10-26-98
X998 ~o-um ~pnin.~i~
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5~00~~1 - ~:~ooJ'.
Mistress of Ceremony Mayor Suzanne Shughnessy
Welcome ... Atlantic Beach Mayor Suzanne Shaug essy
Santa's Arrival Here comes anta lau ene Nordan & Mayport Middle Band
~ Songs Roberts Mt Pisgah A M E Church Choir
Theatrical Performance ......... ............................................................Active lio
~ Special Performance........ .....Gene Nordan
~ Songs...... ... .. Atlantic Beach Elementary School Chorus
Liehtir:g of the Tree ................ ...........Atlantic Beach & Neptune Beach Mayor
? Musical Selections ..........................................Mayport Middle School Band
~ Songs Mavoort Middle School Mariners
Santa's Departure .............. ......................_............Approximately 8:30P.M.
I in
*Sponsored byPublix, City of Atlantic Beach, Neptune Beach, Town Center
Merchants and the Sea Turtle Inn
**The Beautification Committee is selling luminaries for $2 (A kit of six)
*** ? Groups that have not responded to participating
1998 TOWN CENTER
HOLIDAY TREE LIGHTING CELEBRATION
SATURDA`f, DECEMBER 5
5:00 P. M.
ATLANTIC BOULEVARD AT THE OCEAN
FREE & OPEN TO THE PUBLIC
RAIN DATE:
SUNDAY, DECEMBER 6 AT 5:OOPM
v
RECOMMENDATION: Staff recommends authorizing the City Manager to expend an
amount not to exceed S3S00 for the 1998 Town Center Holiday Tree Lighting Celebration.
ATTACHMENTS: 1. Sample flier
2. Sample program
R~ViEWED BY CI']'Y MANAG1rR:__ i
AGENDA ITEM.
DATE ID- 2b- 9R
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Discussion and action on the Tree Lighting in Town Center
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: October 21, 1998
BACKGROUND: The City Commission decided to hold the 1998 Holiday Tree
Lighting Celebration at Town Center. There has been a coordinated effort between the City of
Atlantic Beach, Neptune Beach, Town Center Merchants and the Sea Turtle Inn.
The event will be held Saturday, December 5 at S:OOPM and will follow the same format as last
year, songs by schools and church groups, a performance by Gene Nordan and an apperance from
Santa. The cost of this event is estimated to be $3500 which will include decorations,
maintenance workers for set-up and break-down, officers to block streets (Ocean Blvd., 1st Street
and Atlantic Blvd.), performers, bus and candy canes.
* Decorations (lights, bows, extension cords, candy canes, etc.) $1200
* Maintenance Workers & Officers
Set-up for event {2 workers ($14hr x 4hrs., ot}=$56 totaling $112
Put up decorations {3 workers ($9hr x 24hrs~$216 totaling $648
Officers {2 officers ($20hr x 4hrs)= $80 totaling $160
(Set-up, breakdown and block streets)
Total for Workers & Officers $ 920
* Performers (Gene Nordan, Mariners & Santa) $ 800
* Bus $ 85
* Candy Canes (For Santa to pass out) $ 200
* Miscellaneous (Tree trimming, electrical repairs, etc.) $ 295
Grand Total: $3500
Agenda 1!em: 8~
CITY OF ATLANTIC BEACH
CITY COMIvIISSIONER MEETING
STAFF REPORT
SUBJECT: Employee Leave Donation Program
AGENDA ITEM: Yes.
ACTION REQUESTED:
Authorize City Manager to establish a leave donation program effective October 1, 1998 which
would authorize employees to donate leave to employees that may have medical conditions and
insufficient leave to cover the period of their absence.
DISCUSSION:
We currently have a City employee with a medical conditions but insufficient leave to cover the
period of expected medical absence. Other employees desire to "donate" leave to assist; however,
there are no provisions to allow them to do so. Therefore, approval is needed to allow other
employees to immediately donate leave.
Written policies and procedures will be established and included within the Ciiy's Personnel
Policies and Procedures and Safety Manual to cover the basic areas, such as:
Eligibility criteria for receipt of leave,
Criteria for leave donation,
Limits on amount of leave to be received,
How employee's request leave,
Etc.
FUNDING: Funding for donated leave will come from the recipient's salary account as budgeted.
Donated leave will be deducted from the donor's leave balance.
SUBMITTED BY: George Foster, Human Resource Manager
REVIEWED BY CITY MANAGER:
is found to be unenforceable, the other paragraphs shall remain fully valid and
enforceable. This agreement shall survive the termination of any agreements
contained herein.
7. This agreement sets forth the entire agreement between the parties
hereto, and fully supersedes any and all prior agreements and understandings
between the parties hereto pertai/n~ing to the subject matter hereof.
Dated this ~ O day of (/ 1998.
sses: D A i s ections Unllimited
Da id M. Lovette, weer
C
i
DAVID M. LO TTE, As Personal Guarantor of
This Contract
In compliance with the Charter of the City, I do certify that there is an
unexpended, unencumbered and unimpounded balance in the appropriation sufficient
to cover the foregoing contract and provision has been made for the payment of
the monies therein to be paid up to the amount budgeted.
NITNESSES:
Director of Finance
APPROVED AS TO FORM AND SUFFICIENCY:
Alan Jensen, City Attorney
Jim Jarboe, City Manager
CONTRACT SERVICES AGREEMENT
This agreement is made and executed this 27th day of October, 1998 by and
between the City of Atlantic Beach, Florida, a Municipal Corporation (hereinafter
referred to as City), and David M. Lovette of D 6 A Inspections Unlimited, P. O.
Box 283, Callahan, FL 32211, (hereinafter referred to as Contractor).
NOM, THLRLFORL, ZT I9 Id1TQALI,Z M~tELD ]18 lOLZAMS:
1. The city agrees to retain Contractor to assist the Building Official
in the City of Atlantic Beach.
2. Contractor agrees to use its expertise and best efforts in performing
the responsibilities of building inspections.
3. In consideration for the above services rendered by Contractor as set
forth i.n paragraphs 1 and 2, the City agrees to pay Contractor the sum not to
exceed $18.00 per inspection paid by-weekly which shall constitute full and
co~lete compensation for all services rendered. The City shall agree to allow
a minimun of three inspections per visit by Contractor. The City shall not
reimburse contractor for any travel expenses.
9. This contract may be terminated by either party hereto by giving thirty
(30) days written notice to the other party.
5. Contractor's performance under this agreement shall commence on the 1st
day of October, 1998, and continue until the 30th day of September, 1999, unless
extended by the mutual agreement of the parties, or unless this agreement is
terminated sooner in accordance with the provisions set forth in paragraph 9
above.
6. The provisions of this agreement are severable, and if any part of it
~,
AGENDA ITEM NO. B /'~
Meeting Date: !O- 2(0 -`l8
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Contract Services Agreement
D &A InspectionsJDavid Lovette
Don C. Ford~~
October 20, 1998
Yearly contractural services for building inspections from D &
A Inspections Unlimited. This is a sole source contractor. Contract was
advertised two weeks prior to acceptance of contract from D & A
Inspections. No other contracts were submitted.
RECOMivIENDATION:
ATTACHMENTS: Contract Services Agre~nent
REVIEWED BY CITY
MANAGER
,.
RESOLUTION N0. 82-21
WHEREAS, the City Commission of the City of Atlantic-Eeach desires
to award its long-term employees fringe benefits which may not otherwise
be available, and
WHEREAS, the City of Atlantic Beach participates in a group health
program for City employees,
_ NOW, THEREFORE, BE IT RESOLVED That the City of Atlantic Beach does
hereby extend to those former City employees the opportunity to subscribe
to the City's health insurance plan, the premiums of which shall be paid
by the former City employee, provided that:
1. The former City employee is fully vested in the City's
retirement system;
2. The former City employee is at least 50 years of age
or has served a minimum of 20 years of service;
3. The health insurance enrollment continue uninterrupted
from the date of retirement.
BE IT FURTHER RESOLVED That all former City employees who are receiv-
ing benefits from the City's retirement system be afforded the opportunity
to enroll in the group health plan within 60 days.
Passed by the City Commission on October 25, 1982
ATTEST
~S~) r//X/l(N~~ //C .Lr.G~
Adelaide R. Tucker
City Clerk CMC
'i
ADMINISTRATION § 2-312 '
seventy and one-half (704x) or the calendar year in which the member retires.
Alternatively, distributions to a member must begin no later than the applicable April
1, as determined under the preceding sentence, and must be made over the life of the
member (or the life expectancies of the member and the members designated
beneficiary) in accordance with regulations.
f21 Distributions to a member and his/her beneficiary shall only be made in accordance
with the incidental death benefit requirements of [Internal Revenue] Code Section
401(a)(9XG) and the regulations thereunder.
(Ord. No 58-96-21, § 1, 2-12-96)
Secs. 2-300-2-310. Reserved.
Supp. \o. 19
187
§ 2-298 ATLANTIC BEACH CODE
and any other benefits hereunder and for determining the member's hourly wage rate for
purposes of FICA contributions, workei s compensation, and overtime compensation. The city's
pickup of a five and five hundred fifty-five thousandths-percent reduction of each benefit group
fire member's pay, a reduction of two and eight hundred fifteen thousandths (2.815) percent of
the pay of each benefit group police bargaining unit member covered by the current bargaining
unit contract, a reduction of four and eight hundred fifteen thousandths (4.815) percent of each
other benefit group police member's pay, and a reduction of two (2) percent of each benefit
general membei s pay, which occurred on January 1, 1997, and is intended to comply with
Section 414(h)(2) of the Internal Revenue Code.
(c) If an employee leaves the service of the city before accumulating aggregate time of five
(5) years toward retirement and before being eligible to retire under the provisions of this
article he/she shall be entitled to a refund of all of his or her contributions made to the city
pension trust fund, without interest, less any disability benefits paid to him/her. If an employee
who has been in the service of the city for at least five (5) years and has contributed to the
pension trust fund as provided elects to leave his or her accrued contributions in the trust fund,
such employee, upon attaining the age as required in section 2-278, may retire with the
actuarial equivalent of the amount of such retirement income otherwise payable to him/her.
(e) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined t+~ the internal
revenue service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA; and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1,
10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, §
2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97)
Sec. 2-299. Benefit limitations and required distributions.
(a) Benefits paid under the city employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which aze hereby
incorporated by reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of
benefits shall be in accordance with the following requirements and otherwise comply with
Internal Revenue Code Section 401(aX9) and the regulations thereunder, the provisions of
which are incorporated herein by reference:
(1) Amember's benefit shall be distributed to him/her not later than April 1 ofthe calendar
year following the later of the calendar year ire which the member attains age
Supp. No. 20 1$6.2
ADMINISTRATION § 2-298
and shall be unassignable except as is specifically provided in this division. If a member is
covered under a group insurance or prepayment plan participated in by the city, and should the
member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant
or beneficiary, the member or beneficiary may authorize the board of trustees to deduct
required payments to continue coverage under the group insurance or prepayment plan. The
city shall have the right of setoff for any claim arising from embezzlement by or fraud of a
member, retirant or beneficiary.
(Ord. No. 58-75-4, § 35, 12-22-75)
Sec. 2-296. Errors.
Should any change in the records result in any member, retirant or beneficiary being paid
from the retirement system more or less than would have been paid had the records been
correct, the board of trustees shall correct the error and, as faz as practicable, shall adjust the
payment in such manner that the actuarial equivalent of the benefit to which the member,
retirant or beneficiazy was correctly entitled shall be paid.
(Ord. No. 58.75-4, § 36, 12-22-75)
Sec. 2.297. Protection against fraud.
Whoever with intent to deceive shall make any statements and/or reports required under
this division which are untrue, or shall falsify or permit to be falsified any record or records of
the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms
or provisions of this division, shall be guilty of a city offense.
Ord. No. 58-75-4, § 37, 12-22-75)
Sec. 2-296. Member contributions.
(a) Member contributions by benefit group fire shall be five and five hundred fifty-five
thousandths (5.555) percent of salary and by benefit group police bargaining unit members
covered by the current bargaining unit contract shall be one (1) percent of salary and by other
benefit group police members shall be four and eight hundred fifteen thousandths (4.815)
percent of salary which shall be deducted from the member's pay and paid over into the
retirement system at the same time as city contributions are made.
(b) Member contributions for benefit group genera] shall be no less than two (2) percent of
salary and said contribution shall be deducted from the member's pay and paid over into the
retirement system at the same time as the city contribution is made to the retirement system.
(c) The city shall assume and pay the member contributions required set forth above in lieu
of payroll deductions from such members' earnings. No member shall have the option of
choosing to receive the contributed amounts directly instead of having them paid by the city
directly to the retirement system. All such contributions by the city shall be deemed and
considered as part of the member's contributions and subject to all provisions of this plan
pertaining to contributions of members. Such contributions shall additionally be considered as
part of the member's compensation for purposes of determining final average compensation
Supp. too. 20 186.1
4 2-290 ATLANTIC BEACH CODE
board of trustees by ordinance approved by atwo-thirds vote of the city commission may provide
for investments of greater than thirty (30) percent in equity stocks.
(Ord. No. 58.75-4, § 30, 12-22.75; Ord. No. 58-85-5, § 1, 7-22.85; Ord. No. 58-92-17, § 1, 1.27-92)
Sec. 2.281. Dlvlsions.
The retirement system shall consist of three (3) divisions, one (1) for members who are
police officers, or one (1) for members who are firefighters, and one (1) for all other members.
Separate accounting of the transaMiona of the retirement system shall be maintained for each
division and shall clearly indicate the equity of each division in the assets of the retirement
system. The account separation shall be effective as of June 1, 1976. Each division shall be
regarded ae a separate trust fund. The provisions of this section refer only to the accounting
records of the retirement system and shall not be construed ae requiring a physical segrega•
lion of the assets of the retirement system between the divisions.
(Ord. No. 68-7b•4, 4 31, 12.22.76)
Sec. 2-282. Ezpenses.
The expenses of administering the retirement system shall be paid by the city.
(Ord. No. 58-7b-4, 4 32, 12.22-75)
Sec. 2.293. Insurance coverage for retirante and beneRciaries.
The board of trustees shall pay the premiums applicable to insurance coverage, provided
retiranta and beneficiaries to the extent not paid by deductions from the pensions of retirants
and beneficiaries. Such payment shall be made only in those faecal years authorized by
specific resolution of the city commission. Payments shall be charged to the unencumbered
balance in the reserve for undistributed investment income. Tf the unencumbered balance be
insufficient, the deficiency shall be charged to the reserve for employer contributions.
(Ord. No. 58.75.4, 4 33, 12-22-76)
Sec. 2.284. Method of making payments.
All payments under this division shall be made aceording to the provisions of the City
Charter and city ordinances governing the disbursement of city monies. No payment shall be
made that has not been authorized by a specific or centinuing resolution of the board of
trustees.
(Ord. No. 58-75.4, 434, 12.22-76)
Sec. 2.29b. Assignments prohibited.
The right of a person to a pension, any optional benefit, and any other right accrued or
accruing to any person under the provisions of this division, and any monies and assets
belonging to the retirement system, shall not be subject to execution, garnishment, attach-
ment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever,
3upp. No. 12 186
ADMIIJISTRAT'ION § 2-290
contributions and pensions, and all other monies received by the retirement system the dis-
position of which is not specifically provided. There shall be transferred from the reserve for
undistributed investment income all amounts required to credit regul• '.merest to the reserve
for employer contributions, and the reserve for retired benefit paymen.a. Whenever the boazd
of trustees determines the balance in the reserve for undistributed investment income is more
than sufficient to cover current chazges to the account, the excess or any pazt thereof maybe
used to provide contingency reserves, or to meet special requirements of the other reserve
accounts oC the retirement system. Whenever the balance in the reserve for undistributed
investment income is insufficient to meet the current charges to the account, the amount of the
insufficiency shall be transferred from the reserve for employer contributions.
(Ord. No. 58-75-4, § 29, 12-22.75)
Sec. 2.290. Investment of retirement system assets.
The boazd of trustees shall be the trustee of the monies and assets of the retirement
system. The boazd shall have full power and authority to invest and reinvest such monies and
assets subject to all terms, conditions, limitations and restrictions imposed by the state on the
investments of public employee retirement systems. The boazd shall employ an outside in-
vestmentadviser to advise the board in making and disposition of investments. All monies and
assets of the retirement system shall be held for the sole purposes oC meeting disbursements
authorized in accordance with the provisions oCthis division, and shall be used for no other
purposes. The boazd of trustees may invest and reinvest the assets of the retirement trust fund
in:
(a) Time or savings accounts of a national bank, a state bank insured by the Federal
Deposit Insurance Corporation, or a savings and loan association insured by the Federal
Savings and Loan Insurance Corporation.
(b) Obligations of the United States or in obligations guaranteed as to principal and
interest by the United States.
(c) Bonds, stocks, or other evidences oC indebtedness issued or guaranteed by a wrpora-
tion organized under the laws of the United States, any state, or organized territory of the
United States, or the District of Columbia, provided:
(1) The corporation is listed on any one or more of the recognized national stock ex-
changes that holds a rating in one of the three (3) highest classifications by a major
rating service.
(2) The boazd of trustees shall not invest more than five (5) percent of its assets in the
common stock or capital stock of any one issuing company, nor shall the aggregate
investment in any one issuing company exceed five (5) lercent of the outstanding
capital stock of the company; nor shall the aggregate of its investments under this
pazagraph exceed fifty (50) percent of the fund's assets.
Investments shall not be made in any stacks, bonds, or other securities owned or wn-
trolled by a government other than that of the United States or of the several states. The
Supp. No. 12 186
§ 2-288 ATLANTIC BEACH CODE
(b) Each year following receipt of the report of the annual actuarial valuation, the excess,
if any, of the reported value of pensions being paid and likely to be paid retirants and
beneficiaries over the balance in the reserve fcr retired benefit payments shall be transferred
from the reserve for employer contributions to the reserve for retired benefit payments.
(c) The financial objective of this division is to require city contributions to the retire-
ment system each year which together with other sources of income shall be sufl"icient to:
(1) Fully Lund the cost of benefits likely to be paid on account of service rendered by
members during the year; and
(2) Finance unfunded costs of benefits likely to be paid on account of service rendered by
members prior to the current year over a period of not more than forty (40) years.
Such contributions shall b~ computed as level percents of member payroll in accordance with
generally accepted actuarial principles on the basis oC such rates of interest and tables of
experience as the board of trustees shall from time to time adopt. The city shall also contrib-
ute the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the
extent such cost cannot be covered by the unencumbered balance in the reserve for undistrib-
uted im•estment income. The board shall annually certify to the city commission the contribu-
tions determined according to this section, and the commission shall appropriate and pay to
the retirement system, during the next fiscal year, the contributions so certified.
(Ord. I~'o. 58-75-4, § 28, 12-22-75)
Soc. 2.28'J. Reserve for undistributed investment income.
The reserve for undistributed investment income shall be the account to which shall be
credited all interest, dividends and other income from the im•estme. t of retirement system
assets, all gifts and beyuests received by the retirement system, all unclaimed accumulated
Supp. Iho. B
184.2
AD\IINISTRATIO\' § 2-2gg
A surviving child's pension shall terminate upon attainment of age nineteen (19) years,
marriage, adoption or death, and the pension of each remaining eligible child shall be
recomputed.
Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
Sec. 2-285. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement system and
who has not previously participated in such system, on or after January 1, 1980, shall not
exceed one hundred {100) percent of his final average compensation. However, nothing con-
tained in this section shall apply to supplemental retirement benefits or to pension increases
attributable to cost-of-living increases or adjustments.
(b) No member of the system covered by this article who is not now a member of such
system shall be allowed to receive a retirement pension which is, in part or in whole, based
upon any service with respect to which the member is already receiving, or will receive in the
future, a retirement pension from another retirement system or plan; provided that this
restriction does not apply to social security benefits or federal benefits under Chapter 67, Title
10, U.S. Code.
(Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58.88-13, § 1,
11-28-88)
State late reference-Limitation of benefits, F.S. § 112.65.
Sec. 2-286. Subrogation rights.
If a member of the retirement system, retirant or benefciar}- becomes entitled to a
pension as the result of an accident or injury caused by the act of a third part}', the cit•, shall
be subrogated to the rights of such member, retirant or beneficiaz}• against such third party to
the extent of pensions which the city pays or becomes liable to pay on account of such accident
or injury.
(Ord. No. 58-75.4, § 26, 12-22-75i
Sec. 2-287. Reserve for retired benefit payments.
The reserve for retired benefit payments shall be the account from which shall be paid all
pensions as provided in this division. Should any disability retirant be returned to the employ
of the city, the pension resen•e at the date of return shall be transferred from the reserve for
retired benefit payments to the reserve for employee contributions and the reserve Cor em-
ployer contributions in the proportion transfers were made Crom the accounts at the time of
retirement.
IOrd. No. 58 75 4, § 27, 12.22-75)
Sec. 2-288. Reserve for employer contributions; city contribution.
:a) The reserve for employer contributions shall be the account to which shall be credited
contributions made by the city and the state to the retirement system, and from which shall
be made transfers as provided in this section.
Supp. No.B
184.1
§ 2-283 ATLANTIC BEACH CODE
descendants, the member's parents, or the member's heirs at law, and the board oC trustees
may pay the entire benefit to any member of such group or portion such benefit among any
two (2) or more of them in such shares as the board of trustees, in its sole discretion, shall
determine; or (ii) The estate of such member, provided that in any of such cases the board of
trustees, in its discretion, may direct that the commuted value of the remaining monthly
income payments be paid in a lump sum. Any payment made to any person pursuant to the
power and discretion conferred upon the board of trustees by the preceding sentence shall
operate as a complete discharge of all obligations under the plan with regard to such deceased
member and shall not be subject to a review by anyone, but shall be final, binding and
conclusive on all persons ever interested hereunder.
(Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-18, § 1,
11-28-88)
Sec. 2.284. Death while in city employment; automafic pension to spouse and~or children.
(a) The applicable benefits provided in subsections (b)and (c~ shall be paid if a member of
the retirement system who has five (51 or more years o(credtted service in force dies while in
the employ of the city. The provisions of this section shall not. appl}' in the case oC death of a
member who has a valid designation of heneficiat.q in force pursuant to section 2-283.
(b? Subject to subsection (d), the person to whom the deceased member was married at the
time of death shall be paid a pension equal to a percent of the amount of level straight life
pension computed according to the applicable subsection of section 2.281. based on the de-
ceased member's final average contpensatior. and credited service. The percent shall be equal
to the applicable following percent:
(1) Benefit group fire: Seventy-five (75) percent; '
(2) Benefit group police: Seventy-five (75) percent;
,3) Benefit group general: Seventy-five (75) percent.
A surviving spouse's pension shall terminate upon remarriage or death.
!c) The deceased member's unmarried children under the age of nineteen (19) years shall
each be paid an equal share of a level straight life pension computed according to the
applicable subsection of section 2-281, based on the deceased member's final average compen-
sation and credited service. The percent shall be equal to the applicable following percent:
(11 Benefit group ire. 7,ero (0) percent during periods a pension is being paid in accord-
ance with t}te provisions of subsection (bL Fifty (50) percent during periods a pension
is not being paid in accordance with the provisions of subsection (b);
r'L! Bene~l group police. Zero (O) percent during periods a pension is being paid in
accordance with the provisions of subsection (b). Fift}• percent during periods a
pension is not being paid in accordance with the provisions of subsection (b);
(3) Benefit group general. Zero (0) percent during periods a pension is being paid in
accordance with the provisions of subsection (b). Fifty (50) percent during periods a
pension is not being paid in accordance with the provisions of subsection (b).
Supp. No. B
184
ADMINISTRATION § 2-283
and Option B shall be the actuarial equivalent of the amount of pension under the level
straight life form of payment.
(U Option A; one Hundred percent suroivor pension: Under Option A, a retirant shall he
paid a reduced pension for life with the provisior. that upon the retirant's death, the
reduced pension shall be continued throughout the future lifetime of and paid to such
person haying an insurable interest in the retirant's lif°, as the retirant shall have
nominated by written designation duly executed and filed with the board oCtn+stees
at [i:e time of election of the optional form of payment.
t21 Option B; f/ty percerd s++roicor pension: Ltnder Option B, a retirant shall he paid a
reduced pension for life a;th the provision that upon the retirant's death, onP-half of
;he reduced pension shall be continued throughout the future lifetime of and paid to
sech person hating an insurable interest in the retirant's life, as the retirant shall
hate nominated by written designation duly executed and filed with the board of
trustees at the time of eiectinn of the optional form of payment.
(3? Option C; socir.! securi!y coordinn!ed pension: Under Option C, a retirant shall be
paid an increased pension to attainment of age sixty-five (G5) years, and a reduced
pension thereaRer. 'Phz increased pension paid to attainment of age -.uay-fire (G•
_:ear-; sbal~ approximate tiu• sum n` ti,, reduced pension payable thereafter and the
re:irant's estimated sxiai e.ecuritc nrint.:ry insnrancc- amount. Opti~,~: i ie. avai':.,bie
cr'.~ to brnefi: group gecrral nsmber; v:ho reE:r~ p[,rsuant :e .,ec:i~n 2-': G o° _actior:
`1.278.
(Ord. No. 58 7~--:. § 22, 12-'12-75+
Sec. 2-283. Deaih while in city employment; elective survivor pension.
(a) Each member may, on a form provided for that purpose, signed and filed with the
board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any,
which may be payable in the event of his/her death, and each designation may be revoked by
such member by signing and filing with the board of trustees a new designation of beneficiary
form.
(b) Upon the death of a member who has a valid nomination-of-beneficiary in force, the
beneficiary, if living, shall be paid a level straight life pension computed according to section
2-281 in the same manner in all respects as if the member had elected Option A provided in
Section 2-282 and retired the day preceding his/her death, notwithstanding that the member
may not have satisfied the conditions for retirement. Upon a member's retirement, resigna-
tion or termination as a city employee, eligibility for the death benefit payable under section
2.281 will automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection (a)
above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the
member, the death benefit, if any, which may be payable under the plan with respect to such
deceased member, may be paid in the discretion of the beard of trustees either to: (i) Any one
or more of the persons comprising the group consisting of the member's spouse, the member's
Supp. No. 8
183
ADMINISTRATION § 2-282
concurs in the certification of the medical director. The city shall be allowed reasonable
latitude in placing the returned disability retirant in a position commensurate with the
position held at time of disability retirement.
(c) A disability retirant who has been restored to employment with the city as provided in
subsection (a) shall again become a member of the retirement system. The disability retirant's
credited service at time of retirement shall be restored to full force. Service shall be credited
for the period the disability retirant was being paid a disability pension.
(Ord. No. 58-75-4, § 20, 12-22-75)
Sec. `1-281. Amount of level straight life pension.
(a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of
the retirement system member shall be equal to the retiring member's benefit group fire
credited service multiplied by three (3) percent of the retiring members final average
compensation.
(b) Benefit group police. Subject to section 2-285, the amount of level straight life pension
shall be equal to the retiring member's benefit group police credited service multiplied by three
(3) percent of the retiring member's final average compensation.
(c) Benefit group general. Subject to section 2-285, the amount of level straight life pension
shall be equal to the retiring member's benefit group general credited service multiplied by the
sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average
compensation.
(d) Cost-o(-dining adjustment. All retirement system members and beneficiaries who retired
prior to January 1, 1997, shall receive aone-time cost-of-living adjustment, which shall be in
an amount equal to three (3) percent of the benefits paid to such retired members and
beneficiaries during the immediately preceding month.
(Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1,
9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-1497)
Sec. 2-282. Optional forms of pension payment.
A member of the retirement system may elect to be paid under one (1) of the following
optional forms of payment in lieu of the level straight life form of payment. The election must
be made in writing and filed with the board of trustees prior to the date retirement is effective.
Payment will be mode under the level straight life form of payment if a timely election of an
optional form of payment is not made. The amount of pension under Option A
Supp. moo. ]9 182.1
§ 2.279 ATLtINTIC BEACH CODE
(e) The benefits payable to a member who retires from the service of the city with a total
and permanent disability as a direct result of a disability commencing prior to his normal
retirement date is the monthly income computed according to the applicable subsections of
section 2-281.
(fl The monthly retirement income as computed in section 2-281 to which a member is
entitled in the event of his disability retirement shall be payable on the first day of the first
month after the board of trustees determine such entitlement. If the member recovers from the
disability prior to his normal retirement date, the last payment will be the payment due next
preceding the date of such recovery. If the member dies without recovering from his disability
or attains his normal retirement date while still disabled, the payment due neat preceding his
death.
(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided
herein, the board of trustees shall direct that the disability retirement income be discontinued.
Recovery from disability as used herein means the ability of the member to render useful and
efficient service as an employee of the city.
(h) If the member recovers from disability and reenters the service of the city as an
employee, his service will be deemed to have been continuous, but the period beginning with
the first month for which he received disability retirement income payment and ending with
the date he reentered the city service will not be considered as credited service for the purpose
of the system.
(Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1,
11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21,
§ 1, 2-12-96)
Sec. 2-280. Same-Continuation subject to re-ezamination; return to employment.
(a) The boazd of trustees may require a disability retirant to undergo periodic medical
examination by or under the direction of the medical director if the disability retirant has not
attained the following applicable age:
(1) Bene/it group /'ire: Age sixty (60) yeazs;
(2) Benefci group police: Age sixty (60) years;
(3) Benefrt group general: Age sixty (60) years.
(b) If a disability retirant refuses to submit to a medical examination payment of the
disability pension may be suspended by the board of trustees until withdrawal of the refusal.
Should refusal continue for one (1) year all the disability retirant's rights in and to a disability
pension may be revoked by the board of trustees. A disability retirant shall be restored to
active employment with the city and the disability pension discontinued if following a medical
examination the medical director certifies that the disability retirant is mentally and
physically able and capable of resuming employment with the city, and the board of trustees
Supp. No. 17 182
ADMINISTRATION § 2-279
Sec. 2-279. Disability retirement-General conditions for eligibility.
(a) A member having five (5) or more continuous yeazs of credited service and having
contributed to the retirement system for five (5) years or more may retire from the service of
the city under the plan if, prior to his normal retirement date, he becomes totally and
permanently disabled as defined in subsection (b) by reason of any cause other than a cause
set out in subsection (c) on or after the effeMive date of the plan. Such retirement shall herein
be referred to as "disability retirement." The five (5) years of credited sen-ice shall not apply
to police officers and firefighters found by the board of trustees to have been disabled (as
defined herein) in the line of duty. The minimum benefit for any police officer or firefighter
disabled in the line of duty shall beforty-two (42) percent of the final average salary, regardless
of yeazs of credited service.
(b) A member will be considered totally disabled if, in the opinion of the board of trustees,
he is wholly prevented from rendering useful and efficient service as a city employee, and a
member of the retirement system will be considered permanently disabled if, in the opinion of
the board of trustees, he is likely to remain so disabled continuously and permanently from a
cause other than as specified in subsection (c). If a firefighter or a police officer is found by the
boazd of trustees to have been disabled in the line of duty, total disability shall be determined
on the basis of rendering useful and efficient service as a firefighter or police officer, as the case
may be.
To the extent required by Florida Statutes, any condition or impairment of the health of a
firefighter or police officer resulting from conditions specified by Florida Statutes shall be
presumed to have been incurred in the line of duty unless shown to the contrary by competent
evidence; provided, the firefighter or police officer shall have successfully passed a physical
examination upon entering into service with the city as a firefighter or police officer and the
examination failed to reveal evidence of a presumptive condition.
(c) A member will not be entitled to receive any disability retirement income if disability
is as a result of:
(.) ~xc:Nsire and l:a~ ~ : ;:se uy the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating
in fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
(4) Injury or disease sustained by the employee after his/her employment has termi-
nated.
(d) No member shall be permitted to retire under the provisions of this section until
he/she is examined by a duly qualified physician or surgeon, to be selected by the board of
trustees for that purpose, and is found to be disabled in the degree and in the manner specified
in this section. Any member retiring under this section shall be examined periodically by a
duly qualified physician or surgeon or board of physicians and surgeons to be selected by the
board of trustees for that purpose, to determine if such disability has ceased to exist.
Supp. No. 17 1$1
§ 2-277 ATLANTIC BEACH CODE
uec. 2.277. Compulsory separation from employment; extensions; retirement.
(a) A member of the retirement system, except an elected official of the city, shall be
separated Crom city employment the Grst day of the calendaz month next following attainment
of the applicable age specified in subsection (b), unless an extension in employment is granted
pursuant to subsection (c).
(b) The age attainment Cor compulsory separation from city employment is as follows:
(1) Benefit group fire: Age sixty-five (65) years;
(2) Benefit group police: Age sixty-five (65) years;
(3) Benefit group general: Age sixty-five (65) years.
(c) A member may be continued in city employment beyond attainment of the applicable
age specified in subsection (b), but not beyond seventy (70) years, subject to the following
conditions:
(1) The member makes written request to the boazd of trustees for a specified period of
continued employment;
(2) The request is approved by the city manager, except if the member's position is one
obtained by city commission appointment; in this case, approval of the city commis-
sion is required;
(3) The request is approved by the boazd of trustees.
(d) A member who has five (5) or more years of credited service in force shall be retired
and paid a pension computed according to the applicable subsections of section 2-281 upon
sepazation from city employment as provided in this section.
(Ord. No. 58-75-4, § 17, 12-22-75; Ord. No. 58.87-10, § 1, 11.23.87)
Sec. 2-278. Deferred retirement upon separation from employment (vesting).
(a) A member of the retvement system who terminates city employment for a reason
other than retirement or death, and who has and maintains in force the applicable period of
credited service specified in subsection (b) shall remain a member far the sole and exclusive
purpose of being entitled to retire upon attaining age sixty (60) yeazs. Upon retirement, the
member shall be paid a pension computed according to the applicable subsections oC section
2-282 as the subsections were in force at the time the member left city employment.
(b) The credited service requirement for separation from city employrent with entitle-
ment to deferred retirement is:
(1) Benefit group fire: Five (5) years;
(2) Benefit group police: Five (5) years;
(3) Benefit group general: Five (5) years.
(Ord. No. 58-75.4, § 18, 12-22.75; Ord. No. 58.87.10, § 1, 11.23.87)
Supp. No. 14 180
ADMINISTRATION § 2.276
(2) The member terminates all his/her then current city employment prior to the date
retirement is to be effective;
(3) The member has met one of the age and service requirements for retiremen± specified
in subsection (b) applicable to the member's benefit group.
Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-281.
(b) The age and service requirements for voluntary retirement are as follows:
(1) Benefit group fire. The member has attained age fifty (50) yeazs or older and has
twenty (20) or more years of credited service in force; the member at any age has
twenty-five (25) or more yeazs of credited service in force; or, the member has attained
age sixty (60) years or older, and has five (5) or more years of credited service in force;
(2) Benefit group police. The member has attained age fifty (50) years or older and has
twenty (20) or more years of credited service in force; the member at any age has
twentyCive (25) or more years of credited service in force; or, the member has attained
age sixty (60) years or older, and has five (5) or more yeazs of credited service in force;
(3) Benefit group general. The member has attained age sixty (60) yeazs or older, and has
five (5) or more years of credited service in force.
(c) Employment after retirement:
(1) Any person who has retired as a member o[ this retirement system may be reem•
pioyed by the city and receive retirement benefits Crom his previous employment and
compensation Crom his reemployment, except that a person may not receive both
compensation Crom reemployment with the city and previously eazned retirement
benefits under this retirement system for atwelve-month period immediately fol-
lowing that person's date of retirement.
(2) Any person who has retired as a member of this retirement system and is subse-
quently reemployed by the city shall not become a member of the retirement system
by reason of his/her reemployment and shall not be eligible for retirement benefits
from his/her reemployment.
(3) Any person to whom the limitation in paragraph (a) applies who violates such reem-
ploymen± limitation and who is reemployed by the city before completion of the
twelve-month limitation period shall:
a. Give timely notice oC this fact to the city in writing;
b. Have the retirement benefits suspended for the remainder of the twelve-month
period;
c. Repay all retirement benefits received prior to the giving of this written notice to
the city. Until repayment of these retirement benefits is made, the payment of
anv benefits under the plan after the twelve-month limitation period has expired,
is indefinitely suspended.
(Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11.23-87; Ord. No. 58-91-14, § 1, 4-8.91;
Ord. No. 58-93-19A, § 1, 10-25-93)
Supp. No. 14 179
§ 2-272 ATLANTIC BEACH CODE
time to time prescribe and in accordance with the applicable provisions of Chapters 175 and
185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on
account oC all service rendered by a member in any one period oC twelve (12) consecutive
calendar months. Service shall be credited to the neazest one-twelfth of a yeaz. Service shall
be credited for the total number of yeazs, and fractional pazts of yeazs, of service of the
member.
(Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58.91-15, § 1, 4.22.91)
Sec. 2.273. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if
the member terminates city employment with less than five (5) years of credited service.
Ord. No. 58.75.4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23.87)
Sec. 2.274. lieinstatemeat of credited service.
A member's last forfeited credited service shall be restored to his/her individual service
account if re-employment by the city and membership in the retirement system occurs within
five (5) yeazs from and after the date of sepazation from city employment that caused the
forfeiture.
(Ord. No. 58-75.4, § 14, 12-22-75)
Sec. 2.275. Military service credit.
(a) A member of the retirement system who leaves or left city employment to enter any
armed service of the United States during time of waz, period of compulsory military service,
or period of national emergency recognized by the city commission shall have required periods
oC active duty credited as city service subject to the following conditions:
(1) The member is re-employed by the city within one (1) yeaz Crom and after the date of
termination of such aMive duty;
(2) In no case shall more than six (6) years of service be created on account of all military
service.
(b) The boazd of trustees shall determine the amount of service to be credited a member
under the provisions of this section.
(Ord. No. 58-75-4, § 15, 12-22-75)
Sec. 2.278. Voluntary retirement conditions; employment after retirement.
(a) A member of the retirement system may retire upon satisfaction of each of the fol-
lowing requirements:
(1) The member files written application for retirement with the board oCtrusteea setting
forth the date, noc less than thirty (30) days nor more than ninety (90) days subse-
quent to the execution and filing thereof, retirement is to be e[fective;
Supp. No. 14 17$
ADMINISTRATION § 2-272
(5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the
boazd regarding the operation of the retirement system on an actuarial basis, and who
shall perform such services as are required in connection therewith. The term actuary
as used in this division shall mean an "enrolled actuary" who is enrolled under
Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and
who is a member of the Society of Actuaries of the American Academy of Actuaries.
A partnership or corporation may be appointed actuary if the duties of the actuary are
performed by or under the direct supervision of an enrolled actuary and the enrolled
actuary signs and is responsible for all final documents submitted by the partnership
or corporation.
(6) Medical director: The boazd may appoint as medical director a physician who is not a
member, retirant or beneficiary. The medical director shall arrange for and pass upon
all medical examiners required in the administration of the retirement system, and
shall investigate all statements and certificates of a medical nature which are pre-
sented in connection with the operation of the retirement system. The medical di-
rector shall report his conclusions and recommendations in writing.
(7) Services: The board is authorized and empowered to employ such professional, tech-
nical or other advisors as are required for the proper administration of the retirement
system. The services, other than actuarial and medical, shall be obtained and the
compensation for the services shall be tixed in accordance with city operating proce•
dures.
(Ord. No. 58.75.4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. Na. 58-91-15, § 1, 4-22-91)
Sec. 2.271. Membership.
(a) All persons who aze city employees, and all persons who become city employees, shall
be members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership oC the retirement system shall not include:
(1) Any city employee who is employed in a position normally requiring less than one
thousand (1,000) hecrs of work per annum;
(2) Any city ;::;.;,'c~ee who is compensated on a Cee basis;
(3) Any person participating in another program of deferred compensation as approved
by the city commission.
(4) Elected officials of the city.
(Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. Nn. 58.85-6, 1-13-86; Ord.
IvTO. 58-93-19, § 1, 9-27-93)
Sec. 2.272. Credited service.
Service rendered by a memher of the retirement system shall be credited to the member's
individual credited service account in accordance with rules the board oC trustees shall from
Supp. No- ]4 - ~ 177
§ 2-267 ATLANTIC BEACH CODE
trustee representatives. Each trustee shall, before assuming the duties of trustee, qualify by
taking an oath of office to be administered by the city clerk.
(Ord. No. 58-75-4, § 6, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87)
Sec. 2-268. Same-Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any civilian member shall resign or
any employee representative ceases to be employed by the city. A vacancy shall occur on the
board if any member elected trustee fails to attend five (5) consecutive meetings of the board
unless, in each case, excused for cause by the trustees attending the meeting.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety
(90) days for the unexpired term, it applicable, in the same manner as the position was
previously filled.
(Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87)
Sec. 2-269. Same-Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar
quarter, and shall designate the time and place of each meeting. All meetings of the board
shall be open to the public. Notice of such meetings shall be posted on employee bulletin
boards so that employees will be aware of the meeting. The board shall adopt its own rules of
procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a
quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary
for a decision by the board. Each trustee shall be entitled to one (1) vote on each question
before the board. Trustees shall serve without compensation for their services as trustees, but
shall be entitled to their expenses actually and necessarily incurred in attending meetings of
the board and in performing required duties as trustees.
(Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58.86-7, § 1, 1-12-87)
Sec. 2-270. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
(1) Chairperson. The board shall annually elect a chairperson and a chairperson pro tam
from its members.
(2) Secretary: The city manager or his designee shall be the secretary of the board and
the adminisirative ofI-leer of the retirement system.
(3) Treasarer: The director of finance shall be treasurer of the retirement system. The
treasurer shall be custodian of the assets of the retirement system except as to the
assets as the board may from time to time place in the custody of a nationally
chartered bank or approved financial manager.
(4) Legal advisor: The board is empowered to employ independent legal council but is
authorized to utilize the services of the city attorney.
Supp. No. 6
176
ADMINISTRATION § 2-267
Sec. 2-264. Board of trustees-Responsibilities and duties generally.
The genera] administration, management and responsibility for the proper operation of
the retirement system, and for construing and making effective the provisions of this division
are vested in the board of trustees.
(Ord. No. 58-75-4, § 4, 12-22.75)
Cross reference-Boards and commissions generally, § 2-13I et seq.
Sec. 2-265. Same-Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be
recommended by the actuary as necessary for the operation of the retirement system on an
actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional
data as is required to properly report the operations of the system.
(b) The board shall render a report to the city commission on or before the first day of
April of each year showing the fiscal transactions of the retirement system for the year ended
the preceding thirtieth day of September, the assets of the retirement system as of the
preceding thirtieth day of September, and a copy of the most recent actuarial report.
(Ord. No. 58-75-4, § 10, 12.22.75)
Sec. 2-266. Same-Composition.
The board of trustees shall consist of five (5) trustees as follows:
(1) Two (2) residents of the city to be selected by the city commission and serve at the
pleasure of the city commission;
(2) One (1) member of the retirement system who is either a police officer or a firefighter,
but not the chief of either department to be elected by the members of the retirement
system who are also police officers or firelighters;
(3) One (1) member of the retirement system who is neither a police officer nor firefighter to
be elected by the members of the retirement system who are neither police officers or
firelighters;
(4) One (1) resident of the city to be selected by the other four (4) members of the board of
trustees, and whose appointment shall be confirmed by a vote of the city commission.
The e]eMions provided for in subsections (2) and (3) of this section shall be held in
accordance with such rules as the board oC trustees shall from time to time adopt.
(Ord. No. 58-75-4, § 5, 12-22-75; Ord. Iv'o. 58-86.7, § 1, 1-12-87)
Sec. 2-267. Same-Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be two (2) years for
civilian members and two (2) years for employee representatives, unless they terminate
employment, whereupon a new election will be held by the members of the plan for their
Supp. No. 6
175
$ 2-263 ATLANTIC BEACH CODE
(2) Benefit group fire shall consist of all members who are also firefighters;
(3) Benefit group police shall consist of all members who are also police ofTicers.
(b) Benefit eligibility conditions shall be based on the member's benefit group at the time
of termination of city employment. Benefit amounts shall be based on the amount oC credited
service acquired in each benefit group.
(Ord. No. 58.75-4, $ 3, 12.22-75)
3upp. No. 31
174.2
ADMINISTRATION § 2-263
the rank of firefighter or higher, including probationary firefighter. The term firefighter shall
not include any civilian city employee employed in the fire department, any person employed
as a firefighter for an emergency, or any person privately employed as a firefighter.
,Member shall mean any person who is a member of the retirement system.
Pension shall mean a series of monthly payments by the retirement system throughout
the future life oC a retirant or beneficiary, or for a temporary period, as provided in this
division.
Pension reseri~e shall mean the present value of all payments likely to be made on account
of a pension. The present value shall be computed on the basis of such mortality and other
tables of experience and regular annual compound interest as the actuary appointed by the
board of trustees shall from time to time determine.
Police oJ~rcer shall mean a city employee employed by the police department who is
certified or required to be certified as a law enforcement oElicer in compliance with Section
943.14, Florida Statutes, and who holds the rank of patrol otTicer or higher, including proba-
tionary patrol ollicer. The term police officer shall not include any civilian city employee
employed in the police department, any person employed as a police officer Cor an emergency,
or any person privately employed as a police officer.
Regular interest shall mean such rate or rates of interest per annum, compounded annual-
ly, as the board of trustees shall from time to time adopt.
Retirant shall mean any person who is being paid a pension by the retirement system on
account of the person's membership in the retirement system.
Retirement systems or system shall mean the city retirement system created and estab-
lished by this division.
Service shall mean personal service rendered to the city by a city employee.
li'orkers' compensation benefits shall mean any amounts paid a retirant, beneficiary,
spouse or child pursuant to any workers' compensation or similar law. Redemptions or
settlements of a workers' compensation claim shall be considered workers' compensation
benefits. Payments in consideration of medical expenses shall be disregarded in the determi-
nation oC workers' compensation benefits.
(Ord. No. 58-75-4, § 2,12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58.91-15, § 1, 4-22-91)
Cross reference-Definitions and rules of construMion generally, § 1-2.
Sec. 2-263. Benefit groups.
(a) The following benefit groups are hereby desig.~ated for the purpose of determining a
retirement system member's applicable benefit c1Ee'~il w :di:ians cnd benefit amannt:
(1) Benefit group general shall consist of all members not included in one of the benefit
groups which follow;
Supp. Noll
174.1
§ 2-261 ATLANTIC BEACH CODE
DIVISION 3. RETLREMENT SYSTEM
Sec. 2-261. Created, purpose.
The city employees' retirement system is hereby created and established for the purpose
of providing pensions and death benefits Cor the employees of the city and their dependents.
The effective date of the retirement system is December 22, 1975.
(Ord. No. 58-75-4, ~ 1, 12-22-75)
Sec. 2-262. Definitions.
The following words and phrases as used in this division shall have the following mean-
ings unless a different meaning is clearly required by the context:
Actuarial equivalent shall mean of equal pension reserve (present value).
Bene~eiary• shall mean any person who is being paid, or has entitlement to future
payment, of a pension or other benefit by the retirement system for a reason other than the
person's membership in the retirement system.
Board oftrustees or board shall mean the board of trustees provided for in [his division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards,
departments and instrumentalities.
City employee shall mean any person in the employ oC the city.
Compensation shall mean the salary or wages paid a riember for personal service ren-
deredthe city. Compensation shall include base salary or wages, longevity pay, overtime pay,
cost of living payments, salary or wages while absent from work on account of vacation,
holiday, or illness, and Cull-time police officer's salary will also include incentive pay as
defined in Chapter 943.22 Florida Statutes- Compensation shall not include redemptions or
payments in consideration of unused vacation time or sick leave, the value of any fringe
benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other
item not specifically included.
Credited seruice shall mean the service credited a member as provided in this division.
Final average compensation shall mean one/sixtieth of the aggregate amount oC compen-
sation paid a member during the period of sixty (60) consecutive months of the member's
credited service in which the aggregate amount of compensation paid is greatest. The sixty
(60) consecutive months of credited service must be contained within the member's last one
hundred twenty (120) months of credited service. If a member has less than sixty (60) consecu-
tive months of credited service, final average compensation means the aggregate amount of
compensation paid the member divided by the member's months of credited service.
Firefighter shall mean a city employee employed in the Cue department who is a certified
fire fighter in accordance with the provisions Section 633.35, Florida Statutes, and who holds
3upp. No. I l
174
After Amendment, if actual rates of retirement changed
Percent oC Pavroll
Normal Cost
Un£d Act. Accr. Liab.
Temp. Full Funding Credit
FS 112.64 (5) Compliance
Administrative Exp.
Total
Less Member Portion
Less Chapter 185 Portion
Net From City
Allocations ojContribu[ion Increase
To Member
To City
General Police Fire
10.67% 16.87% 20.01%
3.13% 5.16% 0.00%
0.00% 0.00% (8.92%)
0.00% 0.00% 0.00%
0.00°.! 0.00% 0.00%
13.80% 22.03% 11.09%
(2.00%) (2.19%) (5.56%)
0.00% (7.45%) (6.00%)
11.80% 12.39% 0.00%
Percent of Pavroll
General Police Fire
0.00% 0.00% 0.00%
(0.19%) 0.11% 0.13%
Actuarial Present Values (tleousnnds ojdollars)
F/Y 97/98 Dollars
General Police Fire
$288,220 $200,014 $41,045
$246,449 $112,482 $0
F/Y 97/98 Dollars
General Police Fire
($3,968) $999 $481
Before Amendment After Amendment
General Police Fire General Police Fire
Actuarial Present Value for:
Retired members & benef. $1,425 $1,233 $516 $1,425 $1,233 $516
Vested terminated members 18U 40 30 180 40 30
Active member
Service pensions $3,334 $3,271 $1,v79 W3,5~0 $3,204 $1,045
Vested term pension 434 99 31 450 98 30
Disability pension 409 118 59 167 178 88
Survivor pension (pre-retirement) 234 103 37 246 ] 01 36
Termination refunds 63 17 23 68 18 24
Total -Active member $4,474 $3,608 $1,228 $4,482 x3,599 $1,223
Total APV of Prospective Benefits $6,079 $4,881 $1,775 $6,087 $4,873 $1,769
Actuarial Accrued Liability $4,256 $3,289 $753 $4,240 $3,289 $753
Un£d Act. Accr. Liability 1,160 887 (265) 1,143 887 (265)
APV Member Future Salary $17,686 $9,524 $5,147 $18,132 $9,419 $5,090
APV Member Future Contribs. 354 183 286 363 181 283
r ^ /
~~~/1/~v f ((// 9/
Elinor V. Bowman, FSA, EA (96-3542)
GABRIEL, ROEDER, SMITH & COMPANY
The.utilization (disability) rate used to reflect the change in the Disability Eligibility
Before Change After Change
All groups
Men Woman General Police Fire
20 0.07% 0.03% 20 0.04% 0.11% 0.11%
25 0.09% 0.05% 25 0.04% 0.14% 0.14%
30 0.10% 0.07% 30 0.04% 0.15% 0.15%
35 0.14% 0.13% 35 0.08% 0.21% 0.21%
40 0.21% 0.19% 40 0.12% 0.32% 0.32%
45 0.32% 0.28% 45 0.16% 0.48% 0.48%
50 0.52% 0.45% 50 0.23% 0.78% 0.78%
55 0.92% 0.76% 55 0.42% 1.38% 1.38%
60 1.53% 1.10% 60 0.61% 2.30% 2.30%
65 0.77%
GABRIEL, ROEDER, SMITH 8 COMPANY
Atlantic Beach Employees Retirement System
ACTUARIAL IMPACT STATEMENT
August 14, 1998
Data and $xperience Estimates
The data and experience estimates used for the cost estimate were the same as those used for the September
30, 1996 actuarial valuation, except for the following:
The utilization (disability) rates to reflect the change in Disability Eligibility are listed below. Although
the General employee group will not be affected by the change in Disability Eligibility, the utilization
rates for disability were also changed for the General employee group to more reflect expected experience.
An interest rate of 3.00% was assumed to be credited to Accumuiated Employee contributions.
Description of Proposed Amendment
Disability Eligibility
Injured member is unable to perform the tasks associated with his or her group, General, Police, or Fire.
Vested Benefit
Vested benefit is payable at age 60, if a vested member of the Police or Fire groups terminates with 20 or
more years of service, then the benefit is payable at age 50.
Interest on Emalovee Contributions
Interest is credited on Employee Contributions for refund purposes at a rate determined by the board.
Contribution Implications of the Amendn+ent
The change in the vested benefit was to reflect present administration of this benefit. Funding also recognized
the administrative practice s~~ there will be no increase in the required contribution. The cost difference for
the earlier payment of the benefit is as follows:
Percent of Payroll
General Police Fire
0.00% 0.28% 0.18%
The numbers presented prior to the amendment for the Police group reflect the change in the the employee
contribution rate for the Collective Bargaining Unit to 1%, per the Actuarial Impact Statement dated August
25, 1997.
Percent of Payroll
Before Amendment
Normal Cost
Unf d Act. Accr. Liab.
Temp. Full Funding Credit
FS 112.64 (5) Compliance
Administrative Exp.
Total
General Police Fire
10.79% 16.76% 19.88%
3.20% 5.16% 0.00%
0.00% 0.00% (8.92%}
0.00% 0.00% 0.00%
0.00% 0.00% 0.00%
13.99% 21.92% 10.96%
F/Y 97/98 Dollars
General Police Fire
$292,188 $199,016 $40,563
Less Member Portion (2.00%) (2.19%) (5.56%)
less Chapter 185 Portion 0.00% (7.45%) (6.00%)
Net From City 11.99% 12.28% 0.00% $250,417 $111,483
GABRIEL, ROEDER, SMITH & COMPANY
$0
Atlantic Beach Employees Retirement System
ACTUARIAL IMPACT STATEMENT
14,1998
Description of Current Provisions
Disability Eligibility
Injured member is unable to perform the tasks of any position within the city.
Vested Benefit
Vested benefit is payable at age 60.
Interest on Emoloyee Contributions
No interest is credited on Employee Contributions for refund purposes.
Description ojProposed Amendment
Disability Eligibility
Injured member is unable to perform the tasks associated with his or her group, General, Police, or Fire.
Vested Benefit
Vested benefit is payable at age 60, if a vested member of the Police or Fire groups terminates with 20 or
more years of service, then the benefit is payable at age 50.
Interest on Employee Contributions
Interest is credited on Employee Contributions for refund purposes at a rate determined by the board.
Funding Implications ojtlre Amendment
An actuarial Cost estimate provided by the actuary is attached.
Certification ojAdnrirristrnlor
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14,
Article X, of the Constitution of the State of Florida.
Plan Administrator
Atlantic Beach Employees Retirement System
GABRIEL, ROEDER, SMITH & COMPANY
Consultants 8 Actuaries
101 Southeast Second Place • Suite 201 • Gainesville. FL 32601 •352-375-3800 • FAX 352-338-1513
August 14, 1998
George Foster, Personnel Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: City of Atlantic Beach Employees Retirement System
Dear George,
We are enclosing five (5) copies of the Actuarial Impact Statement for the proposed
change to the Retirement System. One copy of the Impact Statement and the ordinance
of the changes should be sent to the State of Florida, Department of Management
Services, Division of Retirement, for approval pursuant to Chapter 112 of the Florida
Statues.
The contribution change due to the changes provided in the ordinance are listed below by
group:
General s (3,968)
Police 999
Fire 481
Total $ (2,488)
Please note the required contribution for the Fire group will still be $ 0 because the
Chapter 175 contributions to the plan offset the increase costs due to the changes
affecting the Fire group.
If you have any questions, please do not hesitate to call.
Sincerely,
-_
Dan Sutton
Actuarial Analyst
Enclosure
DxAn'
10/26/98
PASSED by the City Commission on second and final reading this _ day of _,
1998.
ATTEST:
City Clerk
Mayor, Presiding Officer
Approved as to form and correctness:
City Attorney
LEGEND: Underlinine is ne~c laneuaee.
Strikethroogh is ofd laogoage
ABPF31anFinl.Ord
20
DRAFT
10/26/98
u The Ccity of Atlantic Beach shall assume and pay the member contributions set
forth above in lieu of payroll deductions from members' earnings. No member shall have the
option of choosing to receive the contributed amounts directly instead of having them paid by the
city directly to the retirement system. All such contributions by the city shall be deemed and
considered as part of the member's contributions and subject to all provisions of this plan
pertaining to contributions of members. Such contributions shall additionally be considered as
part of the member's compensation for purposes of determining final average compensation and
other benefits hereunder and for determining the member's hourly wage rate for purposes of
FICA contributions, worker's compensation, and overtime compensation. Titecity'spickaP-ofa
fivcan - u - enefitgroup-frremember's
Imo„ ~ PaY~~h
b
{4:8-15)-percent-of eacirotherbertcfit
~-reduction vftwo ember's
This city~ick up of contributions is a result of a commensurate reduction of each member's oav
and is intended to comply with Section 414(h)(2) of the Internal Revenue Code.
(cd) If an employee leaves the service of the city before accumulating aggregate time of
five (5) years toward retirement and before being eligible to retire under the provisions of this
article he/she shall be entitled to a refund of all of his or her contributions made to the city pension
trust fund, vcithont-irnerestplus any interest accumulated at a rate of interest determined annually
by the Board of Trustees, less any disability benefits paid to him/her. If an employee who has
been in the service of the city for at least five (5) years and has contributed to the pension trust
fund as provided, elects to leave his accrued contributions in the trust fund, such employee, upon
attaining the age as required in Section 2-278, may retire with the actuarial equivalent of the
amount of such retirement income otherwise payable to him/her.
Section 33: The provisions adopted herein shall prevail over any existing sections of the
Atlantic Beach Code to the extent said existing sections are contrary or inconsistent herewith.
Section 34: Severability. If any section, sentence, clause, word, or phase of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this Ordinance.
Section 35: This Ordinance shall take effect immediately upon its final passage and
adoption.
19
Dtu~~r
10/26/98
However, in the case of an eligible rollover distribution to the surviving_spouse, an eligible
retirement plan is an individual retirement account or individual retirement annuity
Distributee includes an em~vee or former employee. In addition, the
employee's or former em~vee's surviving, spouse, or the emplovee's or former
emplovee's spouse or former souse who is the alternate payee under an income
deduction order, is a distributee with regard to the interest ofthe spouse or former spouse.
(~ Direct rollover means a ~vment by the plan to the eligible retirement plan
specified by the distributee.
Section 30. Section 2-296 of the Atlantic Beach Code is hereby amended as follows:
Should arty change itrtherecord resuh in the board of trustees determine that any member,
retirant or beneficiary is being paid from the retirement system more or less than is wouht-have
been-paid had-theYecordsireen correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to
which the member, retirant or beneficiary was correctly entitled shall be paid.
Section 31. Section 2-297 of the Atlantic Beach Code is hereby amended as follows:
Anv member who is convicted as prop+ded in F S Section 112.3173 of a specified offense
committed prior to retirement. or whose em l~ovment is terminated by reason of an admitted
commission. aid or abatement of a specified offense. shall forfeit all rights and benefits under this
pension plan. except for return of accumulated contributions as of his date of termination.
Section 32. Section 2-298 of the Atlantic Beach Code is hereby amended as follows
(a) Member contributions by benefit group fire shall be five and five hundred fifty-five
thousandths (5.555) percent of salary and by benefit group police bargaining unit members
covered by the current bargaining unit contract shall be one (1) percent of salary and by other
benefit group police members shall be four and eight hundred fifteen thousandths (4.815) percent
of salary which shall be deducted from the member's pay and paid over into the retirement system
at the same time as city contributions are made.
(b) Member contributions for benefit group general shall be no-less-than two (2)
percent of salary and said contribution shall be deducted from the member's pay and paid over
into the retirement system at the same time as the city contribution is made to the retirement
system.
18
DRnt>1
10/26/98
s sy tem• shall be paid by the city.
Section 28. Section 2-293 ofthe Atlantic Beach Code is hereby deleted.
Section 29. Section 2-295 of the Atlantic Beach Code is hereby amended as follows:
Lal The right of a person to a pension, disability. death or survivor benefit. any
optiortat-benefit, and any other right accrued or accruing to any person under the provisions of
this division, and any monies in assets belonging to the retirement system, shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other
process of law whatsoever, and shall be unassignable except as is specifically provided in this
division. If a member is covered under a group insurance or prepayment plan participated in by
the city, and should the member or his/her beneficiary be permitted to and elect to continue the
coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of
trustees to deduct required payments to continue coverage under the group insurance or
prepayment plan. The city shall have the right of set off for any claim arising from embezzlement
by or fraud of a member, retirant or beneficiary in addition to any other remedies. including
forfeiture of benefits, provided by law.
Direct rrnnsfers of eligible rollover distributions. This subsection applies to
distributions made on or after October 1. ] 993. Notwithstandin@ any provision of the plan to the
contrary that would otherwise limit a distributee's election under this section, a distributee may
elect, at the time and in the mannerprescribed by the board of trustees. to have any_portion of an
eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee
in a direct rollover.
Eligible rollover distribution means any distribution of all or any portion of
the balance to the credit of the distributee. except that an eligible rollover distribution does
not include any distribution that is one of a series of substantially eoual periodic moments
(not less frequently than annually) made for the life (or life expectancy) of the distributee
or the joint lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary. or for a specified period often years or more: any distribution to
the extent such distribution is r~uired under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income
(determined without regard to the exclusion for net unrealized appreciation with respect to
employer securities).
(~ Eligible retirement means an individual retirement account described in
Section 408(a) of the Internal Revenue Code. an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code. an annuitkplan described in Section 403(a)
of the Internal Revenue Code_ or a qualified trust described in Section 401(a) of the
Internal Revenue Code. that accepts the distributee's elieible rollover distribution.
17
Dtusrr
10!26, 98
(tj Tfie-corporatiorrislisted-on-arty-one -or more of the recogttized nationat-stock
exchanges thatitolds a7ating-in one of the threef3) irighesi ctassifrcatiomfipa
maJorratingservice:
(2) The-boars] of tmstees shattTOt-invest more than five {5) percent of its assets m the
common stock or~apitat stockvf arty one issuing comparry, nor shattthe aggregate
investmem in~rty oneissuin~compart}rexceettftve (5)percertt ofthe nutstandmg
capital stockofthe company,-norshaH the aggregate of its investments under this
paragraph-exceed-fifty (50)percent of the fund's-assets:
]nvestments shall note made-in-arty stocks,- bonds, -or-other securitier oa~rted- or
comrolied-by a governmerrc-otherthan that- ofthe-Ehtited-~tates yr of the-severalstater - ~'tre
board vftrtrstees fi}fordinance approved-by-a two-thirdsvoteofthe city commissiorrmayprovide
for inveshnertts-of greater-than thirty (39)~ercern in equitpatocks. in their sole discretion. to
invest and reinvest such funds as are not necessary for current expenditures or liquid reserves, as
thev may from time to time determine. The Trustees may sell, exchange or otherwise dispose of
such investments at any time The Trustees shall have the authority, in respect to anv stocks.
bonds or other prooerty. real or personal, held by them as Trustees, to exercise all such ri<~hts,
powers and privileges as mieht be lawfully exercised by any person owning similar stocks, bonds
or other propert~n his own right The trustees are authorized to vary from the investme:t
procedures outlined in Chapters 175 and 185 Florida Statutes and invest in those stocks bonds
and other securities permitted by the investment policies or guidelines adopted by the trustees.
(~ Delegation and Aloocation of Investment Frmctions.
u The Trustees shall have the power and authority to appoint one or more
investment managers who shall be resQonsible for the management, acquisition,
disposition, investing and reinvesting of such of the assets of the Trust Fund as the
Trustees shall specifk Any such appointment may be terminated by the Trustees
upon written notice. The fees of such investment manager shall be paid out of the
Trust Fund. The Trustees shall require that the investment manager acknowledge
in writin€~ that it is a named fiduciary with respect to the pan.
u In connection with any allocation or delegation of investment functions under this
section, the Trustees shall. from time to time, adopt appropriate im~estment
policies or guidelines, which may vary from the investment procedures outlined in
Chapters 175 and 185. Florida Statutes.
Section 27. Section 2-292 of the Atlantic Beach Code is hereby amended as follows:
The expenses of administering a retirement system including the premiums for fiduciary
liability and waiver of recourse insurance covering the board of trustees and the retirement
16
DRAFT'
10.'26/9S
2-298 and the state premium taxes fundingprovided for in subsection C1 and other
income sources as authorized by law, sufficient to meet the normal cost of the plan
and to fund the actuarial deficiency over a period of not more than forty (401
years, as determined by the F. S. required annual actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance
with generally accepted actuarial principles on the basis of such rates of interest and tables of
experience as the board of trustees shall from time to time adopt. The city shall also contribute
the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the extent
such cost cannot be covered by the unencumbered balance in the Plan.-reserve ofundistribnted
im+estment-income The board shall annually certify to the city commission-the contributions
determined according to this section, and the commission-city shall appropriate and pay to the
retirement system,~inrirtgthenext fiscal-year, the contributions so certified.
(~ All benefits and expenses shall be paid in accordance with the provisions of this
pension plan and consistent with Florida Statutes and the Internal Revenue Code.
Section 25. Section 2-289 of the Atlantic Beach Code is hereby deleted.
Section 26. Section 2-290 of the Atlantic Beach Code is hereby amended as follows:
The board of trustees shall be the trustee of the monies and assets of the retirement
system. The board shall have full power and authority, to invest-and-reinvest strch-momes-and
assets~ttbject-to~it~erms; conditions,-limitations-anti-restrictimis imposed-iry~he-state-on-the
investments-of -pnb6c -employee retiremenrt-systems ~Ite-board- shaH~rnptoy-an-rnrtside
imrestmemadviserto advise the- board in making and~isposition of investmems.-Ail-monies-and
assets-ofthe--retirement-system shallfie tteld for the-sole-purposes of-meeting~fisbursements
authorized in accordance with the prm-isions-of~his fiivision;~rtd shall be vsett-for-no-outer
ptrposes-'fhe-board vftrustees may im~est and-reimvestthcassets of theretiremetrttmstfuntt in
(a) Trrne or savings accounts of a nat~cnu; ~-'`-.; estate-bank-insured~yttte-Federal
Deposit-insurance Corporation, or a savings and h~an association insure~by the Federal-Savings
and Loan lnstnance Gorporatitm,
(b) Ob}igations of the-United States or imobligatiotts guararrteed~sto-principaf-and
imerestfiythe Uttited States.
(c) Bonds, stocks, or other evidences of indebtedness issued or guarameed-by -a
corporation orgarrized tmder the laws of the t)mted States, -any state; or ~rgamzed territory of the
United States, or the District ofCohtmbia, provided-
IS
DrtAl-r
10/26!98
Section 22. Section 2-286 of the Atlantic Beach Code is hereby amended as follows:
If a member of the retirement system, retirant or beneficiary becomes entitled to a pension
as the result of an accident or injury caused by the act of a third party, the citq retirement system
shall be subrogated to the rights of such member, retirant or beneficiary against such third party to
the extent of pensions which the city retirement system pays or becomes liable to pay on account
of such accident or injury.
Section 23. Section 2-287 of the Atlantic Beach Code is hereby deleted.
Section 24. Section 2-288 of the Atlantic Beach Code is hereby amended as follows:
Reserve for employerrontributionr, cCity contribution.
(a) Tt~e reserve for emptoyer~onh~ibation- shatHre the--accrnmt-to-which shaft be
credited-contribtrtiorrsinade-bythe cit~and-tfie-state t ,and -from-which
shall be made transfers as-provided in thissection. The plan shall be funded by contributions from
member contributions, as provided in Section 2-298, state funding provided for in Sections
175.101 & 175.121 of the Florida State Statutes. contributions from the city and other incorne
sources as authorized bylaw.
(b) Eazhyear-foHowirtg-receipt-ofthe-report--`ar-tire annuaFactvarial~ahration,-the
ezcessj -if-arry,-oftfieTeported vahre of pensiom being-paid~rtd-Fikely-to ire~ai~7etirantrand
beneficiarieroverthc balance inure-reserve-for retirzd-benefit payments shaft-betransferred~rom
the-reserve for emptoyer -corrtribntions-to-the-reserve for retired-benefit-for retired-benefit
payments. State funding shall be provided from premium taxes collected and disbursed pursuant
to F. S. sections 175.101 and 185.121. which Monevs shall be deposited into the fund within five
calendar days of receipt by the city with the understanding that these premium tax revenues shall
be deposited into and become an integral part of this fund and may not be used for anv other
u ose.
(c) Tire financial -objective vf-t ' ~ the
retirementsystem Eac}ryearwhich togetherwith othersotrrces-ofincomeshaH-be-sufftcierttto-
(t) - Fvllyfund the-cost of benefits-Fikely to~epaid-omaccount ofservice rendered by
members during the year;-and
(2) - Pittance urtfimded costs of benefrtstiketytotepaidvn-accoum of-serviceTertdered
by members prior to the current year over a-period-of not more thanforty {40)
years. Citv contributions shall be made to the plan, on at least a quarterly basis. in
an amount which, together with the member contributions provided for in section
]4
nw~r
10/26/98
Not withstanding the provisions of paraeraphs (1) and (2) above the annual
benefit payable to a member having at least fifteen years of service shall not be less
than the annually adjusted amount provided in the provisions of IRC Section
415 d .
Compensation in excess of limitations set forth in Section 401(a)(17) of the
lnternal Revenue Code shall be disreearded The limitation on compensation fur
an "eliGible employee" shall not be less than the amount. which was allowed to be
taken into account hereunder as in effect on July 1 1993 "Elieible employee" is an
individual who was a member before the first plan year beginnine after December
31, 1995.
If the member has less than ten years of service with the employer (as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section
4I5(b)(6)(D) of the Internal Revenue Code) the applicable limitation in
subsection (1) or subsection (2) of this subsection shall be reduced by multiplying
such_limitation by a fraction, not to exceed one The numerator of such fraction
shall_be the number of years, or cart thereof, of service with the emDover. the
denominator shall be ten years For purposes of this subsection annual benefit
means a benefit payable annually in the form of a straight-line annuity with no
ancillary or incidental benefits and ~.vith no member or rollover contributions To
the extent that ancillary benefits are provided the limits set forth in subsections (1)
and (2) of this subsection will be reduced actuarially using an interest rate
assumption equal to the greater of five percent or the interest rate used in the most
recent annual actuarial valuation to reflect such ancillary benefits If distribu•ion
of retirement benefits begins before aae 62 the dollar limitation as described in
subsection (1) of this subsection shall be reduced actuarially using an interest rate
assumption equal to the greater of five~ercent or the interest rate used in the most
recent annual actuarial valuation: however retirement benefits shall not be reduced
below $75.000.00 if patiment of benefits begins at or after aee 55 If retirement
benefits begin after age 65, the dollar limitation of subsection (1) of this subsection
shall be increased actuarially using an interest assumption equal to the lesser of five
percent or the interest rate used in the most recent annual actuarial valuation. For
purposes of this subsection. average annual compensation for a member's three
h~hest paid consecutive years means the member's greatest a r4g eeate
compensation during the period of three consecutive years in which the individual
was an active member of the plan The special maximum retirement income
limitation applicable to police officers at the normal retirement date shall be as set
forth in Section 415(G) and (~ of the Internal Revenue Code of 1986 and
amendments thereto and such amount shall be adjusted in accordance wi[h
regulations promulgated by the Secretary of the Treasury or his/her delegate
13
DtuFr '
] 0/26/98
pension computed according to the applicable subsection of Section 2-281, based on the deceased
member's final average compensation and credited service. The percent shall be equal to the
applicable following percent:
(1) Benefit group fire: Seventy-five (75) percent;
(2) Benefit group police: Seventy-five (75) percent;
(3) Benefit group general: Seventy-five (75) percent.
A surviving spouse's pension shall termi~?re upon remarriage or death.
(c) The deceased member's unmarried children under the age of nineteen (19) years,
or 23 years if enrolled full-+ime as a student in an educational institution shall each be paid an
equal share of a level straight life pension computed according to the applicable subsection of
Section 2-281, based on the deceased member's final average compensation and credited service.
The percent shall be equal to the applicable following percent:
(1) Benefit group fire. Zero (0) percent during periods a pension is being paid in
accordance with the provisions of subsection (b). Fifty (50) percent during periods
a pension is not being paid in accordance with the provisions of subsection (b);
(2) Betrefrt group police. Zero (0) percent during periods a pension is being laid in
accordance with the provisions of subsection (b). Fifty percent during periods a
pension is not being paid in accordance with the provisions of subsection (b);
(3) Benefil group general. Zero (0) percent during periods a pension is being
paid in accordance with the provisions of subsection (b). Fifty (50) percent during
periods a pension is not being paid in accordance with the provisions of subsection
(b).
A surviving child's pension shall terminate upon attainment of age nineteen (19) years o~
if over nineteen, upon no longer being enrolled as a full-time student in an educ?±inal institution,
marriage, adoption or death, and the pension of each remaining eligible child shall be recomputed.
Section 21. Section 2-285 of the Atlantic Beach Code is hereby amended as follows:
~ In no event may a member's annual benefit exceed the lesser of
~1,) One Hundred Fifty Thousand dollars f adjusted for cost of living in accordance
with section 415(dl ofthe Internal Revenue Code. but only for the vear in which
such adjustment is effective): or
12
Danr-r
10/26/98
half of the reduced pension shall be continued throughout the future lifetime of and
paid to such person having an insurable interest in the retirant's life, as the retirant
shall have nominated by written designation duly executed and filed with the board
of trustees at the time of election of the optional form of payment.
(3) Option C; social security coordinated pension: Under Option C, a retirant shall
be paid an increased pension to attainment of the age sn~ when the
retirant is eligible to receive regular social security retirement benefits, and a
reduced pension thereafter. The increased pension paid to attainment of re ular
social security retirement age sixty=five years shall approximate the sum of the
reduced pension payable thereafter and ~ the retirant's estimated social security
primary insurance amount. -bertefrrgtoup--generat
memberswho retirepursnarrt to - ~orr2=27&.
u Other berie N orm. Anv other actuarially equivalent form of benefit requested
by a member and approved. in their sole discretion, by the board of trustees.
Section 19. Section 2-283(b) of the Atlantic Beach Code is hereby amended as follows:
(b) Upon the death of a member who has a valid nomination-of-beneficiary in force,
the beneficiary, if living, shall be paid a level straight life pension computed acc~:ding to Section
2-28] in the same manner in all respects as if the member had elected Option A provided in
Section 2-282 and retired the day preceding his/her death, notwithstanding that the member may
not have satisfied the conditions for retirement. Upon a member's retirement, resig,~3tion or
termination as a city employee, eligibility for the death benefit payable under this Section 2-281
will automatically terminate.
Section 20. Section 2-284 of the Atlantic Beach Code is hereby amended as follows:
Alternate death while in city employments automatic pension to spouse and/or
children.
(a) The applicable benefits provided in subsections (b) and (cl of this subsection or, if
the member designated the member's spouse or children. as set forth below, the benefits provided
in Section 2-283, whichever are rg eater, shall be paid if a member of the retirement system who
has five (5) or more years of credited service in force and dies while in the employ of the city.
The provisions of this section shall not apply in the case of death of a member who has a valid
designation of beneficiary, other than the member's spouse or children as set forth below, in force
pursuant to Section 2-283.
(b) Subjectto subsection (di,ZThe person to whom the deceased member was married
at the time of death shall be paid a pension equal to a percent of the amount of level straight life
D~znt~
10/26/98
Section 17. Section 2-280(a), (b) and (c) of the Atlantic Beach Code is hereby
amended as follows:
(a) The Board of Trustees may require a disability retirant to undergo periodic medical
examination by-or mtder~ite-direction-oftlte-medicat-director if the disability retirant has not
attained the following applicable age:
(1) Benefit group fire: Age sixty (60) years;
(2) Benefit group police: Age sixty (60) years,,
(3) Benefit group general: Age sixty (60) years.
(b) If a disability retirant refuses to submit to a medical examination payment of the
disability pension may be suspended by the board of trustees until withdrawal of the refusal.
Should refusal continue for one (I) year all the disability retirant's rights in and to a disability
pension may be revoked by the board r•ftrustees. fcdisabilityretirantshaH-berestoredto-active
employment-with-the -city-and the-disability-pension -discomirmed- if following-a-mecficat
examinationthe medicaFdirectorcertifies ~hysitallyabte
and-capable-of resuming ~ftrvmes-concurs-irrthe
certification vfthe~nedicat~irector.-The~ity shaif beaflowect7-easonabteiatitude in placing-the
returned~isabifityretiraminaposition-commensurate withtlte-position--heMat-timevfdisabititq
retiremertr
(c) A disability retirant who has been restored to employment with the city as
provided in subsection (a) shall again become a member of the retirement system.-'fie-disability
retirant'-s-credited-service at time of retirementshatl be7estoredto-fttli-force. Service shall be
credited for the period the disability retirant was being paid a disability pension.
Section 18. Section 2-282 of the Atlantic Beach Code is hereby amended as follows:
u In no event may a member's annual benefit exceed the lesser of:
(1) Option A; one htuidred percent survivor pension: Under Option A, a retirant shall
be paid a reduced pension for life with the provision that upon the retirant's death,
the reduced pension shall be continued throughout the future lifetime of and paid
to such person having anittstrrabie ' , as the retirant shall
have nominated by written designation duly executed and filed with the board of
trustees at the time of election of the optional form of payment.
(2) Option B; fifty percent survivor pension.• Under Option B, a retirant shall be paid
a reduced pension for life with the provision that upon the retirant's death, one-
]0
Dw,Fr
10!26/98
As a police officer. if a member of benefit group police: or
(3~ As a city employee, if a member of benefit groupgeneral
and-a7rtemberof the mirement system wiHire-considered~ermanertttydisabted if, imthe opinion
of the ' -likely to remaitt-so disa ennanently frortra
cause-otherthanasspecified ~in subsectian{c}
(d) No member shall be permitted t~ retire ender the provisions of this section until
he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees
for that purpose, and is found to be disabled in the degree and in the manner specified in this
section. Any member retiring under this section shall '~ be examined periodically by a duly
qualified physician or surgeon or board of physicians and surgeons to be selected by the board of
trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses
to submit to such an examination. the member's disabilitypension shall be susQended until such
time as the member submits to the examination.
(e) The benefits payable to a member who retires from the service of the city with a
total and permanent disability as a direct result of a disability commencing prior to his normal
retirement date is the monthly income computed according to the applicable subsections of
Section 2-281 or, if a police officer or firefiehter. 42% of final averaee compensation. whichever
~s greater
(f) The monthly retirement income as computed in Section 2-281 to which a member
is entitled in the event of his disability retirement shall be payable monthly-orrthe-first~ayvfthe
first-rnomh after the board of trustees determine such entitlement retroactive to the date of
application or the last day on payroll, whichever is later. If the member recovers from the
disability prior to his normal retirement date, the last payment will be the payment due next
preceding the date of such recovery. If the member dies without recovering from his disability or
attains his normal retirement date while still disabled, the last payment will be the payment due
next preceding his death.
(g) If the board of trustees finds that a member who is receiving a disability retirement
income is, at any time prior to his normal retirement date, no longer disabled, as provided herein,
the board of trustees shall direct that the disability retirement income be discontinued. Recovery
from disability as used herein means the abili~v of the member to render useful and efficient
service as an employee of the city within the benefit group to which the member belonged at the
time the disability benefit was Kranted. regardless of whether the member is reemMoved ~ the
city.
9
DRAF 1'
10/26; 98
Section -5. Section 2-278(a) of the Atlantic Beach Code is hereby amended as follows:
(a) A member of the retirement system who terminates city employment rip or to
satisfying the requirements for voluntary retirement under Section 2-276 wtto~ertninates city
employment for a reason other than retirement or death, who has not received a refund of lus or
her member contributions and who has the applicable period of credited
service specified in subsection (b) shall remain a member purposeto-be
entitled-to-retire and be entitled to be paid a pension upon attaining age-60-years the a e and
service requirements for voluntary retirement, as set forth in Section 2-276. Upon retirement
attaining the ape and service requirement for voluntary retirement, the member shall be paid a
pension computed according to the applicable subsections of Section 2-2831 as the subsections
were in force at the time a member left city employment.
Section 16. Section 2-279(a), (b), (d), (e), (f) and (g) of the Atlantic Beach Code is
hereby amended as follows:
(a) A member having five or more continuous years of credited service and having
contributed to the retirement system for five years or more may retire from the service of the city
if,-priorto his-normalTetiremem-date; he becomes totally and permanently disabled as defined in
subsection (b) by reason of any cause other than a cause set out in subsection (c) onvrafterthe
effective~atebf the-plan. Such retirement shall herein be referred to as "disability retirement."
Tlreprovisions-for-disabilitybtherthan ' - lnotapplytoamemberwfioitas
reached-eartybr normaf retiremerrt-age: The F_five years of credited service reouirement shall not
apply to police officers and firefighters disabled (as defined herein) in the line of duty. The
minimum benefit for any police officer or firefighter disabled in the line of duty shall be forty-two
percent of the final average salary compensation, regardless of years of credited service.
(~ For fire and police groups anv permanent disability. as defined in subsection (a) of
this section. which is the result of or caused by tuberculosis. hepatitis.
meninaococcal meningitis. hypertension. heart disease or hardening of the arteries
shall be presumed to have been incurred in the line of duty unless the contrary is
shown b~petent evidence or unless a physical examination of the member
conducted upon initial hiring by the city revealed the existence of such condition at
that time. and provided that a member claiming disability due to tuberculosis or
meninQOCOCCaI meningitis provides the affidavit required by Section 112. I8 i (2 i
FSS.
(b) A member will be considered totally disabled if, in the opinion of the board of
trustees, the member he is totally and permanently prevented from rendering useful and efficient
service asa city-employee;
As a firefighter, if a member of benefit group fire:
DkAr-r '
10/26/98
(2) The member terminates all of his/her then-current city employment normally
requiring 1000 hours of work or more per annum on or before prior to the date retirement is to be
effective;
Section 13. Section 2-276(c)(1), (2), and (3) of the Atlantic Beach Code is hereby
amended as follows:
(c) Employment After Retirement
(1) Any person who has retired as a member of this retirement system may be
reemployed by the city in a position normally requiring less than 1000 hours of
work per annum and receive retirement benefits from his/her previous employment
and compensation from his/her reemployment_
(2) Any person who has retired as a member of this retirement system and is
subsequently reemployed by the city in any_position normally requirin¢ 1000 hours
or more of work oer annum shall have his/her pension benefit suspended during the
period of such reemployment em-system
byYeason ,ent bertefrts
and shall receive additional credited service from his/her reemployment.
(3j Any-person~o whorn-the-limitati ~ o~iotates such
e completion of
the-twelvemonth
(a) Givetimely notice- ,
(b) Have-the- er-ofthe~vvelve-
momhperiod;
(c) Repay all r ~ r-to~he giving of this written
notice to thc-citq~intil repayment-of-these mss-made,-the
paymem of arty - ~ -has
expired -ismdefmitely suspended-
Section 14. Section 2-277(a), (b), (c) and (d) of the Atlantic Beach Code is hereby
deleted in its entirety.
D~~f:T
10/26.'98
aPPro~ ~Y the~itYcommission:
(b)(4)u Elected officials ofthe city.
(b)(4) Positions which are compensated on a basis not subject to the withholdine of
federal income taxes or FICA taxes by the city.
(b)(5) Temporary employees.
(b1(61 Anv person initially employed as or promoted to a position desi¢nated by the City
as Executive or Department Head shall elect to participate or not participate in the retirement
system. Such election shall be irrevocable for as long as the employee holds such executive or
~artment head position. Should any such member elect to discontinue participation in the
retirement svstem, the member's entitlement to benefits hereunder shall be governed by the
system's provisions in effect at the time of such discontinuance.
(~ An individual shall cease to be a member upon termination of employment by the
City, or uQon ceasine to be employed in a position regularly requirintt 1,000 or more hours of
work in a year, or upon becoming employed in an excluded position.
Section 10. Section 2-274 of the Atlantic Beach Code is hereby amended as follows:
A member's fast forfeited credited service shall be restored to his/her individual service
account if re-employment by the city and membership in the retirement system occurs within five
years from and after the date of separation from city employment that caused the forfeiture
provided that the member repays to the retirement svstem the contributions refunded under
Section 2-298(cl hereof plus interest at the actuarially assumed rate in accordance with terms
established by the board of trustees.
Section 11. Section 2-275 of the Atlantic Beach Code is hereby amended as follows:
Notwithstanding andprovision of this article to the contrary, contributions,
benefits and service credit with respect to qualified military service will be provided in accordance
with &414(u) of the Internal Revenue Code.
Section 12. Section 2-276(a)(1) and (2) of the Atlantic Beach Code is hereby amended
as follows:
(1) The member files written application for retirement with the board of trustees
setting forth the dates not Less than thirty days~tor morethan~9~ags snbsegnerrt tvthe~xerrtion
and fitmg thereof, retirement is to be effective.
Da.arr
10/26/95
Section 7. Section 2-270(6) of the Atlantic Beach Code is hereby amended as follows:
(6) Medical ~rnector--The-b ho
ir-not a~ttember,-retiranr or beneficiary--Tire-medical pass-upon all
medical examiners requirediniheadrnirustrationb alt investigate aN
statements-and -certificates of-a~nedicat- ~ zonnectioir-witlrltre
operation-of~he -retirement- system-Tice-medical-~irector-shall-report-his-conclusionrand
recommendationrm wwriting.
(ti) Administrative Manager: The board may emplov or contract for the services
of an individual, firm or corooration, to be known as the "administrative manaeer". who shall.
under the direction of the board or any appropriate committee thereof, be ministerially resQonsible
to:
Lal Administer the office or offices of the retirement svstem and of the board:
Coordinate and administer the accountine. bookkeepine and clerical services:
u Provide for the coordination of actuarial services furnished by the actuary:
Prepare (in cooperation or aQprooriate with the consulting actuary or other
advisors) reports and other documents to be prepared. filed or disseminated by or
on behalf of the retirement system in accordance with law;
(~ Perform such other duties and furnish such other services as may be assigned.
deleeated or directed or as may be contracted by or on behalf of the board.•
Section 8. Section 2-270(7) of the Atlantic Beach Code is hereby amended as follows-
(7) Services: The Board is authorized and empowered to employ such
professional, medicsI technical or other advisors as are required for the proper administration of
the retirement system. These services t; shall be obtained and the
compensation for these services shall be fixed determined in acwrdance with citybperatirtg
procedures established by the board.
Section 9. Section 2-271(6)(2) and (3) of the Atlantic Beach Code is hereby amended
as follows:
(b)(2) Any city manaeerial or professional employee who is compensated-ona-fectasis
em Toyed pursuant to an individual contract of employment which does not provide for the
employee's participation in this retirement system;
(b)(3) Any P~~ Participating~n-another program -of-deferred zompensatiorr-as
Dw~t~-t
10!26/98
Section 3. Section 2-267 of the Atlantic Beach Code is hereby amended as follows:
The regular term of office of a member of the board of trustees shall be four two years for
civilian members, acid four two years for employee representatives, unless they terminate
employment, whereupon a new election will be held by the members of the plan four to fill the
unexpired term of their trustee representatives, and one vear for the trustee selected the other
four members of the board. Each trustee shall, before assuming the duties of trustees, qualify by
taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office
shall begin. However, upon the exoiration of the terms of the civilian trustees and emplovee
representative trustees in office at the time this ordinance is adopted. the term of the next
succeeding civilian member shall be for one year. the term for the next succeedingpolice officer
or firefi ter representative shall be for two vears and the term for the next succeedi~~ non police
officer non-firefi ter emplo eti a representative shall be for three years, with all civilian member
and employee representative trustees havin four year terms thereafter.
Section 4. Section 2-268(a) of the Atlantic Beach Code is hereby amended as follows:
(a) A vacancy shall occur on the board of trustees if any civilian member shall resign
or any employee representative ceases to be employed by the city. A vacancy shall occur on the
boazd if any member-eh~cted trustee fails to attend five three consecutive meetings of the board
unless, in each case, excused for cause by the trustees attending the meeting.
Section 5. Section 2-270(2) of the Atlantic Beach Code is hereby amended as follows:
(2) Secretary: The ;
The board shall annually elect a
secretary from its members who shall sign the minutes of each meetine and be the custodian of the
retirement system's records.
Section 6. Section 2-270(4) of the Atlantic Beach Code is hereby amended as follows:
(4) Legal Advisor:The board is empowered to employee independent legal council
counsel but is authorized to utilize the services of the City Attorney.
DRAI•"I'
10/26/98
BENEFIT PAYMENTS; SEC. 2-297, TO ALLOW
FORFEITURE OF BENEFITS FOR VIOLATIONS
CONTAINED IN STATE LAW; SEC. 2-298(d), TO RE-
NUMBER CURRENT PARAGRAPH; PROVIDING FOR A
SAVINGS CLAUSE; PROVH)ING FOR SEVERABILITY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida has an interest in the future retirement of
its employees and wishes to improve the retirement system whenever feasible; and
WHEREAS, the City of Atlantic Beach, Florida recognizes the requirement and desires
to ensure compliance of its pension ordinance and all sections thereof with ali State and Federal
laws governing governmental pension plans; and
WHEREAS, Chapter 2, Administration, Article VI, Division 3, Retirement System, of the
Code of Ordinances of the City of Atlantic Beach, Florida, must comply with all State and Federal
laws governing pension plan it is hereby amended as follows:
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
Section I. The definition of"Retirant" in Section 2-262 of the Atlantic Beach Code is
amended as follows:
Retirant shall mean any person who has satisfied the condition for receivinK a benefit and
is being paid a pension by the retirement system on account of the person's membership in the
retirement system.
Police offrcer shall mean a city employee employed by the police department who is
certified or required to be certified as a law enforcement officer in compliance with Sections
943.13 and 14, Florida Statures, and who holds the rank of patrol officer or higher, including
probationary patrol officer. The term police officer shall not include any civilian city employee
employed in the police department, any person employed as a police officer for an emergency, or
any person privately employed as a police officer.
Section 2. Section 2-264 of the Atlantic Beach Code is hereby amended as follows:
The general administration, management, and responsibility for the proper operation of the
retirement system, and for construing, interpreting and making effective the provisions of this
division, and for making recommendations to the city Commission on matters concerning this
retirement svstem are vested in the board of trustees.
DRnF r `
10/26/98
TO AGE; 2-279(a)(1), TO INCLUDE STATE LAW
PRESUMPTIVE DISEASES FOR POLICE AND FHiE
PERSONNEL; 2-279(b), TO DEFINE DISABILITY AS
FUNCTIONAL DISABILITY WITHIN BENEFIT GROUP; 2-
279(d), TO MAKE PERIODIC EXAMINATION
PERMISSIVE BY BOARD OF TRUSTEES, AND ALLOW
SUSPENSION OF BENEFITS ON REFUSAL TO SUBMIT
1'O A PERIODIC EXAMINATION; 2-279(e), TO PROVH)E
A 42% MINIMUM DISABILITY PENSION FOR POLICE
AND FIRE PERSONNEL; 2-279(f7, TO CLARIFY DATE OF
LAST BENEFIT PAYMENT; 2-279(g), TO DEFINE
RECOVERY FROM DISABILITY AS FUNCTIONAL
WITHIN BENEFIT GROUP; SEC. 2-280(b), TO PROVIDE
CONTINUITY WITH SECTIONS 2-270(6)(7) AND 2-279(b);
2-280(c), TO PROVIDE CONTINUITY WITH SF.C. 2-274;
SEC. 2-282(1) AND (2), TO ESTABLISH DESIGNATED
BENEFICIARY AS RECIPIENT OF BENEFIT; 2-282(3), TO
DELETE REFERENCE TO AGE AND MAKE BENEFIT
AVAILABLE TO ALL MEMBERS; 2-282(4), TO ALLOW
BOARD TO PROVIDE OTHER BENEFITS; SEC. 2-283(b),
TO DELETE REFERENCE TO SUBSECTION; SEC. 2-
284(a), TO PROVIDE ADDITIONAL OPTIONS FOR
DEATH IN PERFORMANCE OF DUTY; 2-284(b), TO
DELETE REFERENCE TO REMARRIAGE OF SPOUSE
DUE TO NONCOMPLIANCE WITH LAW; 2-284(c), TO
PROVIDE FOR EXTENDED BENEFIT WHILE CHILDREN
ARE STILL IN SCHOOL; SEC. 2-285(c), TO ESTABLISH
COMPLIANCE WITH INTERNAL REVENUE CODE; SEC.
2-286, TO PROVIDE THE RETIREMENT SYSTEM WITH
SUBROGATION RIGHTS; SEC. 2-287, TO DELETE; SEC.
2-288, TO PROVIDE STATE REQUIRED TIME PERIODS;
SEC. 2-289, TO DELETE; SEC. 2-290, TO ESTABLISH
BOARD OF TRUSTEES INVESTMENT
RESPONSIBILITIES; SEC. 2-292, TO AUTHORIZE
PURCHASE OF INSURANCE FOR BOARD OF TRUSTEES;
SEC. 2-293, TO DELETE; SEC. 2-295(a), TO ESTABLISH
PROHIBITION AGAINST GARNISHMENT AND INCLUDE
IN CITY'S RIGHT OF OFFSET FORFEITURE OF
BENEFIT; SEC. 2-295(b) TO ALLOW DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; SEC. 2-296, TO ESTABLISH BOARD OF
TRUSTEES AUTHORITY TO CORRECT INACCURATE
2
1)P.nF[
:0/26/98
ORDINANCE NO. 58-98-25
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3,
RETIREMENT SYSTEM, SEC. 2-262, TO CLARIFY
DEFINITION OF RETIRANT; SEC. 2-264, TO CLARIFY
BOARD OF TRUSTEES RESPONSIBILITY; SEC. 2-267, TO
ESTABLISH STAGGERED FOUR YEAR TERMS; SEC. 2-
268, TO REDUCE NUMBER OF ALLOWABLE MISSED
MEETINGS; 2-270(4), TO CORRECT SPELLING ERROR;
2-270(6), TO ESTABLISH ADMINISTRATIVE MANAGER
AND DELETE MEDICAL DIRECTOR; 2-270(7), TO
ESTABLISH MEDICAL PROFESSIONAL AND
PROCEDURES TO HIRE AND COMPENSATE; SEC. 2-
271(6)(2), TO ALLOW EXCLUSION OF MANAGERIAL OR
PROFESSIONAL UNDER CONTRACT; 2-271(3), DELETE;
2-271(4), TO RE-NUMBER AND EXCLUDE POSITIONS
NOT SUBJECT TO FWH & FICA TAXES; 2-271(5), TO
EXCLUDE TEMPORARY EMPLOYEES; 2-271(6), TO
ALLOW OPTION OF PARTICIPATING FOR EXECUTIVE
OR DEPARTMENT HEADS; 2-271(c), TO DEFINE
TERMINATION OF MEMBERSHIP; SEC. 2-274, TO
REQUIRE REPAYMENT ON REHIRING WHEN REFUND
OF CONTRIBUTIONS RECEIVED; SEC. 2-275(a)(3), TO
REQUIRE MILITARY SERVICE CREDIT IN
ACCORDANCE WITH THE IRS CODE; SEC. 2-27ti(a)(1),
TO DELETE DEADLINES WHEN APPLYING FOR
RETIREMENT; 2-276(a)(2), TO DEFINE RETIREMENT
CONSISTENT WITH EMPLOYMENT AFTER
RETIREMENT PROVISIONS; 2-276(c)(1), TO ALLOW
REEMPLOYMENT TO CERTAIN POSITIONS WITHOUT
LOSS OF PENSION AND DELETE WAITING PERIOD FOR
RESTORATION OF BENEFITS; 2-276(c)(2)&(3), ALLOWS
REEMPLOYMENT TO POSITIONS REQUIRING LESS
THAN 1000 HOURS WITH PENSION BENEFITS
SUSPENDED; 2-276(c)(3), TO DELETE DUE TO
LANGUAGE CONFLICTING WITH SUBSECTION (I) AND
(2); SEC. 2-277, TO DELETE FOR NONCOMPLIANCE
WITH STATE LAW; SEC. 2-278(a) TO DELETE
REFERENCE TO AGE AND PROVIDE FOR A DEFERRED
RETIRE11fENT; SEC. 2-279(a), TO DELETE REFERENCE
1
296 Made more general to increa~:, abilities to correct errors.
297 Updates violations to include Florida State Statutes.
298 (a) States current contribution rates for police and fire and current
contribution rate for general employees and removes requirement of a vote
by the benefit group.
(c) New paragraph (c) created to provide for city picking up employee
contributions in accordance with IRS provisions and prohibiting individual
from receiving such contributions directly.
(d) Current paragraph (c) is moved to (d) correcting the subsection number.
ALTERNATIVES TO CHANGES
Except for those that reference Florida State Statutes and the IRS Code, these
changes are designed to improve the efficiency of the boards control and
management of the trust. All of the suggested changes aze standazd concepts
edited to fit the existing style and language of the current ordinance.
October 1998 Page 5
(4) Language added to allow any other benefit approved by the board.
(5)(a)-(d) Provides for direct transfers of eligible rollover distributions.
283 (b) Deletes subsection reference and adds language to apply to this entire
284 (a) Provides the greater of benefits provided in this subsection and 2-283.
Also deletes language relating to subsection not applying to member who has
a valid designation of beneficiary in force.
(b) Deletes reference to terminating benefit due to remarriage of spouse;
not legal for fire or police.
(c) Extend benefit for children still in school until 23 years of age.
285 (c) Includes maximum benefits allowable under IRS Code and to capture
IRS exemption allowed at July 1, 1993 levels for members prior to January
1, 1996.
286 Substitutes "retirement system" for "city'.
287 Deleted in entirety.
288 Rewritten to address provisions and procedures for state and city
contributions as to timeliness (175 & 185 monies within five days and city
quarterly) and actuarial funding over 40 years using tables adopted by the
board referencing FSS and IRS code.
289 Dclctcd in its entirety.
290 Rewritten to authorize board to control investments, hire managers, pay
managers form trust fund, have manager acknowledge fiduciary status and
vary from procedures in Chapters 175 & 185 FSS.
291 No Change
292 Authorizes board to purchase Insurance for board and trustees.
293 Deleted in its entirety.
294 No Change
295 Deletes reference to any optional benefit and added language to include
disability, death or survivor benefit and other remedies, including forfeiture
of benefits, provided by law.
October 1998 Page 4
279 (a) Provides disability benefits to anyone regardless of age or years of
service. Also some housekeeping changes (i.e.: salary-compensation) for
continuity.
(a)(I) Paragraph added to provided for fire and police presumptive diseases
contained in state law.
(b) Provides functional disability within benefit group rather broad language
of as a city employee. Also defined each benefit group.
(c) No Change
(d) Changed mandatory language to permissive concerning the requirement
of a period examination by physician or surgeon. Also, added that refusal to
submit to such exam will result in suspension of pension benefit until exam is
agreed too.
(e) Provide a 42% minimum disability pension benefit for fire and police.
(f) Clarifies intent of last sentence.
(g) Defines recovery from a disability as being able to perform duties within
benefit group belonged to at time of the granting of the disability benefit,
regardless whether re-employed by city or not.
(h) No Change
280 (a) No Change
(b) Deletes reference to medical director and removes requirement that the
city rehire disabled persons in commensurate positions. This provides
continuity with previous language -Sections 2-270(6)(7) and 2-279(b).
(c) Deletes reference to restoration of credited service. This provides
continuity with Section 2-274.
281 No Change
282 (1) and (2} Deletes reference to insurable interest. Makes it specific that
designated beneficiary is recipient of benefit.
(3) Deletes specific age reference, not allowed under laws prohibiting age
discrimination. Also, makes this option available to all members, not just
general employees.
October 1998 Page 3
(b)(6) Gives Executive and Department Head positions, whether hired into
or promoted to, the option of participating in the retirement system. Also
making election irrevocable while in the position.
(c) Defines termination of membership in the retirement system; terminating
employment with the city; ceasing employment in a position requiring at least
1,000 hours of work annually; or becoming employed in an excluded
position.
272 No Change
273 No Change
274 Requires payment for reinstatement of credited service when re-employed if
refund of contributions was received.
275 (a)(3) Provides that military service credit is not available for person who
received dishonorable discharge.
(a)(4) Provides that military service credit is not available for person who
has already received such credit in any other retirement system.
(a)(5) Requires payment for military service credit prior to individual's
retirement date.
276 (a)(1) Deletes deadlines for applying for retirement.
(a) (2) Defines retirement as working less than 1,000 hours per year,
consistent with employment after retirement provisions.
(c)(1) Allows reemployment without losing pension to positions requiring
less than 1,000 hours of work per year and 12 month waiting period for
restoration of benefits deleted.
(c)(2) Allows retired person to return to employment requiring 1,000 or
more hours of work per year to obtain credited service for such employment
but have curcent pension benefits suspended.
(c)(3) Deleted. Conflicts with new language in (1} & (2).
277 Deleted. Not in compliance with State law.
278 (a) Allows a person to remain a member until reaching normal retirement
age and service requirement when they will receive a pension calculated in 2-
276 & 2-281. Deleted specific age reference and required contributions to
be left in retirement system.
October 1998 Page 2
ATLANTIC BEACH EMPLOYEES' PENSION FUND
SUMMARY OF CHANGES TO PENSION CODE
Section Description
261 No Change
262 Clarifies definition of ret:~ant to satisfy conditions for receiving benefit.
263 No Change
264 Enhances Board of Trustees authority.
265 No Change
266 No Change
267 Changed from two to four year terms and established staggered terms.
268 Changed vacancy from five to three meetings missed.
269 No Change
270 (4) Corrected spelling of counsel.
(6) Deletes medical director and establishes Administrative manager. This
allows board to employ an Administrator.
(7) Authorizes medical professional and authorizes board to establish
procedures to hire and compensate professional services.
271 (b)(2) Provides a detailed definition that now permits exclusion of
managerial or professional employees working under a contract.
(b)(3) Deleted
(b)(4) Changed to (3)
(b)(4) Excludes from membership positions compensated on a basis not
subject to withholding of Federal Income Taxes or FICA taxes.
(b)(5) Excludes Temporary employees.
October 1998
Page I
L
,~ Agenda Item: ~_
' Date: f0-d(o-48
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
SUBJECT:
Change to Code of Ordinances; Article VI, Employee Benefits; Division 3, Retirement System
AGENDA ITEM:
Yes.
ACTION REQUESTED:
First reading of Ordinance updating Code of Ordinances as pertains to Retirement System.
DISCUSSION AND/OR BACKGROUND:
The attached Ordinance making changes to the City's Retirement System has been prepared by
the law firm of Sugarman & Susskind, and approved by the City's Pension Board.
As pensions aze a mandatory item for bargaining, these changes were provided to the City's three
labor unions on September 31, 1998.
SUBMITTED BY CITY PENSION BOARD:
John Fletcher, Chair
Robert Jackson, Chair Pro Tem
Tim Townsend, Member
Barry Shaw, Member
Cindy Anderson, Member
]im Jarboe, Secretary
FUNDING: In accordance with attached actuarial cost evaluation from Gabriel, Roeder, Smith
& Company (Arch 3), these changes will save Cit
REVIEWED BY CITY MANAGER:
Attachments: 1. Summary of Changes
2. Proposed Ordinance
3. Actuarial Cost Evaluation
4. Current Retirement System Code
. ~.
~F.L'TION 2. Any improvements to real property in residential districts permitted after
the effective date of this Ordinance and built in complianx with the lot coverage zequitemeats
set forth above which are subsequently damaged or destmyal by a catastrophe such as a hurri-
cane, flood, fire, and the like, may be rebuilt within the footprint which existed at the time of
said catastrophe. New building permits will be required.
SECTION 3. This Ordinance shall take effect immediately upon its fatal passage and
adoption.
PASSID by the Ciry Commission on first reading this day of ,
1998.
PASSID by the City Commission on second and final reading this day of
1998.
ATTEST:
MAUREEN ISITTG
Ciry Clerk
SUZANNE SIiAUGHNFSSY
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. 7FNSEN, ESQUIRE
City Attorney
••. .
78,;
ORDIN~TT[=E NO ~{ 0-98-110'1 `
. o =z~ -q8
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ZONING AND SUBDIVISION
REGULATIONS, SEC. 2417, DEFIlVTTIONS, AND SECS. 24-104,105,106
AND 107, RESIDENTIAL DISTRICTS, TO LIlKIT LOT COVERAGE IN
RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50°h), AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CTfY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The definition of lot coverage in Sec. 24-17 and Secs. 24-104(f)(1), 24-
105(f)(1), 24-lOb(f)(1) and 24-107(f)(1) of the Code of Ordinances of the City of Atlantic Beach,
Florida, aze hereby amended to read as follows:
"Sec. 24-17. Definitions.
Lot coverage shall mean the area of the lot covered by the ground floor
of all principal and accessory uses and structures, including ali areas covcrcd by
the roof of such uses and structures, measured along the exterior faces of the
walls, along the foundation wall line, between the exterior faces of Support
columns, from the center line of walls separating two (2) buildings or as a
combination of the foregoing, whichever produces the greatest total ground
coverage for such uses and structures. 7n all residential districts, lot coverage
shall also include all other impervious surfaces, such as driveways, patios, decks,
and the like. Impervious surface shall mean a surface, material or application
which substantially inhibits the percolation of surface water into the soil.
Sec. 24104(f)(1)
Maximum lot wverage: fifty percent (50%);
Sec. 24-105(f)(1)
Maximum lot coverage: fifty percent (50%);
Sec. 24-106(t)(1)
Maximum lot coverage: fifty percent (50%);
Sec. 24-307(f)(i)
Maximum lot coverage: fifty percent (50%);"
DATE: October 22, 1998
FROM: Billy M. Arzie
TO: David Thompson, Director of Public Safety
SUBJECT: Ordinance No. 95.899
VIA HAND DELIVERY
1. Reference Sec. 4-30(b) subparagraphs First, Second and Third OBense
2. Neither the existing ordinance nor the proposed changes to this ordinance have any time limits
between the First, Second and Third Offense. This will aeate a rather severe hardship for residents that
have lived in this city for 30 years or more. In the absents of any reasonable time limits a long time
resident could be faced with a Third Offense even "rf the Second Offense was 10 or more years ago. Many
people come to the city for a short period of time. They can run up three or more tickets during their
summer vacation and then move elsewhere.
3. As an example: Personally, I feel that there is a great deal of drfference in someone that gets three
traffic tickets within a year and one that gets three traffic tickets during a 30 year period of time. Doesn't the
state have a numbers system where a driver has their license suspended rf they get to many tickets during a
specfied period of time? And, after a specified period of time the older tickets no longer apply?
4. Just about everything in law has time limits. A aedft reporting company can only post poor credit
for over a certain period of time. A construction worker that does work on someone's home and doesn't ge[
paid can file a mechanic's lien. But, ff nothing is done about the lien within a year the lien is null and void.
Time limits also apply to bankruptcy and even to civil suits in the form of the statute of limitations.
5. Years ago B. J. Lester prepared a ticket for one of my dogs and incuded in the documentation that
there were five other tickets. During the first hearing in the county court the judge waived copies of all the
tickets in my face. During the Second hearing he waived copies of the same tickets in the face of the state
attorney. The state attorney dismissed the tcket in question after discovering that the tickets covered a
period of time of seven years and the time between tickets averaged 1.5 years.
6. And, last but not least, I would to share with you what I did to help contain my dog
First, I installed a six foot high chain link fence.
Second, I installed a two foot wide roll of chicken wire on the ground and tied it to the fence. The
grass grew through the chicken wire and could not be seen within a few weeks. This prevented the dog
from digging under the fence.
Third, I installed spring type hinges (butts) in all exterior swing doors. With the spring hirges the
door would automatically shut even after a grand child left the door open. This last item was most
successful. The hinges cost about 515 each end can be purchased from Soottt/s. They fit most exterior
doors without extra cutting and have the same screw hole pattern.
(16) A pet dealer may not knowingly misrepresent 828.41 Definitions.-As used inss.P2L -
~
the breed, sex, or health of any dog or cat offered for the term: ~
sale within the state. (1) "Animal enterprise' means:
(17) Except as otherwise provided in this chapter, a (a) A commercial or academk ent
person who violates any provision of this section tom- animals for food or fiber production, ~~ Forgery.
V
mils a misdemeanor of the first degree, punishable as research, or testing; tJllaring lorged insti
provided in s. 775.082 ors. 775.083. (b) A zoo, aquarium, circus, rodeo, a Evidonce in prose[,
w.,«w.--.. ,, m. e,-zs•: •. ,, m. vo,s•: •. Za, m. saaz,: ,. s, m. s,-n•: etitive animal event; or ~
P tedaifing.
: e. m vs ,a: •- ,zvo. m. m-,oz
Nob. Former s. 5854%; s. 928 L: s. 50.5.85.
(e) Any fair or similar event intended b F i or counterfr
~ ~ ~
agricultural arts and sciences. y sessron of reprod
828.30 Rabies vaccination of dogs and eats.- (2) "Physical disruption' does rwt ~ ,-Penalty for than[
(1) All dogs and cats 4 months of age or older must ful disruption that results from IavAul httruments of wr
be vaccinated by a licensed veterinarian against rabies mental, or animal enterprise employee ;Yarding goods or
with a United States Government-approved vaccine.
' disclosure of information about an ariirri
" - trademarks or se
Fkutious signature
The cost of vaccination must be borne by the animal
s (3)
Serious bodily injury means tam Forging bank bills c
~
owner. creates a substantial risk of death or .
~ :Possessing certain
(2) A dog or cal is exempt from vaccination against permanent disfigurement, or protracted ~d^9 forged bills
rabies if a licensed veterinarian has examined the ant- ment of the function of any bodily mertLer .,
6atOnd conviction ,
mat and has certified in wdting that at the time vaccines-
' (4) 'Economic damage' means the ?
Slinging into the st:
lion would endanger the animal
s health because of its costs of lost or damaged property or
- +:
fraudulently corm
age, infirmity, disability, illness, or other medical con- of repeating an interrupted or invalidatM - i,slrument
siderations. An exempt animal must be vaccinated and the loss of profits.
w .
Having in possessi,
against rabies as soon as its health permits. •,•rw.-:. ,o. a. 9s~,s -Nltaring uncunent l
(3) Upon vaccination against rabies, the licensed
veterinarian shall provide the animal's owner and the _
828.42 Animai enterprise disruption .
_. Cauntedeiting coin'
animal control authority with a rabies vaccination certifi- allies.- coins in Possess
ca[e which must contain at least the following informs- (t) A Person who intentionally causes ~ .Having lass than 1(
lion: ruption to the property, personnel, or session, with inte
(a) The license number of the administering veteri- animal enterprise by intentionally steafr+r~ Vldalion of s. 831.
ranter. or causing the loss of, any property, ,taking or posses:
(b) The name, address, and phone number of the or records, used by the animal enterprise
it
i
d ;, ng bills.
Making or having
veterinarian and owner. causes econom
amage, comm
s a
c ,
(c) The date of vaccination. third de nee, unishable as rovided A s
P - feiGng coin.
(d) The expiration date of the vaccination. 775.083 ors 775.084. -: Counterfeit bills ar.
(e) The species, age, sex, color, breed, weight, and (2) A Person who in the course of a
i
dil
i be seized.
forging or counter
name of the animal vaccinated. y
njuryfc
sect
on (1) causes serious lw
(f) The rabies vaccine manufacturer. mils a felony of the second degree,
i
i
7
8 ~ of examination.
Damaging bank bit
-
:
(g) The vaccine lot number and expiration date. v
3, ors.
ded
n s. 7
5.082, s. 775.0
b
m
A _
-
Inrpodng circulatio
j
(h) The type and brand of vaccine used. person who violates su
sec
9
(3)
i
l
i
l
i
i
d .
Msuirg shop bills s
(i) The route of administration of the vaccine. amage
o
at
on resu
ts
n econom
c
v
1
i
h
d
f ~
~ ~ erirgirg private bit!
(j) The signature or signature stamp al the 0,000, comm
e secon
ts a felony o
t
$ Ole state
licensed veterinarian. ishable as provided in s. 775.082, s. .
-
- GrcuWling any si
(4) Violation of this section is a civil infraction, pun- 775.084. -
ishable as provided in s. 828.27(2). (4) The offender must pay restiaamia
i ~' AncY-
~n9 notes
(5) This section does not prohibit or limit municipali• s rat
775.089. Restitution includes, but
i
- .
-Msking or having
tiesorcountiesfromenactingrequirementssimilartoor n0
(a) The reasonable cost of repeat for cauntedeitinc
more stringent than the provisions of this section for the mentation that was interrupted or in ."
~ BfiCalion cards
implementation and enforcement of rabies-control ordi- of the offense. .
, Maacinal drugs; fr
nances.
we,oq.-.. 2. a. w•.aa9: •. a. rn. 962A. (b) The loss of food production or
sonably attributable to the offense. ~ Cdunterteit control
nab.-Form., s. s9s.9s. wNOry.-.. ,,. a. ei,a. ufaclure, delivc
ktent to sell, rrce
828.40 Short title.-Sections 828.40-828.43 may 828.43 Injunction.-In a case d
be cited as the 'Florida Animal Enterprise Protection enterprise disruption, the aggdeved ~ foryary.-WhoeS
Act." may obtain injunctive relief. (;OUntMeits a publ
w.,w.-.. s. m. sa u. w.ron.-.. ,2. m. v>u ttMWfion of any c
, notary public
Aia00n 19 a matte
/Nlstation may be
,deed, will, te:
Meta d attorney,
sachange or prc
or mscharge for
1728
NOTICE
OF
ILLEGIBILITY
ILLEGIBILITY OF SOME OF
THESE DOCUMEtVTS IS DUE
TO THE POOR QUALfTY OF
THE ORIGINAL. THE FAULT
DOES NOT LIE WITH THE
CAMERA OR ITS OPERATOR.
.~~.
it--~-
^i ~ i~
^i ~~ i^
~L__J/
~~~i-
rn. nio-nn,o-r rw
T~W~puf
u rulT rW
(5) if a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the Time of the attack, the owner is not guilty of any crone specified under this section.
History.-
c. d, ch. 90-180; s. 4, cL. 93-13; s. 4, cL. 93-339.
767.14 Additional local restrictions nuthorized.-
Nothing inthis act shall limit any local government from placing further restrictions or
additional requirements on owners of dangerous dogs or developing procedures and criteria for
the implementation of this act, provided that no such regulation is specific to breed and that the
provisions of this act are not lessened by such additional regulations or requirements. This section
shall not apply to any local ordinance adopted prior to October 1, 1990.
History.-
s. 5, ch. 90.180.
7G7.15 Other provisions of chapter 767 not superseded.---
Nothing inthis act shall supersede chapter 767, Florida Statutes 1959.
History.-
x. G, cu.')0.180.
7G7.16 Bite by a police or sen•ice clog; exemption from quarnntine.-
Any dog that is owned, or the service of which is employed, by a.law enforcement agency, or
any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that
bites another animal or human is exempt from any quarantine requirement following such bite if
the dog has a current rabies vaccination that was administered by a licensed veterinarian.
~•)? ~ ~~.MI~1., ~. ,..._.: ti (. gtM.Tf! ~)):~ StlltlYR. ~Il'. t•~!
trauung procedure. Dogs engaged in tra'uting or exhibiting in legal sports such as obedience trials,
conformation shows, field trials, hunting/retrievinglrials, and herding trials are exempt from the
provisions of this act when engaged in any legal procedures. However, such dogs at all other
times in all other respects shall be subject to this and local laws. Dogs that have been classified as
dangerous shall not be used for hunting purposes.
(6) This section does not apply to dogs used by law enforcement officials for law enforcement
work.
(7) Any person who violates an}' provision of this section is guilty of a noncriminal infraction,
punishable by a fine not exceeding X500.
Historv.-
s. 3. clr. ~JO-1 S0; s. , ch. 9 ;-1 ?: s. ?, cL. 9-1- +39: s. 11;2 cL. 97- t D2.
767.13 Attack or bite by dangerous dog: penalties; confiscation; destructimr.-
(1) If adog that has previously been declared dangerous attacks or bites a person or a domestic '.
animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately
confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length
of time, or impounded and held for 10 business days after the owner is given written notification
under s. 767.]2, and thereafter destroyed in zn expeditious and humane manner. This 10-day tune
period shall allow the owner to request a hearing under s. 767.12. The owner shall be responsible
for payment of all boarding costs and other fees as may be required to humanely and safely keep
the animal during any appeal procedure.
(2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of
an}' human, the dog shall be immediate]}' confiscated by an animal control authority, placed in
quarantine, if necessary, for the proper length of time or held for ] 0 business days after the owner
is given written notification under s. 767.]2, and thereafter destroyed in an expeditious and
humane manner. This l0-day time period shall allow the owner to request a hearing under s.
767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be
required to humanely and safely keep the animal during any appeal procedure. In addition, if the
owner of the dog had prior knowledge of the dog's dangerous propensities, }•et demonstrated a
reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.. _
(3) If a dog that has previously been declared dangerous attacks and causes severe injury to or
death of any human, the owner is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 77S.U83, or s. 775-084. Tn addition, the dog shall be immediately confiscated by an
animal control authority, placed in quarantine, if necessary, for the proper length oftime or held
for 10 business days after the owner is given written notification under s. 767.]2, and thereafter
destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to
request a hearing under s. 767.12. The ovmer shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safe]}' keep the animal during any appeal
procedure.
{4) If the owner files a written appeal under s. 767.12 or tlus section, the dog must beheld and
may not be destroyed while the appeal is pending.
v •.' •i> _ . ~sl~i•:. , ', C.:,r_.::i.a. tir.::m.:. W.. l'iY•
(d) Once a dog is classified as a dangerous dog, the animal control authority shall provide
written notification to the owner by registered mail, certified hand delivery or service, and the
owner may file a written request for a healing in the county court to appeal the classification
within 10 business days after receipt of a written determination of dangerous dog classification
and must confine the dog in a securely fenced or enclosed azea pending a resolution of the appeal.
Each applicable local governing authority must establish appeal procedures that conform to this
paragraph.
(2) Within 14 days after a dog has been classified as dangerous by the animal control authority or
a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must
obtain a certificate of registration for the dog from the animal control authorit}' serving the area in
which he or she resides, and the certificate shall be renewed annually. Animal control authorities
are authorized to issue such certificates of registration, and renewals thereof, only to persons who
are at least 1 S years of age and ~vho present to the animal control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a
clearly visible warning sign at all entr}' points that informs both children and adults of the presence •
of a dangerous dog on the property.
(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
The appropriate governmental unit ma} impose an annual fee for the issuance of certificates of
registration required b}'this section.
(3) The owner shall immediately notifj• the appropriate animal control authority when a dog that
has been classified as dangerous:
(a) Is loose or unconfined.
(b) Ilas bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address,
and telephone number of the ne~v o~rner to the animal control authority. The new owner must
cor:ply with all of the requirements of this act and implementing local ordinances, even if the
animal is moved from one local jurisdiction to another within the state. The animal control officer
must be notified by the ovmer of a dog classified as dangerous that the dog is in his or her -
jtlrisdiction.
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restraimed by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration but will prevent it from biting any person or
animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have
a top, without a muzzle or leash, if the dog remains within his or her sight and only members of
the immediate household or persons 18 years of age or older are allowed in the enclosure when
the dog is present. When being transported, such dogs must be safely and securely restrained
within a vehicle.
(5) Hunting dogs are exempt from the provisions of this acl when engaged in any legal hunt or
lyvi Iori,Ia SCrtnt3 ;i',mr~raa U.rta $)~=nu.lrm. 1997
(5) "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city, county,
or state. In those azeas not served by an animal control authorit}', the sheriff shall carry out the
duties of the animal control authorit}' under this act.
(G) "Animal control officer" means an}' individual employed, contracted with, or appointed by the
animal control authority for the purpose of aiding in the enforcement of this act or an}' other law
or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment
of animals and includes any state or local law enforcement officer or other employee whose duties
in whole or in part include assignments that involve the seizure and impoundment of an}' animal.
(7) "Owner" means any person, Earn, corporation, or organization possess"mg, harboring,
keeping, or having control or custody of an animal or, if the animal is owned by a person under
the age of 18, that person's parent or guardian.
Histon'.-
>. ~. c6.9U-1 ti0: s. ?. d~. 9i- I ±; :. l I >G, di. J7-102.
',G7.12 Clnssi(icntion of dogs ns dangerous; certification of re;ish•ation; notice and hearing
requirements; confinement of animal: exemption; appeals; unlao•ful acts.-
(1) (a) An animal control authority shall investigate reported incidents involving an}' dog that may
be dangerous and shall, if possible, in[en'iew the owner and require a sworn affidavit from any
person, including an}' animal control officer or enforcement officer, desiring to have a dog
classified as dangerous. An}' anural that is the subject of a dangerous dog investigation, that is not
impounded with the animal control authorit}', shall be humanely and safel}' confined b}' the owner
in a secure]}' fenced or enclosed area pending the outcome of the investigation and resolution of
any hearings related to the dangerous dog classification. The address of where the animal resides
shall be provided to the animal control authority. No dog that is the subject of a dangerous dog
im'estigation ma}' be relocated or ownership transferred pending the outcome of an im'estigation
or an}' hearings related to the determination of a dangerous dog classification. Inthe event that a
dog is to be destro}'ed, the dog shall not be relocated or ownership transferred.
(b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a
person who, at the tune, vas unlawfully' on the property' or, while lawfully on the property, was
tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be
declared dangerous if the dog vas protecting or defending a human being within the im,-nediate
vicinity of the dog from an unjustified attack or assault.
(c) After the im'estigation, the animal control authority shall make an initial detemunation as to
whether there is sufficient cause io class'ify the dog as dangerous and shall afford the owner an
opportunity for a hearing prior to making a final determination. The animal control authority shall
provide written notification of the sufficient cause finding, to the owner, by xegistered mail,
certified hand delivery, or service in conformance with the provisions of chapter 48 relating to
service of process. The owner may file a written request for a hearing within 7 calendaz days from
the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing
shall be held as soon as possible, but not more than 2l calendar days and no sooner than 5 days
after receipt of the request from the o~mer. Each applicable local governing authority shall
establish hearing procedures that conform to this paragraph.
~;~~,~,'~ja ,ffnfe Statu~"e
767.07 Intcrpretation.-
Section 767.05 is supplemental to all other laws relating to dogs not expressulty r~fe oe`d ion of
therein and shall not be construed to modify, repeal, or in any way affect any p P
any such laws not expressly repealed therein or to prevent municipalities from prohibiting,'
licensing, or regulating the funning at large of dogs within their respective limits by law or
ordinance no~v or hereafter provided.
Hlstory.-
~. z. ch. 79-~ 15.
767.10 Legislative findings.-
TheLegislature finds that dangerous dogs are an increasingly serious and widespread threat to
the safety and vti'elfare of the people of this state because of unprovoked attacks which cause
injury to persons an~.d4mestic animals; that such attacks aze in part attributable to the failure of
owners to confine and properly train and control the"u dogs; that existing laws inadequately
address this growing pFoblem; and that it is appropriate and necessary to impose uniform ;
requirements for the owners of dangerous dogs.
Histor,'.-
s. I, cL. 90-180. '
767.1) De(initions.-
As used in this act, unless the context clearly requires otherwise:
(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:
(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury ot~ a human
being on public or private property; - -
(b) Has more than once severely injured or killed a domestic animal while offthe o~vrrers
property; o htin~ or is a dog trained for dog
(c) Has been used primarily or in part for the purpose of doo fig o
fighting; or
(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are
attested to in a s~vom statement by one or more persons and dutrfully investigated by the
appropriate authority. o elf or herself peacefully
(2) "Unprovoked" means that the victim who has been conducting lrirrLs
and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(3) "Severe injury" means any physical injury that results in broken bones, multiple bites, or
disLguring lacerations requiring sutures or reconstructive surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the ovmei s property, a dangerous
dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such pen
or structure shall have secure sides and a secure top to prevent the dog from escaping over,
under, or through the structure and shall also provide protection from the elements.
Ordinance No. 95-89-69
commission of a violation under this article.
Section 2: This ordinance shall take effect immediately upon its final passage
and adoption.
PASSED by the City Commission on first reading this day of
1998.
PASSED by the City Commission on second and final reading this day of
1998.
SUZANNE SHAiJGHNESSY
Mayor/Presiding Officer
ATTEST:
MAUREEN KING,
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Note: New language indicated by underline ( 1
Eliminated language indicated by strikeout ( )
Attachment -Florida State Statute 767.11
Revision or September 23,1998
Ordinance No. 95-89-69
State law reference(s)--Authority of state department of health and rehabilitative
services to ~d;,pt rules regulating quazantine or destruction of domestic pets or wild
animals infected with rabies, F.S. § 381.031(1)(8)1.
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager
shall have the authority to issue citations to those people whose pets are found to be in
violation of this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
First Offense:
Twenty-five dollars ($25.00) for the first offense:
... if not paid within 14 days. fine goes to $50.00
... if not paid within 30 days a Code Enforcement hearing would be required that
could result in a fine of up to $250.00 ger day'
Second Offense:
fortq-doHars--($46~0) one hundred dollars ($100 00) for the second offense:
..if not paid in 14 davs, fine noes to SISG.00;
if not paid within 30 davs a Code Enforcement hearing would be required that
could result in a fine of up to 5250.00 per day;
Third Offense•
seventq=five~ollars{-forthc third-and snbsequem-offenscstaclrand-every
occasion whereina-citation-irissue~ third offense and subsequent offenses would require
a mandatory appearance before the Code Enforcement Boazd.
c) A five dollar_($5) surcharge shall be assessed and collected upon each civil venal
imoosed for violation of an ordinance relatin_R to animal control or cruelty as authorized by
828 27 Florida Statutes. The proceeds from such surcharge shall be used only to assist in
Having for the costs of training for animal control officers in accordance with the
requirements of 828.27 of the Florida Statutes. Said civil penalty shall be paid to the Citv
of Atlantic Beach
dl The animal control officer shall have the authority to cite the owner or anv person
havin cg ustody of an animal for a violation of this article when and only when: (Il the
officer has received from an adult wifiess a sworn affidavit attesting to the animal having
committed a violation pursuant to this article• or (21 the animal control officer or other
person dui authorized to enforce the provisions under this chapter has witnessed the
Ordinance No. 95-89-69
container and depositing the defecation in a trash container When walking a doe or cat
on any property within the City other than the owner's property the owner of that dog or
cat shall cam some sort of material utensil or suitable container with which to dispose of
the defecation.
_ State law reference(s)--Damage by dogs, F.S. Ch. 767.
Sec. 4-27. Disturbing the peace.
(a) It shall be unlawful for any person, whether owner, or anyone having charge,
custody or control thereof, to keep any dogs or cats within the limits of the city which bazk
or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city
unless otherwise provided by state law.
(b) Any animal or-fowl which persistently makes noises for an hour or longer and
annoys citizens of the city shall be declazed a nuisance under this chapter.
Sec. 4-28. Vicious dog - (Refer to Sec. 4-10)
Sec. 4-29. Rabies suspected. Reference F S S and Health Department 381.03(1
-~aj~fa-dog~r-cat-is~uspec!ed-of having-rabies,-orhas-been-bitten-bya-dog-orcat
suspected of havingrabies~ach dog-or zat-shall-he-coafmcd-1>y`a-chain-orrt}-e-owner's
premiscsand-thcfiumanesociety or-}iccnsed-vet ~ rnrce~lre-dog-or-cat
shall-then benmoved to-theproperplacef'orobservation for aperiodrofT<vm(2) weeksat
the expense-ofthtowner-
-(b)~f anypersorr-isscratched ur-bitten-by a dog-or cacwithirrthe-corporate-limitsbfth
citptken-it~hal}~ccomc the-dutyrof thepcrson-orthe mvntr-af thcdogror-eatwidr
irnow}edgethercof~o TCport-the incident-to-thep ~ -
hours-thereafter.
--{cj~mY animal-reported-to-havtbitten aperson-an _
such-pcriodvftimc andplacc-as-may-bc~lcsign
testingthe dog-for~isease-Arry-animal-snspectedvf-hcing-ir~feeted w'-th
raY,icrsha}}~c-rc} o th
analystrby-a-}icerrsed-veterinarian.-No-liability-for compensatiorrto-them+vrer ofthe
arrimai~hall attach-to-the citq-byvirhicofar~procednrtin this-article-bq-the-city
manager. ill-costs-in~onnection-withthis section-shall-befiornefiythe-owntr'vf the
animal-
Ordinance No. 95-89-69
Sec. 4-24. Running at large.
It shall be unlawful for the owner of any dog or cat to penrut or allow the dog or cat to
commit a nuisance or to be found running at large on any of the public streets, parks,
playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked
up by the city or the designated authorized agent of the city and placed in a shelter for a
period of not less than three (3) days nor more than seven (7) days, except the animal may
be released sooner upon proper identification and compliance with the registration
requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus
an additional $7.00 per day for the redemption of said animal. The registration fee for
unregistered dogs or cats that have been picked up shall be double the fee in effect on the
date the dog or cat is picked up.
Sec. 4-25. Leashing.
~ -~lo dog muzz}ed; unmualed-orinoculated-agair~sri'a
pYaccs-such~sstrects,-parks,-plaYgrounds,~lleyr, vacarn-lots--ctc ;-thrbcaclr ornpon
propcrtybthe:-than-that of-itrowner No dog shall be allowed off the pronertv of its
owner unless the dog is fastened to a suitable leash of dependable strength not to exceed
twelve (12) feet in length. Such leash must be attached to a fixed obiect or specifically
held ~ a person capable of controlling the animal. On Atlantic Beach if dog and owner
are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then
immediately put back on the leash before returning to the beach. This does not include
walking the dog in the water.
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in chazge of
any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of
another and damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having chazge
of or control of the dog or cat violating the terms and provisions of this article.
{c) It shall be a violation for any owner of a doh or cat to allow such dog or cat to
defecate on anv nrooerty within the city other than the owner's private orooerty without
immediately removing such defecation with some sort of material, utensil, or suitable
Ordinance No. 95-89-69
feral animal accepts the role as the animal's owner As such the person is responsible for
compliance with all local and state laws The onlyexception to this is registered
~anizations who offer temporary caze for stray animals.
Vaccination against rabies shall mean the proper administration of anti-rabies
inoculation or vaccination by a veterinazian licensed by the state board of veterinary
medicine.
Sec. 4-22. Registration and tagging required.
(a) No dogs or cats shall be owned or kept in the city unless properly registered and
tagged as provided in this section.
(b) No person shall be allowed to keep any dog over four (4) months of age or cat over
four (4) months of age in the city unless the person shall fust register the animal at City
Hal] in Atlantic Beach and purchase a permanent nontransferable identification tag for each
animal in the following sums:
(1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered.
(2) Fifteen dollaz ($15.00) fee for dogs or cats which have not been spayed or neutered
(upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee).
(c) Tags lost or stolen can be re-issued at City Hall for one dollaz ($ 1.00).
Registration tags shall be bought at City Hall immediately upon acquisition of an animal.
Rabies vaccinations shall be updated every twelve (12) months for all animals over four
(4) months of age. Both city and rabies tags shall be on the animal at all times when the
animal is off the owners property.
(d) Anyone who takes an animal on the beach must have an Atlantic Beach tag on said
animal.
Sec. 4-23. Impoundment for unregistered doEs and cats.
Any unregistered dog or cat found in the city shall be picked up by the city or the
designated authorized agent of the city and placed in a shelter for a period of not less than
three (3) days nor more than seven (7) days, except the animal may be released sooner
upon identification and compliance with the registration requirements contained herein,
and upon the payment of a twenty dollar ($20.00) fee plus an additional $7.00 per day for
the redemption of said animal. The registration fee for unregistered dogs or cats that have
been picked up shall be double the fee in effect on the date the dog or cat is picked up.
i
Ordinance No. 95-89-69
4, but shall be subject to the provisions of Chapter lOD-3, Florida Administrative Code;
c. Every application for annual license for a pet potbellied pig shall be
accompanied by written certification from a licensed veterinarian that such pig is spayed
or neutered and was, within thirty (30) days before such application is made, in
compliance with this section's age, weight and height provisions;
d. Every application for annual license for a pet potbellied pig shall be
accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and
shall be, for as long as it is owned by such applicant and regulated under this part, the sole
pet potbellied pig owned or kept in such applicant's household;
e. Before application for annual license for a pet potbellied pig is made, the
owner of such pig shall allow the animal control officer a reasonable and timely
opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant
to subsection (1) above for the purpose of ascertaining that such pig is a true miniature
Vietnamese potbellied pig; and
f The animal control officer shall have the authority to refuse application for
annual license for any pig which it deems not to be identifiable as a true miniature
Vietnamese potbellied pig.
(6) No potbellied pig regulated by the provisions of this part shall be maintained or
used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig
by use, sale, trade or gift of such pig as a food source or as a research animal, but shall
dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by
surrender to the animal control officer or to the Jacksonville Humane Society, or by
humane euthanasia to be administered by the animal control officer, the Jacksonville
Humane Society, or a licensed veterinarian. Failure to comply with any provision of this
section shall constitute an offense punishable by a fine of five hundred dollars (5500.00).
(7) All ordinance Code provisions and all Florida State Statutes which pertain to
cnielty to or humane treatment of animals and which are not superseded by any specific
provision of this part shall apply to the ownership of pet potbellied pigs as regulated under
this part.
Sec. 4-8. Reserved.
Sec. 4-9. Injuries caused by animals.
Ordinance No. 95-89-69
providing human companionship and which is in compliance with all other applicable
provisions of this Code. Miniatwe Vietnamese potbellied pigs may be kept as household
pets under the following conditions:
(1) Ownership of a pig or other swine animal as a household pet is prohibited, except
if such animal is a pwebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no
younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125)
pounds, measwes no more than twenty-two (22) inches in height to be measwed to the top
of a front shoulder, is spayed or neutered, is registered with a pwebred registry which is
recognized as bona fide by the animal control officer and is kept as a household pet for the
sole purpose of providing human companionship. Ownership of such an excepted pig,
hereinafter "pet potbellied pig," shall be regulated by the provisions of this part.
(2) No household shall own or keep more than one (1) pet potbellied pig.
(3) Every pet potbellied pig shall be maintained primarily within the residence of its
owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be
exercised from time to time within a secwely fenced encloswe on the owner s residential
properly or while under the secwe physical control of the owner, or other custodian, by
means of secwe leash, chain or chord. Pwsuant to section 4-24, which is hereby made
applicable to this part, no pet potbellied pig shall run at lazge.
(4) No pet potbellied pig shall be starved or otherwise deprived of healthful
sustenance appropriate for its species and particular natwe. Depriving a pet potbellied pig
of healthful sustenance for any purpose, to include the purpose of stunting its growth of
having it conform to the weight or height provisions in subsection (1) above, shall not
constitute an exception to this provision. Violation of this provision shall constitute an
offense punishable by a fine of five hundred dollars ($500.00).
(5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties,
fees and time frames, and which are not superseded by specific provisions of this part, aze
hereby declared to pertain to pet potbellied pigs, as defined and regulated under this
chapter, with the following provisions:
a. There shall be no required annual inoculation against rabies for such pigs, but
written certification by a licensed veterinarian shall be submitted as part of every
application for annual license for a pet potbellied pig as proof that such pig has, within
thirty (30) full business days before such application, been inoculated against and/or been
blood-tested, with negative results, for pseudorabies and for brucellosis;
b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter
Ordinance No. 95-89-69
(b) It shah be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner
any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or
similaz birds aze found to be congregating in such numbers in a particular locality that they
constitute a nuisance or a menace to health or property, in the opinion of the proper health
authorities of the city, then the health authorities shall meet with representatives of the
Audubon Society, bird club, gazden club or humane society, or as many of the clubs as are
found to exist in the city, afrer having given at least three (3) days' actual notice of the
time and place of the meeting to the representatives of the clubs.
(c) If as a result of the meeting no satisfactory alternative is found to abate the
nuisance, then the birds may be destroyed in such number and in such manner as is
deemed advisable by the health authorities under the supervision of the chief of police of
the city.
Sec. 4-5. Cruelty to animals.
(a) It shall be unlawful for any person to overload, overdrive, torture, torment or
deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate
or kill any animal or cause or permit either of such offenses to be comrnitted.
(b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or
injure any animal which is the property of another or willfully and maliciously °dminister
poison to any anima] or expose any poisonous substance with intent that the same shall be
taken and swallowed by any animal which is the property of another.
(c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon
any animal within the limits of the city.
State law reference(s)--Cruelty to animals, F.S. Ch. 828.
Sec. 4-6. Reserved.
Sec. 4-7. Keeping or maintaining certain anunals in the city.
(a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle,
chickens, poultry, or goats in the city, except for in special events, as approved by the city
manager.
(b) It shall be unlawful for any person to keep a hog or hogs upon any property or
premises located within the limits of the city, with the sole exception of a bona fide,
purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of
ORDINANCE NO. 95-98-69
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS
ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES
AND PROVIDING AN EFFECTIVE DATE
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
Section I: Chapter 4, Animals, Articles I and II, of the Code of Ordinances of
the City of Atlantic Beach, Florida is hereby amended to read as follows:
Chapter 4
ANIMALS
ARTICLE I. IN GENERAL
Sec. 4-I. Animal control enforcement.
The provisions of this chapter shall be enforced by the animal control officer(s), police
officer(s), and code enforcement officer(s) of the city.
Sec. 4-2. Interfering with officers.
No person shall interfere with, resist, or hinder any animal control officer, police
officer, or code enforcement officer in the performance of any duty requued by the
provisions of this chapter.
Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of;
removal of animals.
No person shall break open or assist in the breaking open of any of the fences, gates,
fastenings or enclosures of the animal shelter or impounding vehicles and no
unauthorized person shall remove or let loose any animal from the shelter or impounding
vehicles.
Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds
prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird sanctuary.
7A
~o..- 26 -`T8
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
;.ECOMMENDATION
ATTACHMENTS:
REVIEWED BY CITY MA
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Animal Control Ordinance
,~.i
David E. Thompson, Director of Public Safety
October 19, 1998
Regarding the wording of Section 4-29 in the proposed ordinance,
the following wording may be more appropriate:
"Suspected rabies cases will be handled according to the Health
Code as established by the State Department of Environmental
Health (authorized by F.S.S. 38].006)."
This previous statute number cited in the proposal, 381.03(1) , is
not correct.
We recommend that this change be inserted into the proposed
ordinance.
NnNF
AGENDA ITEM NUMBER:
AGENDA ITEM NO:~
DATE: to-~b-98
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: BID NO. 9798-37
POLYMER
SUBMITTED BY: Robert S. Kosoy/Director of Public Works
Tim N. Townsend/Utility Plant Division Director
DATE: October 15, 1998
BACKGROUND: The City's annual bid for polymer was opened to all qualified
bidders. The bid required a specific type of polymer with a
minimum charge and weight and required the successful
bidder to furnish a Certificate of Analysis.
We had 6 bidders. Due to time constraints, several bidders
were unable to perform field testing of their polymer to
determine whether they could meet the performance
specifications. We would like to reject all bids and re-write
the specification to allow vendors approximately two months
after the bid advertisement to complete the performance
tests at the treatment facility.
RECOMMENDATION: Reject all bids and re-bid contract with a two month time
frame to allow vendors to comply with field testing
requirements.
ATTACHMENTS: Bid Specifications
Tabulation of Bids
Bid Submittals on file with the City Clerk
REVIEWED BY CITY
Stephen A. Kuti
1132 Linkside Drive
Atlantic Beark, FL 32233
Te1.• 904~24~3700
e-mail: oregcigan}~nao%com
October 26, 1998
City of Atlantic Beach
City Commissioners
800 Seminole Road
Atlantic Beach, FI. 32233
Re: Lifeguard Vehicle Upgrade
'78 JEEP CJ 7
Madam Mayor, Commissioners;
Our City has a contract with "BEACH BUG(;/F.S "to build a vehicle from
;frame to completion", designed "for the type of abuse, the vehicle will encounter over
it's lifetime ",which is normal use for beach patrol.
Recently, Beach Buggy contacted the City and recommended adding the
following:
1. Ceramic coat the HEADF_RS
2. Dua! catalytic converters
3. Nerf bars (to prevent .sliding upon entering
4. Lockinggascap
5. Powdercoal all jour (4) wheels
6. Locking hood
7. Custom built storage rack
8. Front bumper appliques
9. Powdercoat frames
10. Tri-stage paint (Original paint was ro be for Standard Paint)
1. Remote -controlled spot light
S 239
I50
/29
12
255
27
350
89
800
800
SO
Total:
/.ahor is provided FRF,'F. according to Beach Buggy.
estions:
a. Why are we .spending __ dollars on a '78 Jeep?
b. Why were these adders omitted from the origins! price ?
c. How marry years will be added with these additions ?
3 2901
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Page al Pages ~~~ ~
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BEACH BUGGIES & 4X4's
"THE JEEP SPECIALISTS"
20 Donner Road ~
ATLANTIC BEACH, FL 32233 ~~.L.~1 ~.~_„1..:_,ti`~
(904) 242.0392
NAME aw.~sra.u i.:-r.~.~. i-~-. ~_ PHONES-. -i.. ~._ . =m~u ._rOATEs_ _
STREET UTY
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P.EG'BTRATION NO SERIAL NO OOOIAET'cR ESTIMATE PREPARED BY
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work has been started. Occasionally, worn or damaged pans are I
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Because of this, the above prices are not guaranteed. Ovotatlons
TOTAL REFINISH ............... S
on parts and labor are current and sub;ect to change. I
TOTAL SUBLET ................ S
AUTHORIZATION FOR REPAIR. You are hereby authorized to
make the above repairs: TAX .......................... S _
'. SIGNED:
TOTAL ....................... $
DATE-
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Page of Pages
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1093
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BEACH BUGGIES & 4X4's
"THE JEEP SPECIALISTS"
20 Donner Road
ATLANTIC BEACH, fL 32233
(904) 242.0392
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work has been started. Occasionally, worn or damaged parts are
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Because of this. the above prices are not guaranteed. Quotations
L REFINISH
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on parts and labor are current and subject to change. .............
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TOTAL SUBLET ............... .5
AUTHORIZATION FOR REPAIR. You are hereby authorized to
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TOTAL ...................... . $
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(904) 242.0392
NAME zw~ PRONE DATE
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work has been started. Occasionally, worn or damaged parts are
discovered which may not be evident on the Lrst inspection. TOTAL LABOR .......... ....... S
Because Ot this, the abOVe priCeS afe nOt guaranteed. OuotatiOnS
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TOTAL REFINISH
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on parts and labor are current and subject to change. ........ .......
AUTHORIZATION FOR REPAIR. You are hereby authorized to TOTAL SUBLET .......... ...... S
make the above repairs. TAX . S
that will allow the vehicle to carry equipment that is often left at the
station or carved by hand. Cost $350
8. Front Bumper Appliques: These will protect the front bumper
from being "sandblasted" while driving on the beach, leading to
rust. Cost $89
9. Powdercoating for Frames and all Accessories: After research, it
was established that powdercoating was clearly superior to standard
paints for rust prevention. To withstand marine elements, this
process was recommended. Cost $800
10. The original estimate for painting was for a standard paint job.
However, the builder has recommended a "tri stage" paint job that
includes three (3) extra clear coats to protect it. Cost $800
Note: Beach Buggies will provide all labor without charge relative
to these additional items.
Total Costs: $2,722
The funding source will come from Capital Project money in the
1998-99 lifeguard budget.
Recommendation: We recommend that approval of the additional items listed above.
Attachments: Itemized list from Beach Buggies and 4X4
REVIEWED BY CITY
AGENDA ITEM NUMBER:
3C
CITY OF ATLANTIC BEACA
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: LIFEGUARD VEHICLE UPGRADES
SUBMITTED BY: David E. Thompsonson Director of Public Safety
LA i E: October 19, 1998
BACKGROUND: In March of 1998, the City Commission approved the funding for
the purchase of a vehicle for the lifeguards. This vehicle was to be
purchascd through Beach Buggies and 4X4's in Atlantic Beach, and
it would essentially be built and designed for the type of abuse that
is normal for beach patrol operations. It included numerous
upgrades to resist the salt and sand that the vehicle will encounter
over its lifetime.
Since the process included building the vehicle from the frame to
completion, the vehicle is only now approaching completion.
Before the finishing touches are completed, the builder recommends
a variety of upgrades to further protect it from future damage.
Each item and the associated costs will be discussed below:
l . Ceramic Coat Hedders: If they are not protected, they will
rust. Normal paints will not withstand the temperatures, and the
ceramic coats will protect them for many years; Cost $239
2. Duai Catalytic Converters: To assure compliance with all
emission regulations, the additional costs will be about $150.
3. Nerf Bars: These will improve safety for everyone entering or
exiting the vehicle. These will fill the space so that feet do not slip
through spaces where they are stepping in and out. Cost $129
4. Locking Gas CaF Cost $12
5. Locking hood Cost $2?
6. Powdercoat all 4 Wheels: Paint will not protect the wheels from
rust under beach conditions. This process will protect them much
better. Cost $255
7. Custom Built Storage Rack: This rack was designed by the
builder in conjunction with the Lifeguard Chief. It is a metal rack
~- ,.:
City of Atlantic Beach
City Commission Meeting
Staff Report
Page 2
The following language is suggested by the City Attomey to be included in the long term rental
contracts for public facilities as a requirement for standard insurance and hold harmless language,
as requested by the Commission at the September 14 meeting:
" (name of organization) agrees to indemnify and hold harmless
the City of Atlantic Beach from any and all liability, defense costs, including other
fees, loss or damage which the City of Atlantic Beach may suffer as a result of
claims, demands, costs of judgements against it, arising from all activities engaged
in by (name of organization) in its use of the following public
facility:
"In addition, (name of organization) agrees to provide to the City
of Atlantic Beach a certificate of insurance naming the City of Atlantic Beach as a
additional insured in an amount of no less than the maximum exposure of the City of
Atlantic Beach."
RECOMMENDATIONS:
(])Approval of suggested additions made by City Attorney and authorize the City
Manager to sign the amended long term rental contracts for public facilities to include:
Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach
Athletic Association.
OR
(2) Approval of "hold harmless" addition made by the City Attorney and authorize the
City Manager to sign the amended long term rental contracts for public facilities to
include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and
Atlantic Beach Athletic Association.
ATTACHMENT: Suggested language change memorandum from the City Attorney.
REVIER'ED BY CITY MANAGER: ~ M1'
P,
AGENDA ITEM:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Discussion and action on long term rental contract for public
facilities
SUBMITTED BY: George Foster, Human Resource Manager
Timmy Johnson, Recreation Director
DATE: October 20, 1998
BACKGROUND: On November 25, 1996, the City Commission approved a standazd
long term rental contract for public facilities. There is nothing within the current contract that
would require non-City organizations provide proof of liability and property insurance. Non-City
organizations that are requesting a long term rental contract include: Acting Up, YMCA, ABET,
Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association.
Contracts with these organizations are up for renewal and we recommend that the City Attorney
include within the contract a "standard" insurance clause for liability, property and "hold
harmless." Without such requirements the City may be liable for the actions of the non-City
organizations. After speaking with the organizations, providing additional insurance would bring
a financial hardship on half of the organizations (ABET, ABAA, Sea Turtle Patrol). However, all
of the Organizations aze inclined to agree to the "hold harmless" language.
The City's Liability Insurance Company has advised that:
"Both documents, the Hold Harmless and Certificate of Insurance, are required since the
certificate is merely evidence that the other party has insurance. This is not a legal
contract. Without these documents, you might find yourself financially responsible for the
acts of others."
"I'he certificate will only protect the named insured and additional named insured for the
conditions and limits provided in the insurance policy obtained by the "Second Party".
You would not be protected if the limits are not sufficient, the coverage is inadequate, the
coverage is excluded under their contract, or for some reason, their policy of insurance
was canceled. In that event, you would have to rely on the Hold Harmless Ageement.
But without the Hold Harmless Agreement, you would then have to defend and pay any
possible judgements."
i
6. I have not heard of any support for this suggestion from the
people living on or near Beach Avenue, and they are the people that
will receive the most inconvenience from this plan;
7. The logistics of blocking off about twenty (20) intersections to
prohibit traffic, while leaving sufficient room for local residents to
have ingress and egress, will require considerable city resources;
8. The roduction of access to those areas will reduce response
times for emergency services including Police, Fire, and Rescue
vehicles;
9. If we propose limiting the roadway to vehicular traffic for
residents only, then we would have to question the restrictions
based on equal rights of citizens to use a public street, and we could
anticipate additional requests from other subdivisions that would all
like to restrict the flow of vehicles and people through "their"
neighborhoods.
10. Beach Avenue was recently resurfaced at considerable
inconvenience and expense, and the suggestion to resurface it
would result in considerable criticism.
RECOMMENDATIONS: The Department of Public Safety re~mmends that we do not
change the existing usage of Beach Avenue.
ATTACHMENTS: NONE
REVIEWED BY CITY MANAGER:
-~~.
AGENDA ITEM NUMBER:
,~
3A
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: BEACH AVENUE PROPOSAL
SUBMITTED BY: David E. Thompso rte, birector of Public Safety
DATE: October ] 9. 1998
BACKGROUND: At a previous City Commission meeting, a suggestion was received
from a citizen to close down Beach Avenue, between the Sea Turtle
and 20th Street, to vehicular traffic, including resurfacing the
roadway. This would, in effect, recognize Beach Avenue as a
recreational area or park. It was suggested that Atlantic Beach
could do something similar to what Neptune Beach has done along
1st Street in their city.
Although there were many details that were not discussed as to
how this would be accomplished, there are several immediate areas
of concern relative to this proposal:
] . This will channel traffic onto Ocean Blvd. and other roadways,
increasing the traffic volume on nearby streets;
2. This will create a problem relative to residents on Beach Avenue
trying to travel to and from their homes... they will need some
ongoing access to their homes including vehicular transportation; (I
can't imagine that we would be completely prohibiting vehicles
from the use of the streets.)
3. This will encourage citizens and non-citizens to "play in the
street", which creates unnecessary hazards and dangers; (It may
reduce the number of vehicles on Beach Avenue, but unless there is
a total prohibition of all vehicles, there are still going to be
vehicular traffic mixing with the pedestrians.)
4. Some of the recreational activities may actually violate State
Laws that prohibit some activities on the roadways;
5. The changes in traffic patterns will create problems with traffic
flow, especially in areas where public parking is available (18th and
19th Street in particular);
FROM The Leader PFIOtJE tJD. :
OFFiIk ut ,rz wvw,
83/28/1998 15:44 859-41x-2618
OCT. 13 1998 11:59NM P6
Honorable Macula fi. Godbold. 7r-
Mayor ofBaldwin
!0 U.S. 90 west
Baldwin, Florida 32234
DearMayorGodbold;
"tae Exccutve Office of the Governor taogaius the Tocm of Haldwia as ellgfbla to receive
steon rsvenue sharing. Haldwia, Flodda meets all the statuluds fot incorporation otnlined•in
Chaptu 165.Oti1 of the Florida Staattes- Baldwin inrotporaxd is 1876 and the 1997 Official
Florida Estimate of population is 1,565. .
If I can be of Earthen assistance. please call tae al (SStI) 922-3146.
S'tnccely.d6~~
xathy Reeves
Executive Office of the Governor
na
~-,an~~ ,
Le ~.e, c 6Qlc>•i~.J~,rl
,(~ e9u.es ~ ecrQ
r~
gsa-qua-s~y~
FROM 7tie Leader PHOfF_ M0. OCi. 13 1998 11:57GY9 P3
t ^r lg: y i ~FF!CE f~F tL_{1 f-=Ylli f. IS. __ PaGS 2/ .
~ ~ ~ -'' 1 O • 30 16 579 7 1 0
AUG-17-`JB t L : 1 l FgOTt =CSN505 CEOCstav HY; ` UN17EQ SATES DEp'-~Q7iYlEWi' a` CQM!4f1ERC;
' i ~ Btcraan ofi irli Cana:+s
. ~~ ws+Mng:x. aG 2023yCC01
o~~/.
rl;C 1 2 1~9
The Honorable Marvin Godbold
Bdayor, Town of $aldwia
10 U.S. Highway 90
Baldvain, FL 52234
Dear lld-ayor Godbold:
Thank yea for your letter regarding the classi$cations of the town of
1; lorida ss
Baldwin. The Census Bureau ciessrfies the town of ]3aldwin,
being part of the central city of the Jacksonville, Florida Metropolitan
Statistical Area (MSAI- The OfSte of Management and Budget (OD48)
d¢si~ciat,•d the city of Jacksonville as the Central city of the acksoaal~le,
Florida 1~3SA. According to the ;nfortnation prooided ~antzlly is ~0_au.
- Jaclsonville sty and TJirval County ecrts'olidated gav
• The Census Bureau considers Jarksoavillo city to cover the entire area of
Duval County. The Florida State eertifieation offical, Robert Bzadk9, hss
verified Census Bureau information about the legal status of Jat3csonviIle
• city ~- -
The Census Bureau classifies Jac'ssoavillc city as a `cansolidatad city'; Lltat
is. a eitq that includes additional it:corpozatxd.muarerPalrbos- BfldwiA
loan, as v: ell as the cities cf Atlantic Beach, Jacksonville Beach, and
2deptune Beach, exist within the city of Jacksonville. But Baldwin town and
the three cities also are classified as incorporated municipalises under
Florida State lav+. The Census Bureau 5 v^eoo~phv and G-overrsmanis
Divisions maintain these areas in their inventory of munitipal
governments and the Census Bureau collects and tabulates data for
Jacksonville city. as well as for $aldwin sown. Atlantic Bcacdes ache s.~e e
8eack, end Neptune Beach cities. Tlra Census $ureaU Pi°°S as it does to
opHortunities for Baldwin town to pa:ticipatz in its program
Jacksonville city, and yet also recognizes the jurisdiction of Jacksonville
city as including $aldtivur town
We are not experts on the requirements for Commnntty Development Blocl;
Grants from rise Department of Housing sad Z3rban Development, nor do
we know hew their rules take into account the unique nature of
wnsolidzted cities where municpalities east within municipalities.
Because rile Stste of Florida bas certified t3ra: Jacksonville uty c ~ MSA~
County and the OM$ has designated the city as the central city of _
:3a!d.Kin town legally is induced as past of the central City. If this rs not
-- 'your understanding, we suggest you contact stile Florida State cesti{yinS
official; 1'35 address and telephone number are listed bolow.
FROM The Leader Pi~10t~ NO.
To: m~o/ ~~vta~a
Faz #: 2 ~" 2`'` 3 3
snb~e=:: ~~~ G ,f~ot,K,N
cor~xrs:
~~ ~~I~S~~I~1~1
l,~yo><•: o~
117 W. OWK ST,tCT. STC. 400
.InC~gU.G. R 32202
• F,x: (964) 630-2391
OCT. 13 1998 11:57fY1 P2
~a~a
City Clerks Otiice
Ci+y of Neptune Beach
Gate: ~°r ~~9 Y
pag®: S inclvdm~ this coves sheet,
I"`~o~ ~a'>~~
" (l ~ ytc ai-c
~.s~~K/
~'~ y~ des ~ a
~Jl~~_ L®d/~ ~'~rnJ/~//I
-~d ~~ x ~`
(.l~v ~ ~~~ ~~ yKti~ 4S
~v ~ c
~-- .~;y, lL ~s~ l,~ ~~~5 w.
(J6K 'r ~14~ R
~~ I(1•pyi~rv~
~FROrt Tfe leader
PHOtlE ~g7, OCT. 13 1995 11:56GV1 Pl
~ ~~"l'/ Tai y'7~/~ . ~C~~/ l~~^e~''
c .jai - ~
•'ptpgi9r
~~~~~
OFFICE OF TIDE :1AA:`PC? .-
DATE:
TO:
FROM:
116 FiiiST STREET, NEPTUNE BEACH,
MEMORANDUM
October 9, 1998
Richard P~ Linn, City Manager
George F. Vaughn, Jr., Mayor ~~~
~- v°~~
SUBJECT• Classification of City with respect to CDBG Funds
Brad Thoburn, Director of Federal Affairs, from Mayor Delaney's office, has advised me
that the Bureau of the Census has ruled that the City of Neptune Beach is being
excluded from the area of the City of Jacksonville.
Mr. Thoburn advised that he as well as Mayor Delaney were working to resolve this
issue as it relates to the qualifications for Community Development Block Grants
(CDBG) through the City of Jacksonville.
It is unknown at this time the spectrum of ram cations this may have as it relates to
access to future state revenue funds.
I am forwarding correspondence received by Mr. Thoburn from the Bureau of Census
that provides additional detail. Please contact the City of Jacksonville, the Bureau of
Census, and the Office of Planning and Budget in Tallahassee and provide a full report
to the Council on this matter at the October 19'" regular Council workshop.
cc: Neptune Beach City Council
Becky E. Hanks, City Clerk
Christopher A. White, P.A., City Attorney
Brad Thoburn, Director of Federa{ Affairs, Mayor's Office, City of Jacksonville
Confirming conversation of October 8, 1998. Thanks for the heads-up.
FROM The Leader PFiOt,E ND. : OCT. 13 1998 11:58FY9 P4
-~ 4^a 3-"~'. 1°~2 tY?.'_-~$ 715:
cyj/1''?$ 10=~ fjFGI~_E fiF EL4./. GFGPIi a'~51>• lO7la PPGE 3/
- lD•pe 14i i
AVM 77-98 ]S~IY FROH.CENSU:+ GEOGRAPHY OtV
... ~ 2
The Honorable Marvin Godbold
hlr. Robert Bradley
Direcmr, G~ce of Planning and $udgeting
EXeel,t;ve Of$ee of the Governor
State Capitol
Tt+-ahassee. FL , 32399-0001
Telephone: (850) 48&5396 '
ply direct questions about qut]li5catioas for Community Development
t,;raats to the pcpartmeat of housing and Urban Development.
We hope that this information has been useful Please contact Joe
Mar<inuccl of my staff if you have as;y further questions about the
clssstfiration of Baldwin town and Jackson..lla city: his leleDhone aumbee
is (S02) 457.1099-
Siacrs^elp,
- OEI. L. MORRISON
• C,~CiieS, CreogzaphY Division
'T, . ,..
ce: Kenneth C. Williams
Dierdre :+daguirs•Zizlni
U.S- Deot. of Housing
and Urban Devalopment
..
FF20t1 The Leader PHCkIe tl0. (xT. 13 1998 11:58RF1 p$
~09/2E/19°Q-0 15: a4 650-alt-[6ia (~Fi^w LF °!t liNJ~N t•W.l: ur
3~P Z 3 1958
~~
~~ad~
Mr. Robert Bradley
Director. OLfSce of Planning atxl Budgeting
l..xecutive Office of the Governor
Stan Capitol
Tallahassee,FI.32399-0001
Bear 1vIr. Bradley:
UT11TfD ST112fts DEPA'RiUf7YT O¢ Laktrot;:RC~
8nteeu Ot !i7! d:~nfu0
Yygr~on, OC 202330007 ,,,,,•
a. Sr.' a{
fn~~r} }~jT~1.
/~ ` T,
`:3
./r1f.'iC..1, :J::.
.1 r j..
.:Y.: • SEA' ~' ~;os
~~er~
~" &~~® ~~
~~~ ot0
T}ris letter confirms our understanding that according co F1orda law, the aty of
Jacksonville excludes the sepsatcly incorporated m¢nicipatities of Baldwin town, Atlantic
Beach sty, Jacksonville Beach dry, and Neptune Beath city, Kathy Reeves provided ffiis
information in a confetctKe tclcphone call on September 2t. 1945 attended by The
Honorahlc Marvin Godbold, Mayor of Baldwin towo; Bexy Jordan of Baldwin town:
~dbu ~ ,)Jeirdre M3guir~Zinni, and K,ea Williaeu. of tlu Deoatim~t of Housing
optnrnk and Jce Marinocci of the Census Btatau,l7epattment of
Cpmm'rre,
The Census Buraact is oharrgjng its trcords to show that the area of Jacksonviddz dty
contains all the area of Duval Couutunccyy mccept tht iota mvmicapalities listed above.
Ja^.ksottville eiry no logger is ctmn'detrd a "comolidatcd ciry," that is. Jacksonville city m
longer contains all the area of Duval Cauray inchtdiag the four additiotsal ~n~palltks.
The central city of the Jacksor:villc, Flonda Metropolitan Statistical Area also will ttSetx t17e
new area zeprese:rtation of Sar$sonville riry. This does not change the status of the
gavemment of Iadcsonville city being consolidated with Duval County to perform the
ftacdens of both a county and a dry.
l+or Census Bureau data tabulations and statisdca! pcogr~ns, Jackscttvilk city will have
data only far the area of the cotmry outside of any other se~a~ely incorporaud p)aa; no
tongcr will Jacksonville city include the data far Atlantic Beach. Baldwin, Jacksonville
Beach, gad Neptune Beath.
If you Find any of this information io be inaccurate, pleasr. la ns 7mow. .. ~ consider
this change effective today, September 21, 1998. Please contact Mr. Marinutel; bls
telephone number is (301) 457-1099 (or a-mail at jmariwcci@geo.certsus.gov) if you have
any questions. We thank you for your continued support of our geognphic prngrami.
S' teroly,
Robert W. Matz
Chief. Geography Division
KRceves
MGodbold
BJordaa
K i ltf ~:^'art
DMagtrite~Tsnni
KWi11L»s
Ofhr. of Planning and Bndget:gy, Tall~~a =cam, ~,
Baldwin, YZ
Postit'Fu Note ~6rt ~q
TO ~ t1 Yf c Fl'
owo.~ co. 4C D
b-
Page 2
CDBG Funds
October 13, 1998
I am attaching some papers I just received that might be of interest to you concerning this
issue. If you have any questions please let me know. In the meantime, I will try to keep
up-to-date on the issues and pass information on to you.
Respectfully submitted,
Ja a R. Jarboe
City Manager
JRJ:tI
Copy to: Alan Jensen, City Attorney
Maureen King, City Clerk
_ ATTACHMENT C _
OCTOBER 13, 1998 COMMISSION MEETING
CITY OF
f'~tlaoctic Seaclc - jllaalda.
800 SEhI1NOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (90~) 247-58v5
HUNCOM 852-5800
October 13, 1998
Memorandum to:
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Subject: CDBG Funds
City Commission Members:
I am writing to you concerning an update on the CDBG controversy as it relates to the
Beaches Cities and Baldwin. The Census Bureau basically gave an opinion that the
Beaches and Baldwin are not part of the consolidated portions of Jacksonville.
As soon as I received the attached information I followed up with a call to Brad Thornton
from the City of Jacksonville Mayor's Office. He indicated that Jacksonville is trying to
arrange a joint conference call for all the parties to discuss with HUD what their positions
will be. This is tentatively set for November 3, 1998.
After examining the Interlocal Agreement with Jacksonville it is my opinion that
whatever the situation will be, Jacksonville will still owe us revenue based on our
population. I do not think it matters whether it is from CDBG funds or the General Fund
of Jacksonville.
By copy of this letter I am asking Alan Jensen to review the Interlocal Agreement to see if
}le agees with my analysis.
5. Current Workload (5%) -- include firm and individual workloads.
6. Financial Information (5%) -- include last two years certified financial
statements, audit summary and current certificate of insurance.
B. The City Staff and SRC will review all RFP's and famish the City Commission
with their evaluations. The City Commission will select the firms to be invited
to make formal presentations to the City Commission.
C. The City Commission will select the firm to perform the work.
D. Negotiation of fees will commence once the Commission has made its
selection and be accomplished by the City Staff.
E. Once the City Commission approves the fees and the contract instrument and
the contract instrument is executed, the Notice to Proceed will be issued and all
work specified will commence.
8
5. N+90 days: Present five (5) sets of plans, to include calculations, bill of
materials, specifications; cost estimate, and construction schedule to the
City Commission for approval (90% design review).
6. N+100 days: Submit Permit applications to COE and SJRWMD. Notify
the Duval County Public Health Department and City of Jacksonville
Regulatory and Environmental Service Division to discuss any
modifications to the plans that would necessitate a re-submittal of the
potable water and sanitary sewer permit applications. Prepare and submit
the Florida Department of Transportation and State roadway utility and
access permit applications.
7. N+160 days: COE, SJRWMD, and all other necessary permits received $
8. N+I80 days: Submit ten (10) sets of final plans and specifications
(100% design).
9. N+190 days: Have plans and specifications ready for and begin
assisting City in the bidding phase.
10. N+240 days: Best prequalified low bidder selected.
V. SELECTION PROCESS:
A. Each firm must submit three (3) copies of their proposal to Robert S. Kosoy,
P.E., Director of Public Works, 1200 Sandpiper Lane, Atlantic Beach, FL
32233, not later than 4:30 pm, (INSERT DATE HERE), 1998. Firms
responding to this RFP should include detailed information in support of the
following selection criteria -
] . Staff Competence (rating weight - 20%) -- include detailed resumes.
2. Similar Project Experience (30 %) -- emphasis on creativity in finding
solutions to difficult stormwater management challenges to include
familiarity with such techniques as baffle boxes, sand traps, and swirl
concentrators. Documented experience in retrofitting older communities to
provide the desired level of service and meet current regulatory standards
while maintaining their character will be given the greatest credit.
3. References (10%) -- include telephone numbers.
4. Project Approach (30%) -- include outline for accomplishing specific tasks
along with any recommended improvements and/or deviations in the time
frame outlined in IV. L. above, "Milestones/Deliverables"'.
BRegulatory agencies are not required to permit projects in accordance with the schedule of the
City. Every effort must be made to include the permitting agencies in the process in a meaningful way as
early as possible to increase the probability that the permits will be issued in a timely manner. If permits
are not received as scheduled, adjustments in the firm's schedule will be necessary.
7
approve the work. All appropriate agencies must be included right from the
start of this effort in concept development to ensure effective coordination.
The selected firm shall be responsible for obtaining the Environmental
Resource Permit (ERP) if required.
H. For consistency and continuity, the selected firm must establish a dedicated
design team and members of this team must represent the firm at all briefings
and meetings. This team is referred to as "appropriate staff' during the conduct
of the requested work.
I. Public input is essential for the success of this project. The City may request
comments, written andJor oral, from the public at any time it deems
appropriate.
Per footnote 1, separate RFPs will be issued to address Upstream Management
and Tailwater Control. Any actual/possible conflicts identified by the selected
firm must be resolved or brought to the City for appropriate action.
K. The standard for all designs drawings will be AutoCAD R14.
L. Milestones/Deliverables' -from the day (N Day) the notice to proceed (NTP)
is issued, the following tasks will be completed within the days specified:
1. N+30 days: Present concept(s), to include sketches and computer aided
design drawings using AutoCAD R14 and estimated construction costs, to
accomplish the services requested in paragraph III. above to the City for
approval. Clearly layout the benefits and construction costs and other
appropriate information of each to facilitate decision-making.
2. N+40 days: Meet with US Army Corps of Engineers (COE) and the St.
Johns River Water Management District (SJRWMD) to begin permitting
process. City representatives shall participate.
3. N+60 days: Present 5ve (5) sets of preliminary plans, to include
calculations, bill of materials, cost estimate, and construction schedule to
the City Commission for approval (30% design review).
4. N+75 days: Present five (5) sets of plans, to include calculations, bill of
materials, specifications, cost estimate, and construction schedule to the
City Commission for approval (60% design review).
Each milestone/deliverable requires written acceptance of work by the City Commission before
proceeding to the next phase.
6
IV. COORDINATING INSTRUCTION /INFO MATION•
A. The City's single point of contact for all dialogue and/or questions with
regard t~ ~ this RFP is Robert S. Kosoy, P.E., Director of Public Works,
904-247-5834, or any other representative(s) that the City Manager
designates.
B. Questions arising during the RFP process requiring significant changes in the
RFP shall be answered by written addendum. Changes to the design contract
shall be amended by change order.
C. One of the functions of the Stormwater Review Committee (SRC) is to ensure
effective public input into the decisions and planning of the City's Stormwater
Management Project. It is important that the SRC be permitted to review and
make comment on items to be submitted to the Commission for decision.
At a minimum, the 30%, 60% and 90% designs will be specifically reviewed
by the SRC. Other key milestones should be offered to the SRC for
coordination, review and comment. The SRC and City staff will formulate
recommendations for the Commission at each decision point.
D. The ETM design with all supporting documentation is available through the
Director of Public Works. (See Attachment A).
E. Field information needed for the redesign is available. The City Director of
Public Works is the repository for maps, surveys, and supporting information.
No additional information collected will duplicate that which already exists.
F. Under a separate, but related RFP, the City is attempting to control the
elevation of tidal water during major events to a maximum elevation of 3.5 feet
(msl). It is expected that by controlling the downstream elevation to this level,
the current ETM design will handle a storm much greater than the original
design of a two (2) year storm. This should be accounted for in the design of
any alternative concepts or components. To provide the City with a better
evaluation of the improvement in storm design, the selected firm should
famish the City with a computer analysis of the design using a 5-year,
10-year, 25-year, and 100-year storm as recommended by FEMA.
G. The redesign must be permittable by the St. Johns Water Management District
(SJRWMD), the Corps of Engineers (COE), and any other agency which must
Evaluate the impact of the project on trees in and outside of the project
right-of--way, to include the effects of lowering the water table, root
removal, and other construction impacts.
Recommend ways to decrease the number of trees requiring removal.
Once evaluation is complete, recommend ways to reduce the impact of the
project on trees outside of the project right-of--way and provide a mitigation
plan for any permanent and long-term damage (up to five years after project
completion) resulting from construction. If advisable, mitigation plan
should include vegetation replacement for those plants that will
experience long-term, irreparable harm.
4. Recommend controls on and techniques of construction that ~n+ill serve to
protect all vegetation from the effects of the work.
E. Assess the feasibility and advisability of providing for underground utilities in
conjunction with this construction project, to include electrical, natural gas,
TV, and/or telephone lines/cables. If selected for inclusion by the City,
incorporate the component(s) into the design.
F. Collect field data (surveys, soil samples, etc.) to the extent necessary to
complete the tasks in paragraphs III. A., B., C., D., and E.
G. Prepare a complete set of plans, BOM, specifications, cost estimate, schedule,
and any other items which will be used to bid and construct the project by
incorporating the modifications requested above into the ETM plans and
supporting work products.
H. Support the City during the bidding phase of the Core City stormwater
collection project. Tasks include:
1. Prepare plans, bill of materials, specifications, etc. for the bidding phase to
be sold to the bidders through the City Purchasing Department.
2. Assist City during pre-bid meeting to include providing technical
explanations and answering questions.
3. Prepare bid addenda as appropriate.
4. Evaluate all bids, prepare bid tabulation, and submit comments, as
appropriate.
As directed by the City, attend up to twenty (20) additional ,neetings with
appropriate staff.b Payment will be made only for meetings attended.
6Regarding "appropriate staff', see item IV.H below.
4
Provide plans, bill of materials, specifications, cost estimate and
schedule for the replacement of the Preben Johansen Park stormwater
treatment component of the ETM design with upstream baffle boxes, sand
traps, swirl concentrators, holding basins, dry retention or other concept that
adequately accommodate design flows and meet the requirements of
stormwater treatment as necessary.
Evaluate the existing treatment benefits of open, undeveloped and/or
preserved areas of park lands and other public lands, including but not
limited to Howell and Preben Johansen Park. Prepare a decision briefing
for City on the feasibility of leaving these areas undisturbed to provide
natural stormwater treatment and retain the present character of these areas.
C. Perform selective value engineerings with the goal of assuring the City realizes
a cost effective stormwater treatmen! collection system while not sacrificing
the permitability of any component. The firm is free to bring any ideas to the
City that it believes can result in significant savings while maintaining the
system effectiveness. Although not limiting, the firm will specifically address
the following-
1. Evaluate curb and gutter in the current ETM design including a cost and
benefit analysis, taking into account traffic considerations and other
roadway design alternatives.
2. Reducing the number of conflict manholes.
3. Preserving to the greatest extent practicable recently installed water mains
on 1°', 3rd, 8th, 9`" and 11th streets as well as other water mains that are
serviceable and meet the requirements of the Department of Health.
4. Re-calculate drainage pipe size requirements in the Core City to reflect any
benefits of tailwater and tide control design.
5. Increasing the capacity of the east-west streets to transport surface flows in
a way that increases the design flow for which the system provides
protection.
D. With regard to trees, recommend design alternatives that maximize the
preservation of the existing natural vegetation and tree canopy of the Core City.
Specifically:
SIn an effort to save money and time in the redesign process, selective value engineering implies
looking only at the project components specified. If there are clearly other modifications that will save
significant resources, they should be brought to the City for its consideration and approval before making
any changes.
III. SERVICES REQUESTED: In providing the following services, the selected firm
must place special emphasis on upholding the character of the Core City, with
emphasis on the environment and aesthetics, and ensuring cost effectiveness.
This character is defined as apedestrian-friendly, environmentally "green" central
village in which the streets, parks, beachfront, and Town Center area form the
social hub of the community. Specific elements of the Core City to be preserved
are: (1) Existing narrow village streets and lanes which reflect the traditional
coastal-community town ambiance of Atlantic Beachz, (2) Pedestrian friendly
sidewalks, paths, and streets of a recreational nature, which are currently heavily
used by residents of the City to walk or bicycle to their destinations, (3) Existing
tree canopy and native vegetation that currently provides both aesthetic and
environmental benefits to the City, (4) Existing parks and recreational areas, and
(5) Areas of historical significance.
A. Assist the City in creating understanding and building consensus among its
citizens by working hand-in-hand with the City's Stormwater Review
Committee (SRC).' The selected firm must, as a minimum, conduct public
30%, 60%, and 90% design reviews.
B. In order to avoid or, at least, minimize the impact to existing natural areas:
]. Provide plans, bill of materials (BOM), specifications, cost estimate, and
construction schedule for the replacement of the Howell Park stormwater
treatment component of the ETM design with upstream baffle boxes, sand
traps, swirl concentrators, holding basins, dry detention, or other concepts
that adequately accommodate design flows and meet the requirements of
stormwater treatment as necessary." Included in this task is the re-
engineering and redesign of the conveyance structures and entry points
into Selva Lagoon and/or Howell Park.
ZSpecifically, it has been concluded that the majority of the residents want to avoid altering the
existing Core City to that of the vehicular-friendly, artificially-landscaped, highly manicured, and other
typical characteristics of planned unit developments designed in the 1980's and 1990's.
The Stormwa[er Review Committee (SRC) brings together the different interests and expertise
of the community to assist the City in planning for effective and efficient stormwater management.
41f, in the early stages of concept development, the St. Johns River Water Management District
agrees that improved upstream management of stormwater such as grassy swales, expanded
maintenance, appropriate ordinances, etc. can preclude or reduce the downstream treatment
requirements, this approach must be brought to the attention of and should be seriously considered by the
City.
2
Revised 10/8/98
REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL ENGINEERING SERVICES
DESIGN MODIFICATION
CORE CITY UTILITY IMPROVEMENTS
STORMWATER COLLECTION
(R Day), 1998
I. PURPOSE: The City of Atlantic Beach, henceforth known as the City, is
soliciting for proposals from professional engineering firms to modify its current
design for a new stormwater collection system in the Core City, provide value
engineering on selected components of the design as specified, and assist the City
during the bidding phase for selecting a firm to construct the system.
II. BACKGROUND: In 1991, the Environmental Protection Agency (EPA)
mandated that the City develop a plan for stormwater management. In response
to this mandate, along with a growing outcry by citizens regarding an increased
frequency and magnitude of flooding, the City commissioned CH2M Hill to
develop a Stormwater Master Plan. Once the Stormwater Master Plan was
completed in 1995, the city contracted with England, Thims, & Miller, Inc. (ETM)
to, among other tasks, design a stotmwater collection system for the Core City.
This work was completed in January of 1998. Subsequent to this, it became clear
that there was a strong interest among the citizens that more be done to uphold the
character of the Core City with emphasis on minimizing the impact of the project
on the environment and aesthetics of the community. In addition, many citizens
wanted more scrutiny on cost effectiveness. After a thorough review, on May 12,
1998 the City decided to modify the design to minimize the impact of construction
and operation on both Howell and Preben Johansen Parks and attempt to reduce
the cost of construction by performing value engineering on specific components
of the project. It is also important to note that the City decided to include
Upstream Management and Tailwater Control as two additional components of
an effective Stormwater Management Plan via additional, separate RFP's.'
The City agreed than an effective Stormwater Managemrnt Plan includes three componrnts -
Upstream Management and Tailwater Control in addition to Stotmwater Collection. The Commission
directed Staff to prepare RFP(s) to ensure that the Upstream Managemrnt and Tailwater Control were
adequately addressed and each component will have a separate RFP. The firm chosen to modify the
stormwater collection system must ensure coordination with these other two components.
5. Current Workload (5%) -include firm and individual workloads.
6. Financial Information (5%) -include last two years certified financial
statements, audit summary and current certificate of insurance.
B. The City staff and SRC will review all RFP's and famish the Commission
with their evaluation of the firms. The City Commission will select the firms
to be invited to make formal presentations to ?he Commission.
C. City Commission will select the firm to perform the work.
D. Negotiation of fees will commence once the Commisc;en has made its
selection and be accomplished by the City Staff.
E. Once the City Commission approves the fees and the contract instrument and
the contract instrument is executed, the Notice to Proceed will be issued and
all work specified will commence.
6
3. N+60 days: Present five (5) sets of preliminary plans, to include
calculations, bill of materials, specifications, cost estimate, and
construction schedule to the City Commission for approval
(30% design review).
4. N+75 days: Present five (5) sets of preliminary plans, to include
calculations, bill of materials, specifications, cost estimate, and
construction schedule to the City Commission for approval
(60% design review).
5. N+90 days: Present five (5) sets of plans, to include calculations, bill of
materials, specifications, cost estimate, and construction schedule to the
City Commission for approval (90% design review).
6. N+100 days: Submit permit applications to COE and SJRWMD.
Prepare and submit the Florida Department of Transportation and State
roadway utility and access permit applications, if required.
7. N+160 days: COE, SJRWMD, and all other necessary permits received.
8. N+180 days: Submit ten (10) sets of final plans and specifications
(100% design).
9. N+190 days: Have plans and specifications ready for and begin assisting
City in the bidding phase.
10. N+240 days: Best prequalified low bidder selected.
V. CFLECTION PROCESS:
A. Each firm must submit three (3) copies of their proposal to Mr. Robert S.
Kosoy, P.E., Director of Public Works, 1200 Sandpiper Lane, Atlantic Beach,
FL 32233, not later than 4:30 pm, (INSERT DATE HERE), 1998. Firms
responding to this RFP should include detailed information in support
of the following selection criteria:
1. Staff Competence (rating weight 20%)-- include detailed resumes.
2. Similar Project Experience (30%) -emphasis on creativity in finding
solutions to difficult tidewater control challenges. Documented
experience in designing tide control systems for older communities to
provide the desired level of service and meet current regulatory standards
will be given the greatest credit.
3. References (10%) -include telephone numbers.
4. Project Approach (30%) -include outline for accomplishing specific
tasks along with any recommended improvements and/or deviations in
the time flame outlined in IV.L. above, "Milestones/ Deliverables".
(ETM) "Core City Utility Improvements and Stormwater Collection" design.
The firm chosen to design the "Tailwater Control System" must ensure that
interfaces with these other two efforts are adequately considered.
G. The Engineer will be responsible for obtaining a permit for the Tailwater
Control System from the St. Johns River Water Management District
(SJRWMD), the Corps of Engineers (COE), the Florida Department of
Transportation (FDOT), and any other agency which must approve the work.
It is important that all appropriate agencies be included right from the start of
this design effort to ensure effective coordination.
H. For consistency and continuity, the selected firm must establish a dedicated
design team and members of this team must represent the firm at atl briefings
and meetings. This team is referred to as "appropriate staff' during the
conduct of the requested work.
Public input is essential for the success of this project. The City may request
comments, written and/or oral, from the public at any time it deems
appropnate.
Per item IV.F., above, separate RFPs will be issued to address Upstream
Management and the Core City Utility Improvements and Stormwater
Collection system. Any actuaUpossible conflicts identified by the selected
firm must be resolved or brought to the City for appropriate action.
K. The standard for all design drawings will be Auto CAD R14.
L. Milestones/Deliverables -from the day (N Day) the notice to proceed (NTP) is
issued, the following tasks will be completed within the days specified:
1. N+30 days: Present concept(s), to include sketches and computer aided
design drawings utilizing Auto CAD RI4 and estimated construction
costs, to accomplish the services requested in paragraph III. above to the
City for approval. Clearly layout the benefits and construction costs and
other appropriate information of each to facilitate decision-making.
2. N+40 days: Meet with US Army Corps of Engineers (COE) and
the St Johns River Water Management District (SJRWMD) to
begin permitting process. City representatives shall participate.
1. Prepare plans, bill of materials, specifications, etc. for the bidding phase
to be sold to the bidders through the City Purchasing Depamnent.
2. Assist City during pre-bid meeting for construction to include providing
technical explanations and answering questions.
3. Prepare bid addenda as appropriate.
4. Evaluate all bids, prepare bid tabulation, and submit comments
as appropriate.
5. As directed by the City, attend additional meetings with appropriate
staff. Payment will be made only for meetings attended.
IV. C(r(1RilTNATTNC' TNCTRi1C'Ti(7N~/INFORMATION:
A. The City's single point of contact for all dialogue and/or questions with regard
to the RFP is Mr. Robert S. Kosoy, P.E., Director of Public Works, (904)
247-5834, or any other representative(s) that the City Manager designates.
B. Questions arising during the RFP process requiring significant changes in the
RFP shall be answered by written addendum. Changes to the design contract
shall be amended by change order.
C: One of the functions of the Stormwater Review Committee (SRC) is to ensure
effective public input into the decisions and planning of the City's Stormwater
Management Project. It is important that the SRC be permitted to review and
make comment on items to be submitted to the Commission for decision.
At a minimum, the 30%, 60%, and 90% designs will be specifically reviewed
by tare SRC. Other key milcstones should be offered to the SRC for
coordination, review and comment. The SRC and City staff will formulate
recommendations for the Commission at each decision point.
D. The ETM design with all supporting documentation is available through the
Director of Public Works. (See Attachment A).
E. Limited field information needed for the design is available. The City
Director of Public Works is the repository for maps, surveys, and supporting
information. No additional information collected will duplicate that which
already exists.
F. Under a separate initiative, the City is pursuing separate projects to develop an
"Upstream Management System" and modify the England Thims and Miller
Control the tidal flow and restrictions in the Selva Marina Lagoon
drainage system, beginning from Plaza Street (near City Hall), north to
the Puckett Creek culvert on State Road AlA (near the Village of
Mayport). The reason for selecting the location(s) for the control
structure(s) will be detailed in the Report. The preliminary report must
include a plan to illustrate the intermittent stor-nwater release between
the high and low tides during a major storm.
Identify and evaluate the site(s) and/or necessary parameters for the
design of a stormwater pumping station or stations at various locations.
The pumping station, in conjunction with the control structure, must be
able to hold the elevation of tidal water at the Selva Marina Lagoon to a
maximum of 3.5' MSL and a minimum of 2.5' MSL.
3. Identify property areas (upstream and downstream) which may be
adversely affected by the Tidewater Control Facility and develop a plan
to resolve any negative impacts. Develop a plan to alleviate possible
concerns of residents along the drainage system identifying the benefits
of the control facility and assist the City in the coordination of the plan.
4. Develop preliminary details and estimated cost for each component of
the design, including pumps, motors, generators, inlet and discharge pipe
sizes and other features to handle drainage from 5, 10, 25 and 100 year
storms. The design will include a telemetry observation system.
5. Look for opportunities for improving stormwater discharge first in
existing creeks and/or channels within City limits and develop possible
recommendations for the City to take to DOT, JTA and the City of
Jacksonville for outfall improvements which would improve tidal and
discharge flow from Atlantic Beach.
B. Develop a "Stormwater Release Plan" with automated features, if possible, to
operate the Tide Control System and maximize the release of stormwater
drainage and minimize the impact of the system on both downstream and
upstream areas.
C. Prepare a complete set of plans, bill of materials, specifications, cost estimate,
schedule, and any other items which will be used to bid and construct the
Tailwater Control Facility.
D. Support the City during the bidding phase of the Tailwater Control Facility.
Tasks include:
Revised: 10/8/98
REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL ENGINEERING SERVICES
DESIGN OF TIDAL AND FLOOD-CONTROL STRUCTURES
FOR
TAILWATER CONTROL
FOR THE CITY OF ATLANTIC BEACH
I. PURPOSE: The City of Atlantic Beach, henceforth known as the City,
is soliciting for proposals from professional engineering firms to design a
Tailwater Control System for the City and to assist the City during the bidding
phase with selecting a firm to construct the Tailwater Control System.
II. BACKGROUND: The City is in the process of developing a comprehensive
stormwater management plan. This plan involves three phases of design:
Upstream Management, Core City Utility Improvements, and Tailwater Control.
These programs are integral to each other and should be reviewed as a
comprehensive system for stormwater control for the entire City. Information
conceming the Upstream Stormwater Management and Core City Utility
Improvements RFPs may be obtained from Mr. Robert S. Kosoy at
(904)247-5843.
III. SERVICES REQUESTED. In providing the following services the selected firm
must place special emphasis on cost effectiveness and ensure the protection of
property from flooding, both upstream and downstream of any proposed control
structure. The Tailwater Control System should be based on the premise that the
provision of an effective level of control of the impact of extreme tides and
unusual high water levels on the City's stormwater drainage system will greatly
enhance the performance of the entire drainage system and offer benefits in both
cost and performance.
A. Evaluate all existing information conceming the flood and tide levels at the
Selva Marina Lagoon, Puckett Creek, Sherman Creek, the Intracoastal
Waterway, St. Johns River and other water bodies or drainage systems that
affect or restrict the drainage of the northern and core city portions of Atlantic
Beach into the Selva Marina Lagoon and develop a Preliminary Design Report
that clearly describes design details to include:
~ ~
ATTACHMENT E
OCTOHER 13> 1998 COMMISSION MEETING
CITY OF
~llu.ctle ~eac! - ~Conida
~t.a~
:'w
800 SEhtINOLE ROAD
ATLANTIC BEACH. FLORIDA 32233-5445
TELEPHONE (90J) 247-5800
FAX (904) 247-5805
SUNCO~f 852-5800
October 8, 1998
To: The Honorable Mayor and City Commissioners
From: Lyman T. Fletcher, Chairman ~~m~
Stormwater Review Committee
Subject: Submittal of final Stormwater RFP's
The Stormwater Review Committee is pleased to subnrit for your review and approval, the final
Requests for Proposals for the Core City Stormwater Improvements and Tidal and Flood Control
Structures for Tailwater Control.
Summary
In closing, I would ask each member to objectively and constructively think about
where our city is going from a parks development perspective and the role the
Commission could play in our cities future by endorsing and helping bring to
fruition a unique project like this. If done properly, it could be a wonderful visual
amenity the city would enjoy for generations to come. In addition -similar to the
current momentum of landscaping beach accesses - a project like this could
bring added attention to and consideration for improving other public
greenspaces in much the same way.
It could be the most economical timeline for this, if supported, might be to do this
project in conjunction with the upcoming storm water drainage project. One or
both sides of Plaza Street will be completely dug up for installation of both
drainage and water lines and it is also conceivable that many of these costs
could be minimized or even incorporated with the storm water construction
contract which, for this area, will likely not begin for another 12 to 18 months.
I would like to thank all of the Commission menders for i~~e opportunity to
present this concept and I very much appreciate your time and interest in this
matter. I would be glad to answer any questions.
Very sinerely,
Steven M. Rosenbloom
Home: zas-~so~ once: ~o-~oza
Why Plaza?
The five-way stop is a focal point in our community. The Plaza Street median
offers a vista from the five-way stop, for a relatively long, symmetrical city block.
It also contains a large number of mature palm trees which could be
incorporated as part of the design. While the on-street parking, in my view,
visually detracts from the beauty of the space, I believe with an innovative
architectural design, this distraction can be minimized. It is also my contention
that the current five-way stop is somewhat of a "visual wasteland" and, for
passersby, this project would be a heralded improvement.
Problems
ff you want to make enemies, try to change something. Woodrow Wilson.
(1856-1924), Twenty-eighth president of the United States
The two primary problems I envision are funding and resident opposition.
The cost of this project will be directly proportional to its level of development. In
my view the optimum design would be an outdoor sculptor garden, anchored by
a low lighted fountain in the center with numerous benches and ample green
space on either side (east and west). At the minimum, a tastefully landscaped
makeover, again with benches, would be a marked improvement but would likely
tack the strong visual impact of a sculptor garden.
In addition to the initial wnstruction costs, there will be on-going maintenance
issues for the city to consider. Based on the design, and through adherence to a
low maintenance project, these costs could also be minimized.
The Commission should be aware that, in my opinion, the residents, particularly
initially, will very likely oppose this concept for several reasons. If history is
correct, many residents will arbitrarily want no chances to the median. Typically
the perception is that the improvements would likely bring more people to the
street and the added people will translate into more noise, litter, crime and
whatever other problems are sometimes associated with unwanted visitors. In
addition, there will likely be residents who, for various reasons, will publicly
frame this project as a complete and utter waste of taxpayer money.
However, it is my strong contention that, over time, this project would enhance
property values and instill a greater sense of pride into this neighborhood. It is
currently a mix of older core city homes, new and renovated homes and rentals.
The on-street parking will remain a problem but, at present, I know of no way
around this issue.
ATTACHMENT A
OCTOBER 13, 1998 CO"L•(ISSION MEETING
Plaza Street Median
Outdoor Art/Architectural Proiect
Overview
Over years of casually viewing art, architecture, parks, cities, etc., I have
observed that many places and/or spaces are defined by either their unique
outdoor visual presence or by a readily identifiable physical structure (or
structures) that somehow either define or provide a mental image associated
with the area. Examples of this can range from a single statute or turn-of-the-
century courthouse located in or on the town square of a rural Georgia town to
the sweeping arch in St. Louis or the space needle which remains from the
Seattle World's Fair. On a broader scale cities like Washington DC with the
memorials, New York City with its numerous outdoor landmarks like the Statute
of Liberty and Central Park and Paris with the Eiffel Tower and the Arc de
Triomphe on the Avenue de Champs ~lys8es also provide vivid, memorable
examples of how outdoor architecture can be an integral part of ones visual
perception of a city.
In some regard a small, residential community -like Atlantic Beach -having no
singularly defined town center, but instead several random municipal/commercial
areas (i.e. city hall, Adele Grage Community Center and Towne Center),
predominately surrounded by a large residential area, could initially be viewed
as an unlikely candidate for implementation of such a concept. However, from
living in Atlantic Beach and having a fairly clear understanding as to the parks
projects that are developing in our city, my recommendation is for the
Commission to endorse and identify funding for an outdoor art/architectural park
for our city. It is also my view that the ideal location for such an undertaking
would be the median strip on Plaza Street.
Why an outdoor art/architectural Proiect?
There are several reasons why this project would benefit Atlantic Beach. Our
core city is made up of an eclectic blend of 1920's to 1940's southern coastal
architecture. Over the last twenty years, a variety of different architecture has
been added making the overall architectural theme even more varied.
In my view a project, such as this, irregardless of which vernacular (traditional or
modern) it gravitated toward, would greatly enhance the ambiance of our
community and provide another passive recreational space for citizens to enjoy.
In addition, the Plaza Street median strip is a valuable green space in the
community that is currently not been well maintained and is very underutilized by
the public.
Minutes Page -12-
October 13, 1998
• Referenced his memorandum to the Commission dated
October 13, 1998, concerning Community Development Block
Grant Funds and stated he would keep them updated on the
issue. The memorandum is attached and made part of this
official record as Attachment C.
• Reported on discussions with the City of Jacksonville
regarding the Fire Service and said he hoped to have
something concrete to report within the next month.
10. Reports and/or Requests from City Commissioners, City
Attorney and City Clerk
There were no reports.
There being no further comments or business to come before the
Commission, the meeting adjourned at 9:50 p.m.
Suzanne Shaughnessy
Mayor /Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
OMMLSSIONERS M
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Minutes Page -l l-
October 13, 1998
8. New Business:
A. Authorize the addition of Public Entity Environmental
Insurance at an annual cost of $8,500.011 to the City's
insurance and authorize the City Manager to sign the
necessary documents to add Public Entity Environmental
Insurance and for continuation of the City's Insurance
policies (City Manager)
Motion: Authorize the addition of Public Entity
Environmental Iusurance at an annual cost of 58,500.00
to the City's Insurance and authorize the City Manager
to sign the necessary documents to add Public Entity
Environmental Insurance and for continuation of the
City's Insurance Policies.
There was no discussion and the motion carried unanimously.
B. Authorize the City Manager to Sign the Florida Inland
Navigation District Waterways Assistance Program
Project Agreement (for Design and Construction
Documents for Dutton Island Conservation Park) (City
Manager)
Motion: Authorize the City Manager to sign the Florida
Inland Navigation District Waterways Assistance
Program Project Agreement (for Design and
Construction Documents for Dutton Island Conservation
Park).
There was no discussion and the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
City Manager Jarboe
Referenced a recent letter concerning a donation to the USO
and the Mayor requested that this item be placed on the next
Commission agenda for further discussion.
ObUvitSSIONERS M
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BEAVER X
BURNO X X
MESERVE X
MITCHELSON X X
SHAUGHNESSY X
BEAVER X
BoRxo x x
MESERVE X
MITCHELSON X X
SHAUGHNESSY X
Minutes Page -10-
October 13, 1998
Motion: Adopt Resolution No. 98-38.
The Mayor requested that the supporting documents be made
available at City Hall for the residents.
There was no discussion and the motion carved unanimously.
7. Action on Ordinances:
A. Ordinance No. 90-98-167 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, SECTION 24-
17DEFINITIONS, AND SECTIONS 24-104, 105, 106,
AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT
COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY
PERCENT (50%) AND PROVIDING AN EFFECTIVE
DATE (Commissioner Meserve)
Motion: Pass Ordinance No. 90-98-167 on first reading.
Mayor Shaughnessy read the ordinance by title only and announced
the final reading and public hearing for the ordinance would be held
during the October 26, 1998 Commission Meeting.
Commissioner Mitchelson, sponsor of the ordinance, explained the
intent of the ordinance was to amend the zoning regulations of the city
to provide a maximum impervious area requirement of 50% for all
residential zoning districts, and Section 2 of the ordinance would
allow a homeowner to rebuild a home destroyed by a catastrophe on
the footprint which existed at the time of such a catastrophe.
The ordinance was referred to the Community Development Board for
review and their recommendations will be brought to the Commission
on October 26, 1998.
There being no further comments or discussion, the motion carried
unanimously.
OMMISSIONERS M
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BEAVER X
BORNO X X
MESERVE X
MITCHELSON X
SHAUGHNESSY X X
BEAVER X
BORNO X
MESERVE X
MITCHELSON X X
SHAUGHNESSY X X
Minutes Page -9-
October 13, 1998
4. Consent Agenda:
A. Acknowledge Receipt of Report of New Occupational
Licenses for September, and Monthly Reports from Building,
Code Enforcement, Fire and Recreation Departments
Mayor Shaughnessy received and acknowledged the monthly reports for
New Occupational Licenses and those of the Building, Code Enforcement,
Fire and Recreation Departments and requested that they be filed.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
A. Resolution No. 98-36
A RESOLUTION OF ESTEEM -ROBERT D. SHIMP
(City Mauager)
Item 6A was taken out of sequence and acted on under Item 2,
Recognition of Visitors.
B. Resolution No. 98-3?
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, RECOGNIZING CITY
GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND
ENCOURAGING ALL CITIZENS TO SUPPORT THE
CELEBRATION AND CORRESPONDING ACTIVITIES
(City Manager)
Motion:.4dopt Resolution No. 98-37.
There was no discussion and the motion carried unanimously.
C. Resolution No. 98-38
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUPPORTING REVISION #10 TO
THE FLORIDA CONSTITUTION, AND
ENCOURAGING OUR CITIZENRY TO VOTE YES
TO THIS REVISION
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Minutes Page -8-
October 13, 1998
City Attorney Jensen advised that Public Works Director Kosoy was still
closing out the contract and obtaining the final contract documents. He
further stated that he believed all the services to be rendered by England,
Thims and Miller were completed.
The Mayor then inquired if ETM was entitled to respond to the RFP and
Commissioner Beaver inquired if the city could still negotiate with them to
add on to the existing contract.
City Attorney Jensen advised that the city could not negotiate with anyone
until the Commission selects the top firms to negotiate with under the
Consultants Competitive Negotiations Act. He further stated that the
current contract could not be amended to include the RFP's presented
tonight.
Commissioner Beaver reiterated his concern for the liability involved if the
city hired another firm and for some reason the completed project :vas
challenged.
Mayor Shaughnessy then inquired if something could be included in the
RFP's stating the engineer will review all of ETM's work and agree to seal
it as their own.
City Attorney Jensen advised that no firm would do that. However, he
suggested that when a wntract is negotiated with the selected firm, it should
include language concerning responsibility and liability to protect the city.
Following this discussion Commissioner Beaver withdrew his motion and
Commissioner Borno withdraw his second.
Alan Potter, 374 Second Street, noted that ETM had conducted survey
work of the entire core city and would be certified by them. Mr. Potter
offered his opinion thst they did a creditable job with that work, and no
engineer should have trouble utilizing the data. He further commented that
if the engineering firm that is selected is going to evaluate pipe size shown
in the ETM plans, then they would have to perform their own calculations
and come up with a plan based on their own work. Mayor Shaughnessy
pointed out that the RFP required evaluation of I?ipe size only after addition
of the tailwater system.
A brief discussion followed concerning advertising the RFP's and it was the
consensus of the Commission to advertise in the Dodge Report and in
regional newspapers located in Jacksonville, Atlanta, Miami, and Orlando.
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October 13, 1998
Meserve stated he would Wce to bid them out as components of one project,
so if the city could not afford to do the entire project, it would be able to
choose what it could afford. He felt that this could be worked during
contract negotiations.
Mayor Shaughnessy then asked Commissioner Meserve if he would like the
project bid as Bid Alternates, and Commissioner Meserve agreed. It was
understood that the project would be put out for bid as bid alternates.
City Manager Jarboe stated that bidding would not take place until after a
contract was negotiated with the engineering firm selected under the
Consultants Competitive Negotiations Act.
Chairman Fletcher requested clarification on the number of RFP's approved
by the Commission Hope Van Nortwick , a member of the Headwaters
Subcommittee of the SRC, stated that the subcommittee had discussed
several possibilities and felt that the upstream part of the plan could be done
by a land planning firm because so much of the upstream management dealt
with land planning rather than engineering. Ms. Van Nortwick reported
that the subcommittee had finished their document and would be taking it
before the entire SRC for their review next week.
Chairman Fletcher suggested that the Commission not delay the RFP
process for the Headwater RFP because he believed the upstream work
would not require an engineer.
Commissioner Beaver then offered the following motion.
Motion: Authorize the City Manager to negotiate the a:fisting
contract with ECM for the RFP just discussed relative to the
tailwater control and core city improvements.
The Mayor questioned the propriety of voting on something which was not
advertised. It was the consensus of the Commission to discuss the motion,
but no action would be taken.
Commissioner Beaver stated that it was his understanding that the contract
with ETM had not been closed and the potential existed to work with them
on this project. He believed ETM was a competent firm and had not been
given a direct charge which was approved tonight. He also believed that
a liability issue might arise if a new firm made modifications to the ETM
plan, and requested a legal opinion on whether or not the ETM contract
was completed.
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October 13. 1998
Motion: Insert "ss a result of modeling" after the word cost
in Item A 4 on Page 2 of the Tailwater RFP.
Mayor Shaughnessy suggested that the city use the data which was compiled
for the City of Jacksonville by Camp, Dresser and McKee and offered to the
city by Mike Schmidt, ai engineer with the company.
City Manager Jarboe expressed concern with use of the data and stated the
data was five yeazs old and a great deal of new development had occurred
during that time, which greatly impacted the drainage.
The motion carried unanimously.
Mayor Shaughnesry called a recess at 8:40 p.m. and the meeting reconvened
at 8:50 p.m.
Commissioner Borno referenced Item C 3 on Page 3 of the Core City 1tFP
and questioned the need for "re-calculate the drainage pipe size" and
inquired if this needed to be done because he felt it would re-design the
project and generate additional cost.
Chairman Fletcher believed it would be necessary because of the influence
of the tailwaters on the core city area.
After further discussion, it was determined that the word "re-calculate"
should be replaced by the word "evaluate."
Motion: Strike the word "re-calculate" from Item C3 on
Page 3 of the Core City 1tFP and replace it with "evaluate."
The motion carried unanimously.
Commissioner Mitchelson recommended that a reference to the information
provided by Mike Schmidt be included under Item 4E on Page 5 of the
Core City ItFP.
Mayor Fletcher indicated that Attachment A under Item 4D would be a list
of information and data available and attached to the 1tFP.
There being no further discussion, the motion to approve the RFP's (as
amended) carried unanimously.
Mayor Shaughnessy then inquired if the Commissioners were of the same
understanding that born i2FP's would go out together Commissioner
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Minutes Page -5-
October 13, 1998
Commissioner Meserve referenced Page 3 Items C1 and C4 of the same
RFP and reiterated his concern that these items were the core of the ETM
design and if the new engineering firm was asked to re-calculate drainage
pipe size and re-evaluate curb and gutter, that opposed the Commission's
previous decision concerning the same.
Chairman Fletcher pointed out that the scope of the project had been
expanded with the addition of the tailwater and headwater controls, and he
reiterated the committee's position that the entire system had to be
considered by the new engineer. The SRC also believed all of the
information contained in the RFP's was necessary in order for the city to
make an informed decision on an engineer who would provide a plan with
the best information and economic impact to the city.
Commissioner Beaver
Commissioner Beaver inquired regarding Item 4 on Page 2 of the Tailwater
RFP and asked if the city needed to be more specific regarding a time frame
to calculate data concerning 5, 10, 25 and 100 year storms.
Mayor Fletcher felt there were computer programs available which would
provide answers based on existing data. Public Works Director Kosoy
concurred and felt it would not cause any major redesign of the project.
Commissioner Beaver felt the requirements listed in the footnote found on
Page 6 of the Core City RFP might delay the project.
Chairman Fletcher stated the SRC's concept was to be involved and work
together as the project proceeds, and he could see no problem in calling
a Special Called Meeting with twenty-four hours advanced notice.
Commissioner Borno
Commissioner Bomo referenced Page 2, Item 2 of the Tailwater RFP and
stated he would Gke "Mean Sea Level" inserted in parenthesis after the initial
mention of MSL.
Motion: Insert Mean Sea Level after the initial usage on
Page 2 of the Tailwater RFP and thereafter it will appear as
MSL in the R.FP.
The motion carried unanimously.
Commissioner Bomo suggested that the words "as a result of modeling"
be inserted in Item A 4 on Page 2 of the Tailwater RFP.
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Minutes Page -4-
October 13. 1998
the engineer should make the recommendation. After a brief discussion, it
was suggested that "or any other solutions" be inserted after "stations" in
Line 2 of said item.
Motion: Amend Item 2, Page 2 of the Tailwater RFP by
inserting the words "or any other solutions" after "stations"
in Line 2 of said Item.
The motion carried unanimously.
After some further discussion of Item 2, it was determined that a similar
change was needed to clarify Line 3 of Item 2 and it was suggested that the
same words be inserted after "pumping station".
Motion: Amend Item 3, Page 2 of the Tailwater RFP by
inserting the words "or any other solutions" after "pumping
station" in Line 3 of Item 2.
The motion carried unanimously.
Commissioner Meserve
Commissioner Meserve felt they were good RFP's and stated that the
initial tasking of the SRC was to take the original ETM design and put out
an RFP that would redesign that section of the plan which took the water
through the two parks (Howell and Johansen Parks) and use those parks as
settling areas, and redesign the system to be able to exclude the parks to
save trees. He expressed concern that on Page 2, the language of the RFP
asked someone to recreate the entire design, and cited the following
language in item III, B on Page 2 of the Core City Improvements ...
"Included in this task is the re-engineering and redesign of the conveyance
structures..." to corroborate his concem, as well as footnote 2 on the same
page, which he felt related to curb and gutter. He then inquired if it was the
intention ofthe RFP to task an engineering firm to totally redesign the plan
of E"fM or to look at every alternative to that design.
Chairman Fletcher stated that it was not the intent of the SRC to redesign
the entire project (system), but they looked it as an entire system to see
how the city would be drained all the way to the end point. He pointed out
that during the many meetings of the SRC, they used the raw data that was
there, which was good data, while keeping in mind cost effectiveness, to
come up with an RFP that would give the new engineer notice of the
wmmunit}~s concerns. He further stated the SRC did not want to limit the
creativity of the new engineer to find solutions to the drainage problem.
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Minutes Page -3-
October 13. 1998
project, to add to or enhance some of what may be Ie~ during construction,
and requested Commission consideration to fund the project. He stated
that he had spoken to Peter Coalson, Chairman of the Parks and Recreation
Board, concerning the proposal.
After hearing the request, Mayor Shaughnessy referred Mr. Rosenbloom's
proposal to the Pazks and Recreation Board and also asked Mr. Rosenbloom
to work with the City Manager regarding this project.
3. Unfinished Business:
A. Review and Approval of Requests for Proposals for
Professional Engineering Sen~ices for Design Modification of
the Core City Stormwater Collection Improvements, and
Design of Tidal and Flood-Control Structures for Tailwater
Control (City Commission)
Motion: Approve the final Stormwater RFP's as submitted
by the Stormwater Review Committee.
Chairman Lyman Fletcher recognized the Stormwater Review Committee
(SRC) members and asked them to introduce themselves. The following
members of the SRC were present: Steven Kuti, Don Phillips, William
McGee, Sylvia Simmons, Hope Van Nortwick, and J.P. Marchioli.
Chairman Fletcher stated that the final RFP's (Attachment B) were being
recommended to the Commission and he hoped the Commission would
approve them as one document and obtain one engineer to complete the
project. Chairman Fletcher indicated that the SRC believed that flood
conVol, if it could be resolved, would have a positive impact on the needs
and requirements in the core city.
Chairman Fletcher stated that the SRC was still working on upstream
management but they believed there would be no engineering needed for
that phase of the work and that some of the upstream work could be
accomphshed in-house. He indicated that Mr. Phillips was contacting state
agencies to obtain information which has already been thought through on
upstream management and the SRC will come back at the next Commission
Meeting to present that information.
Commissioner Mitchelson
Corrunissioner Mitchelson stated that he was very pleased with the changes
to the RFP's subsequent to the September 22, 1998 Workshop Meeting. He
beheved that in Item 2, Page 2 of the Tailwater RFP additional wording was
needed to clarify that although the pump station may be the best solution,
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October 13, 1998
Mayor Shaughnessy presented the Resolution to Councilor Shimp and
asked for his comments. Councilor Shimp recounted the events of
the morning and stated he felt it was "no big deal" to be involved and
to offer his assistance.
There was no discussion and the motion carried unanimously.
2. Recognition of Visitors:
A. Demonstration of Web Page (City Manager)
Web Master Phillip Robeson was introduced by Community Development
Director George Worley, who worked closely with Mr. Robeson in the
development of the web page.
Since the web site is still in the developmental stage, Mr. Worley indicated
they were flexible concerning the page's content and format. While
previewing the web page, questions were answered concerning its content
and Commission input encouraged.
Commissioner Beaver inquired if he could access the site at home in order
to review the progress. Mr. Robeson stated it could not be accessed
because the city was not yet linked to the Internet. Mr. Robeson indicated
he would train someone within the city to make required changes to the
sections of the web page that change frequently, such as the agenda and
minute sections, but until that time he would make any changes.
B. Winston Strickland
Mr. Strickland was not present. City Manager Jarboe indicated that Mr.
Strickland wanted to elicit Commission assistance in obtaining relief for
the citizens of the Dominican Republic, following the devastation of
hurricane Georges.
C. Steven Rosenbloom of 1417 Beach Avenue
Former Commissioner Steven Rosenbloom distributed information
concerning his request for a proposed outdoor art/architeciural project to be
located in the median of Plaza Street at the five way stop. The information
is attached and made part of this official record as Attachment A.
Mr. Rosenbloom stated the city needed a "focal point" and he envisioned the
median to become that focal point with an art park/sculpture garden. He
felt the park could be constructed in conjunction with the stormwater
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, OCTOBER 13,
1998
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: James Jarboe, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
The meeting was called to order by Mayor Shaughnessy at 7: I S p.m. The
Invocation was offered by Retired Navy Chaplain Ed Emerson, followed
by the P-edge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
September 28, 1998.
Motion: Approve minutes of the Regular Meeting held
September 28, 1998 as presented.
The Mayor asked for corrections or amendments to the minutes. There
being none, the minutes were unanimously approved as presented.
Item 6A was taken out of sequence and acted upon at this time.
6A. Resolution No. 98-36
A RESOLUTION OF ESTEEM -ROBERT D. SHIMP
(City Manager)
Motion: Adopt Resolutiou No. 98-36.
The Resolution recognizing Councilor Bob Shimp of the City of
Neptune Beach for his selfless act of heroism in protecting an
innocent victim of an attack on the beach. The Resolution was read
in its entirety by Mayor Shaughnessy.
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Page Two AGENDA October 26, 1998
C. Ordinance No. 58-98-25: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFTTS, DMSION 3, RETIItEMENT SYSTEM TO COMPLY WITH STATE
AND FEDERAL LAWS (City Manager)
8. New Business:
A. Authorize execution of Contract Services Agreement with D & A Inspections
Unlimited (City Manager)
B. Authorize the City Manzger to establish an Employee Leave Donation Program
effective October I, 1998 (City Manager)
C. Authorize the expenditure of an amount not to exceed $3,500.00 for the 1997 Town
Center Holiday Tree lighting celebration (City Manager)
9. City Manager Reports and/or Correspondence:
10. Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
If an}' person decides to appeal any decision made by the City Commission with respect to any matter considered at soy
maeang, such person may need a record of the proceedmgs, and, for such propose, may need to eusore that a verbatim record
of the proceedings ~ made, which record shall include the testimony aad evidence upon which the appeal is to be based.
Any person wishing to speak to the Cdy Commission w any maaer at this meeting should submit a request to the City Ckrk
prior to the meeting. For your convenience, forms for this purpose are avaiLble at the entrance to the Co~m~~ion
Chambers.
la accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, petsoas with disabilities
needing special accommodation to participate m this meeting should contact the City Clerk by 5:00 PM, Friday, October
23, 1998.
CITY OF ATLANTIC BEACH
COMMISSION MEETING -October 26, 1998
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regular Commission Meeting of October 13, 1998
2. Recognition of Visitors:
3. Unfinished Business:
A. Consideration of a request to close Beach Avenue to through traffic from the Sea
Turtle to 20th Street (Mayor)
B. Action on suggested language for insurance and hold harmless requirements in
contracts for long term use of city facilities (Mayor)
C. Approve upgrades to lifeguard vehicle at a cost of $2,722.00 (City Manager)
4. Consent Agenda:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Reject all bids received under Bid No. 9798-37 for the purchase of polymer (City
Manager)
5. Committee Reports:
6. Action on Resolutions:
Action on Ordinances:
A Ordinance No. 95-98-69: Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS
ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES, AND
PROVIDING AN EFFECTIVE DATE (City Commission)
B. Ordinance No. 90-98-167: Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS,
SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107,
RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE 1N RESIDENTIAL
DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFI'I;CTIVE
DATE (Commissioner Mitchelson)