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06-01-96r !. ~i I I I i i ~ I I l i i ' ! i I j j % I P ~ C ~ W I C O C Y O W ¢I I I I I I O C • 6 G F I I 0 o I I ~ ~ I ~i i ' !II I I I I i I 'll 4~ i i I I ~I I I l i i l l l I I! , W. l l l l l l i l i W! ail I i I i I I i I I ~ ~ I I! I I i I I I ~ ~ I I I I I U I I o 1 ( ~ Wi i _ Q i ~ LL Z W.1 ~I i !, i I II I I OU ~ ~ ~ ~ 1 , 1 ; I ~ I I I ; >W ~~ .. .. 1 . ._ U V ~ W' l ~ I I I i I l~ ( I I ! I ~ f W J n I ~ i l I Z Q o ~• ~ ~ x i ~ I J y~ W i i I Q a I I 1 , WIC r M ~ .f Y ~Y U I Q. ~ I ~ i I ` j I ~~ . I j ~ ~ I i I I I i ; ~ I ~ ~ r .~ w ' M I I 1 i ! i I ! W 't I i I I i I I i f I W I i i l l~ l l i~ ' I ~ N U ¢ I I I I ~ I I I ~ I 01 I ( I I I I s W x i i 1 I 1 i I I I Y ti W. I I 1 I I ~ I '.. I I I I I I I i ~ i I '. i x 'c In o U O J~ ¢ I ' i ~ ! I I I I i . I r I pl ~~ 1i ~ I I v. - ~ Oi ~ I I I TI I i i j ( I i i i ~~ I I 1 I I I I I VI F! I ~ i I I I 1 ~ ! I ! I N ' I I I I W' V' r r 1 I 'l. S ~ i I ~ M' 4li '. i j I 1 ~ I I i I Y ~ _ l O' 1 J U y I N. I I ~ ~ I i I j i 1 • y i s~ i a• ~ m.. ~~ ~ '~ r ' i 1 d i ! ! - _ ' p i ~~ e; til :J _.i ~ ~,~ m i j _ i f ~ I i I I o ~ a. : l i W D 'i r ml ~ zi ~. '~ I r m + N ~ T 4 U ~~ Y ~. I I ' W ..: WI w r 1 . 1 ~ J = _ _ W I 6! I Y i m ~ I ~~ I 1 O . . m ' F' j . O " ~ I ! I ~ ~ I ~ 3 z J .. I F~ I , W, x c ~ ~~ ~I ~ I 1 I I I 1 I I I I~ I f I I 1 Q ' r i 1 r ¢ I m W ~ I I I I I I ~ I I ' I I I I I I! I I i !i 1 . ~ ' 2 i r 1 ! 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 ~ LTM TYIE OF IIfIRUWCE Pd1CY IAIAMEII POLICY f~TIVE __ _--.- ROLICY ExrwATnN --_. 11RT5 DATE nauoonn fiATE orroonn A aE 1E3IALUAnIrY 1030129198 06/01/95 06/01/96 GENERAIAGGREGATE t 1 000 000 X COMMEACY4 GFJIEnA UABNTr L PRDaKrs. cOAr~DP AGG 1 1 000 000 I ~ I cLAwS MADE XCj occuR PERSONAL s ADV wUlir t 5 0 0 0 0 0 OWFEII'SACOMMCTOR'SPIgT EACH OCCURRENCE t SOO, OOO ~ X 8250 Property FETE DAMAGE IAI Ey 1 SO OOO Dama a Deduct N a. MEDEXPIAeYa~1~w1 1 5 000 ' A Au TOMOrELwurY A130135549 06/01/95 06/01/96 I I X ANrADTO CO1i1~O~G~~ F 500 000 ~ ALL OWNED AUTOS ~ SCHEDLEED AUTOS BOpLr puLm' IPr pAmry t X NNED AUTOS X NON-0WNEO AlR05 BODAY tWUM IP~.cTJ/Fnll 1 i PROPERTY DAAUIGE i ~ ~ l1A~ElfY AUTO OIAY ~ EA ACC~@/T 1 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCMEM t AGGREGATE 1 EX~ nA~lffY EACH OCCURENCE 1 UMBIEUJI FORM AfiCiREGATE t OTHER THAN VMBIELU FOIOA 1 WOR%FM COAEfl1i11710N AND EMPLOYeK' lWl7TY STAMOIIY U1MT5 TIE PROPtETO1V EACH ACCIDENT t 1lICL - PAATNERS/E%ECUTME - DISEASE -POLICY OMR ~ 1 OFFICERS ARE: EXCL 06FASE ~ EACH EMPLOYEE _ 071E71 1 OeiC111PTlDN OF OPEMTgNSlLOCA7IDIR/VB~pFi/~PECML ReAE CBiJ1FlCdT£ HOLDER : ,., .: > CAIICELLA71pN ..: ., . , / , : , ..... . . ,. :r ,.,,. .., i _ .,~.r ,,: .. i ,•~ ~/i. ' f1gUlD ANY OP TIE ABOVE DEfCRNIED POUCEf E CANtEUEp $FfOIE TIE FXP$111710N GATE TNEREOf. TIE i>A1e0 COAlANT Wll EMDFAVpI TO IAAE . City of Atlantic Beach ~oAYS,rime,llD„cETOTHECa„slc~,TE„DLmINAII~TDnE,s T 8 0 0 Seminole Blvd . w,r FAU,EE TO MAl s11c1I Noi1CE S1uu.,.oEE Iq a11LIaATpN DA DAIRY Atlantic Beach, FL 32233 DF ANY I1PDt1 COAfANT R ADe1ii DR . - ATNES. I 27~ ~( ., I ~~ ACOND25.513193) ~,~.:.: ,, ,,,,,.,~a .~.,; s,~,;; ,.~,.,..,;:.:.. ,,,<r, ,~ yl;~~:;: OCOIIOIIATIer..D., - .. '' ~ n ..~~ ~ A VNI ¢ Z ' N¢ a ¢ _ W J , ~ Z ~ < W~~ ~ ~ • ~+ Tr~ S ~2J . p~ J ~ V _ ~ . . a C m •W < ~ r• P IV= .. '~ I..+ W ~ , ¢H ~ N w O e IL 'a ¢.. Z ~ w W > V N • C j.~. ~- # a ! ~ v t t ~' W `~ ~ O tW hr w rJ0 C ~ a O ~ Nz ~ N ~ <Ja „ ~ °o ~~ 3 Atn ¢t O ~? ~ <V . 7n ~ N2 r ~ n w ~ J LL2LLW Z N W W 2W¢ " i ~ ~~ pLLOtyp LL QO =Z Z>~ N V••IL ° C £ 33 ~ al a OZ ~< R J ~ j < F W W=a ..W W F ~ yy~~ W IL J 1~ ~, N ~ a~ q a ~ LL Q J < ZC'J Z Z f gg ~ } , ~ YI Z y e ~ 1f O a ~ <~ .vr ~~+a ~ ~ ' ° w ~ ~i a ro> - O r ¢ ~ fvo ~N ~h M f :4 i ~ < ~ ~ JJ JJJJ y ~ s ' • K Y'1'1 IL Y WNW C C z v ~ r ~ T Z~ ~~ C z N<a h ~ V N ~ N V OF O . N r~ r .:1 < V2> ~ r V rNrM .. ~ ¢ .1C < ~ O1:lWW ¢K O W N -- N < V W W Z P ' S J¢2 a ~- N ~. 1 N ZOF~I! ~ o ~ ~ ~ UY<W d ~ " O 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~ Ci G a 0 Q C' j 4 ~ ~ ~j •a !a~ b g~i~ g~~ ~ ~~ ~ lg~ ~ ~ ~ ~ ~. ~ '~ 5 ~ ` 9pg b ~~ y { ~~ ~~~ ~ ~ 8 ~ fr~ $b i~ 9 b 4 ~ ~ o- , b ~ C, ~ ~ . r ~. ~ .6 tl~ ~ ~~ ~~y ~ 9 ~j ~~ p 3~$b~~~ ~~~~ ~ ~ s ~~ ~ ~9ya~ '~ ~~ d ~ ~~ d y i b~ 4 ~ 8 i cl EO ~ a~ ~ b ~ j ~ ~ 9~ ~ ~ ~ ~~ ~~ ~~ y 8 b~~ ~~ x3 ~.~ ~ E ~~ ~ ° ~ ~ ~ ~ ~. ~~ ~ e~ 7 ~ ,~ ~ b ti ~ ~ ~~ ~; ~ ~~ ~~ . s ~. ~~ ~ ~~ ~ ~i a ~~ ~b~.! ~ly~~~,' ~ ~r i $~ ~ ~ ~ ~ ~~ ~~ ~~. ~~~ ~ ! ~ a~ ~~ ~ a ~ ~~~ ~ i~~~ ~,~~~ e~~~~~ ~~~~~~ ~~ a ~~ ~ e~ ~~ ~~ ~~ ~ ! ~~ r ~~ i ~ ~ ~ d~ ~a ~~ ~ ~ i ~~~ b~e $ ~ r.~ a ~$~ ~d~6;~~b a~~g~g ~ ! ~44~~ ~d~~~ i i~ ~~ ~~ ~ 1a $B ~~ e~ ~ ~ ~ ~~ '~ ~aaa ~ ~~~ ~~~ ~ ~ 7 ~y~y v~6F~$ ~~~i~~ cy~,y ~~ ~ ~ :~ ~~: ~ a 3~ ~ ~ ~~ ~ ~ ~~ Ddi ~ ~ ~ @ bg 8 ~ ~a e9rr~ ~ ~~ ~~ gg <4 9e ab 8~ ~ 5 88~i d~F < 3r~ il H d < < db 2~r ae a~ se e se <e fie.... Vie.... fie., 2 ae., ~_ ~gg ae ~e ~ ~e de 0 EOj a~ ~ F ~ Y ~^ r. ~ O ~ ~~a ~ ~~ U ~~ ~ 3 ~~ S~ ~ ~ ~ ~~ ~ ~ ~ e ~ 2 ~ ~ ~ 3v < ~~ ~ ~g~ ~ oKO o 7E <~ 1 m~ 0 < ~ 'p n P s 5 ~ 0 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 r `Q ` K W U ~ O V ~ m W O b q d N YR ~: o c ~~ ~~ H w N w m O ~w ~o ~R o iD '~ n'$ Y. p N N N /~ p yOCC App V~ ~yypM1 ~i C. f~ ^ (V ~M v~ o~ w N NN ', p A ~. m iOi C pO m P ~P 10N ~O w « R» rv m ~ }~i~ $~ ~0 ~~ .~ C~ N M vN~N O O V' n e rv w N N N ~ " eg w ~ me ~e nc n+`~ as nw r ~, .R ~, °w 8 ~ B R ~7S ~: CiM Pw M N N W N J PY _[ Y . ~ S P . sP ~ ~. r O n O ry o, kN w wN N ry ~ n ~ ~ O R^ w ~~ Y1 O O <- P m $ ~~ O ~ w M „ M - O S N M1 n ~ ~ry f, Nw ~I~ V ~ Z ~ w m m ~ a~ '~ ~& s? W a 0 H W U ': ~ o ~ W O!I: N R $~ 1 a r- ~ ~ CA C« W U W O LL W LL '! ~ ~ LL h Li ~ P ~.' n e ~'w ~O M Q w ~ 7 w 0$ 7~ ~ ^o .d N N N P w ~ n N `Re SiX n~ N m: N m ~ 88 R ~,~ ~ ~ ~e .. O w M ~ N MP A 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 W O T C T C` S T C C T 6~ O` E~ T T S ~, i0~ Ol~ MMfgN ~ilJO NNN N t p 0 W ~ O< Q t 0 Q m O m 0 Q `Wj $ N O O ~ g 0 0 0 tp 0 0 0 0 N Q ~ ~I~a ~ ~~~~X~~~~~pp~~~~~~p~pp~p ~ ~ g ~ TN NOONiOO fOn TNn r ~N N ~ O a~ ~ O ~ I~ ~ O~ l~ 0 0 0 0 l+f (V (V W a, ~ L d Q ~ M N m N Q N M C ~ M I~ M 0 0 O r }~~ N r ~ O d Z ~ W ~' ~ W 00? 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Y U w<~~ V fyI11 W (~ ~? y ~ J V d W W W 2 R N j W> _K W y 2~ ~ 2 Q H N f ~ R' LL LL <S ~ N ? ~ ~ > m > C7 '~ V F 0 O ,4 moo~io~o~~~a~o~a~o~a~oa~o~ noo~n~oaSgaogao~naoaoS ~ G O Y O O N O C O O G P 1 G C C N O O 1 n ~ O N O O ~ O e- f ~ ~ O f~ N = O Q C ~i ~ K J 2 C K z O < ~ U K t•f Z N 0 a N N W 7- 1' O ~ W O Fr a~j 1A NO N O 1f1 ^.-of f b r ` ? J Z ~ ~ LL J ~ -' z w N O ~ m F O z~ w N U ~ 2 Z ~ ~~=W W C q m Z O F z V J LL J W< << J g~< S~~ v,< x v J ~ C p~t~1U ' )a D 0 N W W ~ W W K_ W 2 J 2 N y F' ~ m C` m K F F ~. ~. K LL LL i f to ? 3.> m> O Z' d m W a U CITY OF ,m. ~.nc at.rcu nei:~tcrsrt ~. x<p tiFV11SOLF. ROAU 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. i ~g ~ ~~ ~ 5 ~~ ~ ~ ~ ~~ 3 a 1 l~ Y ~ ~ ~d i ~B ~ ~ g ~~ ~~ ~ ~~~~$~$ ~j ~$ 8 '~ ~ ~g ~ ~g (~i~75 F E '7Y g B 5~ ~ ~ ~ ,fig' ~ b ~~ ~ ~ g~ ~ ~ y z 5 j$ b ~~ 9 ~~ ~ ~ ~~ ~~ ~a ~ b ~~ 7 bp ~ ~y' ~ 8 ~g,~g ~~~~8 ~ b ~ ~~ i ~ ii -e}~ ~8b p b 5~ ~`bpg~ ~ ~-y[ ~ ~ E e e g i ~ ~~ ~ b ~ ~~ ~~ ~~~~~ ~ ~ I 7 b~ ~ b ~ ~ ~' a q ~~ . r~ ~~ ~ ~a t~~~~ ~ 9~ ~~~ ~ b ~ ~ ~~ ~ d ~ S}~ g b s~ e ~ ~ ~~ ~ tl ~e~~ ~' i g~~~ ~~ ~ i ~~~ ~ a ~ ~e ~ ~ ~ ~~ ~e e !5 F ~ _ ~~ c a m ~ pp~~ F ~ ~ rq C a ~ ~ E ~ o ~ ~ Z o v, ~ ~ z p ~ z p 55 d ~ ~ ~ p°O~ > ~ ~~ m d ~~~ p«$ ~ ~ ~g ~g ~~ <~ ~ ~~ ~~ o~~ 3~< ~ ~ o ~ ~~ ~~ a ~ ~ ~ ~~ ~ ~ ~~ ~8 ~ ~S r m P p ~ ~ ii e t w a p °a 3 3 4 A (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: NAME OF COMI~LriS. M S V Y V N MESERVE X X REED X SHAUGHNESS X X FLETCHER X MESERVE X X REED X X SHAUGHNESS X FLETCHER X 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' NAME OF COMMHS. M S v Y v N MESERVE X REED X X SHAUGHNESS Xi X~ FLETCHER X MESERVE X X REED 7{ SHAUGHNESS X X FLETCHER X 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: NAME OF COMMRS. M S v Y v N MESERVE x x REED X SHAUGHNESSY X X FLETCHER X 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 ME OF COMMRS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O MESERVE X REED X X SHAUGHNESSY X X FLETCHER X 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