employee's regular rate of pay or the actual hours worked at time and one -half
(I 'n ), 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 into the start
of the employee's regular work period.
ARTICLE 28
2R.1 In the transition from the 1994 ~)5 pay plan to the 1995_yt, plan
I . Exhibit "A" includes the 1995-96 Pay Plan applicable to personnel covered under this
agreement. It is being provided to explain the pay increments and the pay scales for the
individual employees. It is not to be construed as a step plan in which advancement can
be anticipated or movement can be expected based on years of service.
Under the pay plan, a new firefighter will be classified as a "Firefighter" for the first year
of employment. After successful completion of his/her probationary period, the individual
will be promoted to the position of"Driver Engineer."
2. Existing Firefighters who have successfully completed their year probationary period will
be promoted to "Driver Engineer' and placed in a pay grade corresponding with the same
pay grade in the 1994-95 plan. Example: A FF Grade 5 in the 1994-95 plan will go to a
DE Grade 5 in the 1995-96 plan.
Existing Driver Engineers will be moved from their 1994-95 pay Bade into a
corresponding pay grade plus one grade on the 1995-96 Pay Plan. Example A DE
Grade 10 in the 1994-95 plan will go to a DE Crrade 1 I in the 1995-96 plan.
4. Existing Lieutenants will be moved from their 1994-95 pay grade into a corresponding pay
grade on the 1995-96 Pay Plan. Example: A FL Grade 8 in the 1994-95 plan will go to a
FL Grade 8 in the 1995-96 plan.
28.2
For purposes of determining whether or not the employee has satisfactorily completed his
initial twelve (12) month period of employment, or has satisfactorily performed services
for the city entitling he/she to the promotion to Driver Engineer, the Fire Chief shall
notify the City Manager in writing of the Chief s evaluation, with his recommendation of
promotion . [f the employee performance has not been graded by the Fire Chief as
satisfactory during the time period involved, the employee shall not be eligible for
promotion and will remain on probation The employee shall be advised in writing as to
the reason his promotion was denied and the duration of extended probation. The
evaluation rating of an employee under this article is within the sole discretion of the City
and is not subject to the grievance or arbitration procedures of the contract.
2. When an employee is promoted to a new pay grade, he shall enter the pay grade at the
grade closest to his pay grade prior to the promotion that provides for a minimum of three
(3) percent increase above the pre-promotional pay grade.
ARTICLE 27
MI ..A t .OW H .
27.1 Employees directed by the Fire Chief or his designee to use their private automobile
for Fire Department business, shall be compensated at the rate of S .27 per mile
37
CAREER DEVELOPMENT/FIRE INSPECTOR
2G. I Upon presentation of an official transcript and proof of degree to the Fire Chief, each
employee in the bargaining unit who receives an Associate Degree from a college, which
degree is readily identifiable and applicable as afire-related degree, as outlined in policy
guidelines of the Division of State Fire Marshal of the Department of Insurance, shill
receive a $50.00 per month career development incentive.
26.2 Upon presentation of an official transcript and proof of degree to the Fire Chief, each
employee of the bargaining unit who receives from an accredited college or university a
Bachelor Degree, which degree curriculum includes a major study concentration area
readily identifiable and applicable to fire-related subjects, as outlined in policy guidelines
of the Division of State Fire Marshal of the Department of Insurance shall receive a
$ 110.00 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.
26.4 A bargaining unit employee who possesses a Florida State Certification for Fire Safety
Inspector, will receive $100.00 per month incentive pay for each month the employee
is assigned and performs fire safety inspections. Bargaining unit members assigned to
do Fire Safery Inspections shall be used to assist the Fire MarshaUlnspector, not
replace this position except in emergency situations.
26.5 Fire department personnel that receive and hold Florida State Certification for Fire
Officer One shall be paid an additional $50.00 per month above their regular base
wage.
36
ARTICLE 25
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 is also understood that training is considered work in
the context of job requirement.
252 It is also understood by both parties to this ageement that fire fighting is a most
strenuous and stressful forth of work conducted in adverse conditions. Both parties
recognize the nerd for an ongoing physical fitness progam. The City agees to
maintain the current training benefits enjoyed by the members of this bargaining unit
at this time, except as otherwise provided in this Ageement.
25.3 Required training hours shall be considered hours worked for purposes of Article 15,
and employees shall be compensated accordingly.
35
ARTICLE 24
24.1 Bargaining unit members may use a City vehicle for transportation to and from an
eating establishment 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, if an employee is working
in the field and return to the normal place of work is impractical, a City vehicle may be
used for transportation to acquire a meal.
24.2 The Fire Chief shall have the discretion to determine when bargaining unit members
shall leave the fire station under Section 24.1. The Fire Chief shall take into consideration
the adverse effect on the operation of the department and the need for completion of work
assignments when making his determirwtion.
34
ARTICLE 23
23.1 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 compensatory
time banks) to the Union time pool. Provided that the maximum number of hours which
may be accumulated in the pool under this Article is 216 hours.
23.2 This leave will be computed and placed in a bank on the Ist of October each year.
23.3 The Fire Chief shall have the discretion to grant or deny use of pool time. The use of
Union Time Pool time is subject to written approval by the Union President or his
designee.
23.4 Union time pool hours not expended during the previous year will be compound
onto the new bank of hours, beginning October 1 of each year, provided the maximum
accumulation set forth in Section 23.1 is not exceeded.
23.5 The City shall have the right to review the Article each year and to eliminate Union
Time Pool if it becomes an excessive administrative burden to the City.
33
:~:.:.~ _. , _ v ......_~,_. ,.
ARTICLE 22
22.1 If the bargaining unit member chooses, he may request automatic deposit of a
portion (but not all) of his payroll check into the financial establishment of his choice.
22.2 The bargaining unit member will provide the City of Atlantic Beach with the appropriate
fortes from his financial establishment.
22.3 Bargaining unit members who choose to discontinue automatic payroll deposit may do
so with a two week notice to the City of Atlantic Beach.
32
22 One (I) Bunker coat & pants
23 One (1) pair of suspenders
24 One (1) pair of fire gloves.
25 One 1 I) pair of boots.
26 One (1) flashlight.
21.2 The City will replace or repair items listed above as they become unserviceable due
to the performance of the employee'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 uniform due
to carelessness or negligence will replace (or at the satisfaction of the City repair) the
article at his oum 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 City business, or when otherwise authorized by the Fire 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 underclothing, employees shall not wear articles unless issued
to them by the City or authorized by the Fire Chief.
31
ARTICLE 21
UNIFORMS AND EQUIPMENT
21.1 The City will furnish ro bargaining unit employees an initial issue of the following
upon employment
I One (I) white shirt
2 One (1) dress pants.
3. One (1) pair of dress shoes.
4. One (1) pair of utility Work boots.
5. One (1) pair of tennis shoes.
6. Four (4) blue work shirts.
7. Four (4) blue work pants.
8. Six (6) T-shirts
9. One (I) tie.
10. One (1) tie clip.
1 I . One (1) dozen pair of socks.
12. One (1) raincoat
13. One (1) light weight jacket.
14 One (1) winterjacket.
5 One (I) badge.
16 One (1) set of collar brass.
17 One (1) name plate.
18 One (I) jump suit
19 One (1) pager
'?0 One (I) helmet ++ith face shield.
? I One (1) PBI hood
30
ARTICLE 20
20 I The IAFF may be permitted to provide for its own use one bulletin board not to
exceed 4' x 3' in dimension, provided the bulletin board shall be located only in
the day room.
20.2 The Union agrees it shall use the space on the bulletin board provided for herein
only for the following purposes; Notices of IAFF meetings, notices of internal
elections for IAFF officers, reports of IAFF committees, policies of the IAFF, and
notices of 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 are the
only authorized representatives :o post material on the bulletin board. Said representatives
shall initial 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
remove the posted material and the Union may lose its bulletin board privileges.
29
ARTICLE 19
19.1 The Public Employer and the Union agree that they will conform to all laws relating
to safety, health, sanitation and working conditions. The Public Employer and the
Union will cooperate in the continuing objective of eliminating safety and health
hazards where they are shown to exist.
19.2 Safety practices may be improved upon from time to time by the Public Employer
and upon recommendations of the Public Employer and the Union. Protected
devices, apparel and equipment, when provided by the Public Employer, must be
used and any failure to obey safety regulations or to use safety devices as specified
in department operating procedures and safety regulations shall result in disciplinary
action, including discharge.
19.3 The Public Employer will require all employees to be inoculated for the prevention
of Hepatitis B. The scheduling of the inoculations will be determined by the Public
Employer 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.
28
ARTICLE 18
18 I The City agrees to continue to provide employees with a group term life insurance
policy providing for coverage equal to the employee's annual salary rounded offto
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 HMO, PPO,
and/or other insurance means for all ehgible employees covered under this Agreement,
and agrees to contribute to the cost of such coverage as set forth in Section 18.3.
18.3 The City's maximum contribution for the insurance set forth in Section 18.2 of this
article, shall be set at the per employee, per month premium set by the insurance
carrier as of January 1, 1996. It is understood and agreed to by the Union, that if
the premium set by the ittsurance carrier on January 1, 1996 exceeds the premium
for 1996 by more than ten (10%) percent, the Union will return to the negotiation
table to negotiate this article no later than January 31, 1996.
It is understood insurance premiums assessed by HMO, PPO and/or other insurance
carrier during the year 1996 that exceed the amount set on January I, 1996 per
month per covered employee will be paid for by the employee.
27
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 in the amount of not more than 5100.00 per quarter course or SI50.00 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 preserrt 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 minimtrm of one (1) full year
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 ¢gfl2L@ one year of continuous service after completion of a
course, he repays 100% of the monies received.
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. I .
17.4 In the event the employee is eligible for tuition aide from arty other source, such as, but
not limited to Veteran's Benefits, the payments due under this Article will be reduced
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 in Section 17.1. Such decision shall not be subject to the grievance or
arbitration provisions of this Agreement. Further, the remaining sections of this Article
will apply to such assistance.
26
ARTICLE 16
16. I gLitioermanent employee covered tJy this reement who sustains a temporary or
permanent disability as a result of accidental iniurv in the course of and arising out of
emptQvment by the city shall receive all benefits rea iu red by the Workers Compensation
Laws of the State of Florida. Permanent employees who are absent on account of iniurv
for which Workers Comcensation is authorLed_ sl~~sQf?n written request to the Cily
Manager. be allowed to take On-the-lob-Iniyry LpAve in a_n amount request in addition
to Workers Compensation- exceTt_ however that in no case shall the total amount paid
for both Workers Compensation and OJI Leave exce?a the amnpnt pf wages to which
the employee would ordinarily have bcen entitled had he not been iniured (The amount
of OJl Leave when combined with the Workmans Compensation amount shall equate to
the employee's normal net after all deductions have been takenLx amount paid to the
employee by the City for OJI Leave which is subseauent~paid through Workers
~nsation and results in payment exceeding the employee's normal salary as outlined
above shall be reimbursed by the employee to the Citv
16.2 On-the-Job-Injury Leave granted shall be in addition to normal accrued Personal leave
,A~y~ployee G~ injured must report the accident to lic sunervicnr hefore rhP P~~ .,f rho
s ift d Sri g whch the accident oc~~~rred or not later th?n 72 hours thereAfter to the on
dam' mph -
16.3 Employees receiving On-the-Job-Itlj>' y Leave slLl not work at any sec~ndarv jobs or at
any outside employment. Failure to observe this rule shall result in forfeiture of a_ny
On-the-Job-Injury Leave.
25
15 2 M employee shall be paid at the rate of one and one-half (I '/:)times his regular
hourly rate for time worked in excess of a twenty-four (24) continuous hour work
shift as follows
a For any amount of time worked into the twenty-fifth (25th) hour, the employee
shall receive a minimum of one (I) hour overtime pay.
b. 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 hour increment, to the
nearest quarter hour.
15.3 Upon proof of attending court pursuant to subpoena or other court order involving
a job related case, not as a plaintiff in litigation against the City, an 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 attends court, provided he remits to the City any
subpoena and witness fees received.
15.4 Upon proof of attending court pursuant to a subpoena or other court order involving
a job related case, not as a plaintiff in litigation against the City, an off-duty employee
will receive pay equal to 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 jury 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 jury service, provided he remits to the City any jury fees received.
24
ARTICLE I S
HOURS OF WORK AND OVER'T'IME
15 I 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, and the
tour of duty will be twenty-four (24) hours on and forty-eight (48) hours off. Personal
leave hours, compensatory leave hours, and kelly hours taken off shall be counted as
hours worked for the purpose of computing hours worked and overtime.
Bargaining 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 week period of 53 hours per work week,
however, the use of Kelly Hours shall be utilized to reduce the work week of fire
fighter personnel to 53 hours on an average work week. For purposes of pay
remuneration and payroll processing, the following shall apply
a. Fire fighter personnel shall receive compensatory hours in the amount of
eighteen (18) hours every twenty-eight (28) day work period, hereafter known
as Kelly Hours, as a schedule adjustment so arranged as to make the work
period average 53 hours per work week.
b. Kelly Hours may be taken by the employee at the convenience of the Fire
Department. Kelly Hours may be accrued to a maximum ofone-hundred-fifty
(I50). Once the maximum of 150 hours is accrued, no further Kelly Hours
may be accrued and all further earned Kelly Hours shall be taken off When
this maximum hours accrued level is reached, Kelly Hours off will be assigned
by the Fire Chief in increments of 24 hours. All Kelly Hours must be utilised
by compensatory time off within the fiscal year in which they are earned, unless
prior written approval is received by the Fire Chief.
c Employees shall not be paid for unused Kelly Days upon termination of
employment.
23
ARTICLE 14
3 FAV NT L AV
14.1 Employees covered by this agreement may be granted, upon approval of the Fire Chief
and City Manager, time off with pay not to exceed three calendar days, in the event of
a death in the employee's immediate family for the purpose of attending the funeral of
the deceased relative.
14.2 The employee's immediate family shall be defined as the employee's spouse, father,
mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandparents,
and any other member of kinship who may be residing under the same roof with an
employee during the time of death.
14.3 Funeral leave or bereavement leave shall not be charged to personal leave days.
14.4 The employee may be required to provide the Fire Chief with verification of death
before compensation is approved.
22
ARTICLE 13
MILITARY LEAVE
13. I The employer and the union agee to comply with the provisions set forth in the
Vietnam Era Veteran's Readjustment Assistance Act of 1974 (formerly the Military
Selective Service Act of 1967).
t 3.2 Employees who by reason of membership in the United States Military Reserve or the
National Guard, and who by the appropriate authority are ordered to attend annual
training periods, shall be ganted 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 military leave shall lose the rank, Bade, rating, or seniority
held by him at the time such leave is ganted.
13.4 Employees requesting military leave are responsible for notifying the Fire Chief as
soon as possible of the dates for such training period (s) and to provide an official
set of orders.
21
ARTICLE 12
12.1 Leaves of absence without pay may be granted for various reasons deemed
acceptable to management.
12.2 All leaves, with or without pay, must be requested by the employee in writing and
must be approved by the City Manager in writing before becoming effective.
12.3 An employee's starting date will be adjusted for leaves of absence without pay.
12.4 The decision whether to grant or to deny a request for leave without pay shall
not be subject to the grievance or arbitration procedures of this Agreement.
20
f. No Personal Leave Hours may accumulate to an employee on leave without
pay, or one who has been suspended for disciplinary purposes.
g Subject to the restrictions contained in this Agreement, Personal Leave Hours
Shall accumulate during each pay period and shall be credited to the employee
at the end of the pay period.
h An eligible employee who resigns with at least two weeks notice or whose
employment has not been involuntarily terminated shall be paid for any unused
accruals. However, in no event shall the employee be paid for any unused
accruals exceeding 960 hours.
i. Employees with more than one year of service are required to utilize a minimum
amount of Personal Leave Hours each calendar year. Cashing in Personal Leave
Hours shall not be considered "Utilization." Required minimums not taken as
provided will be forfeited unless otherwise approved by the Fire Chief. 7"he accrual
rate of Personal Leave Hours and the minimum amount of utilization of Personal
Leave Hours shall be determined as follows:
TENURE
Maximum No. Of Personal Leave Hrs.
Accumulated Each Bi-Weekly Pay Period
Minimum Utilization
Per Year
(Provided maximum cap
Has not been reached)
1st year
2nd year
Beg. 3rd through 4th year
Beg. 5th through 9th year
Beg- 10th through 14th year
Beg. 15th and over
7.01
7.01
7.01
9.06
11.10
13.34
40
40
80
80
80
19
ARTICLE 11
11.1
a. The "Personal Leave Hours" concept is azi advancement from the traditional
vacation and sick leave system. Personal leave hours are not to be considered
compensation for services rendered. All bazgaining 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 the 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 increments. Approval of leave may be suspended if in the
discretion of the Chief such leave would have an adverse effect on the operation
of the Department.
c. 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 Hours used for illness, the City always retains the right
to require medical documentation of the illness.
e. For hours permissibly accumulated under this Article, the employee may elect
to be paid in cash (upon completion of one year of continuous, uninterrupted
employment with the city) or choose to continue to accrue the days up to the
maximum accrual level set forth in this Article. For the purpose of cashing in
accrued leave time, the Public Employer will permit the employee to make a
request for payment two times during the year as follows: on the first payday
in June, and on the first payday in December. Cash withdrawals are restricted
to the excess over 120 hours in the Personal Leave Account on the designated
withdrawal date. Request forms are available in City Hall. Requests must be
submitted at least two weeks preceding each of the above dates.
18
10.7 For purposes of the Article, all holidays shall commence at 12:01 a.m. on the holiday
(as set forth in Section 10.1) and continue for twenty-four (24) 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
10.1 The following are recognized as holidays under the terms of this agreement:
New Years Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
January lst
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
Employee's Birthday
Any day that the City Commission may designate.
10.2 Employees who do not work on the hohday 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 in 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.
10.4 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 hohday and the first
regularly scheduled working day immediately after the holiday unless the employee
is on paid vacation, military leave, sick leave substantiated by a doctor's certificate,
or other absences excused by the Fire 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 Employees who are on leave of absence without pay or layoff on the holiday shall not
receive pay for the holiday or compensatory time.
16
Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction as
described by PF.RC or is not in 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.
Each 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 If the City requests a
transcript. the Union will be provided a copy at normal copyjne costs char~,ed by the
City If the Union requests a transcript the City will be provided a copy at normal
~pvine costs.
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 administrative agency by an employee, the City's grievance procedure, or group
of employees, for alleged violation (s) of the expressed 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 terms of this agreement. Additionally, the
commencing of legal proceedings against the Union in a court of law or equity or before
the Public Employees Relations Commission, or any other administrative agency, by the
City 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 City of the ability to
resort to the Grievance or Arbitration procedures contained herein for resolution of the
alleged violation of the terms of this agreement. Likewise, the utilvation of the Grievance
or Arbitration procedures in this agreement for the resolution of alleged violations of this
agreement shall constitute a waiver of any rights the party who initiated the grievance
may have to review by the Public Employees Relations Commission, the City's grievance
procedure, or any other administrative agency.
9.6 Prior to initiating judicial review by any court for any alleged violation of this agreement,
the grievance procedure must be completely exhausted.
15
ARTICLE 9
9 I Whenever the Union requests arbitration in accordance with the provisions of the
tirievance Article, the parties shall within five (5) working days following the request for
arbitration, jointly request the Federal Mediation and Conciliation Service to submit a
panel of seven (7) arbitrators, each of whom shall be a member of the National Academy
of Arbitrators. Arbitrators shall be selected from such panel by alternately striking names
from this list (the grieving party shall make the first strike) until the last name on the list
is 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 jobs,
or to change any wage;
(c) The Arbitrator shall have only the power to rule on matters arising under this
Agreement and is confined exclusively to the question (s) which is presented to
him which question (s) must be actual and existing.
(d) If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the Arbitrator
is only empowered to pass upon whether the employee or employees concerned
actually committed, participated in, or were responsible for the act of misconduct.
The Arbitrator is 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,
participated in, or was not responsible for, the act of misconduct for which he has
been disciplined, the Arbitrator has the power to make the employee or employees
whole, including ordering back-pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
93 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
14
having such grievances adjusted without the intervention of the bargaining agent, if the
adjustment is not inconsistent with the terms of the collective bargaining agreement then
in effect and if the bargaining agent has been given reasonable opportunity to be present
at any meeting called for the resolution of such grievances.
13
working days within return to his job to orally present his grievance. Discussions will be
informal for the puroose of settling differences in the simplest and most effective manner.
The Fire Chief will discuss and make an effon to resohe all legitimate grievances with
fairness and justice for both the grievant and the public employer. The Fire Chief shall
orally communicate a decision to the grievant within five (5) working days from the date
the grievance was presented to him.
Step 2 - If the grievance is not settled at the first step, the grievant within five (5) working
days of the decision of the Fire Chief in Slgp I all present the ¢rievancp in written form (in
compliance with Section 9 4) to the Fire Chief with a copy to the City Manager. The Fire Chief
or his designee, shall investigate the alleged grievance and shall within ten (10) working days of
receipt of the written grievance conduct a meeting with the grievant and the Union President or
his alternate as governed by Article #l, Section 1.2 and 1.3. The Fire Chief or his designee shall
notify the grievant of his decision no later than ten (10) working days following the meeting date.
Step 3 - If the grievance is not settled at the second step, the grievant within five (5) working
days from the date of the Fire Chief s decision shall present the written 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 of receipt of the written grievance conduct a
meeting with Public Employer representatives, the grievant and the Union President, or his
alternate as governed by Article # 1, Section 1.2 and 1.3. The City Manager or his designee
shall notify the grievant in writing of his decision not later than ten (10) working days subsequent
t~ the date the grievance was received by the City Manager.
Step 4 - [f a grievance, as defined in the Article has not been satisfactorily resolved within the
Grievance procedure, the Union may request arbitration in writing to the Office of the City
Manager no later than ten (10) working days after the response is received in Step 3 of the
Grievance Procedure.
8.6 It is the mutual desire of the Employer and the Union that grievances shall be resolved as
quickly as possible and to that end the time Limits set forth in this Article are to be strictly
enforced. The time limits may only be extended by mutual written agreement. The term
"work days" as used in the Article include Monday through Friday of each work week
regardless of the grievant's work schedule. For the purpose of calculating time limits, the
day on which a grievance, or a reply by management to a grievance, is received, shall not
be counted. Failure of management to observe the time limits for any step in the
Grievance procedure without a mutually agreed written extension of time shall entitle the
grievant (or the Union in the case of Step 4) to advance the grievance to the next step.
Failure of the grievant (or the Union in the case of Step 4) to observe the time limits for
any steps in this .Article without a mutually agreed written extension of time shall
terminate the erievance
8 7 Nothing in this part shall be cons:rued to prevent any public employee from presenting, at
any time, his own grievances, in person or by legal counsel, to the Public employer and
12
ARTICLE 8
S.1 In a mutual effort to provide harmonious working relations between the parties to this
Agreement, it is agreed to and understood by both parties that there shall be a procedure
for the resolution of grievances between the parties arising from an alleged violation of
specific terms of this Agreement, as provided in this Article.
8.2 For the purpose of the Agreement, a grievance is defined as a claim or complaint that the
Public Employer has violated a specific provision of this Agreement, provided such
specific provision is not a management prerogative and is subject to the grievance and
arbitration procedures of this Agreement.
8.3 Grievances may be taken up during the working time of the grievant upon the mutual
agreement between the Public Employer and the Union. I_ f the Qrieved emnloyee requests
union representation, the arieva.~t will notify th ity ~^-d the urdon of am meeting called
for the resoluton of ~~ch ¢tieva_~cps If the ¢rieved employee does not request Union
~rec^.ntation the City ~°ll noti the Union of any meeting called for the resolution of
such ~PVa.~cP a_~d the minion will be allowed attendance at such meetine.
8.4 All grievances proceeding to Step II must be reduced to writing and must contain the
following information:
(a) The specific Article and Section of the Agreement alleged to have been violated
by the Public Employer;
(b) A full statement of the grievance, giving a complete description of the facts and
dates and times of the events involved in the alleged violation, and the specific
remedy desired by the grievant;
(c) Signature of grievant and date signed; and,
(d) Designation of the specific Union representative (must be an elected officer,
steward, or Union Business A¢ent) if the grievant request Union representation.
Failure of the grievant to comply with this Section shall make the grievance null and void.
8 5 All grievances shall be processed in accordance with the following procedure;
Step 1 -The grievant shall orally present his grievance to the Fire Chief within tenlen f 101
working days of the occurrence of the action giving rise to the grievance, provided that
should the action giving rise to the grievance occur while the employee is on authorized
paid leave of absence or is on his scheduled day off the grievarrt shall have ten (101
PREVAILING RIGHTS
All rig ts. privileg es and working conditions enjoyed by the employees on the effective date
of t~gtesm~L which are not included in this A¢r eement. rhar aye rnnsidered rPasn_nahle
y~~ouer will no t be changed arbitrarily or capricio usly.
10
ARTICLE 7
7.1 The City shall have the right to establish, maintain, and enforce, rescind, amend, or
change, reasonable rules and regulations and standard operational procedures.
7.2 Failure to ~j~jpjjpr< an employee for violation of these rules, regulations and/or
standard operational procedures will not effect the right of the City to discipline
the same or other employees for the same or other violations.
7.3 Any employee violating a rule or regulation or standard operational procedure
may be subject to disciplinary action, including dismissal for cause.
7.4 All bargaining unit employees, regardless of union affiliation, are subject to all City
rules and regulations pertaining to the conduct of City employees unless specifically
exempted by provisions of the Agreement.
7.5 Aa ~ a~Qes to parrment ~~les aid Rgulations SL+±~?~d Ooeraiior~ Proc~!ures_
or i er~~nnPl v,°-I be fonvar~ded to the [ Jrdoa two weeks before those rule
be=~me effective apt in as emery declared by Lhe City naoer
9
ARTICLE 6
6. I All employees shall be classified as probationary employees for the first twelve (12)
months of continuous uninterrupted employment. The probationary period shall apply
for all new employees in a new job classification (new employee or an employee who
has been transferred, promoted, or demoted ). The City Manager has the discretion
to extend the probationary period for 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 shall not be
wmulative. 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 promotion to a new
position shall 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. However, rwthing shall prevent the
Employer from discharging, suspending or otherwise disciplining, 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 this Agreement.
not included in [his Agreement, but which were in effect prior to entering into this
Agreement or instituted thereafter, nor shall the employees have the binding right to
such matters
S.h It is agreed that every incidental duty connected with operations enumerated in
job descriptions is not always comprehensive and employees at the discretion of the
City may be required to perform duties not within their specific job descriptions as long
as they are IN relation to Fire Department operations and have the approval of the
Fire Chief
5.5 Whenever it is determined that civil emergency conditions exist, including riots, civil
disorder, hurricane conditions, or similar catastrophes, the provisions of this Agreement
may be suspended by the Mayor, Ciry Manager and or Chief of Police during the time
of the declared emergency provided that wage rates and monetary fringe benefits shall
not be suspended.
5.6 The Public Employer's failure to exercise any function or right hereby reserved to it,
or its exercising any function or right in a particular way, shall not be deemed a waiver
of this right to exercise such function or right, nor preclude the Public Employer from
exercising the same in some other way not in conflict with the expressed provisions of this
Agreement.
AR~r1CLE s
MANAGEMENT RIGHTS
s I 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, including 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 and 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 the Agreement; to maintain order and efficiency
in its stations and locations; to curtail or discontinue temporarily or permanently, in
whole or in part, operation whenever in the opinion of the Public Employer good
business judgement makes such curtailment or discontinuance advisable; to hire, lay-off,
assign, transfer, promote, demote and determine the qualifications of employees; to create
new job classifications and to create and amend job descriptions; to determine the
starting and quitting time and the number of hours to be worked; to require an employee
to take a physical or mental examination, given by a health service or physician or
psychiatrist selected by the Public 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 it is implemented); and to have complete authority to exercise those
rights and powers incidental thereto, including the tight to make unilateral change,
subject only to such regulations governing the exercise of these rights as are expressly
and specifically provided in this Agreement.
5.2 The above rights of the Public Employer aze not all inclusive or indicate the type of
matters or rights which belong to and are inherent to the Public Employer in its
capacity as manager of the Fire Department of the City. Any of the rights, powers,
and authority the Employer had prior to entering into this collective bargaining
agreement are retained by the Employer, except as expressly and specifically abridged,
delegated, granted or modified by this Agreement. The inherent and common law
management rights, function privileges and prerogatives which the Employer has not
expressly modified or restricted by a specific provision of this Agreement and not in
any way, directly or indirectly, subject to the grievance or arbitration procedures, and
the Employer has no obligation to bargain over the decision to exercise such rights,
functions, prerogative and privileges, or the effects of such decisions
s 3 Anv and all aspects of wages, hours, and working conditions, which are not specifically
covered by this Agreement, may be initiated, instituted, continued or discontinued
without notification of or consultation with the Union. The Public Employer is not
required to continue voluntary aspects of wages, hours, and working conditions
ARTICLE 4
EMPL01'MENT GUIDELINES
41
A The Union, it's representatives, members or any persons acting on their behalf,
agree that the following "unlawful acts" as defined in Chapter 447, Florida
Statutes are prohibited;
Solicitation of public employees during working hours of any employee
who is involved in the solicitation; and
2 Distributing literature during working hours in areas where the work of
the public employees is performed.
This Section shall not be constn~ed to prohibit the distribution of literature
during the employee's lunch hour or in such areas not specifically devoted to
the performance of the employee's official duties.
B The circuit courts of the State shall have jurisdiction to enforce the provisions
of this Section by injunction and contempt proceedings if necessary. A public
employee who is convicted of violation of any provision of this Section may be
discharged or otherwise disciplined by the Public Employer notwithstanding
further provisions of this or any other agreement.
C. No employee organization shall directly or indirectly pay any fines or penalties
assessed against individuals pursuant to the provisions of this Article.
4.2 The Public Employer and Union agree that the basic intent of this Agreement is to
provide a fair day's work in return for a fair day's pay and to provide conditions of
employment suitable to maintain a competent work force. The Public Employer and
Union affirm the joint opposition to any discriminatory practices in connection with
employment, promotion, training or assignment, remembering that the public interest
requires full utilization of employees' skills and ability without regard to race, valor,
creed, religion, national origin or sex.
ARTICLE 3
3.1 The Union and bargaining unit members shall have no right to instigate, promote,
sponsor, engage in, or condone any work stoppage, boycott, slowdown, strike,
intentional disruption of City operations, or to withhold services for any reason.
Each employee who holds a position in the Union occupies also a position of
special trust and responsibility in maintaining and bringing about comphance with
this Article, the strike prohibition of Section 447.505, Florida Statutes, and the
Constitution of the State of Florida, Article I, Section 6.
3.2 The Union, it's officers, agents, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain comphance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any intertuption which maybe
initiated by others; and including their responsibility, in the evem 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 447.507, Florida Statutes, any and
all employees who violate any provision of the law prohibiting strikes or this Article
may be disciplined, up to and including discharge f4LS1t1~l, by the City.
3.4 The circuit courts of the State shall have jurisdiction to enforce the provisions of
this Section by ex pane injunction and contempt proceedings, if necessary.
3.5 For the purpose of this Article, it is agreed that the Union shall be responsible and
liable for any act committed by any of their officers, agems, and/or represematives,
which act constitutes a violation of State law, city ordinance, or pohcy, or the
provisions available to the City under State law. In the evem of a breach of the
provisions herein, the City shall have the right, without further notice, to suspend
this Collective Bazgaining Agreement and withdraw recognition from the Association.
ARTICLE 2
2. I Upon receipt ofa 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. [t is understood that this provision will provide for deductions
equal to the number of pay periods per year. The Public Employer will submit to the
Union the deducted sums within fifteen (I S) calendar days. Changes in the Union
membership dues and rates will be certified to the Public Employer in writing over
the signature of the President of the Union and shall be done at least thirty (30) calendar
days in advance of the effective date of such change. The Public Employer's remittance
will be deemed correct if the Union does not give written notice to the Public Employer
within two (2) calendar days after remittance is received, of its belief and reasons
stated therefor, that the remittance is incorrect.
2.2 The Union will indemnify, defend and hold the Public Employer hamiless 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 notice to the Public Employer and the Union.
Upon receipt of such notification, the Public Employer shall terminate dues on the pay
date immediately following the expiration of the thirty (30) calendar days notice period.
2.4 No deduction shall be made from the pay of an employee for arty payroll period in
which the employee's net earnings for that payroll period are less than the amount
` of dues to be checked off. Net earnings shall mean, net after required deductions
of federal taxes, social security, pensions, credit union, and health and life insurance.
ARTICLE 1
1.1 Pursuant to and in accordance with all applicable provisions of Part [I of Chapter 447,
Florida Statutes, the Public Employer recognizes the IAFF as the exclusive collective
bargaining representative for those employees in the unit certified by PERC
(Certification No. 917) in the Atlantic Beach Fire 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:
1p4111iitZd: All regular full-time fire fighters and engineers employed by the
City of Atlantic Beach.
EXSIu~: Fire Chief, fire lieutenants, and all other employees of the City of
Atlantic Beach.
It is further understood and agreed that the President or the alternate of the IAFF will
be the official spokesman for the Union in any matter between the Union and the
Public Employer, only however, on the matters which the Union has authority
regarding its membership. The President shall designate in writing the name of the
alternate.
1.2 Any alternate shall be designated by the Union in writing. The period of time covered
by such designation shall be included in the written designation. A written Est of the
' accredited officers and representatives of the Union shall be firrrtished to the Public
Employer immediately after their appointment and the Public Employer shall be
notified of any changes of said representatives within ten (10) days.
THIS AGREEMENT is entered into this of 1996,
between the City of Atlantic Beach, hereinafter referred to as the Public Employer, or City,
and the International Association of Fire Fighters, Loca12622, hereinafter referred to as the
Union or Association. It is understood that the Fire Department of the City of Atlantic Beach is
engaged in furnishing essential comfort and general well being to the public and both parties
hereto recognize the need of continuous and reliable service to the public. It is the intent and
purpose of the 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 shall be no individual
arrangement contrary to the terms herein provided.
Whenever a male pronoun is used in the Agreement, it shall be construed to include
reference to both sexes.
PROFE33IONAL FIRE FIGHTERS OF JACKSONVILLE BEACH
716 Magnolia at. Neptune Heath, Fla. 32266 Ph. (904) 2<6-7527
Richard H. Brown
Business Agent
IAP'F', Local 2622
Jim Jarboe
Asst. City Manager
800 Seminole Rd.
Atlantic Beach, FI. 32233
Dear Mr. Ja(i)oe:
HAND DELIVERED
November 21. 1995
A ratification vote was taken on this date for the newly negotiated 1995-98 Agreement
between the City of Atlantic Beach and the International Association of Fire Fighters, Local 2622.
The contract was ratified by a majority vote of the membership.
1 would like to extend my personal thanks to you for the professional manner in which the
negotiations were wnducted. It has been my pleasure to sit at the negotiating table with you and [
hope that we will have occasion to work together in the future.
Sincerely,
~~~ ~
Richard H. Brown
cc: bb
file
>w
~ CITY OF
1'~a.rtie b'tcu,~c - ~lmtt4tltl
To: ocand City Commission
6'W`
From. arboe, Fire Contract Negotiator
t
Re: Fire Labor Contract
AW SEMINOLE RU.1D
ATLrWTIC BEACN, FLOBIUA 32233-5445
TELEPHOYE ~90.7~ 247-51100
FAX i 9041 '247-u8(15
SUNCOM &52.5800
Please tmd attached the negotiated Fire Cortract for FY 95/96 through FY 97/98. The contract is
being submitted to you for your action. Ifyou have arty additional questions concerning this
issue, please contact me.
IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their
respective names by their respective representatives and have executed this Agreement
this day of , 19~
FOR THE CITI', FOR THE UNION,
City Manager
President, Local 2622
Fire Chief
ATTEST:
City Clerk
49
ARTICLE 33
DIiRATION OF AGREEMENT
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 (30th) day of September,
1998. 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, 1998 If written nonce to
negotiate a successor agreement is given by May 1, 1998, the negotiations shall commence
no later than May I5, ]998.
48
ARTICLE 32
32 I The parties acknowledge that during negotiations which resulted in this Ageement,
each had the unlimited 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 ageements arrived at by the parties
after the exercise of that right and opportunity are set forth in this Ageement.
Therefore, the Public Employer and the IAFF for the duration of this Ageement
each voluntarily and unqualifiedly waives the right, and each agees that the other
shall not be obligated to bargaining collectively with respect to any subject or matter
not specifically referred to or covered in this Ageement even though such subjects
or matters may not have been within the knowledge or contemplation to either or
both of the parties at the same time they negotiated or signed this Ageement.
47
ARTICLE 31
V .RSF F~tLITY
31.1 In the event any Article, Section or portion of this Agreement should be held invalid
and unenforceable by any court of competent jurisdiction, such decision shall apply
to the specific Article, Section or portion thereof specified in the court's decision;
and upon issuance of such decision, the Public Employer and the IAFF agree to
immediately negotiate a substitute for the invalidated Article, Section or portion
thereof
46
ARTICLE 30
30 I Bargaining unit employees shall be bound by the Employee Code of Ethics set forth
in the Personal Rules and Regulations. Violations of any provisions of the Employee
Code of Ethics shall subject the employee to disciplinary action, including discharge.
302 No bargaining unit employee shall use City owned equipment for his personal benefit
without the permission of the Fire Chief The Fire Chief s decision on the use of City
owned equipment for personal use shall not be subject to the grievance and arbitration
sections of this agreement. The use of City equipment is not to be construed as a
fringe benefit or as a wage supplement.
30.3 When operating City vehicles, the employee must possess a current and valid Motor
Vehicle Operators License, issued 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 individual is involved in official City business.
30.5 The operation of City equipment must be conducted in a manner which insures the
safety of the operator, the public and the equipment at all times.
45
86:06/1996 14:49 9046950881 .]OFiI YAI]DV: Q.IC PAGE 02
Jokn Woodylnc.
June 6, 1996
Smith i Gillespie Engineers
1100 Cesery Blvd.
Jacksonville, Florida 32211
Attn: Donq Layton ----------- -------- -
Ref: Utility improvements Saltair Subdivision
Atlantic Bench, Florida SiG 19505-21-01
Gentlemen:
Aa requested listed below is our revised quotation for the
asphalt overlay on the remainder of Stnrdivant Avenue. Our quote
is based on the field measurement of 2,132 SY and adjusting one
manhole ring i cover a Seminole Road.
Paving 510,127.00
Manhole Adjustment 325.00
TOTAL =LO,d52.00
This price is good for 90 days.
if you have any questions, please do not hesitate to call.
Sinter
Vice President
cc: Mr. Jim Jarboe, City Manager
Mr. Robert 1COSOy, Director of Public Rorke
Mr. Tim Townsend, utility Plant Division Director
Mr. Cazl Taylor, SiG Resident Obaesroez
~nF
AcL /
John Woody,lnc. JAB
P 0 Box 60?18 latkmnvil/e, F/orida 3?236 PAone: (9p0/783-?411
May 10, 1996
Smith 6 Gillespie Engineers
1100 Cesery Blvd.
Jacksonville, Florida 32211
Attn: Doug Layton
Ref: Utility Improvements Saltair Subdivision
Atlantic Beach, Florida S6G #8505-21-01
Gentlemen:
// ~~.
'/
In reference to our May 6th letter, itemizing the change
orders requested by the City.
Please revise our Item #2 (Asphalt overlay on Sturdivant
Avenue) to ;4.75 per square yard. Due to,additional move in cost
because it will be done at a later date.
We have estimated 1800 SY @ ;4.75 ;8550.00 ±.
If you have any further questions, please do not hesitate
to call.
cc: Mr. Jim Jarboe, City Manager
Mr. Robert Rosoy, Director of Public Works
Mr. Tim Townsend, Utility Plant Division Director
Mr. Carl Taylor, SsG Resident Observer
n '_ i
~;i`
~ ll MAY 1 ~ 1996
Riga ~ - ~ ;~L! ::PIE
J. :~ .~
~mit_y 6 Gillespie Engineers
Psge 2
May 6, 1996
Above quotation is based on utilizing Rancor Sur-lok
pipe.
We also require additional time on our contract to
complete above work.
We request the new completion date to be May 31, 1996.
Please let us know as soon as you can, so we can have the
structures made.
Overlay price is based on being able to complete during
our last move in this week.
Zf you have any further questions, please do not hesitate
to call.
Sincere
President
cc: Mr. Jim Jarboe, City Manager
Mr. Robert Kosoy, Director of Public Works
Mr. Tim Townsend, Utility Plant Division Director
Mr. Carl Taylor, SSG Resident Observer
_ mF
~L
John Woody,Inc. `~~
PO Box 60218 Jacksonvi//e, f/oiide 32236 Phone: (90417831411
0
/d
May 6, 1996 ~f~~"
Smith 6 Gillespie Engineers
1100 Cesery Blvd.
Jacksonville, Florida 32211
Attn: Doug Layton
Ref: Utility Improvements Saltair Subdivision
Atlantic Beach, Florida SSG #8505-21-01
Gentlemen:
In accordance with your May 3rd letter requesting prices for
change orders on the above referenced project.
Listed below is our breakdown per item.
1. Point repair @ Manhole 86
A. Material ; 116.92
B. Labor 488.96
C. Taxes, Insurance, etc. 166.24
D. Equipment: Hoe, Loader,
Compactor 309.00
E. Paving 350.00
;1931.12
Mark up 158 214.66
31645.78
2. Additional overlay on Sturdivant Avenue
;4.18 per square yard.
3. Drainage improvements by pumping station
A. Pipe ; 641.44
B. Inlets 1385.98
C. Job Supplies
(Stone, Brick & Misc) 985.00
D. Labor 1109.92
E. Taxes, Insurance, etc. 377.37
F. Equipment 628.00
G. Grassing 260.00 ~ ~ ~ ~
I ~i
~ ~
,
;5387.71 _
i
i
Mark up 158 808
15 ~ il
.
;6195.66 MAY 81996
'~"ITH ~ '':~~ GILLESPIE
:..~:S. iNC
SMITH ANO GILLES PIE ENGINEERS, INC
PO4T Of FIGC 40A 4J U4
JACKSONVILLE. FLORIDA 32201
(D041 743-6950
May 3, 1996
John Woody, Inc.
Post Office Box 60218
Jacksonville, Florida 32236
Attention: Mr. Michael Woodall
Vice President
Subject: Proposed Change Order
Utility Improvements
Saltair Subdivision
ShG Project No. 8505-21-01
Atlantic Beach, Florida
Gentlemen:
~~V
~3
G~ i'
p,,
DOUGLAS E. LAYTON, PE.
K[.4[>fne.r
Fax: 904\695-0881
The City of Atlantic Beach requests (3) three detailed proposals to perform
additional work under the terms of your subject Contract. Your proposal is
requested at the earliest possible time, but in•no case later than May 17, 1996.
The proposals desired are:
1. Perform a point repair of the 8 inch sever line at each side of
manhole No. 86, located between David Street and Seaspray.
2. Install asphalt overlay on the remainder of S[urdivant, including
the area from Pine Street to Seminole Road and the approximately 162
linear feet east of the nev overlay.
3. Install approximately 75 linear feet of 18 inch storm drain in the
drainage ditch north of the new lift station continuing east to
connect to the existing pipe. (2) two nev storm inlets are to be
incorporated in the nev line. Fill is to provided to fill the ditch
with surface wales graded to the nev inlets.
If you have any questions about this request, please contact us.
Sincerely,
SM(/IT/H AND GILLESPIE ENGINEERS, INC.
~Y ^~jn ~ ~7 ~ .
Dougla~E. Layton /
Mr. Jim Jarboe, Ciry Manager
Mr. Robert S. Kosoy, P.E., Director of Public Works
Mr. Carl A. Taylor, S6G Resident Observer
amLCV a Gillespie Engineers
Page 2
May 1, 1996
Also, we request electrical service to the pump station
2eweeksdandddownotlwantethisptotholdtup the~completi n.~e next
Zf you have any further questions, please do not hesitate to
call.
cc: Mr. Jim Jarboe, City Manager `
Mr. Robert Kosoy, Director of Public Works
Mr. Tim Townsend, Utility Plant Division Director
Mr. Carl Taylor, S6G Resident Observer
~~
Crn,~~.r
John Woody,Inc. ~e
P O Box 60118 .6ckmnvilk, Fhuiafi 37138 Phone: 1904/783.7411
May 1, 1996
Smith 6 Gillespie Engineers
1100 Cesery Blvd
Jacksonville, Florida 32211
Attn: Douc Layton
Ref: Utility Improvements Saltair Subdivision
City of Atlantic Beach
S6G #8505-21-01
Dear Mr. Layton,
Listed below is our breakdown for additional cost to
install a sewer service from manhole 73 to our wet well.
This connection is to maintain sewer service for the Church
and the Boy Scout But.
A. Core hole ~ install boot
in wetwell
B. 6" DR-35 PVC Sewer
117 LF @ ;1.25
- C. Fernco For Tie In
D. Labor -
Frank Wilkerson 8 HRS @ ;8.50
George Walker 8 BRS @ 9.25
Wallace Harden 8 HRS @ 6.75
David Flowers B HRS @ 9_.75
Insurance, Taxes, etc.
E. Equipment
Mark up 158
Total
;I50.00
146.25
18.65
68.00
74.00
54.00
78.00
93.16
125.00
;807.06
121.04
;928.10
,. _ `.
ll , •~tAY ~ ~ ~~
~"~~~
~~~
SMITH AND GIVES PIE EN GIN EEFS. INC. J
soar orr,cE sOx sa,ae ~-"
JwCH30NVILLE, iLOR10A ]2201 ` ,~
Ipo41 743-e D30 / ,
DOUGUS E. UYTON, P.E
,nC[ MIELpFXT
March 1, 1996
John Uoody, Inc. Facsimile: 904/695-0881
Post Office Box 60218
Jacksonville, Florida 32236
Attention: Mr. Michael lioodall
Vise President
Subject: Poinsettia Street
Utility Improvements
Saltair Subdivision
SAC Project No. 8505-21-01
Atlantic Beach, Florida
Reference: Correspondence JVI (Lloodall) to SfiG (Layton) dated February 28, 1996
Gentlemen:
The City of Atlantic Beach has accepted your referenced proposal in the amount
of $1,530.00 to regrade and pave the parking area at Station 13+00 of Poinsettia
Street. This work is necessary due to increase in the elevation of the new
pavement of approxiametly one (1) foot. We understand the proposed parking area
will have the same slope as the adjacent road surface.
Payment for this item vill be done under the contingency included in your current
Contract Value.
If you have any questions in this matter, do not hesitate co contact us.
Sincerely,
SMI1H 6 GILIESPIE ENGINEERS, INC.
Douglas E. Layton
DEL:SBO
cc: Mr. Jim Jarboe, City Manager
Mr. Robert S. Kosoy, P.E., Director of Public Works
Mr. Tim Townsend, Utility Plant Division Director
Mr. Carl A. Taylor, S6G Resident Observer
r'~,t tll
John Woo
Inc.
.ecRmaNN1, Fbrldr 77LT6
Phan: (lWJ7d3-7111
February 28, 1996
Smith i Gillespie Engineers
1100 Caaery Blvd.
Tackaonville, Florida 32211
]1ttn: Doaq Layton
Ref: Utility Improvements Saltair Subdivision
City of 1ltlantic Beach
SiG 18505-2I-O1
Dear ![r. Layton,
Please except this letter as a change order request for
oar subcontractor 81PP Constructiott.
The change order will consist of additional limerock,
regrading and paving of parking azea on pciaaettia Street
adjacent to the elementary school.
Regrnde, limezock and asphalt
75 1 Square Yards ;1,530.00
If yon have any queBtiona, please do not hesitate to call_
Slncezely,
~~~r
Michael Noodall
Vice Pzeeideat
cc: Mr. Jim Jarboe, City !laaager
Mr. Robert 1Coaop, Director of Public Works
Mr. Tim Tarnaead, Utility Plant Division Director
Mr. Carl Taylor, SiG Resident Observer
Mz. Pete Peterson, ENp Construction
~1 F
UEL /
John Woody, Inc.
P 0 Box 60118 Jatksonrilh, f/oiids 31136 Phone: 1904pB3.1411
December 29, 1995
Smith s Gillespie Engineers
1100 Cesery Blvd.
Jacksonville, Florida 32211
Attn: Doug Layton
Ref: Dtility Improvements Saltair Subdivision
City of Atlantic Beach, Florida
SiG #8505-21-01
Dear Mr. Layton,
As we are all aware, the above referenced project was a lump
sum bid. On the bid set of plans there were numerous sewer services
:nown, to which we have included in our price. Rowever, we feel we
are going to encounter some not shown on the plans, especially along
Sturdivant Avenue.
The prices on the monthly estimates were broken out for billing
purposes only and reflect the lump sum price.
Should we encounter any additional services not shown on the
drawings, we will install for ;445.00 Each add ;150.00 Each for any
long side service paving other than what is in our excavation.
It is our recommendation that the rest of the gravity sewer mains
on Sturdivant be televised for service locations, to save on further
change orders for locating existing services.
If Z can be of further assistance, please do not hesitate to
call.
Sincerely,/~~ //1
Michael Woodall
Vice President
cc: Bob Kosoy, City of Atlantic Beach
Carl Taylor, Smith s Gillespie
Jim Lucas, Jim Lucas s Associates
-
1 ~ r
. .~:
~`• ~' j
=i 1
~~
`J J '~'
' L
I'
;i ~i i 4
SMITH ANO GILLESPIE EN GIN EEliS
Hoar orncE eox a]~~a
JACxaONVLLLE, cLOA~DA ]220
(90~~ )~3-6950
~~
INC. I!~'~r
OOUGUS E. uYTON. P E.
vu na:ypENr
November 21, 1995
John Hoody, Inc.
Post Office Box 60218
Jacksonville, Florida 32236
Attention: Mr. Michael Woodall
Vice President
Subject: Bid Item No. 3
Utility Improvements
Saltair Subdivision
S6G Project No. 8505-21-01
Atlantic Beach, Florida
Facsimile: 904/695-0881
Reference: Correspondence JWI (Woodall) to S6G (Layton) dated November 14, 1995
Gentlemen:
We have reviewed the referenced correspondence. Filling the existing sever line
with grout between Manhole No. 20 and 73 is included in Bid Item No. 2 of the Bid
Form as described in Section 01010, Paragraph No. 2.Ol.b of the Contract
Specifications. We therefore must reject your request for compensation for this
work under Item No.3.
If you have further questions in this matter, do not hesitate to contact us.
Sincerely,
S![ITN6GILLESPIEENGINEERS, INC.
f '.~~~-
- e~'``
Douglas E. Layton
DEL:SBO
cc: Mr. Robert S. Kosoy, P.E., Director of Public works
Mr. Tim Townsend, Utility Plant Division Director
Mr. Carl A. Taylor, SdG Resident Observer
/mF
LL~L uJ ~~~
John Woody,Inc.
P 0 Bax 60218 .6tkmnvi/k, F/orida JZ2J6 Phone: (9041781.2411 or 787-0918
November 14, 1995
Smith and Gillespie Bngineers, Inc.
Post Office Box 53138
Jacksonville, Florida 32201
Attn: Doug Layton
Re: Utility Improvements Saltair Subdivision
S & G 88505-21-01
Dear Mr. Layton:
In preparation of the monthly pay estimates, I discovered the
cost for grout filling. The existing sewer lines between Manholes
74 and 20 behind the Community Presbyterian Church was Included in
Bid Item i3.
_ In preparing our proposal, it was my understanding after
studying the summary of work, the Bid Proposal and Addendum 1 to
include this cost in Stem 83. We request that 52,250.00 remain for
Item 83 to cover the grout filling cost, thus making the total deduct
<57,550.00>.
I apologize for any confusion or misunderstanding on my behalf.
If I can be of further assistance, please do not hesitate to call.
Very truly yours,
/r /~ U ~ L,l7VIJ~
Michael Woodall
Vice President
MW/eg
cc: Bob Kosoy, City of Atlantic Beach
Carl Taylor, Smith 6 Gillespie
Jim Lucas, Jim Lucas i Associates
~' rroa ~ s 1995
SMITH AND GILLESFIE
LVCla4 ~ A1taC~kYG=, ~sfC. .~
Design & Consuhing Engineers
James IA. Lucas, P.E.
October 11, 1995 ~"~S•Wbe~.P.E
Mr. Michael woodall
John woody, Inc.
P. O. Box 60218
Jacksonville, Florida 32220
Subject: Saltair Utility Improvements
City of Atlantic Beach
Dear Mr. woodall:
on Monday October 9, 1995, the City Commission of Atlantic
Beach recommended award of the project to your firm. The scope
of work awarded was the base bid plus Additive Alternates 1, 2,
and 3. Theretore, the total cost of the authorization is
$774,687.50. It should be noted that since the Additive
Alternate number 1 is included in the award, the need for bid
item number 3 will no longer necessary. A contract adjustment
will be prepared to handle this.
It should also be noted that the contingency of S52,452.50
included in this award is not to be used unless the proper change
orders are approved by the City Commission. In other words, this
amount for unforeseen change orders is a pert of the award but is
not to be construed ns part of the contract directly. At the end
of the project, should there happen to be no approved change
orders, the final awarded contract amount will be adjusted by
removing this unspent contingency.
The City is in the process of securing the necessary
easements from the Community Presbyterian Church and the St.
Johns River water Management District. In the meantime, please
prepare the contract forms and secure the necessary bonds for the
work. Return the completed documents to Mr. Bob Kosoy, 1200
Sandpiper Lane, Atlantic Beach, Floride 32233. The City will be
contacting you concerning a preconstruction conference and
startup date. No work. will be allowed until the above pernit is
issued and the easement documents are received and executed by
the City. The enclosed calculation sheet shows the contract
amount.
1f you hove any questions, please call.
Sincerely,
cc. Mr. Bob Kosoy
J. Z~AS ASSOCIA~INC.
Jam s M. Lucas, P.E.
President
10475 Forturq aykyyy, BuYdep (~) X090 • Florida 32258
Attachment "B"
Change Order No. 3 - Final
S6.G Project No. 8505-21-O1
June 14, 1996 Page 2
overlaid to create uniformity and improve the quality of the
street.
10. This additional work will eliminate the existing drainage ditch
behind the Presbyterian Church. It is subject to the Water
Management District's approval.
II - QUANTITY ADJUSTMENTS•
Item Nos. 1 through 4 of "Adjustments to Previous Change Orders" are
basically the adjustments of the quantities of work authorized by
the previous change orders. These adjustments are based on the
actual quantities of work installed.
ATTACHMENT "B"
DESCRIPTION AND JUSTIFICATION
CHANGE ORDER N0. 3 - FINP.L
UTILITY IMPROVEMENTS
SALTAIR SUBDIVISION
S6G PROJECT N0. 8505-21-01
JUNE 14. 1996
I - MISCELLANEOUS ADDITIONAL WORK
1. No sever services were shown on the Contract drawings on Sturdivant
between Sylvan and Sherry. This item compensates the Contractor for
the services installed at this location.
2. Inclusion of Additive Alternate No. 1 to the Contract allowed the
installation of new sewer along Sturdivant which eliminated the need
for Bid Item No. 3.
3. The Contractor's bid price to rehabilitate the existing manholes was
based on the amount of manholes listed on the Contract drawings.
One of these manholes is a precast manhole which did not require
rehabilitation. This item deletes the cost to rehabilitate this
manhole.
4. This item compensates the Contractor for the installation of a sewer
service which was not shown on the Contract drawings.
5. In an effort to improve drainage at Poinsettia Street, the Contract
required the existing grade of the street be adjusted. This
resulted in raising the street approximately one (1) foot at one
area. This item compensates the Contractor to regrade and pave the
existing parking area adjacent to this section.
6. Relocation of the existing service connection for the Presbyterian
Church was not shown on the Contract Drawings. Field investigation
revealed this service was connected to a manhole which was to be
removed. This item pays the Contractor to relocate Che Church's
sewer service.
7. Elevations of the existing water mains were not shovn on the
Contract Drawings. During construction, it vas discovered these
water mains were in conflict with the new sanitary sever
installation. This item compensates the Contractor for rerouting
the water mains to avoid these conflicts and allcv the installation
of the new sever lines.
8. The existing sewer •ine at MH No. 86 vas deteriorated which created
settlement in the pavement. The City requested the Contractor to
perform a sewer Line point repair at Y.his location.
9 A part of Sturdivant received asphalt overlay under the original
Contract. The pavement of the remainder of the street is also
deteriorated. The City desires the remainder of the street also be
Attachment "A
Change Order No. 3 - Final
S6~G Project No. 8505-21.01
June 14, 1996 Page 2
10. Construct drainage improvements north of the new lift
station in accordance with the Engineer's request for
proposal dated 5/3/1996 and the Contractor's proposal
dated 5/6/1996 56.195.86
I - SUBTOTAL - MISCELLANEOUS ADDITIONAL WORK: $15,943.36
II - QUANTITY ADJUSTMENTS TO PREVIOUS CHANGE ORDERS
1. Delete Item No. I, "Connect the existing 2" eater
main to 8" water main at Sturdivant Ave." authorized
by Change Order No. 1 ($2,085.39)
2. Delete from Item No. 2.A of Change Order No. 1,
"Clean-out installation on new sewer services":
9 EA x $135.00/EA (1,215.C0)
3. Delete from Item No. 2.B of Change Order No. 1,
"Clean-out installation on services already installed":
4 EA x $185.00/EA (740.00)
4. Add to Item No. 1 of Change Order No. 2, "Furnish and
install concrete driveway":
69.72 SY x $23.00/SY S1.603.56
II - SUBTOTAL - ADJUSTMENTS TO PREVIOUS CHANGE ORDERS: ($2,436.83)
TOTAL VALUE - CHANGE ORDER N0. 3 - FINAL: $13,506.53
ATTACHMENT A
CHANGE ORDER N0. 3 - FINAL
UTILITY IMPROVEMENTS
SALTAIR SUBDIVISION
S6G PROJECT N0. 8505-21-01
JUNE 14, 1996
I - MISCELLANEOUS ADDITIONAL NORK•
1. Construct additional sewer services not shown
on the Contract Drawings on Sturdivant Avenue
between Sylvan Street and Sherry Drive:
14 EA x $233.33/EA $3,266.62
2. Delete Bid Item No. 3 in accordance with James
Lucas's letter dated 10/11/1995, the Contractor's
letter dated 11/14/1995 and the Engineer's letter
dated 11/21/1995 ($9,800.00)
3. Delete the rehabilitation of one (1) manhole from
Item No. SB of the Periodic Estimate:
1 MH @ $2,500.00/EA ($2,500.00)
4. Install an additional sewer service on Poinsettia
Street which was noC shown on Che'Contract Drawings
in accordance with the Contractor's proposal dated
December 29, 1995 $445.00
5. Regrade and pave the parking area at Poinsettia St.
in accordance with the Contractor's proposal dated
2/28/1996 and the Engineer's letter dated 5/1/1996 $1,530.00
6. Install a sewer service from !Di 73 Co the wet well
in accordance with the Contractor's proposal dated
May 1, 1996 $928,10
7. Furnish and install material and labor to resolve
conflicts with the existing water mains at David Ave.
and Pine SC. intersection and two (2) different
locations at David Ave. and Magnolia St.:
3 EA x $1,260.00/EA $3,780.00
8. Perform a point repair at MH No. 86, located between
David St. and Seaspray Ave. in accordance with the
Engineer's request for proposal dated 5/3/1996 and
the Contractor's proposal dated 5/6/1996 $1,645.78
9. Install additional asphalt overlay on Sturdivant
Ave. in accordance with the Engineer's request for
proposal dated 5/3/1996 and the Contractor's proposals
dated 5/6/1996, 5/10/1996 and June 6, 1996:
2,132 SY x $4,75/SY - $10,127.00
Manhole Adjustment - 5325.00
$10,452.00 $10,452.00
Change Order No. 3 Cont'd... June 14, 1996
SSG Project No. 8505-21-01 Page 2
Atlantic Beach, Florida
STATUS OF AUTHORIZED EXTRA WORK
EXTRA WORK AUTHORIZED BY CHANGE ORDER N0. is $12,904.58
EXTRA WORK AUTHORIZED BY CHANGE ORDER N0. 2: $4,600.00
EXTRA WORK AUTHORIZED BY CHANGE ORDER N0. 3 - FINAL: 513.506.53
TOTAL AUTHORIZED EXTRA WORK: $31,011.11
CONTINGENCY STATUS:
CONTRACT CONTINGENCY: $52,452.50
TOTAL AUTHORIZED EXTRA WORK: $31.011.11
UNUSED PORTION OF CONTRACT CONTINGENCY: $21,441.39
FINAL CONTRACT STATUS
ORIGINAL CONTRACT VALUE: $774,687.50
UNUSED PORTION OF CONTRACT CONTINGENCY: S21.441.39
FINAL CONTRACT AMOUNT: $753,246.11
It is further mutually agreed by the CONTRACTOR and the OWNER that the
changes when completed by the CONTRACTOR shall decrease the present Contract
price, which takes into account any and all previous changes in the original
Contract price, by the lump sum amount of Twenty One Thousand Four Hua+d* d Fourt_v
One Dollars and Thizty Nine Cents, (521.441.39) and an increase/decrease in
Contract time for completion of construction of -0- days.
ACCEPTED FOR THE OWNER
By:
Jim Jarboe
City Manager
Date:
ACCEPTED FOR THE CONTRACTOR
B
A7~
ice President
Date: !~ -~7-9G
PREPARE MITH AND GILLESPIE ENGINEERS, INC.
BY~ Q1~ Date: June 14. 1996
Douglas E. La on, P. .
Vice President
a.
,.
CHANGE ORDER N0. 3 - Final
Date: June 14, 1996
To Contract dated November 9, 1995 between the firm of:
John Woody, Inc.
Post Office Box 60218
Jacksonville, Florida 32236
hereinafter referred to as the CONTRACTOR and:
The City of Atlantic Beach, Florida
hereinafter referred to as the OWNER for the construction of:
Utility Improvements
Saltair Subdivision
Lucas Project No. 9539
S6G Project No. 8505-21-01
In compliance with the GENERAL CONDITIONS of the above zeferenced Contract,
CONTRACTOR and OWNER do both hereby agree that the CONTRACTOR shall make the
following changes, additions or deletions to the work specified in the plans and
specifications:
Miscellaneous additional work as detailed
in Attachments "A" and "B" hereto and made
a part hereof:
TOTAL AUTHORIZED EXTRA WORK:
TOTAL DEDUCTIVE CHANCE ORDER NO. 3 - FINAL:
ORIGINAL CONTRACT:
ORIGINAL CONTRACT AMOUNT:
CONTRACT CONTINGENCY:
$13,506.53
($21,441.39)
$722,235.00
S52.452.50
ORIGINAL CONTRACT VALUE: $774,687.50
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Final Change Order For Utility Improvements
Saltair Subdivision Project
SUBMITTED BY: Robert S. Kosoy/Director of Public Works ~`~"~~
DATE: June 19, 1996
BACKGROUND:
Change Order Number Three (3) is the Final Change Order for
the Utility Improvements - Saltair Subdivision Project. This
change order includes miscellaneous additional work as
outlined on Attachment A on the change order received from
the Consultant Engineer. Items 1 through 8 of the
miscellaneous work were completed due to the fact that,
individually and collectively, the cost did not exceed 55,000
and the work needed to be performed expeditiously or delays
to the work would have occurred. Items 9 and 10, which are
proposed to be completed for $10,452 and $6,195.86
respectively have not been completed and are awaiting
approval of this final change order.
With the approval of Change Order Number 3, the project will
be completed for a total cost of 5753,246. The original
contract price approved by the City Commission on October 9,
1995, was 5774,687.50, thereby reducing the cost of thg
project by $21,441.39.
Item 9 is the installation of the additional asphalt overlay
on Sturdivant Avenue to complete the paving which will have
to be done anyway on unresurfaced areas near Sherry Drive and
Seminole Road, which were outside the limits of the utility
work. Item 10 is the piping of the ditch behind the
Community Presbyterian Church, which includes the
construction of new catch basins. This area is not needed
for retention and the work has been requested by the Church
for safety of the children.
RECOMMENDATION: Recommend Approval of Change Order 03
ATTACHMENTS: Change Order N er 3
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO. ~ G
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Rhyne Building
2740 Centerview Drive
Tallahassee, Florida 32399
SPECIAL CONDITION(S)/GENERAL COMMENT(S)
Grantee (Name of SPA): Bureau of Community Assistance
Grant Number: 96-CJ-2P-04-26-02-169
Grant Title: Automated Information System
(A.I.S.)
In addition to the general conditions applicable to fiscal
administration, the grant is subject to the following Special
Condition(s)/General Comment(s):
GENERAL COMMENT(S):
The ADP Equipment Form is approved.
SUBGRANT AWARD CERTIFICATE (CONTINUED):
This grant shall become effective on the beginning date of the grant period,
provided that within 30 days from the date of award, a properly executed
Certificate of Acceptance of Subgrant Award is returned to the department.
1
Authorized Official
Clayton H. h'ilder
Community Program Administrator
Bureau of Community Assistance
Date
[X]This award is subject tc special and/or standard conditions (attached).
BPSM Revised 7-1-79
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Rhyne Building
2740 Centerview Drive
Tallahassee, Florida 32399
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Atlantic Beach
Date of Award: June 11, 1996
Grant Period: From: 06/01/96 To: 09/30/96
Project Title: Automated Information System
(A.I.S.)
Grant Number: 96-CJ-2P-04-26-02-169
Federal Funds: $15,000.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $5,000.00
Total Project Cost: $20,000.00
Program Area: 158
"-Award is hereby made in the amount and for the period shown above cf a grant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100.690, to
the above mentioned Subgrantee and subject to any attached standard or special
conditions.
This award is subject to all applicable rules, regulations, and conditions as
contained in the Financial -and Administrative Guide for Grants, Guideline
Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local
Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It
is also subject to such further rules, regulations and policies as may be
reasonably prescribed by the State or Federal Government consistent with the
purposes and authorization of P.L. 90-351, as amended, and P.L. lOC.690.
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Rhyre Building
2790 Centerview Drive
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
96-CJ-2P-04-26-02-169 in the amount of $15,000,
for a project entitled: Automated Information System
(A.I.S.)
for the period of 06/01/96 through 09/30/96, in accordance with
the statement of work contained in Che subgrant application, and
subject to the Department of Community Affairs' conditions of
agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Typed Name and Title of Official)
(Date of Acceptance)
DCA-CJ Form 1 (June, 1985)
The Honorable Lyman Fletcher
Page Two
We look forward to working with you on this project. Zf we
can be of further assistance, please contact Colleen Matthews
at 904/488-8016.
Sincerely,
Csta~ ~, M . c~.~,c.Q ~,.-
Clayton H. wilder
Community Program Administrator
Bureau of Community Assistance
CHW/CM/tb
Enclosures
~_-~ ,
+r ? ar
e~y,~(
ti~~-, ..
-,
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PUNNING AND MANAGEMENT
LAWTON CHILES JAMES F. MURLEY
Goremor
June 11, 1996
The Honorable Lyman Fletcher
Mayor of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Secretary
Re: 96-CJ-2P-04-26-02-169/Automated Information System
(A.I.S.)
Dear Mayor Fletcher:
The Department of Community Affairs is pleased to award an
Anti-Drug Abuse grant in the amount of $15,000 to your unit of
government. These funds shall be utilized to implement a Drug
Control and System Improvement Formula Grant Program under
Purpose Area 15B, Criminal Justice Information System.
A copy of the approved subgrant application with the above
referenced project number and title is enclosed for your file.
All correspondence with the Department should always refer to the
project number and title.
Your attention is directed to Section H of the subgrant
which is the "Acceptance and Agreement". These conditions should
be reviewed carefully by those parsons responsible for project
administration to avoid delays in project completion and cost
reimbursements.
The enclosed Certificate of F.cceptance should be completed
and returned to the Department within 30 calendar days from the
date of award. This certificate constitutes official acceptance
of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
7A
2740 CENTERVIEW DRIVE • TALLAHASSEE, FLORIDA 3]399.2100
FI ORIDA K(YS AREA Of fNlil(i1l SiAiE C(7NCER!. SOU01 fLOREIA CECOVFRY (7ffiCE (KEEN SWMPAREA fM (SRK.V STALE CONURN
(I(LD IX f RE P.O. !u 1071 f[lD OfFI(E
17%(Nersfai II:Rhway, Sw'r 111 E600 N W. JM SYM I SS Ea Su~nMn
AL~aK:on, F4vda 37050117' Mean, FluiL 77159077 fWo•.f6ny 77E761MI
SECTION 4. TE the city wishes to verify the payments to the city under this
ord~^9^M, BellSouth shall permit the city or a designated representative of the city, upon
reasonable advance wtiaen notice, to review Be1lSouth's billing and payment records, upon
which the payments wen based, during normal business hours at the location of BellSouth
where such records aze maintained. However, no BellSouth records may be duplicated or
taken from BellSouth's premises and the city shall maintain the confidentiality of the
information disclosed in these records and use the information solely for the purposes of
verifying payments by BellSouth. Such BellSouth morels shall be maintained by Se1lSouth
for dte period prescn'bed by the Federal Communications Commission and/or the Florida
Public Service Commission.
SECTION S. BellSouth shall indemnify the city against and assume all liabilities for
damages which tray arise or accrtte to the «ty for any injury to persons or property from
the doing of arty work herein authorized or the neglect of Be1South or any of its employees
to comply with any ordinance regulating the use of the streets of the city. The aocepbrrtce
by Be1lSwth of this ordinance shall be an agreement by it to pay to the city any sum of
money far which the «ty may become liable from or by reason of snch injury.
STffiON 6. BellSouth shall file with the «ry clerk its written acceptance of this
ordinance oa or before August 31, 1996.
SFffiON 7. Nothing in this ordinance shall be constnted as a surrender by the city
of its right or power to regulate the use of its streets.
S~TION 8. Any contractors or lessees who rue the lines and egttipmatt of
BellSartlt wiQila the public streets of the «ry shall be separately authorized and fiandtised
by the city as necessary.
SEOlTON 9. The permission granted by this ordirtat-ce, if accepted by BellSouth,
shall be in force and effect for a term of fifteen (15) years beginning October 1, 19%.
PASSED by the Ciry Commission on first reading this _ day of , 19%.
PASSED by the Ciry Commission on second and final reading this day of
19%.
ATTEST;
MAURBEN KING LYMAN T_ FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIItE
City Attorney
ORDINANCE NO.4 a9~i 9
AN ORDINANCE OF THE CTTY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO
USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE
PURPOSES OF ERECTING, CONSTRUCTING, MAIIVTAINING AND
OPERATING LBVE.S OF TELEPHONE AND TELEGRAPH EQUIP-
MENT THEREON AND THEREUNDER, AND PROVIDING AN
EFFECTIVE DATE.
BE TT ORDAINED by the City Commicc;on of the City of Atlantic Beach, Florida:
SECTION 1. Permission is hereby granted to BellSouth Telecommunications, Inc.
(hereinafter referred to as 'BellSouth"), its successors and assigns, to construct, maintain and
operate litres of telephone and telegraph equipment, including the necessary poles, conduits,
cebka, electrical conductors and fiber optics and digital technology fixtures upon, along.
under and over the public roads, streets, highways and rights of way of the City of Atlanric
Beach, Florida, as its business may from time to time require, provided that all poles shall
be neat and symmetrical.
SECTION 2. The work of etrctittg poles and constructing underground conduits
under this ordinance shall be done subject to the supervision of the city. BellSouth [[ball
replace or properly relay and repair any sidewalk or street that may be displaced by reason
a~f such work, and upon failure of BellSouth to do so after twenty (20) days' written notice
given by the city [[tanager to BellSouth, the city may repair such portion of the sidewalk or
svreea that tray have been disturbed by BegSouffi sad collect the cost so inaarsd fmtn
BellSottdt.
SECIIOl~L3. In consideration of the rights and privileges herein granted, BellSouth
shall pay to the city annually a sttm equal to one percent (1 %) of the gross receipts of
BellSouth on recurring local service revenues for services provided within the corporate
limits of the city by BellSouth, provided that there shall be credited against such sum being
paid to the city the amount of all taxes, licenses, fees and other impositions (except ad
valorem taxes and amounts for assessments for special benefits such as sidewalks, street
pavings and similar improvements, and occupational license taxes) levied or unposed by the
sty upon BellSouth and paid during the preceding fiscal year as defined herein. Payment
shall be made to the city for each of the years that this ordinance is in effect and shall be
based on the receipts of BellSouth for the preceding fiscal year. For the purpose of this
payment, such fiscal year shall end on September 30. The lust such pa}•ment shall be based
on the receipts for the fiscal year ending September 30, 1996, shall be made on or before
March 31, 1997, and shall be for the fiscal year October 1, 1995 through September 30,
1996. Subsequent payments will be made on or before March 31 of each year for which the
permission is herein granted.
STAFF REPORT
AGENDA ITEM: Communications Franchise Agreement
SUBMITTED BY: George `horsey !i, Community Development Director ~ k~
DATE: June 20, 1996
BACKGROUND:
The City of Atlantic Beach has had a Franchise Agreement with Belisouth
Telephone Comparry for use of public Rights-of-Way for telephone poles, lines and
assodated equipment. That franchise agreement (in the form of an ordinance) has
expired and the attached is the proposed new franchise agreement ordinance. This was
prepared by City Attorney Alan Jensen based upon the previous ordinance and several
recommendations from staff.
RECOMMENDATION:
Staff recommends that the City Commission approve Ordinance No. 40-96-19 on
first reading and set a Pubiic Hearing for final passage.
ATTACHMENTS:
- 1) Ordinance 40-96-19
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO. ~~
XII. Thr Employer hereby attr~ts that it is a unit of sane or hxal government ur an agency or
instrumentality of one or more units of state or local government.
Xlll. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the
['Ian made pursuant to Section I x_07 of the Plan or of the discontinuance or abandonment
of the Plan.
XIV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
Thr Employer hcrrhy agues to the pn» isions of the Plan and Trust.
XV. The Employer hereby acknuu~ledges it understands that failure to properly fill out this
Adoption Agreement ma} result in disqualification of the Plan.
XVI. A^ adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 40l of the Internal Revenue Code. -n order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Witness Whereof, dte Employer hereby causes this Agreement to Fx executed on
chic
dac of
19
EMPLOYER CITY OF ATLANTIC BEACH Accepted: ICMA RETIREMENT CORPORATION
Fay:
Lyman T. Fletcher,
Title: avor
Attest:
B~~:
Title: Corporate Secretary
Attest:
® MPP Adoption Agreement 12/23/94
001-94
_ ,C'-.
If the Participant is ur has ever been a participant in a drfineD benefit plan main-
tained by the Employer, anJ if the limitation in Section 6.04 of the Plan woulD he
rsceeJeD, then the Participant's Projected Annual Benefit under the defined benefit
plan shall he reduceD in accordance with the terms thereof to the extent necessary w
satisfy such limitation. If such plan dues not pnrviDr for such reduction, qr if the
linutatiun is sill exceedeD after die reduction, annual aJditiuns shall be reduced to
the extent necessary in the manner DescrihrD in Sections 6.O1 through 6.03. The
methods of avoiding the limitation Described in this paragraph will not apply if the
Employer indicates another meth,xl below.
J Other hlethcxl. (Note to Employer. Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Cude. Such language must
preclude Employer Discretion. See section 1.415-1 of the Regulations for
guidance. )
3. Thr limitation year is the following 12-cunsecutiae month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum
vesting reyutremrnts as noted and (2) the concurrence of the Plan Administrator.
Years of Specified Minimum
Service Percent Vesting
Complete) Vestine Requirements**
Zerq 100 % No minimum
One `% No minimum
Two `% No minimum
Tlvrr %> Not less than 20%
Four % Not less than 40%
Five % Not less than 60%
Six % Nnt less than 80%
Seven, ur more 10i~ 'm Must equal 100°~E,
**Thesr minimum vesting requirements conform to the Ccxle's three to seven year vesting
schedule. 1(thr employee becomes IOI~'%, vested by the completion of five years of service,
there is nu nununwn fur yeah three anD fuue)
XI. Loans arc permitteD under the Plan, as pnwidrD in Article X1 V:
a Yes ^ Nu
MPP Adoption Agreement 12/23/94
001-94 -
Each Participant may make voluntary (unmatched), after-tax contribution, subject to
the limir.+tiuns+~f Section 4.05 and Articles V and VI of the Plan.
~ Yes ^ No
3. Employer contributions and Participant contributions shall he contributed to the
Trust in accordance with the following payment schedule: gi-weekly
VIII. EARNINGS
Earnings, as defined under Section Z.09 of the Plan, shall include:
(a) Overtime
(h) Eionuscs
^ Yes ~ No
~J' Yes ^ No
IX. LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another yualified plan in which any Par-
ticipant in this Plan is (or svas) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).
1. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(x) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
^ Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
I ;
MPP Adoption Agreement 12/23/94
001-94
:. ::-:.- ~_ ~.. ...:. .. J_ ... __ .. _. ~a6
The Employer hereby elects to "pick up" the Mandatory/Required Patticipant
Contribution.
^ Yes ^ No
]Note to Employer: Neither an opinion letter issued by the Intemal
Revenue Service with respect to [he Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Intemal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those
reyuirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
^ Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed _% of
Earnings or $_. Under this option, there is a single, fixed rate of Em-
ployercontributions, but a Patticipant may decline to make the requited
Participant contributions in any Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
^ Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
of the Participant contributions made by the Patticipant for
the Plan Year (nut including Participant umtribunons exceeding _% of
Earnings ur $ ):
PLUS 'X~ of the contributions made by the Patticipant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate _% of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or _% of Earnings, whichever is ^ more or
^ less.
MPP Adoption Agreement 12/23/94
001-94
V. Normal Retirement Age shall he age ~~ (not to exceed age 65).
VL ELIGIBILITY REQUIREMENTS:
The fulLaving group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full-Time Employees
Salaried Employees
Non-union Employees
Management Employees
Public Safety Employees
General Employees
x Other (specify below)
Ci[y Manager __
The group specified must correspond w a group of [he same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effete in the state or hxality of the Employer.
The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be w%n
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
Vll. CONTRIBUTION PROVISIONS
The Employer shall contribute as follows (choose one, if applicable):
® Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
The Employer shall contribute on behalf of each Participant t 5 % of
Eamings nr $-for the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is reyuired to contribute_Q_ °ro of Eamings
ur $_for the Plan Year as a condition of participation in the Plan. (Write
"0" if nu contribution is reyuired.) if Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
® MPP Adoption Agreement 12/23/94
001-94
ICMA RETIREMENT CORPORATICSt~t'
PROTOTYPE MONEY PURCHASE PLAN &TRUST
ADOPTION AGREEMENT ~
tt001
Account Number 9494
The Emplu}•er hereby estahlishes a Money Purchase Plan and Trust to be known as
The City Manager's Plan (the "Plan") in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
^ Yes
~ No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
Employer: City of Atlantic Beach
1\!
Prototype Sponsor:
Name: ICMA Retirement Corporation
Address: 777 N. Capitol Street, N.E.
Washington, D.C.20002-4240
Telephone Number: (202) 962.4600
The Effective Dare of the Plan shall be the firs[ day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
-duly- 1996
I'!an Year will mean:
The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(1) of the Plan.)
x-] The tw•eh•e (12) consecutive month period commencing on 10/1 and
each anniversary thereof.
MPP Adoption Agreement 12.23/94
001-94
required votes under the ICMA Retirement Trust; may delegate any administrative duties
relating to the Plan to appropriate departments; and
BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby authorizes
the Finance Director to execute all necessary agreements with the ICMA Retirement
Corporation incidental to the administration of the Plan.
Adopted by the City Commission of Atlantic Beach this
. 1996.
day of
Lyman T. Fletcher
Mayor/Presiding Otf'icer
Approved as to form and correctness: Attested:
Alan C. Jensen, Esquue
City Attorney
Maureen King, CMC
City Clerk
RESOLUTION NO. 96-25
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN
FOR THE CITY MANAGER IN ACCORDANCE WITH THE CITY
MANAGER EMPLOYMENT CONTRACT
WHEREAS, the City of Atlantic Beach has a City Manager rendering valuable
services; and
WHEREAS, the establishment of a money purchase retirement plan benefits the
City Manager by providing funds for retirement and funds for his beneficiaries in the
event of death; and
WHEREAS, the City of Atlantic Beach desires that its money purchase retirement
plan for the City Manager be administered by the ICMA Retirement Corporation and that
the funds held under such plan be invested in the ICMA Retirement Trust, a trust
established by public employers for the collective investment of funds held under their
retirement and deferred compensation plans:
NOW THEREFORE BE IT RESOLVED that the City of Atlantic Beach hereby
establishes or has established a money purchase retirement plan (the "Plan") in the form
of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust,
pursuant to the specific provisions of the Adoption Agreement (executed copy attached
hereto).
The Plan shall be maintained for the exclusive benefit of the City Manager and his
beneficiaries; and
BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby executes
the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this
execution to be operative with respect to any retirement or deferred compensation plan
subsequently established by the Employer, if the assets of the plan are to be invested in
the ICMA Retirement'frust.
BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby agrees to
serve as trustee under the Plan and to invest funds held under the Plan in the ICMA
Retirement Trust; and
BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator
for the Plan; shall receive necessary reports, notices, etc., from the ICMA Retirement
Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any
CITY dF
1'~aatic $'ear(r - ~lmreda
June 12, 1996
Memorandum to:
The Honorable Mayor
and Members of ~he Ciry Commission
City of Atlantic Beach
Subject: Qualified Retirement Plan for City Manager
City Commission Members:
x::n s~~ll~ut.e RuAu
.117.ATilf RhAC FI, kLURN.4 L2JJ-5115
'IF:I.ENIUtiE 19ni1 L17-SWM
FAX 19n(1 2J7 _Sy115
Attached is a Resolution which adopts a qualified retirement program for me. As you
will recall, this was authorized in my contract.
If you have any questions pertaining to this please feel free to call me.
Respectfully submitted.
J s R. Jarboe
City Manager
JRJ:tI
Attachment
5'A
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ATLASi IC REA('H. FUIRIDA 3"3?
TFLF.PHOSt.~9~u~'_37-5859
June 17, 1996
TO: 1im Jarboe, City Manager
VIA: David Thompson, Public Safety Director
FROT1: John Ruley, Fire Chief ~yr^-
REF: Monthly Report for May, 1996
Attached is a copy of the data from the run reports for the month of May, 1996, and a comparison of runs for
May, 1995.
In addition, you will sce a repel showing the current year 1996 as it compared to the totals for the same time
last year, 1995.
As indicated for the month of May 1996, the Fire Rescue 17epartrnart responded to 114 calls for service.
This figure is about up .9% from the same time last year (May 1995).
The average response time for the month is about 3 minutes and is well within the normal response time to
ca1Lt within the city.
Comparing our total year to date Figures with last years totals, you will see Il~at our call volume is up 6.1 %. .
This month our calls for medical related service is about 65.8% of our total call volume. This figure is
slightly lower than the 70.8% last year same month. The fire related call percentage for this month is about
4.39% wfiich is about .8% above the same month last year.
There were ra major fire losses in the city of Atlantic Beach this month.
City of Atlantic Beach
City Commission Meeting
Staff Report
AGENDA ITEM: FIRE DEPARTMENT MONTHLY REPORT FOR
MAY 1996
SUBMITTED BY: John Ruley, Fire Chief
DATE: June 17. 1996
BACKGROUND Attached is a copy of the Monthly report and fire report data.
RECOMMENDATIONS: To have this report part of the consent agenda for the June 24,
1996 commission meeting.
ATTACHMENTS: Copy of Fire Department monthly report and fire report data.
RECEIVED BY CITY MANAGER: ~ '
AGENDA ITEM NO.
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(EICHIBIT A)
June !0, 1996
Jtl~arY.fL .7AIVMYAI, JVRC tl, 7990 C<pMq~~~M 11y M1Ny i~yuv
Issue: Honesty, not money
After two years of dancing
' "just a little side step," the
Atlantic Beach City
Commission and the top-level
management staff have
succeeded in selling the
$22.835 million utilities
:` system revenue bonds.
An examination of the bond
issue prospectus reveals the
"off the top" test of issuing
the bonds is S1,084,569. The
.same identifies only
510,150,535 of "new money"
r . i.e. funds available for
capital improvements. The
cost of the issue is 10.68
i percent of the construction
~ money generated.
A comparison of the above
r bond issue costs with the
.1993 Barnett Bank loan (510
1 million principal and 570,000
i "off the top" closing costs)
• -confirms the Atlantic Beach
City Commission, the city
? : manager and the city finance
~' director have, in my opinion,
violated their oaths of office.
The issue before the
citizens of Atlantic Beach
and the customers of the
Atlantic Beach and
Buccaneer-Oak Harbor water
and sewer system is more
than the standard S1,084,469;
the issue is honesty and
- integrity.
j Alan N. Potter Sr.,
Atlantic Beach
Minutes Page 7
June 10, 1996
Seminole ditch be placed on the next Commission agenda so that the matter
could be resolved.
There being no further business to come before the City Conunission, the
Mayor declared the meeting adjourned at 8:20 PM.
Lyman T. Fletcher
MayodPresiding Officer
ATTEST:
Maureen King, CMC
City Clerk
NAME OF
COMMAS.
M
S V
Y V
N
V V
Minutes Page 6 NAME OF
June 10, 1996 COMMRS. M S Y N
the 25 - 75% $23,000 matching grant the department had applied for. Grant
monies will be used for training and drug enforcement activities.
It was also reported that the new 800 MHZ radio system was up and working.
'The Fire Department had been using the system since June 7, 1996 and the
Police Department would be operational on June 12, ]996. The new console
will be installed in October upon completion of the Public Safety Building
remodeling.
~ R~Lorrs amd or Requests From Cit~Commis~ioners City Attomev
and C~tv Clerk
City Attorney Jensen asked for Council direction in drafting an orditiattce
concerning dune crossovers and stated the Florida Department of
Environmemal Protection (DEP) must approve such an ordinance.
Discussion was deferred to Building Official Ford who stated that he had
spoken with Bobbie Nelson of the DEP concerning handrail height and
installation of a shorter structure. A 30" structure is the minimum height
requiring a handrail. In diswssion with Ms. Nelson, it was determined that
the DEP would allow a crossover 25" in height with no handrail. However, Mr.
Ford recommended that if this height was used, it would be a safer to build the
structure four feet in width.
Commissioner Shaughnessy stated that she would prefer the walkway to stay
behind the dune line, but it was pointed out that the State would not allow this
type of crossover
Conunissioner Meserve stated that he agreed with the lower height and no
handrails.
City Attorney Jensen stated that the City needed to ertstue funds and personnel
would be available to enforce such an ordinance, and that if not provided, the
State can recind the City's authority to enforce the ordinance. City Attorney
Jensen further stated he had requested other coastal cities' ordinances relating
to this matter.
After some further discussion, it was the consensus of the Commission that the
City Attorney and Building Official work together to draft an ordinance which
will comply with DEP requirements; incorporating the lower height and no
handrails for Commission approval. The draft ordinance would then be sent to
the DEP for review and approval.
Commissioner Shaughnessy requested that discussion of the fimue of the
Minutes Page 5
June 10, 1996
NAME OF
COMMAS.
M
S v
Y ~
N
Parking Permit Ordinance -City Manager Jarboe explained the Parking
Permit Ordinance had lapsed and asked for Commission direction if the City
wished to continue issuing the permits.
Commissioner Meserve stated he had no feelings one way or the other and
questioned if the City was losing money issuing the permits. However, he
further stated that it may be beneficial to keep issuing the permits for 10th
Street.
City Manager Jarboe stated that there was no great administrative expense
involved with issuing the permits.
Mayor Fletcher stated that he believed the pazking permits were a service to
the citizens of Atlantic Beach and should be continued.
Barbara Bonner of 463 Selva Lakes Circle stated that she favored issuance of
the permits and wished there could be more designated parking spaces; with at
least one at every street end.
Mr. Mazchioli suggested that the matter be referred to the Parking and Traffic
Committee.
Mayor Fletcher referred the matter to staff and asked that a petrnanertt
ordinance be drafted and brought back before the Commission at a later date.
Tiftfaoy by the Sea Trees -City Manager Jarboe reported that half of the trees
' planted on Santuriba Drive had died and there was a one year replacement
guarantee. After some discussion wncerning replacement of the trees, the
[natter was referred to staff to insure replacement.
A. Report on Capital Improvement Projects
City Manager Jarboe deferred discussion of the Capital Improvement Projects
to Public Works Director Kosoy. Mr. Kosoy then introduced Mr. Jim Jacques,
Technical Advisor to the City for the various projects. Mr Jacques preserrted a
comprehensive overview of the projects using charts and graphs to illustrate the
progess. He stated that everything was on schedule, and that many of the
smaller projects had been combined into a larger project to provide good
control and tracking.
B. Report relative to Department of Community Affairs Grant to
Atlantic Beacb Police Department
Chief Campbell reported that the department expected to receive approval for
Minutes Page 4
June 10, 1996
: l00' lots and creation of a Aome Owners' Association as a
condition of the plat approval.
There being no further discussion, the motion carried unanimously.
B. Approve Change Order No. 1 in the Water Line Connection to
Oceanwalk Subdivision representing a deduction in the amount of
$5,763.00
Motion: Approve Cbange Order No. 1 for Water Line Connection
to Oceaowalk Subdivision representing a deduction of 55,763.00.
Commissioner Shaughnessy pointed out that the Change Order represemed a
deduction and commended Cmrhn-May, the company doing the work.
The motion carried unanimously.
C. Authorize Stafff to seek bids fur a new or reconditioned fire truck
Motion: Grant Staff authorization to seek bids for a new or
reconditioned fire truck
There was no discussion. The motion carried unanimously.
D. Approve Cbange Order No. 1 and authorae ezpeuditurc of funds
to relocate dedric bo: at Donner Park Community Center as
requested by the architect
City Manager Jarboe explained that Staff was under the impression that there
would be no charge for the work completed to move an existing meter box
from its original location next to an "exit" door. Mr. Jarboe deferred further
comments to Building Official Ford.
Mr. Ford explained that the "exit" door opened onto the meter box and for
safety reasons the box was moved closer to the service panel. When this item
was discussed with the electrician and architect, no mention was made of an
additional charge for the work. However, a bill has been received from the
architect for approximately $480 for redesign work.
The architect was not present to explain the request and no action was taken on
this matter.
$, City Manager Reports and/ar Correspondence:
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Minutes Page 3
June 10, ]996
A. Ordinance No. 95-96-67 Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORH)A,
TO AMEND CHAPTER 129, BY ADDING A NEW SECTION 19-4.
SPECIAL EVENTS RULES AND REGULATIONS, TO PROVIDE
RULES AND REGULATIONS FOR THE STAGING OF SPECIAL
EVENTS ON PUBLIC PROPERTY AND PROVH)ING AN EFFECTIVE
DATE.
The Mayor presented Ordinance 95-96-67 in full, in writing and read the
ordinance by title only. He opened the floor for public discussion of the
ordinance.
John Baillie of 1923 Beach Avenue questioned the intent of the ordinance and
asked if it kept the present city policy concerning the regulation of staging
special events. City Manager Jarboe explained that the ordinance codified the
existing in-house rules as applied to the staging of special events.
Since no one else wished to speak, the public hearing portion was closed and
the floor was opened for Commission discussion of the ordinance.
There was no Commission discussion of the ordinance.
Motion: Adopt Ordinanct No. 95-96-67.
The motion carried unanimously.
Z New Business•
A. Approve final plat for Francis Cove Subdivision and authorae
e:ecution of same by Mayor and City Clerk
Community Development Director Worley informed the Commission that the
plat had been reviewed by staff and approval was recommended with a waiver
allowing the smaller 50' x 100' lots.
Mayor Fletcher inquired concerning old crepe myrtle growing on the site. Mr.
Worley stated that the Tree Board had already reviewed the site and made their
recommendations for saving older trees.
Commissioner Shaughnessy stated that she favored approval of the plat with the
condition a Homeowners' Association be included in the covenants.
Motion: Approve final plat for Francis Cove Subdivisan with 50'
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Minutes Page 2
June ] 0, 1996
Mayor Fletcher appointed the following citizens to three year terms on the
Cultural Arts Board: Nancy DeCandis, Dan McKinnon, Cecile Purcell and
Karen Summers. Darlene Glasel was appointed to a two year term on the
Board.
The Commissioners unanimously supported the Mayor's appointments.
The two remaining seats on the Board will be filled at the next Commission
meeting.
9, Consent Yenda•
A. Acknowledge receipt of Public Works Projects Report
B. Acknowledge receipt of Building Department Report for May
C. Acknowledge receipt of Code Enforcement Report for May
D. Acknowledge receipt of Recreation Department Facilities Usage
Report for May
E. Acknowledge receipt of report relative to Parking Permit Program
Commissioner Shaughnessy questioned the difference between a duplex and a
town home. City Manager Jarboe explained the differences.
Items 4-B and 4-E were withdrawn from the consent agenda for discussion
under Item 8. The consent agenda items were received and acknowledged.
~, Action on Resolutions:
A. Adoption of Resolution No. 96-24 A RESOLUTION OF THE
CITY OF ATLANTIC BEACH, FLORH)A, IIY SUPPORT OF
S.1181 AND H.R 3351, TITLED "THE SHORE PROTECTION
ACT OF 1996"; URGING THE BILLS' QUICK PASSAGE AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Fletcher read the Resolution by title only. City Manager Jarboe related
that this Resolution supported the continuation of federal funding for beach
renourishment and shore protection programs.
Motion: Adopt Resolution No. 96-24.
There was no discussion and the motion carried unanimously.
_¢,_ Action oo Ordinances:
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MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMUVOLE ROAD,
AT 7:15 PM ON MONDAY, JUNE 10, 1996
PRESENT: Lyman Fletcher, Mayor
John Meserve
Tim Reed
Suzanne Shaughnessy, Commissioners
AND: Alan C. Jensen, City Attorney
Maureen King, City Clerk
James Jarboe, City Manager
ABSENT: Steven Rosenbloom ,Commissioner (Excused)
The meeting was called to order. The invocation was followed by the Pledge
of Allegiance to the Flag.
L Approval of the minutes of the Regular Meeting held Mav 27
1996•
Motion: Approve minutes of the regular meeting held May 27,
1996.
The motion tamed unanimously.
2 RecoEnition of Visitors:
J.P. Marchioli of 414 Sherry Drive requested Commission consideration of
modifying the City's water billing procedure to allow a customer to pay an
estimated monthly bill while on an extended vacation, based on a similar
program offered by the JEA Mayor Fletcher stated he believed those
modifications would be too costly for a city the size of Atlantic Beach.
Alan Potter of 374 Second Street referred to a copy of the final bond
resolution for the issuance of the Series 1996 Utilities System Revenue Bonds
he had obtained from the City Clerk's office and a letter he had written to the
Editor of Shorelines (Attached Exhibit A) when expressing his concerns
related to the bond closing costs and location of the issuing agent.
~ Unfinished Business:
A. Appointments to the Cultural Arts Board
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Page "fwo AGENDA June 24, 1996
C Approve final Change Order in the Saltair Subdivision Improvements Project
representing a reduction in the cost of the project by S21,441.39
D. Ratification of contract between the City of Atlantic Beach and the International
Association of Firefighters Local 2622
8. City Manager Reports and/or Correapondenee:
9. Reports and/or requests from City Commissioners, City Attorney and City Clertc
Adjournment
If arty person decides to appeal any decision made by the City Commission with respell to any matter
considered at arty nteetittg, such person may need a record of the procoodiogs, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Arty person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meting. Eor your comeoieace, forms for this purpose are
available at the entrance to the Commission Chambers.
In accordance with the Arnexicans with Disabilities Act and Section 286.26, Florida Statutes, parsons
with disabilities needing special accommodation to partiapate in this meeting should contact the City
Clerk.
'~ -.
CITY OF ATLANTIC BEACH
COMMISSION MEETING -JUNE 24, 1996
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular meeting of June ]0, 1996
2 Recognition of Visitors:
A. Recognition of Employee of the Month
3. Unfinished Business:
A. Appointments to the Cultural Arts Board
(2 members for 2-year terms)
4. Coount Agenda:
A. Acknowledge receipt of Public Works projects report
B. Acknowledge receipt of Fire Department report for May
5. Action on Resolutions:
A. Adoption of Resolution No. 96-25: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, ESTABLISHING A MONEY PURCHASE
RETIREMENT PLAN FOR THE CITY MANAGER IN ACCORDANCE WITH
THE CITY MANAGER'S EMPLOYMENT CONTRACT
6. Action on Ordinances:
A. Ordinance No. 40-96-19 - Imroduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE
PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE
7 Nee• Business:
A. Accept Automated Information System (.A.I.S.) Anti-Drug Abuse grant in the amoum
of S 15,000.00 and authorized the Mayor to execute CertiScate of Acceptance
B. Discussion and related action in connection with the Seminole Road drainage ditch
Jug