9-12-16 Amended Agenda Packet 1
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
SEPTEMBER 12, 2016 - 6:30 PM
AMENDED AGENDA
Invocation and pledge to the flag
Call to order
1. Approval of minutes
*A. Approve minutes of the Commission Meeting of August 22, 2016.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. Public Hearing- Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of
body artists within the Commercial General zoning district as required by Section 24-111(b) at
Saltair Section 3, Lots 810 to 816 and 838 to 840 (aka 469 Atlantic Boulevard, Unit 11).
B. City Appointed Positions Evaluation Summaries
C. Discussion on forming the Tree/Beautification Committee including its charge, meeting frequency,
and membership and give staff direction. (Mayor Reeves)
D. Safe Routes to Schools (a.k.a. The Sherry Drive Safety Walks Sidewalk)
*E. Selection of Audit Firm
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. Authorize the City Manager to sign the attached contracts with ABET, ABAA, Coastal Kicks
Soccer and Tennis Professional Brecht Catalan for terms from October 1, 2016 through September
30, 2017.
B. Authorize Insituform Technologies, LLC to install cured-in-place pipe (CIPP) for the FY16 Sewer
Rehabilitation Project in the amount of $206,703.65, using specifications and pricing in JEA
Contract No. 152566 and authorize the City Manager to sign the contract with Insituform
Technologies, LLC.
5. Committee Reports
A. Appointment to the Cultural Arts and Recreation Advisory Committee (Commissioner Stinson)
6. Action on Resolutions
None.
7. Action on Ordinances
A. Public Hearings and First Reading on Adoption of a Tentative Millage Rate and Ordinance
No.20-16-140 establishing the Operating Budget for fiscal year 2016/2017.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING
SEPTEMBER 30, 2017.
B. Ordinance No. 90-16-225, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
2
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAIR-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED (“CL”), COMMERCIAL GENERAL (“CG”), LIGHT INDUSTRIAL
AND WAREHOUSING (“LIW”) OR SPECIAL PLANNED AREAS (“SPA”); PROVIDING
PROHIBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING
APPROVAL WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN
EFFECT UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION
AT AN EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS
SUBJECT TO THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
C. Ordinance No. 20-16-141, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC
BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING
SEPTEMBER 30, 2016 FOR APPROPRIATING ADDITIONAL FUNDS IN THE LEGAL
SERVICES DIVISION, AND PROVIDING AN EFFECTIVE DATE.
8. Miscellaneous Business (Discussion only)
A. LIUNA Local 630 “Blue Collar” Union Negotiations 2016-2018 Contract
B. Coastal Florida Police Benevolent Association (PBA) Negotiations 2016
C. Audit of Seminole Road Paving Project
9. City Manager
A. 90-Day Calendar (September 2016 through November 2016)
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at
any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the
appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the
City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the
Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,
Friday, September 9, 2016.
*Amended on 9/7/16 as follows:
Item 1A was added.
Item 3E was added.
MINUTES
REGULAR CITY COMMISSION MEETING
August 22, 2016
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Mitchell E. Reeves
Mayor Pro Tern Jimmy Hill
Commissioner Harding
Commissioner John Stinson
Commissioner M. Blythe Waters
Invocation and pledge to the flag
City Attorney Brenna Durden
City Manager Nelson VanLiere
City Clerk Donna L. Bartle
Mayor Reeves gave the Invocation, followed by the Pledge of Allegiance to the Flag.
Call to Order:
Mayor Reeves called the meeting to order at 6:30p.m.
1. A. Approve the minutes of the Commission Meeting of August 8, 2016.
Item lA was taken out of sequence and acted on later in the meeting.
2. Courtesy of the Floor to Visitors
Mayor Reeves explained the process for public comments.
AMENDED ITEM 1A
SEPTEMBER 12, 2016
A. Presentation by Paige Shadden regarding her attendance at American Legion Auxiliary
Girls State in Tallahassee. (Commissioner Stinson)
Commissioner Stinson introduced Paige Shadden. Ms. Shadden thanked everyone for having her here.
She explained the program and her experience at the camp noting that Girls State taught her a lot about
the government and has motivated her to be more infmmed.
City Clerk Bartle read the Proclamation. Mayor Reeves presented the Proclamation and a pin to Paige
Shadden.
1. A. Approve the minutes of the Commission Meeting of August 8, 2016
Item lA was taken out of sequence and acted on at this time.
Mayor Reeves asked if there were any conections to the above minutes. Commissioner Stinson stated
Page 4, after the first sentence in the 5th paragraph, add the sentence: "He stated, it doesn't have to be the
cheapest, but it has to be a good value and the only way to do that is to price it." Commissioner Stinson
stated change# 2 page 4, after the last sentence in the last paragraph, add the sentence: "He also believes
it gives our Public Works a chance to make a couple of phone calls to find out if this service could be
obtained on behalf of the City from another service provider." Mayor Reeves stated the changes have
been accepted and asked if there are any other changes. There were no other changes. Mayor Reeves
stated the minutes are accepted as stated.
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page2
Mayor Reeves introduced Michelle Waterman, Park Manager for the Talbot Island State Parks Complex.
She presented a Florida Recreation Development Assistance Program check for $50,000.00 for the Jack
Russell Park Improvement project. She explained these funds are for the renovation and landscaping of
the existing soccer field as well as renovation and lighting for the existing basketball court.
Mayor Reeves presented City Clerk Donna Bartle with a clock and a pin in recognition of her 25 years of
service with the City.
B. Presentation-Langton Consulting Annual Report on Grant Status.
Melissa Beaudry, 532 Lancaster Street, Jacksonville, FL 32204, reported the status of the grants listed on
the Annual Report. Commissioner Hill inquired if grants will be brought up again in the budget
workshop. Mayor Reeves stated they will be.
Mayor Reeves opened the Courtesy of the Floor to Visitors. City Clerk Batile called each speaker to the
podium.
John November, 536 South Street, stated he is the new Executive Director and General Counsel for the
Public Trust Environmental Legal Institute of Florida. He explained the impmiance of the tree canopy
and his suppmi for a tree conservation committee. He expressed his ideas about the tree committee's
charge. He stated there is a major gap in education and awareness and we have to do better at getting
people to know what our tree code is. He believes a tree committee can provide oversight and review of
the pe1mit applications with interpretation that is in line with our code. He stated, in terms of Bennett's
Landing, the use of tree funds would be very valuable. He would like to see a row of legacy trees planted
there. He repmied on the $3500.00 grant that was received at the time of the acquisition of the land at
Bennett's Landing explaining the designer has come close to completing that design and he will be
bringing preliminary sketches so the public can be involved at the very beginning. He thanked the
Commission and offered to meet with them individually.
Chris Jorgensen, 92 W. 3rd St., reported he has the cop blue ribbon at his house and appreciates all they
are doing. He thanked Mayor Reeves for the meeting for the flood victims in the Saltair area. He
expressed concern that there is no emergency backup generator. He thanked City Clerk Donna Bartle for
being fantastic over the years. He thanked Human Resource Director Cathy Berry for doing a great job.
He submitted a copy of his written complaints regarding two City Employees and expressed concerns
about the way the City Manager handled the complaints. He explained his conversation with City
Attorney Brenna Durden regarding City Manager Nelson Van Liere's contract approval. He expressed
concerns about the City Manager. He gave special thanks to Commissioner Stinson for fine tuning
matters in the City and to Mayor Reeves for monitoring a very upset crowd.
Lou Keith, 1845 Tierra Verde Lane, spoke in regards to replacement of the tennis comis and asked for
the Commission's support to approve the replacements in the budget. He stated there are some residents
wanting pickleball but believes it is not compatible. He suggested utilizing the comis at Donner Park for
pickleball. He expressed concerns about City contracting with the tennis pro because of the limited
number of courts being available to citizens. He believed the contract should be abolished, and explained
the need to follow reservation procedures. He also believed that the City should never allow over 4 courts
for league play, it should be posted at least two weeks in advance and limit the hours to between Noon to
5:00 pm. He thanked the Commission. He also thanked City Clerk Donna Bartle for being a real
backbone of this community for 25 years.
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page3
Linda Lanier, 1768 Park Terrace West, spoke in support of and explained the need for a tree canopy
board. She stated she is a member of the Community Development Board and sees how much citizen
decisions and opinions about our tree canopy are fraught with a lack of infmmation about trees,
misunderstandings about our codes and our rules, a lack oflong-tmm thinking about our environment and
just plain raw emotions. She stated people get really upset about trees and it creates a situation where we
put neighbor against neighbor and we have periodic battles between tree protection advocates and
property rights advocates. She suggested that the citizen board could be charged with curating our
natural canopy, ensuring that developers and homeowners understand the codes and zoning rules that
protect our trees, reviewing the cunent zoning and codes to ensure that the best practices in municipal
tree protection are enforced, ensuring that the public has access to practical infmmation about selecting
and planting appropriate trees, maintaining them in a healthy and safe way, removing them properly in
accordance with code, and avoiding unscrupulous, untrained tree trimmers. She further suggested having
the tree board be a curator of the green canopy in the City parks, preservation properties, on our roadways
and in our public spaces. She encouraged the establishment of something like a tree canopy board stating
it will do our community a great public service and will be getting out in front of some serious issues.
Steven Fouraker, 387 6th Street, explained we are at a significant crossroads in our community stating
this is a time to encourage citizen participation in our government, not to discourage it; we would not
have Howell Park or Johanssen Park if not for the participation of the best and brightest of our
community to help guide the Commission to make proper decisions. He believed if we have a large
surplus in our budget, rather than reducing the millage rate, use it to create east-west safe paths to schools
and hiring more police officers to make all paths safe. He hoped Commissioner Waters' suggestion to
alert Sheny Drive and Seminole residents individually to our upcoming Town Hall meeting is being
accomplished. He thanked Commissioner Hill for his reservations in taking federal money just to take
federal money and Commissioner Harding for his reservations on the Safe Paths Project on the East-West
paths. He alerted the residents and the press that possible undue influence is being exe1ied by certain
builders and developers on our Mayor and maybe some of our Commissioners to reverse many positive
changes in our City government that have been implemented over the past few years. He also stated that
our City Staff apparently uncovered illegal transactions involving licenses and pe1mits by Bosco Building
Contractors, Inc. and apparently our City Manager and Building Department had been pressured by
Bosco and his developer to cease pursuing legal remedies against these illegal activities.
Suzanne Shaughnessy, 168 Ocean Walk Dr. S., reported an incident where she had to call the non-
emergency number and spoke to Veronica. She stated V m·onica could not have been more helpful and if
you are looking for a way to exemplify the way that someone can truly wish to serve citizens, this lady
could teach the course. She commented on how she liked the new blue planters. She asked if someone
could make an inquiry to the City of Jacksonville as to what they are doing about mosquito control this
year. She concurs with John November and everything he said. She explained a concept to use your
expertise of the citizen community to augment the expe1iise of your staff and pointed out that we have a
number of people in the city who are qualified master gardeners who may be interested in sitting on any
kind of tree committee or board.
City Clerk Bmile read the names and comments from the citizens who did not want to speak as follows:
Russell Haden, 559 Selva Lakes Circle, is in suppmi of agenda item 8A which is the waiver request.
Sandra Haden, 559 Selva Lakes Circle, is in suppmi of agenda item 8A which is the waiver request.
No one else from the audience spoke. Mayor Reeves closed the Comiesy of the Floor to Visitors.
August 22, 2016 REGULAR COMMISSION MEETING
3. Unfinished Business from Previous Meetings
AMENDED ITEM 1A
SEPTEMBER 12, 2016
A. 2016 Annual Evaluations for the Three Appointed Positions (Mayor Reeves)
Page4
Mayor Reeves explained that the item was discussed previously. He explained evaluations are not to
write up employees about all bad things, it's about the good things; they are to help employees get to the
next level where they might be weak and need guidance. He believes the evaluations need to be rewritten
next year to include objectives for the employees to meet and he gave an example. He stated employees
want to be evaluated and they know their weaknesses and strengths. He urged the Commission to meet
with the three employees and have the forms filled out because last time not everything was done by the
other Commission. He explained that you would let the employee down by not doing that. He explained
that the forms are to be turned in to Human Resources (H.R.) by the 29th so H.R. can average the scores
which will be given to the Commission. He explained that he would like to add one more column and
asked about having the three appointed employees evaluate themselves.
Commissioner Hill explained why the process was added by the last Commission. He suggested each
Commissioner do their own style of evaluation and urged the Commission not to use this tool in a way
that restricts the regular flow of communication which should be taking place every time we speak to
these individuals. He stated he believes they should be evaluated every time we talk to them. He stated
the purpose for the evaluations was to give some public insight into the evaluations and maybe that tool
could reflect a collage of all of our comments. He explained how evaluating them on the wrong day or
during the wrong project could cause a skewed view of where they stand for their full performance and
he reiterated the need to evaluate on an ongoing basis. He explained his experiences with evaluations and
believes evaluations should have flexibility and we should not put too many restrictions on it.
Mayor Reeves stated what we are putting on it is a tool to help our staff improve; employees want to
improve and to know how they stand with their superiors; they want to meet that goal and we need to
give them the tools to do that because we are cheating our employees if we do not do that. He explained
the process to evaluate at the beginning of the year, again in six months and then again at the end of the
year. He reiterated the need for the employees to do a self-evaluation.
Commissioner Harding stated there has to be open communication between the employee and the
evaluator and the best way to do that is to sit down and have an evaluation feedback session, whether it's
quarterly or semi-annually, because at the end of nine months or a year, when you sit down with the
person, it is too late for them to make corrections for that rep01i which means you are short-changing
them. He believes looking forward we need to look at the evaluation process and put something clear cut
in the evaluation process for some feedback sessions which could include objectives and self-evaluations.
Commissioner Waters stated the evaluation form is very basic and the narrative section provides a
request for feedback for goals for improvement. She stated she has no problem with adding self-
evaluation to the process and believes it is an important pmi for anybody being evaluated of a reality
check. She believes that the narrative portion of the form allows for the Commission to add objectives
and agrees with Commissioner Harding that the employees have to be given time to address those issues.
She added that if this is their first evaluation, not that we have not made request and provided feedback in
our meetings with them, they have to have the ability to respond to those. She cautioned our feedback
should be constructive; these are specific things we would like to see, goals, and suggestions for how to
achieve them. She believed often times we provide feedback, thinking it is constructive, but it can
sometimes be punitive. She explained trying to keep things as these forms are, in a broader basic way, but
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 5
providing specific goals for improvement, keeps the evaluation process productive and constructive and
not punitive which she believes is something both Commissioners Hill and Harding are speaking to. She
believes employees need to have the ability to act on the feedback we give them and in order to do that it
has to be good feedback and they have to have the time and ability to do that. She stated instituting a time
after our evaluations to see how things are going makes sense.
Commissioner Stinson stated he likes the process of performance appraisal and believes the input from
the person being evaluated is extremely valuable because it highlights or identifies areas where you may
see things differently. He stated communication is vitally imp01iant and we are doing performance
evaluations at the highest level of the City. He explained our three direct rep01is are in here twice a
month and it is somewhat obvious what our expectations are or it should be, so it does not require a
qumierly or an every six-month process necessarily; it is not so obscure what it is we expect.
Commissioner Hill suggested giving this back to the HR Director to modify with whatever changes you
would like to see in the evaluation. He reiterated that he does not want this process to turn into anything
but an improvement tool or a clear cut identification for a problem that cannot be corrected.
Mayor Reeves explained he would like to see something with objectives and goals so the employee has
something to reach out to and explained the imp01iance of self-evaluating.
Human Resource Director Cathy Berry explained she has revised the three tools to make them self-
evaluation tools and has also revised the summary sheet so the evaluations are all due next Monday at
5:00p.m. She explained the reason for the strict deadline is she has to do the summaries and compile the
inf01mation because she has a full day on Tuesday and she has to submit them on Wednesday for the
agenda.
Mayor Reeves stated the consensus is that we are okay with that and we need to take re-examine this
evaluation for next year going forward. Ms. Beny answered questions and explained she will email the
self-evaluation forms to the three positions tonight. Mayor Reeves futiher explained how the scores will
be provided as averages in an eff01i to make it fair. He thought it was interesting that from the last
Commission, those who wanted it, never filled them out and never interviewed them, which is another
issue. He indicated that the scores from the self-evaluation would be on a column next to the average
from all of the Commission.
Ms. Beny addressed the objectives, stating it is very difficult for a Commission to set objectives that are
then measured because, unless they are smmi objectives that are measurable and defined, everyone is
going to have a different set of objectives and a different method ofrating. Mayor Reeves stated after the
Commission tells Ms. Berry what the objectives are, she will have to follow those objectives and put
something together. Ms. Berry explained she has not been discussing or getting input from the City
Manager. City Manager Van Liere inquired as to whether he is supposed to meet with each of the
Commissioners between now and next Monday and the ratings will be done and the average will be
scored all by the 29th. Ms. Berry explained that each of the five elected officials and the three appointed
positions will turn the evaluations in by 5:00p.m. on Monday, August 22, 2016, she will take Monday
night to summarize them, average them, have two columns, and have it ready with a draft staff report for
the agenda. Mayor Reeves explained that the three appointed positions will meet with each commissioner
after the 29th to discuss the ratings they were given. He stated it is interesting that most people did not
even do the personal interview last year. Ms. Berry explained the process used last year. Commissioner
Hill believes it should be up to the individual Commissioners to decide if they want to meet because if
you meet with the individual employees regularly and you don't have a lot of questions, there may not be
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 8
government agency or municipality is going to pay a higher fee and no vendor wants to upset that long
held tradition. Commissioner Hill stated he appreciates Commissioner Stinson's view oflooking at every
dime more closely. He stated he feels the staff is doing a fair job and there is room for improvement, but
he does not believe we are going to get a sweeping economic windfall from doing it because of the extra
time and the element of the perceived order ofbids.
Commissioner Hill stated the reason he was going to pull 4C himself is because he does not care what the
issue is he wants to see the actual dollar amount if they are on the consent agenda, as this is the only
place this can show up in the public window.
Commissioner Hill stated he pulled item 4B because he has concerns for the safety of the crews working
those streets. He stated he feels the City should increase our requirement to our vendor in the areas of
operating with personnel and traffic. He stated he is going to leave it on the consent agenda, but in the
future he would like the City to take the extra role of making it pmi of our contract that they operate in a
safer manner through a physical banier if they are in the street.
Commissioner Waters stated when requests are made, such as Commissioner Hill's, there is no formal
follow up procedure in practice in the City and she feels it would be productive for the Commission to
consider and engage in a system to create a trail so that we are ce1iain our requests are followed up on.
She would like to see a more streamlined approach for follow up.
Commissioner Stinson called for a point of order, stating we are on 4C and he believes it requires a vote.
Motion: Approve Consent Agenda Item C as read.
Moved by Hill, Seconded by Waters
Roll Call Votes:
Aye: 2-Hill, Waters,
Nay: 3 -Harding, Stinson, Reeves
MOTION FAILED
Commissioner Stinson stated he would like to make a motion to suspend the rules in order to have a
conversation about his lack of confidence in the City Manager.
Motion: Suspend the rules.
Moved by Stinson, Seconded by Harding
Roll Call Votes:
Aye: Stinson, Harding, Reeves
Nay: Hill, Waters
MOTION CARRIED
Commissioner Stinson recalled a previous meeting where the Commission asked that if he had issues he
should bring them to the Commission for discussion. He explained the following situations involving the
City Manager that caused him to come to this point. Two separate conversations regarding the Cloister
where the City Manager did not understand the need to abide by the CDB ruling; reasons given when he
failed to get a survey for the Cloister; posted a job to fill a position in which the posting took
responsibilities out of the City Clerk's Office without first making the change to the Code; failure to
follow directive to put signs up at the Cloister South Gate; decision to change the repmiing requirement
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page9
for the Building Inspector; decision to not contract with Jeremy to help with the Gate Petroleum battle;
yelling at one of the Commissioners; taking off on Fridays for his accounting recertification without
approval; not notifying the Commission when he takes vacation; mistakes on the audit that should not
have occurred since the City Manager has a finance background and should be mentoring Finance
Director Russell Caffey; communication is dysfunctional; change in position on the need for parking at
Town Center; explanation at the Budget Workshop regarding the percent of raises; his response that he
had spoken to each Commissioner regarding what they would like in the budget, but he had not spoken to
him about it; and not sending flowers as requested on two separate occasions. Commissioner Stinson
stated he has a lack of trust for the City Manager and questions his commitment. He asked what project
has been brought to the City from the five of us that has been embraced, worked on and brought to
completion noting that Commissioner Harding doesn't have the rest of his park, Commissioner Waters
does not have her chicken ordinance; Commissioner Hill doesn't have his low speed electrical vehicle
ordinance; and he wants a tabletop exercise on emergency management but feels like he's running into a
brick wall every time he walks into City Hall to talk about something that needs to be done. He stated he
may be the only person who feels this way and if he is, he is willing to go back to the drawing board and
continue working. He reiterated that he is doing what he was told to do, by bringing it here for
discussion and not having it in private. He stated he is a team player.
Commissioner Harding stated he too was in shock during the budget workshop when the same question
was asked about whether the City Manager had gotten with all of the elected officials and received input
as far as projects they would like to see put in the budget. Commissioner Harding stated he too had never
had a single conversation with the City Manager in regards to items for the budget. He indicated he has
had numerous conversations in regards to projects he has brought forward that he would like to see done.
He stated some of those are part of the agenda. He explained his examples of concems which included an
incident during the cleanup at Jasmine Street where the Public W arks Director had taken it upon himself
and far surpassed the level that was envisioned by the City Staff which he believes the administrator is
ultimately responsible for; he has asked on numerous occasions for improvements to the Tide views Pier;
he has asked for lighted crosswalks on at least two occasions for the heavily traveled intersections; he
has asked for a repmi on what measures were taken prior to clearing the TriBridge lot and specifically
what was done to protect the wildlife on that prope1iy. He stated he has yet to receive any kind of
response. He stated on February 22nd the City Manager proposed a strategic planning session prior to the
budget workshops; on August 13 1h, two days prior to the budget workshop, he was emailed a copy of the
budget agenda and it stated it was not the City Manager's intent to disseminate the budget prior to the
workshop which he would have liked to have the oppmiunity to review and prepare for. He explained he
is a new Commissioner and believes the City Staff would want to have the additional time and one-on-
one to try and address specific projects and prepare us to make decisions that are in the best interest of the
City of Atlantic Beach. He stated he believes there is a serious communication issue here. He recalled
the last Commission meeting when the City Manager was asked if the practice is to routinely go out and
ask for a comiesy bid or comiesy update on hourly rates or the market rate today before we go out and
rebid something. He stated his opinion was that City Staff was directed to at least call and find out what
the cunent hourly rate or the cunent rate for repairing electric motors and pumps is, not what it was back
in 2012. He expressed concem that he did not have that information in his packet and it threw up red
flags as well.
Commissioner Hill explained that Government moves slow and Commissioners are no longer disgruntled
citizens, they are pmi of the team to fix the project. He believed after watching 30 years of swapping
employees and the damage done by actions like this without well thought out plans to have a position to
go forward into puts them on very dangerous ground. He stated we entered into a process this evening of
airing our laundry. He addressed some ofthe concems expressed tonight as follows: The Police Chief is
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 11
knew from the City Manager by the time she met that many people were not interested in pursuing it, but
at the same time providing parking solutions for Town Center is a long-term necessity on the City's
agenda and something she believes in. She stated it does not mean pursuing parking solutions at Town
Center is a fiasco or bad decision on the City Manager's part. It means this solution that came up as an
opportunity with some good reasons to be presented to us was not the solution our citizens and our
Commission decided to unde1iake. She addressed the tabletop exercises explaining that she sat down
with Lieutenant Vic Gualillo and he has an unbelievable knowledge of the emergency preparedness plan
for the City and how it interacts and he communicates that on a regular basis through regular meetings
both with his subordinates and with Chief Deal and with the City Manager. She expressed concern over
the lack of recognition for the job that Commander Gualillo has done. She added that employee morale
is something that was mentioned and she thinks employee morale does have room for improvement. She
explained her meeting with Jeremy Hubsch was completely different noting that the lack of suppmi from
the Commission for City employees in these chambers played a huge role in his decision to leave. She
indicated that if he was going to get beat up from citizens and beat up in the hearing and the commission
was not going to support him he could look in the private sector and do less work and make more money.
She further explained Mr. Hubsch's willingness to come back and do work for the City. She addressed
the chicken ordinance, stating that was actually Commissioner Hill's ordinance and is something she is
working on. She indicated she has talked to the City Manager about it on four separate meetings and he
is fighting her a little bit; but believes it is good productive fighting and it makes a better ordinance when
she decides it is time to bring it. She commented on his input being incredibly helpful and that he saves
the City a lot of money. She stated she had projects she has brought to the City Manager that he has
helped her complete that have gone through. She believes there is room for improvement in terms of
communication, but there was a lack of communication under the direction of a previous long-term City
Manager and that culture is not something that changes quickly because it was in existence for a long
time. She explained they need to address the culture and provide productive solutions to move forward
and address some of the concerns that are brought up. She mentioned looking into software that may
help in tracking. She mentioned the complaint filed by Mr. Jorgensen and explained why she does not
disagree with the City Manager that permanent records in the employee files are not appropriate in this
case. She explained the cost of change is very high and noted the cost of our legal fees skyrocketing as an
example. She reiterated that the cost of change and looking at productive ways to go fmward together as
a Commission are things that ought to be considered in this discussion.
Mayor Reeves called for a break at 9:03P.M. and called the meeting back to order at 9:14p.m.
Commissioner Stinson stated he wanted to respond to some of the statements that were made. He has the
utmost respect for his fellow commissioners and heard what they are saying, but wants to clarify. He
explained that the signs put up were not what they asked for which is why they were not enforceable and
had they been what were asked for they would have been. He mentioned the HRO meetings and how it
was one reason he ran for office. The tabletop that was done was not an exercise in our emergency
management plan, it was Jacksonville's. He stated that if the plan is so good, all he wants to do is
demonstrate that and does not understand why there is so much resistance to that. He explained that as far
as communication, he did not count, but he would venture to say that 95% of the communication between
the City Manager and himself is initiated by him stating that it is rare that he gets a phone call or an email
from the City Manager asking for his support, asking to talk about something or giving him infmmation.
He believes communication is an issue, but not the primary issue. He addressed Commissioner Waters'
comment by clarifying that the CDB ruling was about 11 months before they took office. He explained
there was a solution and he brought it forward twice but nothing happened. He expressed his frustration
when government works slowly when it does not have to and stated the cost of an employee bidding
something out is an easy demonstration. He stated that parking is important to our City and our Town
August 22, 2016 REGULAR COMMISSION MEETING .
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 13
asked for things such as an American flag at the five-way stop and a plaque for the Army camp. He
wonders why they were not updated on issues, so he would not have to ask. Mayor Reeves stated he
hears people talk about transparency and feels the Commission does a good job about being transparent,
but his problem is that City Staff and government is not transparent enough to let people know. He
believes it could stop some of these letters to the editors if we would just be proactive and get the word
out. He believes that the City Manager does care very much. Mayor Reeves explained a time when they
got into an argument when the question of why Mr. Van Liere wants to be a City Manager came up.
Mayor Reeves believes Mr. Van Liere means well for our City and is a very smart man. He believes that
whether it comes from citizens or a Commissioner, if it is not the City Manager's idea, it is not something
we can move forward with. Mayor Reeves indicated he did ask for something for this budget and asked
the City Manager to reach out to the other Commissioners, which he said he did, so I took his word for it
and he did say he could not reach Commissioner Stinson because he was out of town. Mayor Reeves
indicated he asked the City Manager how often he calls a Commissioner and tells them what is going on
or call a Commissioner and ask what their thoughts are on a question and his answer was none. Mayor
Reeves recalled a conversation he had with Mayor Borno about how often he heard from his City
Manager and was told the City Manager called all the time to brief and let him know. He believes we
can improve as long as it is a two-way conversation. He explained some of the debates were about why
citizens call the Mayor or a Commissioner instead of the City Manager. He explained it could be because
our website does not make it easy to find who to call or who to talk to and is not sure the citizens know
who our City Manager is. He reported the Beaches Chamber of Commerce is a very important
organization for our businesses here and requested the City Manager start attending those meetings and
represent the City so he could see what was going on and to know and listen to the heartbeat of our
community. Mayor Reeves stated he assumed Mr. VanLiere would be there, but was not able to be. He
believes the City Manager is hard worker but is concerned why someone works every Saturday and
Sunday to keep up with everything. He believes a person has to want to improve, but does not feel that.
He stated that is his frustration. He reported he meets with him every Monday and will continue to meet
with him. Mayor Reeves explained the need for this to be worked out and requested having a Round
Table Meeting on September 1oth to continue these discussions in an effort to work out these differences
because something has got to change. He explained that the City Manager is the heart of our City and all
the blood runs through him and when a Commissioner asks the question why are we going out to bid on a
building that I don't see in the budget the City Manager should know what that building is; somebody
should have signed off before the bid went out. Mayor Reeves reiterated that Mr. Van Liere is intelligent
and means well and wants to do what is best thing for this City, but he has to be willing to work with us
on that and if he is not so be it.
Commissioner Hill believed the Commission does not understands a lot of what is going on sometimes.
He referenced Commissioner Harding's comment regarding the Aquatic Drive project and explained that
this board, without his vote, approved clear-cutting the property and you cannot go back and ask for a
wildlife survey when the lot is dirt; there is no wildlife there to talk about the impact. He explained the
liability problem it would put the City in. He stated the budget is the Commission's budget, not the City
Manager's and if you want something, you should add it because it is not his job to add it; it is his job to
bring us the City's function. He believes the main issue is a breakdown in communication.
Commissioner Hill recalled the previous City Manager having weekly meetings with the Commissioner
and stated he is going to ask Mr. Van Liere if he would make that an automatic thing on a regular basis.
He explained the issue that he sees is we are all expe1is of everything up here and it is a tough
environment to put a City Manager in and not give him clear direction. He believes we need to give the
City Manager an oppmiunity to start the communication process over and he explained why.
Commissioner Hill stated he believes the Mayor does not understand his role and he is managing when
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 14
he is supposed to be directing. He stated we are not managers of the City; we are the administrators; we
set policy; we do not dictate how it is administered.
Mayor Reeves brought up a Commissioner that does not come get his packet until the last day and
wonies about our sister city next door. Commissioner Hill responded saying you are trying to deflect on
other issues. Commissioner Hill explained he has tremendous faith that the big stuff is getting done and
tends to not dig into the idea of a pump purchase or an electric motor purchase because he understands
the concept of a piggyback. He explained we have a manager who is willing to do whatever we ask him,
but we have to be reasonable; we have to let him manage; get out of his hair; stop reaching into the
departments individually and giving tasks and doing things that are not part of our role; trust that they are
getting done noting that if they do not get done adequately we will hear about it from the citizens. He
indicated he has listened to eve1ything and does not see anything that would require this type of action.
He expressed his concerns about making changes to personnel at this level stating it would be the most
disruptive thing and you will spend most of your administration dealing with it. He stated he is going to
challenge everyone involved who spoke tonight, to educate themselves extensively about the process
moving forward so that you understand what we can and cannot do legally in the way we frame any
action because the last thing we need to do is get into another big battle. He explained there is a way to
make changes and a way to not make changes and we have to be careful. He does not believe a change is
needed and it worries him that it happened this way and it has a sense of orchestration to it. He believes
some of this is their fault and they need to go back to the employee and make the employee fit what we
want him to do. He believes a weekly meeting would solve most of it and believes they are more
frustrated with government than our manager. He explained he does not believe the workload is well
understood by this Commission. He spoke in support of improving going forward and then evaluating,
but stated if this was an action to try and bring us into another period of unrest, he does not have it in him
and cannot see how this City can survive that type of turmoil every election; it is counterproductive. He
believes it is much more efficient to try to fix it ourselves and hopes that is what they can do.
Mayor Reeves explained he respected Commissioner Hill's comments and agreed that he has the most
experience about firing and replacing people and he appreciated what he went through.
Commissioner Stinson addressed the impmiance of an emergency management plan for 14,000 people
and the responsibility of the City for it. He responded to a comment by Commissioner Hill and explained
that he did not manage, he asked questions and he asked for infmmation. He reiterated the
communication problem with the City Manager and that when someone asks the City Manager if he has
spoken to Commissioner Stinson about something and he has not spoken to him, the answer should be
no, not yes, I have talked to everyone.
Commissioner Waters stated it was clarified that Mr. Van Liere said he had spoken with budget concerns
with everyone on the Commission, but one Commissioner and he had not spoken with Commissioner
Stinson. She recalled a comment made by Commissioner Harding that he had spoken to the City
Manager previously about budget concerns. She reported that the City Manager did ask her if she had
anything for the budget but they were already included. She expressed concern about this feeling as if it
is orchestrated and explained her reasons which included the City Attorney looking into the City
Manager's contract to dete1mine whether it was properly executed and the Mayor and City Manager
having a heated discussion about his severance package. She believed it has the feel of multiple people
trying to execute an end goal, not working to solve problems. She gave Mayor Reeves credit for being
here all the time and for speaking with the City Manager on a regular basis and for reaching a point
where they work together. She explained she starting looking into this after hearing it from a citizen,
city employees and from the City Attorney. She explained that she and the City Manager have regularly-
August 22, 2016 REGULAR COMMISSION MEETINlJ
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 15
scheduled meetings and they have been incredibly productive and suppmis Commissioner Hill's
statement that we should all move forward with those meetings. She stated the initiation of contact
certainly is not the end all and be all of contact. She believes having a regularly scheduled meeting and
making time every week to meet with the City Manager is something all of us can do to improve
productivity and communication in the City. She reported a time she had met with a department head
who had some legitimate issues with the City Manager so she went to Mr. Van Liere about them and not
only did he take the advice, but also that same employee said it has been a world of difference. She stated
she has had some really productive communications with Mr. Van Liere and believes there is room for
productive communication on many levels. She stated she would like to see us engage in more of that
kind of activity not laying out a trap for the City Manager and she described two scenarios which were
about the agenda and the Saltair meeting. She reiterated that communication is a two-way street and
working on communication does alleviate issues. Mayor Reeves responded to Commissioner Waters
concerns regarding the Saltair meeting. Mayor Reeves repmied that since he does not get any actions by
verbal communications, he has decided to put things in writing.
Commissioner Harding responded to comments made about orchestration stating first of all he has been
dealing with emails in regards to the south end of Seminole Road from several different citizens for two
to three months now, that is what prompted him to do away with the elected officials email. Those emails
continued. He met with the City Manager and, in his opinion, he got an explanation that was not
satisfactory and he expressed that to the City Manager at that time. He stated that in the last two weeks
he has received numerous emails and met with several citizens and was prepared tonight to address his
dismay with a couple of issues, not all of them. He explained the list of items that he mentioned earlier
were all in the agenda and are all at the end of the Commission meeting. He explained some of the
concerns that he has been receiving either by email or face-to-face has ranged from transparency in the
City Staff, competency, to outright indifference to their issues. He commented about the Aquatic Drive
Project explaining his specific request was because of all of the concerns that were addressed during the
Comiesy of the Floor and he simply asked to get with the contractor and find out prior to the them
beginning to clear the land if there were any preparations made or preplanning in regards to the wildlife.
He addressed the comment about the budget being "our" budget stating how can he adequately prepare
when he gets the budget two days prior to the budget workshop and is told I was not going to pass this
out, but I was asked to so here it is. He indicated he would have liked to have been better prepared if it is
his budget. He explained he is not saying the City Manager has failed to answer anything that he has
asked; he is on the phone with him quite regularly with issues and there are a lot of issues that are taken
care of He explained he was on the phone with him most of the day before the tropical stmm and things
were done, but there are issues that have not been been done. He stated he is simply saying that he has
been in office for 9 months and he has yet to have any kind of sit down and conversation about what the
expectations are, what the directives are, any kind of performance feedback and now he is supposed to do
an annual evaluation. He believes if we had our feedback session, sometime during those 9 month,s
which is almost a year, maybe it would get a little easier and some of these issues could have been
resolved. He explained in regards to the comments about orchestration, his concerns and his comments
tonight were prompted from meetings with citizens who took their time to meet with him and took their
time to email him and he has been conversing with them by email.
Mayor Reeves asked for consensus to finish the one item the people have been waiting for and then come
back to this discussion. It was the consensus to move on to the item and come back to this discussion.
8. Miscellaneous Business (Discussion only)
August 22,2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 16
A. Request for a waiver as permitted by Section 24-46( d) to waive the prohibition of body
artists within the Commercial General zoning district as required by Section 24-111 (b) at Saltair
Section 3, Lots 810 to 816 and 838 to 840 (aka 469 Atlantic Boulevard, Unit 11).
City Planner Derek Reeves presented a slide show as he explained the waiver request and the
recommended conditions which are: 1) That the business remain in compliance with Chapter 64E-19 of
the Florida Administrative Code; and 2) That the waiver is granted to the applicant only and shall not run
with the title to the property. He also explained that the action taken tonight is to get consensus to move
the item forward to a public hearing on September 12, 2016, noting that if this waiver is approved we will
also consider the approval as required under Section 20-59. City Attorney Durden explained a recent
decision made by the Federal Court finding that tattooing constitutes atiistic expression which means it is
protected under the first amendment and as a result of that any regulation of that type of use must be
promoted and suppmied by substantial governmental interest and the cou1i will review any kind of
regulation of these uses with strict scrutiny. It is a much higher degree of review by the Federal Court
than a normal typical decision by local government. She stated this decision was made in December of
2015 and was in fact by the comi declared to be a case of first impression and what that means is that it
was the first time that the Eleventh Circuit has looked at the issue. She explained that given that decision,
she recommended that the Commission move this for public hearing at its next regular City Commission
meeting.
Commissioner Stinson brought up a conversation he had with Ms. Durden about prohibited things in our
Chatier that could be construed as artistic expression. He agreed with the recommendation to move this
forward and believes there are a whole host of things coming behind this that we better get out in front of.
City Attorney Durden suggested having a round table discussion or a workshop regarding first
amendment issues. She offered the Commission a copy of the Eleventh Circuit case.
Mayor Reeves asked the applicant to come forward to answer questions.
Commissioner Hill asked applicant, Georgina Salzer, 109 Pine Street, if they would be willing to add a
third condition that there will be no smoking paraphernalia sold at this business. Ms. Salzer agreed to
doing that. Commissioner Hill asked Ms. Durden if that would be an acceptable addition if they agreed
to it. Ms. Durden confirmed that as long as the applicant voluntarily agrees she does not see that it is an
lSSUe.
Commissioner Waters asked the applicant what their planned hours of operation are. Ms. Salzer stated
they will be closed on Tuesdays and Wednesdays; Mondays and Thursdays open 12-8, Fridays and
Saturdays 12-10 and Sundays 12-6. Commissioner Waters asked City Planner Derek Reeves ifthere are
any limitations in that district about hours of operation. City Planner Derek Reeves confirmed there is no
restriction on hours of operation on this type of business.
Commissioner Waters expressed late night hours being a concern for businesses with late night imbibed
individuals wanting to get a tattoo being disruptive or not a positive influence. She asked if there is any
objection to putting in a limitation about not operating after midnight on any night and if it would be
allowed.
City Planner Derek Reeves stated they do not plan to do tattoo, piercing only.
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 17
Ms. Salzer spoke to the imbibing, stating it is illegal to perform any of these services on someone who
has been drinking and we follow those rules very carefully. She confirmed that she has no problem with
putting in the limitation of midnight.
Consensus from the Commission was to move this item forward to September 12, 2016.
Commissioner Hill confirmed with Mayor Reeves that the language he requested would be brought back
as an additional condition.
Mayor Reeves apologized for the delay and stated we will go back to our discussion. Commissioner
Stinson requested that we go through items 8B, 8C and 9A because he believes 8B will answer questions
about coordination and some of the other comments that were made. Mayor Reeves asked for
clarification of his request. The decision was made to go back to the Consent Agenda.
Motion: Approve 4A and 4B as read
Moved by Hill, Seconded by Stinson
Roll Call Votes:
Aye: Stinson, Waters, Harding, Hill, Reeves
Motion Carried
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
None.
Mayor Reeves explained that the moratorium ordinance did not make the newspaper because of a mistake
of the newspaper so it was pulled off the agenda. He asked the City Attorney, even though it was not
adve1iised in the paper, it was mentioned in our meeting that it would be scheduled for a public hearing
tonight, is he required to open a public hearing and just not close it because we did not take any action.
Ms. Durden stated, in this particular instance, no.
B. Commission Direct Reports Contract Approval Process. (Commissioner Stinson)
Commissioner Stinson explained how this issue came up stating this was brought to him by a group of
citizens that came and said this seems to be a scattered approach to how you approve contracts, in
pmiicular the City Manager's contract had never been brought back to the City Commission for approval.
He explained his research and the request to the City Clerk for documents related to this contract
approval process. He explained there was question because the prior Commission discussed contracting
the City Manager; they directed the Mayor, the previous City Attorney and Mr. Van Liere to go out and
negotiate a contract based on ce1iain guidelines and parameters the Commission gave them; the contract
was then executed and put into place; we had just gone through the process of contracting with Ms.
Durden and he was not here when Ms. Bmile's contract was approved, so he started doing research on
that. He explained the reason he put this on here was because every time they have done it, they have
done it different and he does not understand and does not feel it is right, noting they would not have let
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 19
to hire the City Manager and highlighted the difficulty they had with finding a good fit and meeting
restrictive requirements given by a previous Commission with an agenda. He stated he likes the idea of
opening the option up as a general consensus, long-term solution for any Commission going forward. He
added having our hands tied on some pretty super specific issues was not the best solution for the citizens
so he kind of agrees with where this may be going.
Commissioner Waters agreed there are both benefits and drawbacks to limiting flexibility in the search
process, but she stated she is disinclined to tie future Commission's hands by limiting it. She stated
contract negotiations are just that, negotiations and she understands setting a template for a process, but
she thinks that sometimes an organic process really can benefit the City and tying future Commissioner's
hands at this time is not something that particularly appeals to her. She stated in having brought this item
forward as a way of touching on the lack of coordination, she would like to address it in that sense as
well. She stated, in discussions with ethics, it is very clear that using citizens as a go between is
unethical, but difficult to track and the fact that things are brought to us fi:om citizens is sometimes
absolutely true, but also a means of coordination. She added that she is not going to say this particularly
answers, especially when some of our citizens are bringing different pieces to different commissioners, it
actually adds to the feeling of coordination in this area.
Mayor Reeves explained he had asked for a copy of the City Clerk's contract and the City Manager's
contract and did not request the City Attorney's contract since they had already discussed it. He also
explained he instructed HR to notify the City Manager that he did get a copy of that and believes he was
very open about directing asking for those.
Commissioner Stinson explained that when he referenced a recipe, he was not meaning a recipe to define
qualifications or experience or years in your role. He explained he would like to see these contracts
renew every two years, on the off cycle of an election year and that the contracts are not negotiated by
just one elected official. He stated that Commissioner Waters' comment was accusatory, and finds it
offensive and thinks it deserves an apology. He stated he has not spoken with anyone with the exception
of our City Attorney about that particular issue, he did not communicate and has specifically stayed away
from communicating with our residents about that and he is offended that she would make that
insinuation. He reminded the Commission that they asked him to do this in public, they did not trust it
being done one-on-one and if the issues were that big, do it in here. He stated he did and he is being
crucified for it.
Commissioner Waters apologized that Commissioner Stinson feels offended. She believes it is
valid to bring up concerns that all of us have. She explained it was brought up in such a way that it was a
hand grenade lobbed with a specific agenda to this Commission. She explained Commissioner Stinson
should have brought it up to the Commission sooner in order to have a productive conversation that they
could have added to and made specific requests which she believed is what the Commission asked of
Mayor Reeves. She spoke about addressing concerns in our regular manner when they are small
concerns and doing something productive, not wait until you make a case to lob a grenade and end
someone's career which is a big deal that has been done twice in less than nine months. She explained it
has not been a conce1ied effmi and there has been no consensus building. She explained she questions
what the goal was if the goal was not to be productive. She reiterated the reasons she had concerns and
explained that she did not mean to make him feel offended, but does believe the way this is happening is
less productive than it could have been and brings into question why it happened only at this point.
Commissioner Stinson explained he has raised these issues in City Commission meetings over and over,
has asked about the same things over and over and over, and has spoken to the City Manager about these
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 20
things individually until it boiled up to this point. He explained he has tried to respect what the
Commission asked him to do and that he did it the way he was asked to. He stated he is sony it feels
concerted to you. He stated he had concerns, they are not being addressed, things are not being resolved,
he brought it to you and this was the result.
Commissioner Waters and Commissioner Stinson reiterated comments brought up earlier and debated the
issues. During the debate, Commissioner Waters suggested developing a system for a better way to
follow up on requests which is something she will be putting in the evaluation.
Commissioner Hill commented on Commissioner Stinson's intentions. He explained to Commissioner
Stinson that he has to make sure he is happy because they have to move forward and work together. He
stated that he listened very carefully to every complaint by every Commissioner and he agrees with some
of them and is willing to say there is room for improvement everywhere, but he also believes that half of
that improvement is on this side of the dais and not in the City Manager's lap. He explained the
Commission is not doing a great job; we are not doing what we are supposed to do because we are all
trying to do what the City Manager is supposed to do and that is probably where it stmied down the
wrong track. He commented that if he felt he had an employee that was either incapable or not willing,
then he would be 1 00% with him or anyone else with the same feeling. He believes they need to establish
a regular chain of communication and look really hard at your concerns after that happens because
everything he saw on the list has more to do with communication than function. He also suggested asking
ourselves what we are loading our staff up with. He expressed concern that any one of us can give hours
to the City Attorney to do anything and suggested all Commissioners having a bank with usable time.
He stated we also should not ask the City Manager for information that is not part of what we are
supposed to be doing which is to set policy. He explained that he does not think this employee has done
anything specifically that warrants action other than corrective action and he agrees that there might be a
need for that. He reiterated that if Commissioner Stinson is not happy, then they have to address that but
we have to give him the credit to address it in some way. He explained that the City Manager has always
been responsive to everything he has ever asked which is probably what makes him pretty confident that
he is capable. Commissioner Hill believes the Commission is not providing the City Manager with what
he needs. He explained that one of the things we have to do as a Commission is we have to go forward
from this stressful night. He asked Commissioner Stinson if the intention was not to fire him, is there any
room to work with him.
Commissioner Stinson explained he has these concerns; believes those concerns are very valid; does not
think the things that he thinks are important are getting worked on; and does not think the things that the
citizens he represents want to be done are being done. He stated he will ask a question but does not want
an answer tonight. He asked the Commission what they would have prefened him do. He reiterated how
impmiant these things are to him and that he is getting nothing done and it is frustrating. He answered
Commissioner Hill that he is obviously the only one that has these kind of concerns; he is willing to work
on it; he is willing to try to make it better; he wants them to tell him what their expectations are of him so
that he can do what they expect of him when he has a concern instead of the nuclear option of dropping a
bomb.
Commissioner Hill explained that the tabletop exercises for emergency management is pointless to him
and he explained why. He believes the part that is missing is that it is not disseminated out and explained
why it is an easy fix. He explained each one of the Commissioners individually have expectations of
what this job does and his expectations are very different because he is looking at different issues as
higher priority. He commented on everyone having frustrations because this job does not move fast and
August 22,2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 21
cautioned the Commission about getting into a long disruptive employee swapping scenario where we
lose all of our department heads cause they are somehow attached to system.
Mayor Reeves addressed Commissioner Hill's comments about overworking staff. He explained that
they are not talking about large projects stating Seminole Road has not been completed in two years and
does not know if it will be completed under their te1m. He explained he believes what they are talking
about is the opportunity for the City Manager to stmi communicating and managing and should walk out
of here tonight asking himself what he has to do better to be a better communicator to the Commission
and the citizens of Atlantic Beach. He mentioned having a big employee tum over of people hired by the
City Manager and the software that cannot run a simple repmi. He explained he is still open to a
roundtable discussion to continue this topic and work it out.
Commissioner Hill believes the roundtable meeting is a good idea. He explained his thoughts on the
Seminole Road project and how the City Manager recognized that the people involved in design and
install botched a major project. He stated it deserves a relook. He explained the importance of putting
fresh eyes on it and believes it will move forward organically.
Mayor Reeves asked Commissioner Hill if he has ever spoken to the City Manager about his concern
from 8 months ago to revamp the permitting depmiment because they were not doing anything right.
Commissioner Hill answered that he believes it is underway and he is paying attention. Commissioner
Hill and Mayor Reeves debated the subject of staffing. Mayor Reeves explained a recommendation he
had made to the City Manager about contracting the Fire Inspector at Neptune Beach for $30 instead of
paying Jacksonville $50 and the response he was given was that we are not in business to make money.
Mayor Reeves explained that the $20 savings should be passed on to the citizens.
Commissioner Waters addressed Commissioner Stinson's question about how something like this should
come before the Commission and reiterated what she said before stating if we have deep and important
concems, they should be brought to the Commission when they have workable solution, not when we
have a pile of deep concems that have a solution that is a nuclear option. She explained that the objection
to what happened to our City Attomey was that a nuclear option was instituted without input from the
entire Commission; however, we are in a situation again where a nuclear option is brought to us. She
gave an example of her idea of handling concems by expressing the concem, bringing a solution and
asking for consensus among the Commission for a working solution. She reiterated her concems that
Commissioner Stinson is using the nuclear option instead of doing something about it when there was a
failure and breakdown in communication. She pointed out that employees feel demoralized and are
wondering when they are next. She reiterated the need for finding a workable solution but needs
Commissioner Stinson to say that they are right, that he is frustrated, he was angry , he went with the
nuclear option, but he can see a path forward and we can work on this. She expressed her supp01i for a
roundtable discussion, getting goals, getting expectations and setting a process for answering concems.
Mayor Reeves asked Commissioner Waters that if we had a roundtable and moved this discussion on that
if the issue is not cleared up, you would suppmi moving forward with some changes if we offer solutions
and those solutions are not taken advantage of.
Commissioner Waters explained that if we as a Commission move it forward, we provide solutions, we
have a measurement/metric that is agreed on for assessing whether or not those solutions are fulfilled and
they are not met, she can move forward any direction.
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 22
Commissioner Hill believes that if we have an employee that a number of us have a problem with and we
do not think that employee is working to resolve the issue, any one of the Commissioners would come to
the conclusion that Commissioner Stinson appears to already be at. He stated he 100% does not see the
volume of problems; he sees the individual issues brought, but he also understands the issues and he
agrees some of them needs to be worked on. He reiterated his concern about having a destructive process.
Mayor suggested that the City Clerk check with everyone to see when would be a good day to do a
roundtable to continue this.
Commissioner Harding believes they need to get into discussing the evaluations. He explained that he
came up with solutions which are to improve communication, have feedback sessions so the employee
knows where they stand during the year, and do not wait until the evaluation period to sit down with
them, instead have ongoing communication. He understands there may be issues from the
Commissioners but believes we need to improve communication going both ways. He also believes there
should be timefi·ames involved in responses and that does not go just for responses to citizens, it goes to
responses to the Commissioners as well, stating if someone calls him and it is important enough to them
to call me, it is important enough to him to contact the staff and it should be important enough to staff to
get back with me and let me know what they found out. He reiterated the need for feedback and open
lines of communication both ways.
Commissioner Stinson commented on Commissioner Waters' question. He explained there is a path
forward, but it has to include being heard and he has to be able to feel like he is making a difference and
accomplishing something here noting why else would he be here. He reiterated there is a path forward for
him. He believes he does an excellent job communicating by emailing a lot and calling when he had
questions and he is willing to bear half the burden of that communication issue, but only half. He
explained he needs the Commission to trust him, because when they told him not to do this in private he
took that very serious and he needs their trust. Commissioner Stinson and Commissioner Waters debated
the topic of trust and how this item was brought up. Commissioner Stinson reiterated that he has been
talking to the City Manager about his requests over and over and he has not just let this set and fester. He
reiterated there is a path forward noting he does not know how the City Manager feels, but it has to
improve for him.
Mayor Reeves explained it is time to hear from the City Manager.City Manager VanLiere commented
about this being five hours of the most fun he has had in his life. He explained he wrote down, as fast as
he could write, the laundry list of issues that Commissioner Stinson went through. He believes he has an
answer to or rebuttal for just about all of them that he does not want to go through tonight. He
commented on when Mayor Reeves asked him why he wanted to do this job explaining he sat in finance
for 15 years and when the oppmiunity came up to be able to actually put some of my ideas that he has
been thinking about for years into helping the City to be a better place, that is what he wanted to do. He
explained he is about building a police station, renovating City Hall and the park, building kayak
launches, roads out to Dutton Island, annexing prope1iy, and settling lawsuits which are the kinds of
things that excited him when he took the job to come here to do. He believed that through the staff, they
have accomplished a lot of things since he has been the City Manager and he started out doing the
Finance Director's job and the City Manager's job for a year while the prior Commission decided if he
was going to be the City Manager. He explained that after that year he decided to take that position and
believes through the budget process, we have accomplished a lot and that pmi of the problem with this
Commission is they are not working on their budget, they are trying to finish the prior Commission's
project list. He explained, next month they will approve their first budget where you will get to fund the
things that you want to do. He reminded them that he did say in previous Commission meetings that if
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 23
any of you have anything you would like to see in the budget, please get with me. He explained he and
the Mayor meet on a regular basis and he knew what was most impmiant to him and he tried to put that
in the budget the best way he could. He mentioned giving Commissioner Waters and Commissioner
Harding the oppmiunity to put anything in the budget. He explained he did not sit down and have a
budget meeting with them, but he will meet with any of them anytime as long as it takes to talk things
through even if it is 10:00 p.m. at night which he has done and he will continue to do. He added whether
it is in his office on Saturday or Sunday or in the evenings, before or after meetings, it does not matter; he
has no end to the amount of time that he will devote to discussing any issues they have until they are
thoroughly beat into the ground. He refened to having meetings in the conference room looking at
surveys of prope1iy trying to decide what curbs should disappear or fire hydrants are in the way and try to
fix the 1 01h Street problem which is going to take a long time. He explained none of these issues were in
this year's funding plan to achieve, but with the police building under construction, conference room tom
up, no code enforcement officer to answer the daily complaints about grass growing over the sidewalk
and pulling people off of mowing medians to come fix what is in front of one resident's house, that is
what staff is doing for the Commission and believes they are probably doing more work now than they
have ever done in the history of the City. He believed they are working hard and to come and sit and
listen to the Commission take shots at him for all of the things that they say are not being done, he
apologizes to staff if they are feeling any of this pain themselves because he believes they are trying
really hard to keep up with the huge workload with a lot of holes in the operation and a lot of missing
pieces. He believed one of the most important topics this year is what to do with our land development
regulations and he does not have a community development director. He added we have a CRA going on
and he is not there; he was the department head for the building department for the report that they want
and does not have a repmi until he can get a report. He explained he had conversations with
Commissioners about almost all of these issues that came up tonight noting we talk about them, give
explanation, and appear to be okay with them and then a month or two later here we are talking about
them as if we never discussed why things are the way they are.He stated if you are not going to be sincere
about listening to what is going on in this City, if you just want to drive by, take your shots, he can take
them. He indicated he can sit here and take anything that they will throw at him; he won't enjoy it and
does not believe staff appreciates watching this or being a pmi of all of this, but if we are going to go
forward and work together about communication, he lives in his office and is always there and has
somebody that answers the phone for him too so there is rarely a missed phone call. He mentioned
having a cell phone and texts from Commissioner Stinson about him not being able to meet. He stated be
sincere if you want it to work; he will sit and listen and communicate as much as they care to and he has
probably never asked anyone to leave my presence because he was done with them; he takes it to the end
way too much. He addressed the budget workshop explaining that the reason they did not get the
information in advance was because they are new, except for Commissioner Hill, and they have not seen
the document before and knows that they would take the document to their friends and stmi talking about
it and not understand how the funding is put together. He explained we have two budget workshops and
two more public hearings and is available to discuss it any time after the time he delivered it and wanted
to give a presentation to be able to explain how the thing was laid out so they would not get confused
right off the bat. He believed that is not uncommon, but everybody wants to have it before the other
person and he could not do it that way; he needed to do a presentation to explain what was in the budget
and from that point forward ask as many questions as you like; add anything to it you would like; it is
your budget. He explained that if they have a project, ask him how to fund it and he will try to get it in,
but he believes they do not have any ideas. He explained the budget is a basic service level budget with
some ongoing issues and what we heard this year was drainage, so it is loaded up with drainage projects.
He explained they have some oppmiunities with the millage rate and a community development CRA
funding if you like, but other than that he did not get any projects that the Mayor wanted to have done;
code review and drainage is what he heard this year. He mentioned finishing the police station and
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 24
rebudgeting Seminole Road and the option that they can stop the project if they do not want to do it. He
stated he enjoyed this job for a couple of years and if we are not going to be able to have trust and
communication and go forward, then, you have all read his contract, take a vote, that is what it comes
down to; otherwise, he would appreciate working with him and being sincere about getting stuff
accomplished because he does not want to be coming to work every day and his family wondering every
day if he is going to have a job. He added it is not very motivating and it definitely does not inspire grand
things when you are constantly looking over your shoulder. He stated, so either get on about your
business and do something about it or decide that we are going to go forward and work it out. He
believes you have to understand the limitations of this small city and this small city staff when we miss a
person, things do not get done, there is not a backup, at almost all of our positions we are one deep,
maybe two. He explained that if he has to take an employee and move them to another office and give
them some additional duties, that is his business, not yours. He further explained, if he has problems
with my building department in getting reports out, that is his problem to deal with, he should not be
asked about ce1iain employees that maybe should not be around anymore and have to constantly be
wonying about my staffing and who is going to be talking about what person is going to be next
including him. He explained his staff is not stupid, they watch these videos and they see what is going on
and he spends a lot of time having to explain why things are the way they are and why they are treated
they way they are treated. He expressed that if you want a well-functioning city government then you
ought to respect the staff, respect him and respect that they can do a job and have been doing a job. He
explained the Commission is new and are just taking these jobs for the first time and it is as if you came
here knowing everything about what we do and assuming so many things that we have to then back up
the train and have to explain. He reiterated that he is willing to work and go forward and listen and try to
solve problems stating they are not all solvable with the resources that we have and the timeframe that
you would like. He wished this could be better and apologized for his part in that. He explained he does
have a little bit of pride and this is kind of hard to take with all the work that he has done and his staff has
done to get us where we are right now. He reiterated he is willing to work if the Commission is.
Mayor Reeves addressed Mr. VanLiere's comments and explained he appreciated his comments but was
a little disappointed that he started out mentioning he wasted five hours that he would never get back and
he never heard him say that he understood and heard our frustrations and were willing to work with us.
He believes all of the Commissioners said that they will work with you, but you have got to work with us
and whether he likes it or not, he has to respect each of the Commissioner in a different way because they
all have different personalities. He explained he is a little uncomfortable about the City Manager
challenging a vote, but believes he will leave here and that he has the message that the Commission
wants the citizens to get the answers and believes the City Manager is capable of doing it if he wants to,
but if he does not want to, then it is a different situation.
Commissioner Hill responded to the City Manager's comments stating he cannot think of a better reason
to keep him, because a professional city manager would have done what you asked him to do just now
and then he would have applied tomonow for another job. He believed this city manager is dedicated to
this City and he wants him to do his job and for the Commission to get out of his way. He asked the
Commission to get out of the City Manager's way and let him.manage if he decides to reengage. He
reiterated concerns about how the Commission has crossed the line between managers and policy makers.
He explained how changes could be made if the job does not get done and he hopes Mr. Van Liere
reengages.
Commissioner Waters apologized to Commissioner Stinson about an inconect statement she made earlier
about the timing of the Cloister. She believed what she heard from Mr. Van Liere's response was a
combination of an incredibly human and incredibly dedicated response to this City. She also believed he
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 25
wants to do this job and he sat in front of his staff for five hours and took a beating that she does not
know any of us would handle so gracefully. She indicated that she heard in Mr. VanLiere's response a
vision and a desire to move forward and his dedication to the City and would like for people to put
themselves in his shoes of taking a beating in front of his subordinates for five hours and think how they
might respond before anybody gives him a hard time again. She believes there is a way to move forward
and to move forward as a Commission too. She explained how Commissioner Stinson asked her for trust
and she believes that trust was in place. She explained sunshine laws do prevent the Commission from
reaching out to each other and limits communications and would have liked to have reached out but there
was no way to do it. She requested that when a Commissioner is frustrated again and again, bring a
solution forward and build consensus and she gave an example. She spoke about the need to develop a
vision, align staff with a vision and inspire them to achieve that vision and to build trust.
She suggested ways to communicate and rebuild trust and hoped Commissioner Stinson will accept her
solutions as a form of apology because she does respect him and wants to work with him and put the
negative feelings aside. She believes the Commission should set a good example for all the employees
and for the City Manager and Commission going forward.
C. Discussion on a Tree/Beautification Committee (Mayor Reeves)
Mayor Reeves explained to Commissioner Hill that since he was absent at the last meeting and had some
interest in this he asked that it be put back on the agenda. Mayor Reeves explained he is not interested in
a tree board but he is interested in a tree committee.
Commissioner Hill explained that the goal is to protect the tree canopy in a way that is responsible and
legal and to better frame the responsibilities. He expressed the need to workshop it and believes there are
a lot of engaged citizens on this topic. He stated he is open to ideas.
Commissioner Waters explained she did go out and talk to people and there is support and she still has
people she would like to reach out to. She pointed out that one of the reasons the tree board went away is
because it put citizens against citizens and believes the board should serve an advisory role and set
policy that comes to us for when trees can and cannot be cut down, but employees should be the bad
guys. She stated we support them and we work together but we should not put neighbors against
neighbors. She explained it should be an employee that says this is the way the Code is written and this
is the enforcement and the board should have an advisory capacity to that employee. She believes a
workshop is a great way to discuss it and solicit citizen input before that workshop so we have something
to come together and make decisions with. Mayor Reeves agreed we need to do that and move forward
and asked for a consensus
There was consensus to move it forward and put it on the agenda to discuss.
Commissioner Stinson believed there needs to be a discussion to consider how we will staff this
committee because we have a tough time filling the other boards now.
9. City Manager
A City Manager's Report.
90-Day Calendar (September 2016 through November 2016).
• Reported that the CRNTAC report is ready to be presented and should be done in a workshop
and suggested September 26, 2016, ahead of the Commission meeting unless they need more
time. Mayor Reeves suggested that each Commissioner read the draft that was sent to them
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 26
because this week we are talking about the budget and we need to make a decision about the
$50,000. After a brief discussion, the the decision was made to schedule a workshop on
September 26, 2016 before the regular meeting.
• Asked ChiefDeal to speak about Web.com. Chief Deal explained the Web.com event scheduled
at the Town Center on October 3rd from 5:00P.M. to 9:00P.M. and the plans for road closures
and alcohol sales. Mayor Reeves also spoke about the event and explained the profits are going to
charity and to the Town Center. Commissioner Hill expressed concerns about the three additional
road closures beyond what is nmmally closed and explained he is not in favor of it. Chief Deal
answered questions.
• Reported that Public Works Director Don Jacobovitz has a map of the drainage system for anyone
who would like to view it.
• Reminded everyone about the Safe Routes to School-Town Hall meeting this weekend at 10:00
and commented that the video of the route is hard to follow.
• Repmied the City Attorney put together a draft Sea Tmile Ordinance and will be put on the
agenda soon.
• Announced that Carlene Matthews celebrated 40 years of service and expressed his appreciation.
10. Reports and/or requests from City Commissioners and City Attorney
City Clerk Bartle
• Thanked the Commission for her clock and pin and for recognizing her service.
City Attorney Durden
• Gave an update on Gate stating the judge held a four-hour hearing on Friday, August 12, 2016 on
the temporary injunction. The judge asked for proposed orders on the temporary injunction. Those
were due on Friday so she would expect we will have a decision on that during the course of this
week. For clarity, you may have seen the fences and the construction during the course of the
hearing on the temporary injunction, Ms. West changed her request for injunction from the
demolition to future construction, so that is why you are seeing the demolition proceeding. As
soon as she hears about an order, she will let us know.
• Explained that she left a yellow brochure published by the First Amendment which she thought
would be handy to have. She indicated she also purchased those for the Community Development
Board and the Code Enforcement Board and provided copies to Nelson, Donna, Russell, Derek
and Dayna.
• Reported she provided language to Nelson last week that has to be now included in all contracts
or amendments to contracts that is being required by the state legislature in regards to public
records. It basically requires a vendor or any person you enter into a contract with to comply with
public records law.
• Infmmed that she has about 10 copies of the case regarding tattooing and piercing if you are
interested.
• Repmied the City did receive a subpoena on Friday demanding a representative from the building
department go to a deposition with documents in regards to a construction case that no one is
familiar with. Mr. Arlington did tell her today that he is familiar with these buildings. They are
townhomes built at Ahern behind Al's Pizza about 15 years ago. She indicated she will be
reaching out to the attorney who issued the subpoena to try to get a little more infmmation. We
are not a pmiy to the lawsuit so she is expecting that what the issue is is that they want to know
about the building permits that were issued 15 years ago. She stated she will report back to the
Commission when she knows a little bit more.
August 22, 2016 REGULAR COMMISSION MEETING
Commissioner Waters
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 27
• Thanked Donna for her service to the city noting she has spent a number of years with the City, is
a local girl, went to a local high school and has done a lot of work working her way up at the City.
She stated it is great to see her daughter starting with the City too and it does say something about
this being an environment where people can thrive. She thanked Donna for being that example.
Commissioner Harding
• Thanked Donna for her service.
• Reported he received a couple of phone calls about vandalism and fires being lit in the Tideviews
and Bennett's Landing area and would like to request some additional patrols in that area as well
as look into possible expansion of our security surveillance cameras in that area.
• Reported he received an email about some trash in the Tideviews Pier areas down towards the end
of the docks and requested it be looked into if it is something that can be looked at from the
docks.
Commissioner Hill
• Thanked Donna for her service to the City and her commitment to the Community.
• Looks forward to getting the entire team back to firing on all cylinders and feels confident it can
be done. He stated he hopes he did not offend anyone with his bluntness and looks forward to
moving forward.
• Spoke about safety at Howell Park and requested visual alleys into the park and in different areas
to make some of those paths more exposed .. He stated he understands if there is no consensus, but
it is in his district and his neighbors are talking about it and we have had several crime instances
that you can ask the Chief about.
Commissioner Stinson
• Thanked and Congratulated Donna for her 25 years of service and indicated he really enjoys
working with her.
• Apologized to his team stating he thought he was doing what you wanted and in the way you
wanted and is sorry that he drug you into this in a way that was what they see as the wrong path.
• Stated he accepted Commissioner Waters' challenge and will work on that and bring that back
just like she described.
• Referred to City Staff Mr. Reeves, Mr. Jacobovitz, and Chief Deal stating, if his comments have
made them think he has anything, but the utmost confidence in them he apologizes. He explained
that was not his intent. He believes we have a wonderful staff and has a lot of confidence in them
and his frustrations lied elsewhere so he is very sorry if it made them feel like he did not have
confidence in them.
• Commented to the people stating he thinks he is trying to do the work that you want him to do
and the work you tell him you want done. He explained he listens very closely to you and it is
very important to him and he hopes it is impmiant to the people of the City.
• Commented to Mr. Van Liere that he is going to work through this and he is sincere and really
wants to do good things for this City. He stated he looks forward to moving past this, and
apologized to him stating he realizes this was a very difficult thing today. He stated he is not
going to make excuses; he made his bed he will lie in it.
Mayor Reeves
• Stated he would like to have a Roundtable luncheon one day.
August 22, 2016 REGULAR COMMISSION MEETING
AMENDED ITEM 1A
SEPTEMBER 12, 2016
Page 28
• Explained the Johnson property pricing is tremendously lower and believes this could be a good
oppmiunity for boat ramps and another park for our City and they should talk about it.
• Repmied he attended the Florida League of Cities and encouraged each of the Commissioners to
go next year because there are a lot of training sessions. He explained that our City Attorney was
there and she serves on one of the Committees. He stated it was a great oppmiunity and found
out a lot of things. He mentioned a brochure he picked up and gave to the City Manager
pertaining to an app.
• Explained a brochure he had received regarding a Seminar on Dealing with Difficult People.
Adjournment
There being no further discussion, Mayor Reeves declared the meeting adjourned at 12:30 a.m.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mitchell E. Reeves
Mayor/Presiding Officer
AGENDA ITEM:
SUBMITTED .BY:
CITY OF' ATLANTIC BEACH
ClTY COMMISSION MEETTNG
STAFF REPORT
16-S /\FW -133 Public Hearing
AGENDA ITEM 3A
SEPTEMBER 12, 2016
Requ es t fo r a waive r as pcm1itted by Secti o n 24-46 (d ) to waive th e
pro hibiti on of body arli sts within th e Co mm ercial General zo nin g di stri ct
as require d by Secti on 24-J II (b) at Sal lair Secti o n J, Lots 8 1 0 to 81 6 and
83 8 to 84 0 (aka 469 Atlanti c Bo ul e va rd , Unit II ).
Derek W. Re eves, Plann er /,A-
DATE: Au g us t 2 4, 201 6
STRATEGIC PLAN LINK: None
BACKGROUND: Th e a ppli ca nts a r e Georgina and john Sa lze r who o wn a nd o perat e Pure Imag in a ti on.
The bu s in ess w ill offe r body p ie rcin g servi ces a nd sell asso ci a ted je welry as we ll as li terary jou rna ls,
bo o ks fr om loca l a ut hors a nd a rt fr om local artis t s. Th ey will als o h ost lite ra ry eve n ts including boo!<
s ig nin gs, issue release ce le bra ti ons a nd s ma ll gr oup writing works ho ps in th e ga ll ery s pa ce. Th e
bu s in ess is to be lo cate d within an ex is ting s hopping ce nte r at 469 Atl a nti c Boul eva rd, Unit 11 in t he
Comm e rcia l Gen era l (CG) zoning di s tri ct.
A waiv er is r equired for th e body pi e rcing servi ces portion of th e bu s in ess. Sec tion 24 -111(b), whi ch
is li st s th e pe rmitted uses in the CG zoning di s tri ct, s ta t es in part, "Permitte d uses shall also not
include ... ta t too or body artists ... " Thi s s pecifi c pro hibi t io n means a use-by-exce ption is no t possibl e
a nd th e prohibi t io n mu s t be wa ive d by t he City Co mm iss io n . This cod e prov is io n was adde d i n 2010
as part o f a la rge r co de upd ate.
[fthis wa iv e r is a pproved, it w ill a lso re quire th e Co mmi ssion to app rove th e body pi e rci ng use und e r
Section 2 0 -5 9 wh er e, "body pie rcing/tattoo artis r ' is li s te d und er t he headin g, "Commission a pproval
will be required bef ore bu sin ess t ax rece ipts will be iss ued for the fo ll o wing busin esses, and bu sin ess
t axes shall be as f ollow s :".
Sta ff p resen t ed th e foll owin g co nditi o ns t o Commi ss ion a t the Au gus t 22, 2 0 16 mee ting: 1 .) That the
bu s in ess r e ma in in compliance with Ch a pte r 6 4E-19 of th e Fl o rid a Ad minis trati ve Code; 2.) That th e
wa ive r is gra nted to th e ap pli ca nt only a nd s hall not run wi th th e ti tle to t he pro pe rty. Numb e r one
will re quire th e bu si ness to ope ra te a t s ta te s tanda rd s . Num be r two will ma ke th e wa ive r con s iste nt
with the reg ul a ti o ns of a u se-by~e xce pti o n . The a ppli ca nts als o volu nta rily ag r eed to the fo ll owin g
conditions that Commission re qu ested a t the sa me meeting: 3 .) Th at n o s mokin g pa ra ph ernalia be
sold; and 4.) Th a t th e bu s in ess mu st cl ose by midni gh t ever y d ay .
.BUDGET: No ne.
RECOMMENDATION: To approve wa iver l 6 -S AFW-133 with the fo ll owin g co nditi o ns: 1 .) T ha t
the bu s in ess rem a in in co mpli an ce with Cha pter 6 4 13-1 9 o f the Flo rid a Admini s t ra ti ve Code; 2.) Th at
the waiv e r is granted to the a ppli ca nt on ly a nd sh a ll not run w ith th e titl e to th e property ; 3.) Th a t no
s mok in g p ar a phe rn a li a be s old; a nd 4 .) Th a t th e bu s iness m ust cl ose by midni ght eve r y day.
ATTACHMENTS: Co py of 16-SAFW -13 3 app lica tion . ...
REVIEWED BY CITY MANAGE R: _2-Z_IC...~· .lc':..~-=a.,....,=~~;;;;&..l,j'LA...::.k:!<-==..-_________ _
AGENDA ITEM 3A
SEPTEMBER 12, 2016
This waiver is being requested due to inconsistencies between Atlantic Beach ordinance
24-i 11 and the Local Business Tax Application Checklist posted on the official Atlantic
Beach website (http://www.coab.us/DocumentCenter/View/3716), which states,
"Commission Approval: required for the following businesses" and "Body
Piercing/Tattoo Artists" in the accompanying list.
This business, Pure Imagination, is not a traditional tattoo/body-piercing establishment.
As far as the body arts are involved, we will not-and never plan to--offer tattoos, only
body piercing. The rest of the business consists of: an art gallery featuring local artists,
with a new show every quarter; the sale of literary journals, such as Bridge Eight and
Fiction Fix, and books by local authors, including Tim Gilmore and Mark Ari; jewelry
sales from top-of-the-line USA manufacturers and local jewelers, including (but not at all
limited to) Anatometal, Maria Tosh, Glasswear Studio, Paige Jenrette, and Miguel
Villanueva; an event space within the gallery for literary events-readings, book
signings, issue release celebrations, small-group writing workshops.
Per Section 24-46 (d), it would be unreasonable to provide customers the opportunity to
buy high-end body jewelry without providing the piercing services (procedure, after-care
check-ins, etc.) along with it. The vast majority of tattoo/piercing studios will not pierce
or change out jewelry from another retailer, which could greatly impact Pure
Imagination'sjewehy sales: customers would be able to buy the highest quality jewelry,
but would have no one to install it for them, rendering the jewelry virtually useless. By
providing customers with the services and the jewelry, we are able to meet all of our
customers' needs and help ensure our financial longevity, as jewelry sales will
encompass approximately 75-80% of sales.
Pure Imagination is working to be a haven for the arts: a place that fosters various arts-
from visual to tactile to literary-within our community by giving community members a
place to explore and learn and network, in addition to opportunities to feature and sell
their own works.
AGENDA ITEM 3A
SEPTEMBER 12, 2016
Georgina ("Georgie") Salzer has resided in the Beaches area since 2009 and, specifically,
in Atlantic Beach since 2011. She has an extensive background in business
management-including her time as Store Manager of the Neptune Beach Starbucks-
and currently works in Prospect Research at the University of North Florida. She is a
graduate student, studying English Rhetoric and Composition, in the English Department
at UNF. Georgie acts as graduate advisor for UNF's literary journal, Talon Review, and
is also a writer and editor. She is a member of the Florida Environmental Health
Association (FEHA) and has current Blood Borne Pathogens certification by the state of
Florida.
John ("Jon") Salzer is a Jacksonville native and, though he loves to travel, plans to
always call Jacksonville his home. He is an experienced and passionate body piercer and
quality-jewelry advocate. Jon began his body piercing apprenticeship in September 2008,
and directly followed his apprenticeship with the Head Body Piercer position at Todd
Lake Tattoo Studio in February 2009. In May 2010, he moved to Carribbean Connection
in Jacksonville Beach, and stayed there until February 2015, when he was offered a
position at East Coast Worldwide, also in Jacksonville Beach. Jon left East Coast
Worldwide in March 2016, determined to open up his own studio that could support his
passions (body piercing and body jewelry) and also allow him to maintain his high ethical
ideals and commitment to ensuring customers have the absolute best experience in the
studio, while providing strict enforcement of health codes and sanitation standards.
In addition to his apprenticeship, Jon stays current on continuing education by attending
classes such as Microdermal training in New Jersey and the Fakir Intensive in San
Francisco. He is also a member of the Association of Professional Piercers, an
"international non-profit organization dedicated to the dissemination of vital health and
safety infmmation about body piercing to piercers, health care professionals, legislators,
and the general public" U:Yww.safepiercing.org), and the Florida Environmental Health
Association (www.FEHA.org), whose mission it is to, "promote and protect the health of
the people in Florida by strengthening the knowledge and standards of environmental
public health professionals. This mission will be achieved by maintaining standards of
conduct, providing a certification process that includes educational standards and
professional development, applying and promoting scientific principles, communicating
with the membership and districts, and promoting the profession through publications,
training, and liaisons with other associations." Jon has maintained, and is current with,
his Blood Borne Pathogens certification by the state of Florida since 2008 and is also
certified in CPR and First Aid Training.
Jon and Georgie have been married since September 2011 and bought their home in
Atlantic Beach in October of the same year. They are often out-and-about at the beaches
and can typically be found on their bikes or at Bull Park with their one-and-a-half year
old son.
AGENDA ITEM 3A
SEPTEMBER 12, 2016
check out a piercer's credentials. Although it may feel odd or unfamiliar to walk into a
piercing or tattoo studio, that's where the experts are -not at the mall.
"I can't spe;3k for all mall stores, but the ones I have spoken to have had very rushed
training," says Joyce. "It's usually just 'watch me do this a couple times,' then maybe
watch a video."
Worri ed they won't work on your chil d? Don't fret: There are many certified pros who are
willing to pierce kids ... New York State law says that without a parent, you must be 18, but
with a parent, I can pierce earlobes at 10/' says Joyce, who adds that the age limit will vary
by studio and their in surance, so be sure to check your state's laws, as well as policies at
individual establi shm ents.
3 Things to Look Out For
Once you find a studio, these are the questions you need to ask.
1. How much training has the pierc er had? When it comes to training, more is always
preferable. "A good professional piercing apprenticesh ip usually lasts between 12 and 18
months -you wouldn't even attempt a pi ercing for at least t h e first s ix months," explain s
Joyce. In that time, the piercer would learn about asepti c technique, cross contamination
prevention, proper sterilization protocols, and other important skill s that ensure their
clients are getting safe, well-performed piercings.
2. How clean is the studio? Dr. Tzu recommends observing the overall cleanliness of the
facility: "A conspicuously dirty studio is not a good sign."
3. Does the piercer use disposable gloves and sterile packets for each needle? Ask if
your piercer uses a new pair of d isposabl e gloves for each procedure and check to see if
need les are taken from sterilized or disposable steril e packets, advises Dr. Tzu. If this i sn 't
the case, take that as a t ip to l eave.
The Bottom Line
Putting your safety in the hands of someone who's barely trained isn't something you
would do for any other medical procedure -so don't risk it with piercings, either. So
people get their ears pierced with no difficulties, but if there's a significant chance that
something could go wrong-and there are safer ways to go about it-shouldn 't you opt
for the less risky option?
City Attorney Performance Evaluation Summary
City of Atlantic Beach, Florida
Evaluation period: October 1, 2015 to September 30, 2016
PERFORMANCE CATEGORY SCORING
4.5 OVERALL SCORE
Commission INDIVIDUAL CHARACTERISTICS
4.6 Diligent and thorough in the discharge of duties, "self-starter"
4.8 Exercises good judgment
4.6 Displays enthusiasm, cooperation, and willing to adapt
5 Exhibits composure and attitude appropriate for the position
4.75 Average
Commission LEGAL CONSULTATION
4.8 Provides the scope of legal expertise necessary to meet the
City's needs on issues that arise
4.6 Provides her best and honest recommendations given all
existing legal issues and ramifications
3.8 Possesses knowledge of and provides efficient and effective
advice on the City's Charter and Municipal Code
4.4 Advice provided regularly takes into account and balances the
overall goals and objectives of the City
4.4 Proactively identifies potential legal issues when he is aware of
them to avoid problems from occurring
4.6 Accurately identifies and addresses all legal issues within
documents and items that she reviews
4.4 Average
AGENDA ITEM 38
SEPTEMBER 12, 2016
4.4
Self
5
4
5
4
4.5
Self
4
5
4
4
4
5
4.3
AGENDA ITEM 38
SEPTEMBER 12, 2016
Commission LEGAL REPRESENTATION Self
4.8 Aggressively represents the interests of the City as directed by 4
the Commission
4.6
4.6
4.8
4.2
Approach to legal matters is effective in achieving the best
possible legal outcomes for the City's interests given the issues
that arise
Represents the City in a professional and ethical manner
Is impartial and objective in her duties and responsibilities
Estimates of legal impacts are reasonably accurate on a
regular basis
4
5
5
4
4.6 Average 4.4
Commission STAFF WORK Self
4.6 Prepares ordinances, resolutions, contracts and other legal 5
work accurately and consistent with the direction and
objectives communicated by the Commission, City Manager
and/or Department Heads
4.6 Maintains a good working relationship with members of the 4
City's management team
4.6 Able to maintain the Commission's and Staff's confidence while 4
informing them of the different legal risks that proposed actions
might generate
4.6 Displays a positive attitude in carrying out her responsibilities 5
and responding to requests
4.6 Average 4.5
Commission COST/FISCAL ACCOUNTABILITY AND CONTROL Self
3.8 Effectively manages and controls legal costs given the issues, 4
assignments and requests made to her
4.4 Legal tasks are performed with appropriate authorization 5
according to established procedures and contract requirements
2
3.8 Fiscally effective approach in achieving best possible legal
outcomes for the City's interests given the issues that arise
AGENDA ITEM 3B
SEPTEMBER 12, 2016
4
4 Average 4.3
Commission RESPONSIVENESS/TIMELINESS OF ACTIONS Self
4.8 Requested legal work and assignments are completed in a 5
timely manner within established time frames
5 Accessible when needed to respond to requests for legal 5
information and assistance
4.6 Timely completion of legal reviews and requests for information 4
4.6 Effective follow-up to requests that are made to her 4
4.4 Accurately interprets and clarifies Commission and City 4
Manager direction
4.7 Average 4.4
Commission COMMUNICATIONS Self
4.6 Effectively communicates with Commissioners, City Manager 4
and Department Heads
4.4 Answers are provided in a timely and understandable manner 4
4.8 Maintains confidentiality with regard to all legal matters, as 5
appropriate
4.6 Average 4.3
NARRATIVE EVALUATION
What would you identify as the City Attorney's strength(s), expressed in terms of the
principle results achieved during the rating period?
Harding: Although new to the position initial indications are that the advice given by the
Attorney is well researched and accurate. It is unknown at this time what the outcome of the
issues will be but it appears to be in line with the advice given to the Commission.
3
Hill: Fast to come up to speed.
AGENDA ITEMS 38
SEPTEMBER 12, 2016
Stinson: Understands her role very well; Uses discretion and maintains confidentiality/trust;
Has no hesitation relying on others more experienced; Exhibits grace and poise under pressure;
Has gained my confidence quickly.
Waters: Thoroughness and proactivenss. When she supplies us with an answer she does not
just provide an opinion but also the case law on which her opinion is based.
Reeves: Understands the commission/city needs legal opinion not what actions the
commission/city wants to take to defend the decision. Provides the pros and cons on actions
taken by the city. Willing to back up legal opinion in writing if requested. Proactive to protect
the commission/city.
What performance area(s) would you identify as most critical for improvement?
Harding: Additional research and proficiency interpreting the many governing documents for
our city to allow a more expedient interpretation and advice on issues that arise thus reducing
the financial costs to the city in legal fees.
Hill: Understand the long term goals of a community.
Stinson: Tends to over explain her reasoning sometimes; Should schedule one day per month
at city hall; Should provide monthly updates on legal expenses, separating ongoing routine &
customary fees from unusual & unexpected matters addressed by her office; Should feel
confident expressing her opinion during public meetings to the public and to the Commission.
Waters: The ability to be succinct. While being thorough is one of her strengths, knowing
when a brief answer will suffice is also necessary. The amount of time spent on creating the
schedule for the Gate hearing is an example-while building consensus and trying to appease
everyone are goals at some point it is imprudent to continue spending tax payer dollars to
create the schedule.
4
AGENDA ITEM 38
SEPTEMBER 12, 2016
Reeves: Maybe taking a small step back on day to day involvement on daily issues that may
not need legal opinion.
What constructive suggestions or assistance can you offer the City Attorney to enhance
performance?
Harding: Continue to become knowledgeable in our city's policies and procedures as well as
all governing documents which will result in a higher degree of proficiency and enhanced
performance.
Hill: Pay attention to and help us control legal costs.
Stinson: I have come to trust the City Attorney very quickly. I feel confident that her legal
opinions and positions on matters are offered with the best interest of the COAB as motivation.
Keeps matters of conversation strictly confidential. In an attempt to control costs, sometimes
provides answers or opinions but often is ready to end conversations without inquiring if there
may be other questions that have arisen or need answering. Admirable that she's focused on
cost control, however sometimes I would like more explanation or feedback. I believe she does
a really good job in providing representation to the City and I look forward to building a stronger
relationship on an existing solid foundation.
Waters: When possible keep it concise. Triage eminent issues facing the city and if the
likelihood of a problem is low then perhaps don't spend hours of research on that particular
topic.
Reeves: I'm looking for daylight at the end of the tunnel with the next 60 days. The City
Attorney and her staff should be up to date on all city issues, or pending cases.
What other comments do you have for the City Attorney e.g., priorities, expectations,
goals or objectives for the new rating period?
Harding: Provide a thorough level of competence and reduce legal fees to the city.
Hill: None.
5
AGENDA ITEM 38
SEPTEMBER 12, 2016
Stinson: (1) Crucial to completing a review of the Land Development regulations. A plan to
complete the review and present recommended amendments to the Commission during the
coming fiscal year should be developed and used as a metric of performance. (2) It this
Commissioner's desire to undertake a study of the consequences of the City moving to an
electing cycle matching that of surrounding Cities. Impediments & cost benefit analysis should
be included in the study. (3) City staff & officials need to be better versed in Sunshine law
expectations. Attorney should develop a plan to periodically update officials & to orient new
staff to requirements.
Waters: As a commissioner we are tasked with finding representation that both protects the
interests of our community and is cost effective. While we have several large cases that have
occupied the bulk of your current billing hours, when possible going forward I would ask that the
city attorney consider the benefit to citizens and let the size of the benefit dictate the number of
hours dedicated to a topic.
Reeves: ( 1) Provide at least two yearly training sessions on "Continuing education in Ethics"
and Sunshine Law for Commission, City Boards and City Staff. (2) Remain active with
Northeast Florida League of Cities, and Florida League of Cities (stay active on the Board with
Florida Municipal Attorneys Association) (3) To reach a port we must sail, sometimes with the
wind and sometimes against it, but we must not drift or lie at anchor" Oliver Wendell Holmes
Brenna -Keep us stay on course with providing the facts so we can make the best decisions for
the residents and COAB.
6
City Manager Annual Performance Evaluation Summary
City of Atlantic Beach, Florida
Evaluation period: October 1, 2015 to September 30, 2016
PERFORMANCE CATEGORY SCORING
3.6 OVERALL SCORE
Commission INDIVIDUAL CHARACTERISTICS
3.8 Diligent and thorough in the discharge of duties, "self-starter"
3.6 Exercises good judgment
3.4 Displays enthusiasm, cooperation, and will to adapt
3.8 Mental and physical stamina appropriate for the position
3.6 Exhibits composure, appearance and attitude appropriate for
executive position
3.6 Average
Commission PROFESSIONAL SKILLS AND STATUS
3.2 Maintains knowledge of current developments affecting the
practice of local government management
3.4 Demonstrates a capacity for innovation and creativity
3.8 Anticipates and analyzes problems to develop effective
approaches for solving them
3.6 Willing to try new ideas proposed by Commission members
and/or staff
3.8 Sets a professional example by handling affairs of the public
office in a fair and impartial manner
3.6 Average
AGENDA ITEM 38
SEPTEMBER 12, 2016
4.26
Self
4
4
4
5
5
4.4
Self
4
4
4
4
5
4.2
Commission
3.8
3.6
3.4
3.4
2.8
3.4
Commission
3.6
4
4
3.6
3.6
3.8
RELATIONS WITH ELECTED MEMBERS OF THE
GOVERNING BODY
Carries out directives of the Commission as a whole as
opposed to those of any one member or minority group
Sets meeting agendas that reflect the guidance of the
Commission and avoids unnecessary involvement in
administrative actions
Disseminates complete and accurate information equally to all
Commissioners in a timely manner
Assists by facilitating decision making without usurping
authority
Responds well to requests, advice, and constructive criticism
Average
POLICY EXECUTION
Implements Commission actions in accordance with the intent
of Commission
Supports the actions of the Commission after a decision has
been reached, both inside and outside the City
Understands, supports, and enforces local government's laws,
policies, and ordinances
Reviews ordinance and policy procedures periodically to
suggest improvements to their effectiveness
Offers workable alternatives to the Commission for changes in
law or policy when an existing policy or ordinance is no longer
practical
Average
AGENDA ITEM 38
SEPTEMBER 12, 2016
Self
4
4
4
4
4
4
Self
4
4
4
4
4
4
Commission REPORTING Self
4 Provides regular information and reports to the Commission 5
concerning matters of importance to the City, using the City
2
2.8
3.6
4
charter as guide
Responds in a timely manner to requests from the Commission
for special reports
Takes the initiative to provide information, advice, and
recommendations to the Commission on matters that are non-
routine and not administrative in nature
Reports produced by the City Manager are accurate,
comprehensive and concise
AGENDA ITEM 38
SEPTEMBER 12, 2016
4
4
4
3.2 Produces and handles reports in a way to convey the message 4
that affairs of the City are open to public scrutiny
3.5 Average 4.2
Commission CITIZEN RELATIONS Self
3.2 Responsive to requests from citizens 5
3.4 Demonstrates a dedication to service to the community and its 5
citizens
3.4
3.6
3.4
3.4
Commission
3.6
3
3.4
3.8
Maintains a nonpartisan approach in dealing with the news
media
Meets with and listens to members of the community to discuss
their concerns and strives to understand their interests
Gives an appropriate effort to maintain citizen satisfaction with
City services
Average
STAFFING
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any
areas of substandard performance
Stays accurately informed and appropriately concerned about
employee relations
Professionally manages the compensation and benefits plan
3
5
5
4
4.8
Self
3
4
4
4
3.6 Promotes training and development opportunities for
employees at all levels of the organization
AGENDA ITEM 38
SEPTEMBER 12, 2016
4
3.5 Average 3.8
Commission SUPERVISION Self
3.2 Encourages heads of departments to make decisions within 4
their jurisdictions with minimal City Manager involvement, yet
maintains general control of operations by providing the right
amount of communication to the staff
3.2 Instills confidence and promotes initiative in subordinates 4
through supportive rather than restrictive controls for their
programs while still monitoring operations at the department
level
3.2 Develops and maintains a friendly and informal relationship 4
with the staff and work force in general, yet maintains the
professional dignity of the City Manager's office
3.2 Sustains or improves staff performance by evaluating the 4
performance of staff members at least annually, setting goals
and objectives for them, periodically assessing their progress,
providing appropriate feedback and appropriate mentoring
3 Encourages teamwork, innovation, and effective problem-4
solving among the staff members
3.2 Average 4
Commission FISCAL MANAGEMENT Self
4.4 Prepares a balanced budget to provide services at a level 5
directed by the Commission
4
4.6
Makes the best possible use of available funds, conscious of
the need to operate the the City efficiently and effectively
Prepares a budget and budgetary recommendations in an
intelligent and accessible format
4
5
5
4.2
4.2
4.3
Commission
3.2
3.8
3.8
3.8
3.8
3.7
Ensures actions and decisions reflect an appropriate level of
responsibility for financial planning and accountability
Appropriately monitors and manages fiscal activities of the City
Average
COMMUNITY
Shares responsibility for addressing the difficult issues facing
the City
Avoids unnecessary controversy
Cooperates with neighboring communities and the county
Helps the council address future needs and develop adequate
plans to address long term trends
Cooperates with other regional, state and federal government
agencies
Average
NARRATIVE EVALUATION
What would you identify as the manager's strength(s), expressed in terms of the
principle results achieved during the rating period?
AGENDA ITEM 38
SEPTEMBER 12, 2016
5
5
5
Self
4
4
5
4
4
4.2
Stinson: Prepares a concise and easily understood budget; Good understanding of the
implications of unplanned expenses on the budget.
Hill: He has done much to improve the culture of professionalism in the City.
Reeves: Maintained and managed the 2015-2016 City Budget to make sure Atlantic Beach
stayed financially healthy. Learned the importance of making the hard call to change staff and
reorganize. Improved in responding, communicating in a timely manner back to residents.
Consolidated departments and staff in streamlining government. Hiring of new public works
director.
Waters: Excels at understanding the fiscal underpinnings of the city. He also excels on long
range planning and maintenance for city infrastructure.
5
AGENDA ITEMS 38
SEPTEMBER 12, 2016
Harding: Outstanding budget and financial manager. The current financial status of the city
can be directly attributed to the CM's fiscal management expertise.
What performance area(s) would you identify as most critical for improvement?
Stinson: Should be supportive of Commissioner initiatives; Should be responsive to citizen
communications; Should improve communication with Commissioners; Should refrain from
criticizing his direct reports; Should refrain from criticizing his superiors to others.
Hill: Individual commissioner support.
Reeves: Leadership v. management. Management skills are a subset of leadership skills.
Nelson leans to be "a Visionary" type of manager. Visionary-noun. One whose ideas or
projects are impractical. Nelson wants to lead, not manage. When Nelson's ideas are
implemented, it's done by another leader who embraces the management function. "Effective
leadership is putting first things first. Effective management is discipline, carrying it out."
Stephen Covey
Waters: Community and employee communications.
Harding: Has on occasion shown a lack of communication and follow-up with citizens requests,
departmental projects oversight and answering requests of Commission members. As CM, the
ultimate responsibility of effectively communicating directives as well as following up on these
directives rests on the shoulders of the CM as the Highest position of Management in the City.
Sometimes a request is ignored because of a personal belief that it is insignificant or
unnecessary. If a request is made it should be researched and an unbiased report made back
to the requesting party.
What constructive suggestions or assistance can you offer the City Manager to enhance
performance?
Stinson: (1) I am willing to meeting quarterly with CM to discuss performance, goals and
accomplishments and unmet objectives to facilitate a continuous improvement process for this
6
AGENDA ITEM 38
SEPTEMBER 12, 2016
position. (2) I am willing to cohost a monthly "meet the people" meeting with the CM where
citizens and members of the press have an opportunity to present concerns, ask questions, be
made aware of pending City actions or projects and just be able to interact with City staff. (3)
The CM needs to promote a culture within City staff that is focused on excellent customer
service, unparalleled customer experience and value-added service at competitive prices. I can
help the CM develop and implement a plan to accomplish this goal.
Hill: Meet with commissioners before each meeting in person.
Reeves: Invest in reevaluating your relationship with people you lead and ALL commission
members. Take your strong trait of leadership and learn to manage. Become a skilled manager
so you can accomplish much more through others than they can through their own single
efforts. Improve your trust in department heads and rely on them more that their reports. If you
have lost the trust or ability of a department head, then make sure the department head
understands your frustration. Help the department heads improve. Don't rely on their
Assistance to answer your concerns.
Waters: (1) Start from the attitude that all employees want to do their jobs well. When
something is not satisfactory, don't reassign a duty to circumvent an employee issue-sit down
with employee and clearly outline job description & a plan to move forward. Treat all employees
uniformly-develop a process for handling issues. (2) Get ahead of citizen, employee and
commission communications. Make sure all interested parties are adequately noticed-go
above and beyond codes or regulations to ensure aggrieved parties don't appear down the line.
Harding: Improve communications with commission members and perform the office of City
Manager without regard to personal beliefs, biases and other outside influences which may
serve to diminish effective communications of all parties involved. Accept the ultimate
responsibility for all decisions, projects and activities for which you have control as the highest
level of Management in the COAB.
What other comments do you have for the City Manager; e.g., priorities, expectations,
goals or objectives for the new rating period?
7
AGENDA ITEM 38
SEPTEMBER 12, 2016
Stinson: City managers hold a unique position in that a CM has more than one direct
supervisor. CMs that are fortunate enough to retain their position for a time longer than is
customary for that career, exhibit two qualities. Those are: Manage the day-to-day business of
the city efficiently; and be responsive to the citizens and the Commissioners. My first
expectation is the CM would improve his responsiveness to the citizens and the
Commissioners. Second, I believe the CM should prioritize a monthly evaluation of the City's
Emergency Management Plan using tabletop exercises and involving citizens familiar with such
exercises. Third, I believe the CM should facilitate an evaluation of City pension plans by
having the actuaries run best and worst case scenarios to be presented to the Commission and
the public. Fourth, the CM and staff, working with the Commission, should complete a review of
the City's Land Development Regulations including recommendations for amendments to better
manage growth. Fifth, attend a management training seminar or workshop focused on
municipality leadership.
Hill: Keep up the good work!
Reeves: (1) Improve communications skills; (2) Attend a management seminar Uoin the
American Management Association); (3) Focus on City management training and networking-
join the ICMA and become more active in the Florida League of Cities. Get involved so they
know you. (4) Improve speaking skills, and becoming comfortable representing Atlantic Beach
to the media, Civic Clubs, Chamber of Commerce and Jacksonville City Hall; (5) Work on Time
Management. No weekends other than emergencies. Prevent burnout; (6) Take a deep
breath and smile ... Enjoy the opportunity.
Waters: Priorities-keep citizens and commission informed which information may be available
passively on the website. Commission should be getting regular updates on progress of public
works projects, etc. Communications should be proactive NOT reactive. Don't wait for
situations to arise but get out ahead of them. Believe that through your actions you can change
the opinion of citizens and commissioners.
Harding: Effectively management and communicate. Improve transparency within the city
government to further improve public perception and cooperation. This will go a long way
towards improving the confidence in our city government and customer service for our citizens.
8
City Clerk Performance Evaluation Summary
City of Atlantic Beach, Florida
Evaluation period: October 1, 2015 to September 30, 2016
PERFORMANCE CATEGORY SCORING
AGENDA ITEM 38
SEPTEMBER 12, 2016
4 OVERALL SCORE 4.05
Commission INDIVIDUAL CHARACTERISTICS Self
3.8 Diligent and thorough in the discharge of duties, "self-starter" 5
3.8 Exercises good judgment 4
4.4 Displays enthusiasm, cooperation, and willing to adapt 5
4.2 Exhibits composure and attitude appropriate for the position 4
4 Average 4.5
Commission PROFESSIONAL SKILLS AND STATUS Self
4 Maintains knowledge of current developments affecting the 4
practice of the Clerk's Office
3.6 Demonstrates a capacity for innovation and creativity 4
3.6 Anticipates and analyzes problems to develop effective 4
approaches for solving them
4.2 Willing to try new ideas proposed by Commission members 4
and/or staff
4.2 Sets a professional example by handling affairs of the Clerk's 5
office in a fair and impartial manner
3.9 Average 4.2
Commission CITY CLERK FUNCTIONS Self
3.6 Oversees the appropriate maintenance of all records of the 3
City and oversees the records retention and destruction
process
4.2 Provides accurate and timely agendas and successfully
manages the agenda process for the Commissioners, City
Manager and Department Heads
4.6 Attends all regular and special meetings of the Commission
and successfully provides accurate official minutes of the
proceedings
4 Manages all public records requests
4.2 Manages municipal elections, and exhibits knowledge of
principles and practices of municipal code and pertinent
election law
4.6 Ability to meet and serve the public with tact and creditability
4.2 Average
Commission REPORTING AND RECORDS
3.6 Provides regular information and reports to the Commission
concerning matters of importance to the City, using the City
Charter as a guide
4.2 Responds in a timely manner to requests from the Commission
for special reports
3.6 Takes the initiative to provide information, advice and
recommendations to the Commission on functions and issues
involving the Clerk's Office
4.2 Effectively manages records and indexing of records for public
use
4.8 Understands Florida Public Records and Government in the
Sunshine Laws
4 Average
AGENDA ITEM 38
SEPTEMBER 12, 2016
5
4
n/a
5
4.2
Self
?=3
4
3
4
4
3.6
AGENDA ITEM 38
SEPTEMBER 12, 2016
Commission FISCAL MANAGEMENT Self
4.4 Makes the best possible use of available funds, conscious of 4
the need to operate the Clerk's Office efficiently and effectively
4 Prepares a budget and budgetary recommendations in an 4
intelligent and accessible format
4.2
4.2
4.2
Commission
3.4
3.8
3.8
3.2
3.8
3.6
Ensures actions and decisions reflect an appropriate level of
responsibility for financial planning and accountability
Appropriately monitors and manages fiscal activities of the
Clerk's Office
Average
STAFFING AND SUPERVISION
Manages staff effectively
Encourages teamwork, innovation and effective problem-
solving among staff members
Instills confidence and promotes initiative in subordinates
through supportive controls for their programs while still
monitoring operations at the staff level
Sustains or improves staff performance by evaluating the
performance of staff members at least annually, setting goals
and objectives for them, periodically assessing their progress
and providing appropriate feedback
Promotes training and development opportunities for
employees
Average
NARRATIVE EVALUATION
What would you identify as the City Clerk's strength(s), expressed in terms of the
principle results achieved during the rating period?
Hill: Team player.
4
4
4
Self
4
4
4
3
4
3.8
AGENDA ITEM 38
SEPTEMBER 12, 2016
Harding: The Clerk through observation during the election process and during the past 9
months displays a high level of proficiency, professionalism and loyalty to the City. She is of
high moral character and an invaluable asset to the Commission.
Stinson: Clerk is very responsive to citizen requests for information; Clerk is very open to new
ideas, concepts and practices; Sincerely focused on the success of the City; Willing to hold
others accountable.
Waters: City Clerk was responsive to any request for information regarding elections and was
able to either provide or find an answer in a timely fashion. Agendas are provided in a timely
fashion.
Reeves: Strong passion to lead and serve the City. Always available to help. Key player in
the transition of the business license responsibilities being transferred from clerk's office to
Finance under CM's reorganization.
What performance area(s) would you identify as most critical for improvement?
Hill: Assertiveness.
Harding: On a couple of occasions a public notice has slipped by or a timely notification was
not made regarding an agenda or amendment. Continue to excel in the area of attention to
detail.
Stinson: Should adopt the use of agenda management software; Needs to delegate more
responsibility to direct reports; Needs to implement a plan to archive historical records.
Waters: Little to no progress has been made in archiving old minutes & documents for digital
availability. Utilization f the Microsoft outlook program to keep track of requests & make certain
public records requests are handled in a timely fashion. Implementation/purchase of agenda
software that has been in the city clerk's budget for the last 2-3 years. Bringing practical
solutions to the commission for problems the city clerk identifies.
AGENDA ITEM 38
SEPTEMBER 12, 2016
Reeves: Become more a department manager, than acting in the role of a department
employee. Learn to assign goals and projects to staff to perform, and help them to understand
their role within the clerk's office. Time management needs to improve to cut down on working
late and on weekends. It would be helpful to stay focused on only issues that concern the
clerk's office and not other departments. Don't get wrapped up on other staff members' issues.
What constructive suggestions or assistance can you offer the City Clerk to enhance
performance?
Hill: Own your role as clerk. Understand that a clerk has independent responsibility and power.
Harding: Simply attention to minor detail. The clerk functions with a high degree of efficiency
but could progress to a slightly higher level just by tweaking the attention to minor detail I bit.
Stinson: (1) I believe the Clerk's office should be separate and autonomous from the CM's
office. The Clerk should have her own staff, budget and accountability. (2) Delegate more of
the regular tasks to her staff and focus on higher priorities such as FOIA requests, committees
and boards and perhaps more regularly schedule meetings with individual Commissioners. (3)
I am concerned about the Clerk's work/life balance. Her commitment & dedication to her role
with the City is commendable and I feel by implementing some of these managerial changes,
her work/life balance will improve.
Waters: Utilize the city clerk's report to detail number of records requests received and
handled. Also detail ongoing research. Utilize the Clerk's report to detail any issues facing her
office and build support for constructive solutions to that issue. Update the commission at least
quarterly on progress with digitizing old archived documents.
Reeves: Take time to review what your responsibilities as the City clerk requires. Become a
stronger manager. Set goals from your staff to meet and help them to meet your plan. I would
like to see you improve your self-confidence as a leader and manager. Remember the five
leadership traits/leadership qualities are: Honest, forward-looking, competent, inspiring,
intelligent. Remember different leadership styles can produce different results. Reach out and
find what works better for the City Clerk's office.
AGENDA ITEM 38
SEPTEMBER 12, 2016
What other comments do you have for the City Clerk: e.g., priorities, expectations, goals
or objectives for the new rating period?
Hill: None.
Harding: Continue performing at the high level of competence and dedication you currently
display. You are vital to the success of the City Government and an invaluable asset to the
COAB.
Stinson: (1) Should develop a plan that addresses historical documents that have yet to be
archived and accessible electronically. This plan should have consideration for completion of
such a project within two years. (2) Should research, recommend and implement agenda
management software to improve efficiencies with this office by the end of the coming fiscal
year. (3) Should identify and attend an employee management seminar or workshop focused
on assignment of direct report responsibilities, accountability and time management. (4)
Should consider office workflow and layout that provides for better functionality of her team &
privacy for her.
Waters: Clearly identify issues & look for solutions or ask commission for solutions. Continue
training her new employee regarding standards of record production and archiving. Prioritize
citizen requests and develop or utilize outlook tracking options to keep track of requests and
answers provided.
Reeves: Perform a personal desk audit. Attend a time management training. Cut back on
overtime, late nights and weekends. Be active within the Florida League of Cities (Florida
Association of City Clerks). Take a deep breath and enjoy the opportunity you have today.
"Do not follow where the path may lead. Go instead where there is no path and leave a trail."
Ralph Waldo Emerson
ORDINANCE NUMBER 95-10-101
AGENDA ITEM 3C
SEPTEMBER 12, 2016
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN
CHAPTER 23 OF THE CODE OF ORDINANCES, SAID CHAPTER
ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" AND
REPLACING IT WITH THE AMENDED ARTICLE III AS SET FORTH
WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF
TillS ORDINANCE; SAID AMENDMENTS REVISING PROCEDURAL
REQUIREMENTS FOR THE ISSUANCE OF A TREE REMOVAL PERMIT,
ALSO PROVIDING LEGISLATIVE FINDINGS AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
RECITALS
WHEREAS, Chapter 23 of the City Code, "Protection of Trees and Native Vegetation" was
substantively re-written and re-adopted on January 12, 2009 by Ordinance 95-09-98, and the
Legislative Findings as stated within said Ordinance are re-affirmed and adopted by reference as part
of this Ordinance, and
WHEREAS, it is in the public interest of property owners and permit applicants within the
City of Atlantic Beach to be provided with the most efficient and timely process possible to obtain a
Tree Removal Permit, which confirms compliance with the provisions of this Ordinance, and
WHEREAS, revisions and procedures set forth within Article III of Ordinance 95-09-98,
and implemented during the previous year have provided concise standards a clear administrative
process for reviewing most applications for and issuance of a Tree Removal Permit, which does not
require review at a public hearing by the Tree Conservation Board in order for qualified professional
staff with specific expertise and education to determine compliance with these regulations, and
WHEREAS, it is also in the best economic interest of the City to expedite issuance of all
Tree Removal permit where it is demonstrated that the application for such permit is in full
compliance with the provisions and requirements of this Ordinance, and
WHEREAS, dissolution of the Tree Conservation Board is appropriate at this time
recognizing the service this Board has provided to the City, with future issuance of all Tree Removal
Permits to be administered as set forth herein, and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for
the City of Atlantic Beach on February 22, 2010.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Recitals as set forth above are hereby adopted as legislative findings in
support of this Ordinance.
SECTION 2. The provisions as set forth within attached EXHIBIT A shall be incorporated
into the Code of Ordinances for the City of Atlantic Beach, Florida as Article III of Chapter 23
entitled "Tree and Vegetation Regulations." Exhibit A shall replace in its entirety previously
adopted Article III of Chapter 23.
Page I of2 Ordinance 95-10-101
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
ARTICLE III. TREE AND VEGETATION REGULATIONS
DIVISION 1. IN GENERAL.
Sec. 23-11. Scope. The provisions of this Chapter shall be administered as set forth within this Chapter.
Administrative procedures, authorities and responsibilities of the City Commission and the Administrator
are set forth herein.
DIVISION 2. ADMINISTRATION.
Sec. 23-12. City Commission. The City Commission shall have the following authorities and
responsibilities:
(a) To establish fees and fines related to the administrative costs of carrying out the requirements of
this Chapter.
(b) To establish a Tree Conservation Trust Fund to collect and disburse monies for the purpose of
growing and maintaining the City's Community Forest.
(c) To amend this Chapter as may be needed to accomplish the stated Purpose and Intent of this
Chapter.
(d) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision
made by the Administrator in the implementation ofthis Chapter.
Sec. 23-13. Administrator. The Administrator shall have the following authorities and responsibilities:
(a) To accomplish all administrative actions required by this Chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt
and processing of appeals and any stop work orders.
(b) To maintain all records relating to this Chapter and its administration.
(c) To provide written instructions to applicants related to the required process for applications as
required by this Chapter.
(d) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in Section 23-23.
(e) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in Section 23-23, as may be needed.
(f) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
(g) To review preliminary development plans, applications for certain building permits, including site
and lot plans with appropriate City staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this Chapter.
(h) To recommend to the City Commission projects consistent with the purpose and intent of this
Chapter, with a written statement outlining the costs and benefits of such projects.
(i) To recommend to the City Commission amendments consistent with the implementation of the
purpose and intent of this Chapter, with a written statement outlining the need for such changes.
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
Sec. 23-14. Tree Conservation Trust Fund.
(a) Establishment of Trust Fund. The City Commission hereby recognizes and reaffirms the prior
establishment of the Tree Conservation Trust Fund ("Tree Fund") for the purposes of accepting and
disbursing monies paid to the City as part of tree mitigation and any other funds deposited with the
City for the purpose of tree and vegetation conservation and protection. This fund shall be used
solely for the planting of trees, the protection and conservation of existing trees where appropriate,
or the re-establishment of vegetative resources in the City and any other ancillary costs associated
with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the
cost of the particular project.
(b) Terms of existence. The Tree Fund shall be self-perpetuating from year to year unless specifically
terminated by the City Commission.
(c) Tree Fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the City. Said funds shall be used and distributed as designated by the
City Commission.
(d) Tree Fund administration.
(1) Trust funds shall be used only for the purposes designated by the City in accordance with the
intent of this Chapter and the applicable Goals, Objectives and Policies as set forth within the
Comprehensive Plan.
(2) All mitigation funds collected pursuant to this Chapter shall be deposited in the Tree Fund,
which shall be a separate account established and maintained apart from the general revenue
fund of the City.
(e) Disbursal of Tree Conservation Trust Fund assets.
(1) Expenditures for projects funded by the Tree Conservation Trust Fund shall be made in
accordance with the established purchasing procedures ofthe City.
(2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation
along public right-of-ways or on properties and lands in public use that will provide needed
shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and
along public roadways.
Secondarily, funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the City, or for the funding of community educational programs which
promote, enhance or implement the goals and objectives established in this Chapter.
Sec. 23-15 through 23-20. Reserved.
DIVISION 3. PERMITS.
Sec. 23-21. Permits required by this Chapter. Unless specifically exempted within following
Section 23-22, permits are required for removal of trees on all lands and in connection with all
development, construction or clearing activities within the City of Atlantic Beach, which shall include the
following:
(a) New development on any previously undeveloped lands, or redevelopment on any vacant land
where structures may have been fully or partially cleared. ·
(b) Major development on all existing developed sites having any structure or vehicle use areas where
additions, renovations, upgrades or site changes are intended or anticipated within a one year period
2
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value
is in question, determination shall be made by the Building Official.
(c) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of
whether any future development is intended or anticipated; it being the intent of the City that no
parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated
vegetation unless mitigation or replacement as required by this Chapter is provided.
Sec. 23-22. Exemptions from the requirement for a permit.
The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation
removal permit, except that none of these exemptions shall be construed to apply to any coastal dune
vegetation seaward of the Coastal Construction Control Line or to heritage trees. Such vegetation and trees
shall be fully subject to the provisions of this Chapter and any State permitting requirements applying to the
coastal zone. All other development activity as described in preceding Section 23-21 involving the
removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The
Administrator may require consultation with or documentation from a Certified Arborist or other qualified
professional to verifY certain conditions.
(a) No development activity or minor development activity on previously developed sites. Minor
development activity involves any new construction, exterior additions, renovations or upgrades
that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining
whether this exemption does or does not apply, the Administrator shall consider the cumulative
valuation of all permits issued six (6) months prior and six (6) months subsequent to the tree
removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and
mitigation shall be required.
(b) Emergency situation. The removal of trees destroyed or severely damaged during or immediately
following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature)
shall be granted an exemption when the Administrator determines that permitting requirements will
hamper private or public work to restore order to the City.
(c) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and
general welfare shall be granted an exemption upon inspection and determination by the
Administrator that immediate removal without delay is required.
(d) Diseased or pest-infested Trees. The removal of diseased or pest-infested trees shall be granted
an exemption upon inspection and determination by the Administrator that removal is needed for
the purpose of preventing the spread of disease or pests.
(e) Noxious invasive Trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other
recognized authority, shall be granted an exemption upon inspection and verification by the
Administrator.
(f) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or City agencies, or engineers or surveyors working under a contract with such utility
companies or agencies, shall be exempt, provided the removal is limited to those areas necessary
for the maintenance of existing lines or facilities or for the construction of new lines or facilities in
furtherance of providing utility service to its customers, and provided further that the activity is
conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not
greater than that specified by the National Electrical Safety Codes as necessary to achieve safe
3
AGENDA ITEM 3C
SEPTEMBER 12, 2016 .
EXHIBIT A to Ordinance 95-IO-IOI
electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior
notice to the City before commencing such work.
(g) Surveyors/Engineers. The pruning of trees and/or removal or understory vegetation by a Florida
licensed land surveyor or engineer in order to provide physical access or view necessary to conduct
a survey or site examination for the performance of professional duties related to land surveying,
soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a
swath of ten (I 0) feet or less in width. However, land clearing for surveys shall not authorize the
removal of regulated trees or regulated vegetation.
(h) City crews. The City shall have the right to plant, prune, maintain and remove trees, plants and
shrubs within public right-of-ways, within any utility or drainage easements or within the
illumination areas of street lights, and other public lands as may be necessary, and shall not be
subject to mitigation assessment. The City shall not have the responsibility to maintain, prune or
remove any damaged, dead or diseased trees on any private property within the City.
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree removal permit shall submit the established fee
along with the application form as created and provided by the City to the designated administrative
department. The application shall contain all required narrative and graphical information
necessary to determine compliance with this Chapter. If the applicant is not the property owner,
proper owner's authorization shall also be required.
(I) Existing lots or parcels. When a tree or vegetation removal permit is required, applications
for tree or vegetation removal shall be made prior to removal and prior to any site disturbance
or grading on a lot or parcel.
(2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be part
of a new Subdivision Plat or a Re-plat shall be submitted along with the Preliminary
Subdivision Plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision process. Trees
to be protected shall be noted on the Final Subdivision Plat, and subsequent applications for
individual lots or parcels shall be consistent with the approved Final Subdivision Plat, or
application for a new tree removal permit shall be required.
(3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain an
after-the-fact permit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the
Administrator shall conduct a preliminary review within five (5) business days to determine that all
required information has been submitted and is sufficient for review purposes. The Administrator
may refer the application to other City department(s) or a qualified professional consultant during
preliminary review. The applicant shall be notified if extended review by other departments and/or
professionals is required. The applicant shall be notified of any deficient items. Upon submittal of
deficient or missing information, the Administrator shall again review the application. If the
requested information has not been provided or is insufficient, the applicant shall be notified in
writing that no further review will be performed until the requested information is provided and
found to be sufficient.
However, an application shall be deemed abandoned thirty (30) days after the date the
Administrator notifies the applicant of any deficiencies contained in the application if the applicant
has failed to submit the deficient or missing information. The Administrator may, upon written
4
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
request and justification by the applicant, grant not more than one thirty (30) day extension. At the
expiration of the extension, the application shall automatically become null and void.
(c) Review by other agencies. At the discretion of the Administrator, relative to the environmental
sensitivity of the site, appropriate written sign-offs, permits or consents from the agencies listed
below which have jurisdiction may be required prior to regulated tree or regulated vegetation
removal from sites contiguous to or containing environmentally sensitive areas or lands. The
applicant shall obtain this information and submit the agencies' written verification to the City.
( 1) Army Corp of Engineers (ACOE)
(2) Saint Johns River Water Management District (SJRWMD)
(3) Florida Department of Environmental Protection (FDEP)
(4) Any other applicable governmental agencies extendingjurisdictional controls over the site.
(d) Compliance review and approval of applications. Applications will be reviewed and tree or
vegetation removal permits will be issued in accordance with the following:
(1) Time for review. Once an application has been deemed sufficient, the Administrator shall
conduct a full compliance review of the application and approve, approve with conditions or
deny the application with seven (7) business days.
(2) Standards for review. The Administrator shall consider the following in making a
determination of compliance with the provisions of this Chapter.
1. Necessity to remove trees which pose a safety hazard, as determined by the Director of
Public Works, to pedestrian or vehicular traffic, or threaten to cause disruption to
public services or result in a significant obstacle to accessing and utilizing public
easements and right-of-ways.
n. Necessity to remove trees which pose a threat to buildings and other improvements on
a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and
non-occupied structures that are typically caused by settling artd small roots shall not
be considered a safety hazard.
m. Necessity to remove diseased trees or trees weakened by age, storm, fire or other
injury, or trees with severe structural defects that pose a safety hazard to people,
buildings, or other improvements on a lot or parcel of land.
tV. Necessity to remove trees in order to construct approved and permitted improvements
to allow reasonable economic enjoyment of the property.
v. Existence of any adverse site conditions which may affect the implementation of the
provisions of this Chapter.
(e) Expiration of permits. Upon approval of the application by the Administrator, the permit shall be
issued. Work pursuant to the permit shall commence within twelve (months) of the date of
issuance, or the permit shall expire.
(f) Content of permits. The permit shall be issued in such form as may be prescribed by the
Administrator and shall set forth in detail the conditions upon which the permit is granted and
specifically identify which land areas shall be cleared and/or which trees shall be permitted to be
removed. One permit may cover several trees or groups of trees as long as the trees or groups of
trees can be clearly identified thereon; provided, however, no permit may be issued for more than
one lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one
another and considered as one parcel for the purpose of development.
5
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
(g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of
the property by the applicant promptly after issuance. The permit shall remain posted on the
property during all applicable tree and vegetation removal activity and until final inspection by the
City. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all
times.
(h) Amendment of Permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an administrative processing fee.
Additional information submitted with a request for permit amendment shall be adequate to fully
document the nature of the proposed change and the effect it will have on all aspects regulated by
this Chapter. All plans, reports, calculations, and other information affected by the proposed
amendment shall be updated so as to maintain an accurate record of the development activity.
Review time for any changes to plans approved for a permitted site shall be the same as specified
for the review of a new application. An amendment to a permit shall not automatically extend the
expiration date.
Substantial changes, including significant increases in the number of trees to be removed or land to
be cleared, increases in impervious surface area, changes to intended land use, modification of
stormwater management systems, or any other change that constitutes a major modification to a site
plan or subdivision, new phases of development or other additions, shall not be treated as
amendments, but shall require a new permit application and fee.
(i) Revocation of Permits.
(1) By Administrator. The Administrator may revoke any permit issued pursuant to this Chapter,
following notice in writing to the permittee and after providing the permittee opportunity to
respond to the notice, in either of the following circumstances:
1. The Administrator finds that the permittee has continued with any development activity
on a site for which a permit was issued, while the site is under a stop work order which
has not been reversed, canceled or suspended pursuant to this Chapter, except for
specified remedial work required to bring the violation into compliance with the
approved permit, or
11. If the Administrator finds that the approval of the permit was based on incorrect
information furnished by the applicant for the permit. Based upon such finding,
however, the Administrator may make reasonably necessary accommodations to the
conditions of a permit in lieu of revoking it.
(2) Discontinuance of Work. Revocation of a permit may also result in a stop work order in
accordance with Section 23-48.
Sec. 23-24. Inspections and Site Preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all development
activities subject to the requirement for a tree or vegetation removal permit.
(1) Initial inspection. The Administrator shall conduct an initial inspection of the site prior to
approval of any application.
(2) Protective barricade inspection. A protective barricade inspection shall ensure proper
installation of measures prior to the initiation of any other development activity where required
as a condition of the permit.
(3) Final inspection and notice of completion. A final inspection and notice of completion shall
occur when all development activities permitted for the site have been completed. No
certificate of occupancy shall be issued, nor any building or premises occupied, unless and until
6
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
the Administrator has determined after final inspection that all work, including land clearing,
regulated tree or regulated vegetation removal, tree protection and tree replacement, has been
done in accordance with the approved permit and plan.
( 4) Maintenance inspections. The Administrator shall have the authority to conduct on-site
maintenance inspections subsequent to final inspection and notice of completion, and to require
correction of all deficiencies and violations in accordance with this Chapter.
(b) Site Preparation. Prior to requesting initial and/or protective barricade inspection, the applicant
shall prepare the site with proper staking and taping as necessary to allow the Administrator to
locate and identify the lot or parcel to be inspected; to determine the building site; to locate the
proposed buildings or other proposed structures or improvements that will disturb vegetation, and
to ensure clear understanding between the property owner, contractor, Administrator and other
inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous manner.
(2) The property corners shall be marked according to survey with wooden stakes. Each stake shall
be flagged with surveyor's tape or with bright colored paint. Any property crossed by the
Coastal Construction Control Line shall have that line marked on the ground with conspicuous
wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled
"CCCL".
(3) All trees to be preserved during development activities shall be barricaded according to a tree
protection plan consistent with the guidelines in the Tree Protection Guide for Builders and
Developers, published by the Florida Division of Forestry and/or any other reasonable
requirements deemed appropriate by the Administrator to implement this part.
(4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or
green surveyor's tape or paint.
Sec. 23-25. Appeals.
(a) Procedure to file an appeal. Appeals of final actions or decisions by the Administrator made
under the authority of this Chapter may be made by adversely affected person(s) to the City
Commission in accordance with the following provisions.
(1) Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition
of the decision or final order being appealed.
(2) Appeals shall be heard at a public hearing within a reasonable period of time with proper public
notice, as well as due notice to interested parties.
(3) It shall be the responsibility of the Appellant to demonstrate that the final action or decision
being appealed was improper or not in accordance with the provisions of this Chapter.
( 4) In the case that the City Commission finds the appeal to have merit, the City Commission shall
have the authority to rescind or modifY the original final action or decision, and/or remand the
matter to the Administrator for reconsideration.
(b) Stay of work. Such appeal to the City Commission shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the appropriate designated administrative
7
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
official shall certify to the City Commission that a stay would cause imminent peril to life or
property.
Sec. 23-26. Fees.
(a) Application fees. The City Commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to
the City at any time an application is submitted for approval, amendment, or extension of a permit
required by this Chapter, or when a final action or decision by the Administrator is appealed.
Applications for tree and vegetation removal related requests shall not be considered as complete
applications until such time as required fees have been paid in full.
( 1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the application as well as one (I) initial
inspection, one (I ) protective barricade inspection, one (I) final inspection and one (I )
maintenance inspection per year. Any additional inspections required due to inadequate site
preparation or reports of violation of the provisions of this chapter will be charged a re-
inspection fee as provided below.
1. Single or Two-family residential uses (per lot)
11.
Ill.
IV.
Multi-Family residential uses
Commercial or Industrial Uses
Institutional and any other uses
(2) Minor Amendments
(3) Extensions
(4) Appeals
(b) Re-inspection fees.
(c) Research or extensive time fees. (per hour)
Sec. 23-27 through 23-29. Reserved.
$ 125.00
$ 250.00
$ 250.00
$ 250.00
$ 50.00
$ 50.00
$ 125.00
$ 50.00
$ 50.00
DIVISION 4. GENERAL PROVISIONS.
Sec. 23-30. Minimum Tree requirements.
These minimum tree requirements shall apply to all property within the City that is subject to the provisions
of this Chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none
will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal
Code also provides additional landscaping requirements for non-residential uses.
(a) Residential uses. For each parcel upon which a single-family, two-family or multi-family dwelling
unit, or associated residential accessory unit is proposed, or where the primary activity is residential
in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every two thousand five
hundred (2,500) square feet of development parcel area or portion thereof, excluding
8
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
therefrom preserve areas and water bodies. Of the minimum required trees, one (I) tree
shall be provided or preserved within the required front yard.
(b) Commercial uses. For each parcel upon which a commercial structure or associated accessory use
is proposed, or where the primary activity is commercial in nature:
One (I) four-inch caliper tree shall be planted and/or preserved for every eight thousand
(8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
(c) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is
proposed, or where the primary activity is industrial in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
( 1 0,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
(d) Public/semi-public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary activity is
public/semi-public in nature:
One ( 1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
(I 0,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning
techniques on trees intended for shade purposes where such trees are required pursuant to an
approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clear risk of danger to persons or property during flood, high wind or hurricane
events.
(b) Pruning or removal of City Trees. It shall be unlawful to trim, prune, or remove any tree which
is within the City's right-of-ways or upon any other City property without the permission of the
City as evidenced by the appropriate permit.
(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for
the purpose of causing the tree to die or become diseased.
(d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that
may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper.
Exceptions are protective wires, braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot,
parcel, or lands such that the land is substantially denuded of regulated trees and regulated
vegetation in any manner or for any purpose unless a proper tree removal permit has been issued.
The extent to which removal constitutes substantial denuding shall be determined by the
Administrator based upon the number, type and condition of existing on-site regulated trees and
regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the
minimum requirements of Section 23-30 shall be met.
(f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any
developed lot such that the minimum requirements of Section 23-30 are not maintained.
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
9
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-IO-IOI
n. All other new replacement trees shall have a minimum two (2) inch caliper and ten (1 0)
foot height at time of installation.
m. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation.
IV. New replacement shade trees shall be of a species typically yielding an average mature
crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen
from the Atlantic Beach Recommended Species List, maintained and published by
the City. Upon approval of the Administrator, alternate species not appearing on the
recommended list may be utilized, but in no case shall trees from the Atlantic Beach
Prohibited Species List, also maintained and published by the City, be utilized for
mitigation credit.
12
(2) Selection criteria.
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
1. New oaks shall be used to replace removed oaks. Upon approval ofthe Administrator,
hardwood species yielding similar canopy may be used to mitigate removed oaks.
ii. New palms may be used only to replace removed palms. Upon approval of the
Administrator, a cluster of three (3) palms, subject to the other conditions of this
Section, may be used to meet the requirements of a single shade tree.
(3) Placement criteria.
1. Avoidance of underground utilities. No trees except those with a normal mature
height of less than thirty (30) feet may be planted within five (5) linear feet of the
centerline of any utility easement.
n. Avoidance of aboveground utilities and public facilities. No trees may be planted
closer to any curbs, curb lines, sidewalks or aboveground utilities than the following,
except for plans demonstrating no conflict with existing aboveground utilities or public
facilities, and approved by the Administrator:
a. Small trees or palms with normal mature height of fifteen (15) to thirty (30)
feet shall have a minimum setback of three (3) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall have a minimum setback of six (6) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall have a
minimum setback often (10) feet.
111. Spacing. The following spacing requirements shall serve as general guidelines for the
optimal growth and viability of trees, though trees may be planted closer together upon
approval ofthe Administrator:
a. Small trees or palms with normal mature height of fifteen (15) to thirty (30)
feet shall be spaced at least ten (1 0) feet.
b. Medium trees or palms with normal mature height of thirty (30) to fifty (50)
feet shall be spaced at least twenty (20) feet.
c. Large trees with normal mature height of fifty (50) feet or more shall be spaced
at least thirty (30) feet.
d. Spacing of two or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
Sec. 23-34. Maintenance and monitoring requirements. The applicant shall be responsible for
maintaining the health of any replacement or relocation trees for three (3) years from planting.
(a) Determination of success. The applicant shall determine the condition of each tree, three (3) years
after the tree was relocated or planted. This determination shall be submitted to the City for
approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being planted or relocated,
the applicant shall be required to replace the tree within sixty (60) days of that determination. The
three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that
replacement tree is found not to be viable at the end of the second monitoring period, the applicant
may pay the appropriate amount into the Tree Fund in lieu of planting a third replacement tree. If
the applicant fails to replace the tree or to pay the appropriate amount into the Tree Fund within
sixty (60) days, the applicant shall be in violation of this Chapter.
13
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
(b) Large-scale projects. If a permit includes the relocation of ten (1 0) or more trees, or the planting
of one hundred (100) or more replacement trees, the determination of success for the overall
mitigation effort shall be based upon a percent survival rate. A successful project shall be one in
which ninety (90) percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years. If a large-scale project is determined to be successful on this
basis, additional replacement trees will not be required.
Sec. 23-35. Elimination of undesirable species. The natural vegetative communities existing within
the City shall be protected by the control and elimination of non-native invasive species. To that end, the
following guidelines shall apply:
(a) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for
mitigation credit.
(b) Removal of non-native invasive species from nonresidential properties (excluding jurisdictional
wetlands), shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the City or the issuance of a Certificate of Occupancy if applicable.
(c) Procedures for the control and elimination of non-native invasive species shall in no way promote
the proliferation of the species through the dispersal of seed or other means.
(d) Procedures for the control and elimination of non-native invasive species shall in no way harm or
cause the decline of desirable species that are to be preserved, planted or relocated.
Sec. 23-36. Elimination of contagious diseased and pest-infested trees. The natural and
cultivated vegetative communities existing within the City shall be protected by the control and elimination
of trees afflicted with rapid-spreading contagious diseases and pests. Upon identification and/or
confirmation of such infection or infestation by a Certified Arborist or other qualified professional, the City
shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from
the permit application requirements, as set forth in Section 23-22. Further, mitigation shall not be required,
provided however, the subject property is in compliance with minimum tree requirements, as set forth in
Section 23-30.
Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this Chapter that all
reasonable methods be used to replace or relocate trees on-site. Payment to the Tree Fund in lieu of
replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved
for cases where the ability to replace or relocate trees on-site is restricted by circumstances related to
Federal, State or Local regulations and requirements including but not limited to conflicts with right-of-
ways, utilities, stormwater facilities, septic fields and Environmentally Sensitive Areas. The value to be
paid into the Tree Fund shall be established and adopted by resolution of the City Commission, and
payments to the Tree Fund may be approved in accordance with the following provisions:
(a) For single and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation
on-site, the Administrator shall approve the application and issue a permit in accordance with
Section 23-23. The remaining balance of the required mitigation shall be payable to the Tree Fund
within seven (7) days of such determination.
(b) For Commercial, Industrial and all other uses. Applications for tree or vegetation removal
permits for all uses and development, other than single and two-family residential uses, shall
replace or relocate required mitigation on-site, except in cases where the Administrator finds, based
upon the above stated conditions, that on-site mitigation is not possible. Upon approval of a
mitigation plan by the Administrator, a permit shall be issued by the Administrator, and the
remaining balance of the required mitigation shall be payable to the Tree Fund within seven (7)
days of such determination.
14
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-101
(c) Where payment in lieu of replacement or relocation is approved, as set forth in preceding paragraphs
(a) or (b), the applicant shall pay the equivalent value ofthe portion not planted or relocated, to the
City's Tree Fund. The approved mitigation payment shall be payable to the Tree Conservation
Trust Fund within seven (7) calendar days of the approved mitigation order. Mitigation payments
not received within the prescribed time period shall result in the filing of a lien on the subject
property.
Sec. 23-38 through 23-39. Reserved.
DIVISION 5. AREAS OF SPECIAL CONCERN.
Sec. 23-40. Applicability. There exist within the City certain areas which contain trees or vegetation of
special value and concern, or areas of such great social, cultural, historical, ecological, environmental or
economic significance that they may warrant added measures of protection.
Sec. 23-41. Historic Corridors and Heritage Trees.
(a) Designation. The City Commission may by Resolution designate historic corridors or individual
heritage trees. In doing so, the City Commission shall specifically identify those streets, or portions
thereof, or trees, which shall be so designated.
(b) Criteria. In considering whether roadways or portions thereof shall be designated as historic
corridors, the City Commission may consider the following criteria:
( 1) The presence of historically significant tree coverage or landscaping, as individual plants or in
groupings.
(2) The presence of culturally significant tree coverage or landscaping.
(3) The presence of significant architectural structures with associated tree coverage or
landscaping.
(c) Documentation. The Administrator shall maintain a record of all historic corridors so designated
and their location shall be reflected on City maps as such.
(d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within
designated historic corridors, shall be at a higher rate than removal of non-designated tree(s), as
specified in Section 23-33, as an extra measure to encourage protection of such trees.
Sec. 23-42 through 23-45. Reserved.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES.
Sec 23-46. Violations. Violations, including failure to make proper application for a tree or vegetation
removal permit as required by these provisions, or failure to implement any requirements or conditions of a
tree or vegetation removal permit, shall be deemed a violation of this Chapter, and shall be subject to Code
Enforcement Procedures as set forth within Chapter 2, Article V, Division 2 of this Municipal Code of
Ordinances and any other remedies available under applicable law.
(a) Development activity. It shall be a violation of this Chapter for any person(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause the
15
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-10-IUI
destruction or removal of any tree or vegetation as regulated herein, without complying with all
applicable provisions of this Chapter.
(b) Compliance with approved Permit. It shall be a violation of this Chapter for any person who has
obtained a permit from the City pursuant to the requirements of this Chapter to fail to comply with
the requirements of the approved permit and any conditions attached thereto.
(c) Compliance with general conditions of Permit. The following minimum conditions shall apply
to every permit issued pursuant to this Chapter, and violation of or failure to comply with any such
condition(s) shall be a violation of this Chapter:
(I) Permit and plans on-site. Approved permits and plans shall be available on-site at all times
during development activity.
(2) Responsible individual on-site. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain on-site during all operations, only that at all
times there shall be a designated person in responsible charge.
(d) Maintenance requirements. It shall be a violation of this Chapter for any person(s) who is
engaged in development activity on property located within the City or in accordance with a permit
issued by the City pursuant to this Chapter, or who has obtained title to property upon which such
activities have taken place, to fail to comply with the minimum standards and maintenance
requirements set forth herein.
Sec. 23-47. Notice of Violation. Whenever the Administrator determines that a violation of this
Chapter has occurred, the Administrator shall immediately issue written notice to the person(s) in violation,
identifYing the nature and location of the violation and specifying that remedial action is necessary to bring
the violation into compliance. The person(s) in violation shall immediately, conditions permitting,
commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer
time as may be specified in the notice, to complete the remedial actions required to bring the violation into
compliance with this Chapter.
Sec. 23-48. Stop Work Order.
(a) Authority to stop work. The City Manager or designee of the City Manager shall have the
authority to immediately issue a stop work order in any of the following circumstances:
(I) Whenever land is being cleared without an approved permit or in a manner inconsistent with
the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take
immediate corrective action when there is an apparent danger to life or property;
(3) Whenever ongoing non-compliant work is not immediately and permanently stopped upon
receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and danger to
regulated trees or regulated vegetation exists or appears imminent; or
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this
Section is not completed in the time period specified;
(6) Upon failure to post or have the approved permit and plans available on-site.
16
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-IO-IOJ
(b) Content and Scope of Stop Work Order. The stop work order shall specifY the circumstances
that have resulted in issuance of the order. It shall also direct that all work be stopped other than
such remedial work as is deemed necessary to bring the violation into compliance, or it may specifY
the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated
vegetation removal, grading, roadway construction, building erection or utility construction. The
order may apply to the entire project or to geographical portions of the project that may be
individually specified.
(c) Failure to comply after notice of violation and Stop Work Order. If the person(s) in violation
fails to complete the required remedial action within the prescribed time, or continues any
development activity in violation of a stop work order, the Administrator may refer such matter to
the Code Enforcement Board or may initiate any other enforcement action or remedies as
authorized by law.
Sec. 23-49. Requirement for Emergency or Immediate Corrective Action. Where it is determined
by the City that failure to maintain stormwater management facilities, erosion, sediment or tree/vegetation
protection controls, or failure to conform to the provisions of this Chapter or permit conditions, is resulting
in danger or damage to life or property, the City may require immediate corrective action. Protection
controls which are breached due to development activity, wind, rain or other factors shall be repaired within
twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall
constitute a violation of this Chapter. If immediate corrective measures are not taken by the permittee or
property owner and the conditions of the site are such that there is danger or hardship to the public, the City
may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to
recover the cost of the corrective measures. In addition, the Administrator may revoke any permit issued
pursuant to this Chapter.
Sec. 23-50. Code Enforcement action. Failure to complete remedial actions required to bring the
violation into compliance with this Chapter shall result in Code Enforcement action pursuant to Chapter 2,
Article V, Division 2 of the Municipal Code of Ordinances as well as other remedies available under
applicable law.
Sec. 23-51. Penalties.
(a) General Provisions. Any person(s) violating a provision of this Chapter shall be punishable
according to the law or in accordance with the findings of the duly appointed Code Enforcement
Board.
(1) Violations of this Chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall constitute a
separate offense.
(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a
separate offense.
(5) Person(s) charged with violations of this Chapter may include:
i. The owner, agent, lessor, lessee, contractor or any other person(s) using the land,
building or premises where such violation exists.
n. Any person(s) who maintains any land, building or premises upon which a violation
exists.
17
AGENDA ITEM 3C
SEPTEMBER 12, 2016
EXHIBIT A to Ordinance 95-I0-10/
111. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit has been issued, or while any violation of this Chapter exists on the
subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions
of this Chapter and recover from the violator such damages as he or she may suffer, including but
not limited to damage to property as a result of development or failure to maintain, in violation of
the terms of this Chapter.
(d) Sanctions for failure to obtain a permit.
(I) Regulated trees or regulated vegetation removed in violation of this Chapter shall require an
after-the-fact permit, the fee for which shall be two (2) times the normal established application
fee specified in Section 23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all
damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this Chapter shall be assessed at two (2) times the
normal established rate of mitigation specified in Section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the Administrator is unable to
determine with reasonable certainty the number and size of regulated trees and/or regulated
vegetation removed in violation of this Chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as to the loss of canopy
and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00)
per square foot of canopy or land cover lost shall be assessed by the Administrator, and shall be
payable to the Tree Fund within seven (7) days of such assessment. No further work or
development shall proceed until the City is in receipt of any such assessed fine.
( 4) Any person(s) exhibiting a documented history of chronic or repeated violations of this Chapter
shall, upon third offense, be reported to the Florida Department of Business and Professional
Regulation, as well as any other authority governing licensing, registration or certification of
individuals or businesses.
Sec. 23-52 through 23-60. Reserved.
18
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 3 0
SEPTEMBER 12, 2 016
AGENDA ITEM: Safe R o utes Lo Schools (a.k.a . The ShetTy Drive Safety Walks Sidewalk)
Project Commitment
DATE :
SUBMITTED BY :
August30,2016 fLAil/~
Donald D. Jacobov itz, P.E., Public Works Dl~;c~--
BACKGROUND : The City held a Town Hall Meeting on August 27111 to di scuss the Safe
Routes to School Project. During the discussions that day, a consensus was met among
the Commission members to s upport the project and to select the path a long the east side
of Seminole Road and Sherry Drive. Public Works s taffwill work with the designer to
ensure that every possible action wi ll be taken to take safety and res ident concerns into
consideratio n whi le developing 60% p lans. Public Works Staff will share the 60% plans
with interes ted residents and Commission members prior to allowing the designer to
progress to final p lan completion.
BUDGET : FOOT has budgeted $687,000 for design, cons tru ct ion and construction support
effotts.
RECOMMENDATIONS: Authorize the Pub li c Works Director to direct the project engineer to
co ntinue to the 60% plans completion s tage with the path on the cast si de of Sherry Drive
and Seminole Road addressing the various confl icts along the pa th.
ATTACHMENTS: 1. Memorandum of Agreement between the City of A tla n tic Beach and the
Jacksonvi ll e Transportation Authority for the Sheny Drive Safety Walks
Sidewalk Project
REVIEWED BY CITY MANAGER: ~ t/~ rZ£u L .r
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH AND
THE JACKSONVILLE TRANSPORTATION AUTHORITY
FOR THE SHERRY DRIVE SAFETY WALKS SIDEWALK PROJECT
AGENDA ITEM 30
SEPTEMBER 12, 2016
The Memorandum of Agreement (this "Agreement") is made as of , 2016, by and
between the JACKSONVILLE TRANSPORTATION AUTHORITY, a body politic and corporate and an agency
of the State of Florida created pursuant to Part II, Chapter 349, Florida Statutes, whose primary business
address is 121 West Forsyth Street, Suite 200, Jacksonville, FL 32202 (the "JTA") and the CITY OF
ATLANTIC _._BEACH~ 1a Florida munici~al corporation whose primary business address is
8/JO Semmo /.e, KtJ JtH~ 0t.Jl; ~L. .?2.2.33 (the "City"). The JTA and the City may hereinafter be
,. :J
referred to singularly as a "Party" or collectively as "Parties."
WITNESSETH
WHEREAS, it is in the interest of the City and JTA to work together to address mobility in the City and to
combine efforts to more cost effectively provide mobility options for the citizens of the City and of
Northeast Florida; and
WHEREAS, JTA is engaged in the business of addressing mobility in Northeast Florida and has delivered
numerous transportation projects in Duval County and presently desires to construct a sidewalk along
Sherry Drive and Seminole Road, from Ahern Street to 17th Street, as well as minor drainage and
miscellaneous improvements which may impact landscaping, mailboxes and utilities along Sherry Drive
and Seminole Road within City right-of-way (the Project"); and
WHEREAS, The City desires to have JTA construct the Project; and
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereby agree ·as follows:
1. Recitals. The recitals above are true and correct and incorporated herein by this
reference.
2. Obligations of the City. The City agrees to:
a. Lead and direct all public involvement efforts for the Project, including meeting
with the City Commission, and conducting a public meeting to present Project
objectives and address public questions and concerns.
b. Accept ownership and maintenance responsibilities for the Project.
3. Obligation of the JT A. The JTA agrees to:
a. Administer the Project.
b. Keep the City advised of the progress of the Project design and coordinate with
the City all known public concerns with the Project.
4. Miscellaneous.
a. Entire Agreement. This Agreement fully and completely expresses the
agreement of the Parties with respect to the matters contained herein and shall
not be modified or further amended except by written agreement executed by
Page 1 of3
AGENDA ITEM 3D
SEPTEMBER 12, 2016
each of the Parties hereto. Any and all riders and exhibits attached to this
Agreement are made part of this Agreement for all purposes.
b. No Waiver. No provision of this Agreement shall be deemed to have been
waived by JTA or City unless such waiver be in writing signed by the waiving
Party and addressed to the other Party, nor shall any custom or practice which
may grow up between the Parties in the administration of the provisions hereof
be construed to waive or lessen the right of JTA or City to insist upon the
performance by the other Party in strict accordance with the terms hereof.
c. Successors and Assigns. The terms, provisions, covenants, and conditions
contained in this Agreement shall apply to, inure to the benefit of, and be
binding upon the Parties hereto, and upon their respective successors in
interest and legal representatives, except as otherwise herein expressly
provided.
·d. Partial Invalidity. If any terms of this Agreement, or the application of the term
to any person or circumstance is, to any extent, invalid or unenforceable, the
remainder of this Agreement, or the application of the term to persons or
circumstances other than those as to which the term is held invalid or
unenforceable, will not be affected by the application, and each term of this
Agreement will be valid and will be enforced to the fullest extent permitted by
law.
e. Further Assurances. The Parties agree to execute and deliver such other
documents and instruments as may be reasonably required to effectuate the
purposes of this Agreement.
(Signature Page Follows)
Page 2 of3
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AMENDED ITEM 3E
SEPTEMBER 12, 2016
AGENDA ITEM: Selection of Audit Firm
SUBMITTED BY: Audit Selection Committee:
John Stinson, City Commissioner
Nelson Van Liere, City Manager
Russell Caffey, Finance Director ~y
DATE: September 7, 2016
BACKGROUND: The City Commission authorized the staff to advertise and take proposals for the selection
of an audit firm to perform annual audits of the City's financial statements for a four year
term with an optional two year extension . The City formed an Auditor Selection
Committee consisting of Commissioner John Stinson, City Manager Nelson Van Liere and
Finance Director Russell Caffey.
BUDGET:
The Committee met on August 30, 2016 to discuss the received proposals. Three firms
responded with proposals. Qualifications, price, location and past history were
discussion topics . Based on this discussion the committee selected two firms to interview.
Those firms were interviewed on September 6, 2016. After completion ofthe interviews,
the Committee discussed the merits of both firms. At the conclusion of the meeting the
Committee came to a consensus and recommends the firm of Purvis Gray & Co. The
Committee also recommends that the firm be required to rotate their partner on the
engagement for fiscal year 2017 .
There are sufficient funds in the Finance Department Budget for this year's cost and the
remainder will be included in subsequent year's budgets . The price proposal submitted
by Purvis Gray is less than the current year's budget.
RECOMMENDATION: Authorize the City Manager to engage Purvis Gray & Company for a term of four
years with the option to extend an additional two, one year periods, per dollar cost bid
submittal attached .
ATTACHMENT: Audit Selection Committee Price Reconciliation
Dollar Cost Bid-Purvis Gray & Company
Proposal-Purvis Gray & Company {PDF copy linked-hardcopy available upon request)
CITY MANAGER APPROVAL: ---11-~ o?~
Firm Name
FY16 $
FY17
FY18
FY19
$
Single Audit Fed 1
Single Audit State2
SRF Loan report
Estimated Hours
City of Atlantic Beach
AMENDED ITEM 3E
SEPTEMBER 12, 2016
Auditor Selection Committee Price Reconcilation
Moore Stephens Lovelace Carr Riggs Ingram Purvis Gray & Company
Orlando Gainesville Gainesville
46,000 $ 42,000 $ 40,800
47,000 42,750 41,000
48,000 43,750 42,000
49,000 45,000 43,000
190,000 $ 173,500 $ 166,800
3,500 2,800 3,000
2,500 1,000 3,000
2,000 300 500
n/a 390 380
1 -Applicable only if COAB spends more than $750k in federal funds in a fiscal year. I do not think we
will meet this threshold in FY16 or FY17
2 -Applicable only if COAB spends more than $7501< in state funds in a fiscal year. I do not think we w i ll
meet this threshold in FY16 or FY17
Do l lar Cost Bid
PURVIS, GRAY AND COMPANY, LLP
PROFESSIONAL AUDITING SERVICES
CITY OF ATLANTIC BEACH, FLORIDA
REQUEST FOR PROPOSAL NO. 16-03
DOLLAR COST BID
Estimated
Partner
Managers and Seniors
Staff
Clerical
All-inclusive Fee for Audit, September 30, 2016
All-inclusive Fee for Audit, September 30,2017
All-inclusive Fee for Audit, September 30,2018
All-inclusive Fee for Audit, September 30, 2019
Additional Fee for Federal Single Audit, if Appli cab I e, Each Year
Additional Fee for State Single Audit, if Applicable, Each Year
Additional Fee for Project-specific SRF Loan Report
Hours
80
200
60
40
380
Quoted
Hourly
Rates
$ 150 $
110
80
so
$
$
$
$
$
$
$
The above fee quote i nc I udes any out-of-pocket costs that may be incurred (i.e., travel, lodging, etc.).
Hourly rates for additional serv i ces vary based upon the I evel of staff (i.e., partner, senior, etc.)
required to perform the additional services. We agree to perform additional services at the same
hourly rates set forth above for completion of the basic audit.
Authorized Signature: _<6:J,_...o~:::.~~'--~-.!...------
Ronald D. Whitesides, C.P.A., Partner
City of Atlantic Beach, Florida-RFP# 16-03
AMENDED ITEM 3E
SEPTEMBER 12, 2016
Total
12,000
22,000
4,800
2,000
40,800
41,000
42,000
43,000
3,000
3,000
500
AG ENDA IT EM:
DATE:
SUBMITTED BY :
BACKGROUND :
BUDGET:
RECOMMENDATIONS :
ATTACHMENTS :
CITY OF ATLANTIC BEACH
CI TY COMMISS ION M EETING
STAFF REPOR T
AGENDA ITEM 4A
SEPTEMBER 12, 2016
Co ntr ac t s w it h Orga ni za t io ns Provi d ing Recreati o n Prog r ams at
Ci t y Fac ili ties
A ugust 25, 20 16
Timmy Jo hn so n, Recreation Di rect o r
Seve ral o rgan i zation s ha ve b een o ffering re crea tional progra m s at
City f acilit i es f o r m any yea r s. Th e Atlantic Beach Ex p er i m e n ta l
Th ea t er (AB ET) provid es plays and th ea t r ica l events f or public
pa rtici p at i on and en t ert ainment. Th e Atlantic Beac h Athle tic
Associa tio n (ABAA) pro vi des t wo seaso n s o fT-ba ll, so ftb all, an d
b aseba ll each year. Tennis professio n al Brecht Cata la n p rovid es
t en n is le sso ns o n Atlantic Beach co u rts. In t he pas t , each of th ese
orga ni zations entered into a co nt r ac t w it h th e City o f Atla nt ic
Bea ch whi ch includ ed the p ay m e n t o f a f ee f o r th e use o f th e
f ac ilit i es, fin an cia l st atem en ts, and in surance. W e al so h ave
Coas t a l Kicks Socc e r w hi ch p rovid es socce r trainin g and ga m es f or
kid s. These co ntract s have been u p da t e d f o r City Comm issio n
app r ova l.
Th e orga ni za t io n/pe rso n u n der co n tract pro vid es opp ortunit i es
f o r in clu si o n and participation fo r low income resid ents w h o may
not o th erwi se be abl e to affo r d t o pa rtic ipate.
Th e f ee in the con t r ac t s is $200 f o r th e yea r , which is con sis t e nt
w ith previous yea r s.
Autho ri ze the City M anager to si gn t h e attac h ed con t r acts w i th
ABET, A BAA, Coas t al Ki cks So cc er and Ten nis Prof ess i o n al Brec ht
Ca t al an
ABA A Pr o p ose d Con t rac t
A BET Prop ose d Con t ract
Coa sta l Ki cks Soccer Co nt r act
Tennis Pro f es sional Brec ht Ca t alan Pro pose d Co n t ract ..
REVIEWED BY CITY MANAGER : ~ ~ p:?~
AGENDA ITEM 4A
SEPTEMBER 12, 2016
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of. _______ _
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach,
Florida (904) 249-2985 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Baseball Facilities and Concession Building and Donner Park
Baseball Facility on Monday. Thursday. Friday and Sunday and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2016 through
September 30, 2017.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
1
AGENDA ITEM 4A
SEPTEMBER 12, 2016
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage ofRenter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
j. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost of re-keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a $10 per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15th day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15th day of January.
2
AGENDA ITEM 4A
SEPTEMBER 12, 2016
I. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1 ,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold harmless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use ofthe following
public facility: Jack Russell Baseball Facilities and Concession Building
and Donner Park Baseball Facilities on Monday, Thursday, Friday and
Sunday
o. Additional provisions agreed upon by the City and Renter: Renter will
actively recruit in low income areas, and provide scholarships, "work for
play" or other mechanisms to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees. Number of scholarships will not exceed 7.5% of total
registered players for that season.
4. Exclusive Use Dates and Times: August 1st through December l5 1h and
January 151 through July 31. The City retains the right to rent and use the
facility at other times not specified for use by the Renter.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition. "Renter agrees and understands the City intends to make
improvements to the property (e.g. drainage). Renter further understands the
facility use may need to be delayed or suspended during the time necessary
for completion of the improvements."
3
AGENDA ITEM 4A
SEPTEMBER 12, 2016
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of _______ _
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Atlantic Beach Experimental Theatre of Atlantic Beach,
Florida (904) 249-7177 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
The Adele Grage Cultural Center Theater, and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1. 2016 through
September 30, 2017.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 at the time of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
1
AGENDA ITEM 4A
SEPTEMBER 12, 2016
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited fmancial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
of the Renter.
J. Renter shall provide a written account of all security key cards to the
facility in possession of Renter at the end of the contract. If renter cannot
account for all keys, Renter will incur the cost of canceling the lost card
and issuing a new one. One key will be provided at no cost to Renter and
any additional keys will require a $20 per key fee at Renter's expense.
k. Renter shall maintain at all times during the lease tenn at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
2
AGENDA ITEM 4A
SEPTEMBER 12, 2016
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of. _______ _
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and COASTAL KICKS SOCCER, INC.,
(hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Russell Park Soccer Field
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from
2. through ____ _
3. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 plus tax at the time of signing this
agreement. Renter shall provide the City with a copy of its tax-exempt form or
other proof or evidence satisfactory to the City Manager of Renter's non-profit
status.
4. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
1
AGENDA ITEM 4A
SEPTEMBER 12, 2016
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management of the public facility, together with all rules and requirements
of the police and fire departments ofthe City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use of the facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. lbis may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the fmancial responsibility
of the Renter.
J. Renter shall provide a written account of all security key cards to the
facility in possession of Renter at the end of the contract. If renter cannot
account for all keys, Renter will incur the cost of canceling the lost card
and issuing a new one. One key will be provided at no cost to Renter and
any additional keys will require a liQ per key at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
addition to the exclusive use periods shall be requested through the
Recreation Director under the general rules, i.e., a facility may be
requested for short term use by applying for such use after the 15th day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15th day of January.
2
AGENDA ITEM 4A
SEPTEMBER 12, 2016
l. Renter shall maintain at all times during the lease term at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1 ,000,000 for injuries to
persons in one accident, $1.000,000 for injuries to any one person, and
$1.000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State ofFlorida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold hannless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: North End of Russell Park Soccer/Multi-use Field
o. Additional provisions agreed upon by the City and Renter:
4. Exclusive Use Dates and Times: The Renter will be given Tuesdays,
Wednesdays, Thursdays, and Fridavs from 3:00pm to dark, and Saturdays
from 9:00am to 4:00pm.
5. Delivery of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Facilitv: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
3
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this day of. _______ _
AGENDA ITEM 4A
SEPTEMBER 12, 2016
at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter "City"), and Brecht Catalan, Tennis Instructor of 12855
Greenmeadow Place Jacksonville, FL 32246 (904) 241-4625 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility:
Jack Russell Park Tennis Courts 4, S, & 6 and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
daily, weekly, monthly, during a particular season, or the like, which is more than
a one-time use, and therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth
herein.
NOW THEREFORE, in consideration of the covenants and promises as set forth herein,
and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from October 1, 2016 through
September 30, 2017.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $214.00 at the time of signing this agreement.
Renter shall provide the City with a copy of its tax-exempt form or other proof or
evidence satisfactory to the City Manager of Renter's non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and
agrees, with the City, to deep and perform:
a. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
1
AGENDA ITEM 4A
SEPTEMBER 12, 2016
c. Renter shall provide to the City a copy of audited financial statements if
requested. In the event audited financial statements are not available,
renter shall provide all supporting documents and financial statements.
d. Renter shall insure compliance with all city, state and federal laws, as well
as any rules and regulations of the City for the government and
management ofthe public facility, together with all rules and requirements
of the police and fire departments of the City.
e. Renter shall allow no discrimination based on race, sex, age, religion,
national origin, disability or otherwise.
f. Renter shall make no alterations to the facility of a permanent nature
without the express written consent of the City Manager.
g. Renter's use ofthe facility is not exclusive outside of the dates and time as
set forth below.
h. Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This may
include removal and storage of Renter's property.
i. Renter shall correct any discrepancies noted by the City. Should the City
require corrective action, such action shall be the financial responsibility
ofthe Renter.
j. Renter shall provide a written account of all keys to the facility in
possession of Renter at the end of the contract. If renter cannot account
for all keys, Renter will incur the cost ofre-keying or changing of the
applicable locks. One key will be provided at no cost to Renter and any
additional keys will require a UQ per key fee at Renter's expense.
k. Any exclusive use shall be as set forth below. The use of the facility in
auuiLiun Lu Lh~ ~x.clusiv~ us~ p~riuus shall b~ rt:t..jU~sl~U Lhrough Lhc
Recreation Director under the general rules, i.e., a facility may be
requested for short tenn use by applying for such use after the 15 1h day of
each month for a day or time period within the next month. For example,
any organization requesting the short-term use of a City facility in the
month of February could apply for such use after the 15th day of January.
2
AGENDA ITEM 4A
SEPTEMBER 12, 2016
I. Renter shall maintain at all times during the lease tenn at Renter's cost, a
comprehensive public liability insurance policy protecting the City against
all claims or demands that may arise or be claimed on account of Renter's
use of the premises, in an amount of at least $1,000,000 for injuries to
persons in one accident, $1,000,000 for injuries to any one person, and
$1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
m. Renter may apply to the City Commission of Atlantic Beach for a waiver
of this insurance requirement. The City Commission shall consider such
application for waiver on a case by case basis, taking into account the
length of the lease tenn, use ofthe public facility, number of persons
involved in said use, cost of the insurance, and any other factors submitted
by Renter which unique and particular to the Renter.
n. Renter agrees to indemnify and hold hannless the City from any and all
liability, defense costs, including other fees, loss or damage which the City
may suffer as a result of claims, demands, costs or judgment against it,
arising from all activities engaged in by Renter in its use of the following
public facility: Jack Russell Park Tennis Courts 4, 5 & 6
o. Additional provisions agreed upon by the City and Renter: None
4. Exclusive Use Dates and Times: See the attached schedule. The City retains
the right to rent and use the facility at other times not specified for use by the
Renter.
5. Delivery ofFacility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities and utilities, and in clean
condition.
6. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the facility,
and the City Manager or his designee may enter the facility and all of the
demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the
facility other than herein specified, nor sublet the facility or any part thereof,
without the written consent of the City.
3
AGENDA ITEM 4A
SEPTEMBER 12, 2016
8. DEFAULT: In case the Renter shall default in the performance of any covenant
or agreement contained herein, and such default shall continue for ten (10) days
after receipt by the Renter of written notice thereof given by the City, then the
City, at its option, may declare this agreement ended. In that event, Renter shall
immediately remove all persons and its property from the facility, and failing to
do so, the City may cause such removal either with or without process of law, at
Renter's expense. These expenses shall include, but not be limited to, reasonable
attorney's fees incurred by the City, whether suit is filed or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
___ day of ____________ _
CITY OF ATLANTIC BEACH
By: --------------------~c Its:
"CITY"
4
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sewer Rehabilitat ion fo r FY 2016
SUBMITTED BY: Donald D . J acob ovit:l, P .E.~ ~ (/0
Publi c Works Director /~~
DATE: August 30, 20 16
AGENDA ITEM 48
SEPTEMBER 12, 2016
BACKGROUND: T h e C ity's 200 6 Sewer Master Pl a n Update r ecomm ended th at Lh e City
usc c ured -in-pl ace pipe technology to upg rade the old, c racked c lay sewer m a ins.
For past s ewer re habilitatio n projects, the City h as piggyb acked o n existing J EA con t rac ts.
These are la rge d o ll ar co n tracts that were competiti vely bid . J EA awarded a three-year contract
to lnsituform Technologi es, LLC on Febru ary 26, 20 16 for c ure d -in-place pipe.
T he sewer rehabilitation proj ect for FY 16 will include:
• Continu ation of cured-in-place pipe lining o n Sea Oats Drive, 17111 S treet, Park Terrace E.
and Park Ten-ace W .
U si ng the J EA contract unit prices for lnsituforrn, th e cost for cure d -in-place pip e rehabi litation
for the p roject is $206,703.65.
Any point r epairs found necessary would be completed w ith the C i ty's a mlU a l Uti lity Contractor.
BUDGET: T he tota l fund s for the sewer rehabilitation project (Project ffPU1607) are budgeted
in the Sewer Fund unde r account number 410-5506-535-63 00.
RECOMMENDATION: Authori ze Ins ituform Technologies, LLC to ins tall cured-i n-place
pipe (ClPP) for the FY16 Sewer R ehabilitatio n P roj ect in the amount of$206,703 .65 , using
s pecificatio ns and pticing in J EA Contract No. 152566. Authorize th e City M a n ager to s ign the
co ntract w ith Ins itufonn Tcclu10logies, LLC.
ATTACHM ENTS: I.
2.
3.
Cost Proposal for proj ect using J E A 's lnsitutbrm contr act pricing.
ln s itufonn Technologies, LLC contract.
Proj ect Map
..
REVIEWED BY CITY MANAGE R:_:-11~--.:·Joe;k-=Oc,..,..:,.=~,;t;_-=t..e.v=~'----------
~ lnsituform
hcftnDIL'QiB$, LLC
August 8, 2016
Kayle W. Moore, P.E.
Deputy Public Works Direc tor
City of Atlantic Beach
1200 Sandpiper Ln
Atlantic Beach, FL 32233
(904) 247-58 34
kmoore@coaP. us
6972 Busin ess Park Bll.d
Jacksonvi lle, FL 32256
RE: CIPP-Sea Oa ts Dr, 17th St, Park Ter E, Park Ter W proposa l
Dear: Kay le
Tel ; (904) 237-3426
Fa x: (904) 280-4162
www.insjluform .com
AAJA·TY6UJG
AGENDA ITEM 48
SEPTEMBER 12, 2016
Insltuform Technologies, LLC . (ITLLC) is pleased to provide the following proposal for th e rehabili ta ti on of sewers In
using "Cured -In -Pl ace -Pi pe" (CIPP). Thi s proposa l is based off of the ex isting contract betwe en In sltu form and JEA
#014-16 usin g the "piggyback" meth od . All terms and conditions app ly.
I PROPOSAL PRICING
ITLLC prop oses the following pricing for the scope of se rv ices described herein:
Item Description lkllt Qty lklit Price Total Price
1 CfPP 8" x 6mm LF 473 1 $28.10 $132,941.10
3 CJPP 12" x6mm LF 917 $32.75 $30,031.75
26 Reconnect Exis ting Services EA 71 $250.00 $17,750 .00
32 cc rv & Li g ht Clea n 8"-2 1" LF 5648 $4 .60 $25,980.80
TOTAL $206,703.65
I ASSUMP110NS AM) QUALIFICATIONS
ITLLC's Proposal Pr icing is ba se d upon the foll owing assumptions and clarifi ca tion s:
1. ITLLC assumes the work will be completed during dry weather conditions.
Page 2
8 31 2016
AGENDA ITEM 48
SEPTEMBER 12, 2016
2. Quantities are estimated. Customer shall be invoiced for actual quantities at the above unit prices.
I ffiLC SCOPE OF WORK I RESPONSIBILITIES
ITLLC will provide the following:
1. Mobilization and demobilization of personnel, equipment, and materials to and from the Project site. The
price presented is based upon one (1) instance of mobilization and demobilization.
2. Light cleaning of the pipe prior to lining. Light cleaning is defined as up to three (3) passes with a standard jet
nozzle. Any cleaning beyond this is considered heavy cleaning.
3. CCTV inspection of the pipe prior to lining pipe.
4. Install polyester impregnated CIPP liner in accordance with ASTM F1216 or F1743 using either water or
air/steam, at the discretion of ITLLC.
5. CCTV inspection of the pipe after the lining is complete.
6. Standard ITLLC one-year warranty from date of installation, excluding any required warranty TV inspection
and/or testing.
7. Standard insurance coverage with the following limits:
General Liability: $2,000,000 per occurrence/$4,000,000 aggregate
Auto: $2,000,000 Combined Single Limit
Workers Compensation: Statutory with $1,000,000 Employer's Liability
The above insurance shall not include Primary and Non-Contributory Coverage and ITLLC shall not provide
a Waiver of Subrogation endorsement.
NOTE: Modifications to the Scope of Work I Responsibilities of ITLLC may result in a change in price and/or
duration.
I EXCLUSIONS:
The following items are excluded from ITLLC's above Pricing and Scope of Services I Responsibilities stated in this
Proposal. These items, if necessary, applicable or otherwise required, shall be furnished by Customer, at
Customer's direction and at no cost to ITLLC or may, upon mutual agreement in writing between ITLLC and
Customer, be provided by ITLLC at an additional cost:
1. Permits, licenses and construction easements.
2. Access to and use of fire hydrants and/or sufficient water supply (within 500ft. of the installation site) to
complete flushing and CIPP installation.
3. Obstruction removal (calcium, concrete, mineral deposits, roots, etc.) and/or protruding tap removal.
4. Point repairs.
5. Repair of pipe damaged during any industry standard high-pressure jet cleaning operations, preparation or
lining and any subsequent cleaning necessary to remove debris that has fallen into the pipe as a result of any
such collapse or repair.
6. Equivalent pipe diameter access from the invert to the street level. This may include removal of the frame,
cover and/or cone section of the liner installation manhole(s) such that the opening at the street level is no
less than equivalent to the pipe diameter.
7. Locations of and access (of ITLLC equipment and/or personnel) to all manholes associated with the Project
and as required by ITLLC's work plan.
8. Restoration of any area damaged during the liner installation process.
9. Payment and Performance bonds. If payment and performance bonds are required, add 1.5% to the total
Project cost.
10. Removal and disposal of any hazardous or toxic materials encountered during the Project.
11. Holiday work, rush delivery or adverse weather work (as defined by ITLLC).
12. Complete independent testing of liner samples from each installation.
13. State and local sales and/or use taxes.
14. Additional premiums for special insurance coverage(s) specific to this project.
15. Any change in scope such as diameter and length not specified in plans. I GEr-.ERAL 'T'I;RMS AN> CON>ffiONS:
AGENDA ITEM 48
SEPTEMBER 12, 2016
Page 3
8 31 2016
1. ITLLCs Proposal is conditioned upon Customer's acceptance of the terms and conditions set forth herein.
Customer's ordering of material or services by purchase order or otherwise, shall be treated as Customer's
acceptance of such terms and conditions. All terms and conditions in Customer's purchase order or in any
other communication to ITLLC, whether submitted previously or subsequently to this Proposal, which are
additional to or inconsistent with the terms and conditions of this Proposal are not binding upon ITLLC and
shall not be applicable to this Proposal, except to the extent accepted in writing by ITLLC. Any change or
amendment to this Proposal, to be binding upon ITLLC, must be accepted in writing by ITLLC.
2. ITLLC has based its Proposal on a nominal wall thickness for the Insitutube as shown in the price. This is
based on the best available information at the time of this Proposal. Existing pipe deterioration in excess of
the conditions assumed, ground water loads in excess of those assumed, or other loads or conditions may
increase the recommended thickness for all or portions of the work. Final recommendations may be
submitted to you following the completion of the preliminary TV phase of the project. Stated prices are
subject to adjustment if design changes are agreed upon.
3. This Proposal is valid for 30 days, unless otherwise extended by ITLLC.
4. PAYMENT: Payment is due in full, without exception or retention, within 30 days of the date of the invoice.
Monthly partial progress payments may be requested for the value of work in progress or completed, including
materials delivered to the Project site. Payments due and unpaid shall bear interest at the rate of 1112 % per
month from the date payment is due. Should ITLLC incur costs or expenses to collect monies claimed due
hereunder from Customer, Customer shall pay to ITLLC, in addition to all other sums due to ITLLC, attorneys'
fees, consultants' costs, and other expenses and costs, including but not limited to litigation and/or arbitration
expenses and arbitrator compensation, in connection therewith.
5. Should ITLLC learn of any information that causes ITLLC concern about Customer's ability to pay and/or
perform any of its obligations owing to ITLLC under Proposal, ITLLC has the right to request Customer to
provide ITLLC adequate assurance of due performance on such terms as are deemed reasonable by ITLLC
when acting in good faith, including the right to await full or partial payment from Customer as demanded by
ITLLC. In such an instance, ITLLC may suspend its performance pending ITLLC's receipt of adequate
assurance ofdue payment and/or performance in a manner found acceptable by ITLLC.
6. ITLLC shall not be responsible for any inability to perform under this Proposal or for any loss or damage due to
delays or disruptions resulting directly or indirectly from, or contributed to by, any act of God, action or
omission of Customer, act of civil or military authorities, fire, strike or other labor dispute, accident, flood,
adverse weather, war, riot, terrorism, transportation delay, inability to obtain material or fuel supplies, or any
other circumstances beyond ITLLCs reasonable control, whether similar or dissimilar to any of the foregoing.
If ITLLC crews are delayed on site for reasons beyond the control of ITLLC, then ITLLCs standby time will be
invoiced to Customer at an hourly rate of$ 1,600.00 per hour.
7. Claims for Changed, Concealed or Unknown Conditions: If conditions are encountered at the site which are
(1) materially changed; (2) subsurface or otherwise concealed physical conditions which differ materially from
the information upon which this Proposal is based or (3) unknown physical conditions of an unusual nature,
which differ materially from those ordinarily found to exist and generally recognized as inherent in construction
activities of the character provided for herein, then the Proposal Price and Time shall be equitably adjusted to
address the conditions.
8. LIMITED WARRANTY: ITLLC WARRANTS TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY ITI WHICH ARE BROUGHT TO THE ATTENTION OF ITLLC IN WRITING WITHIN ONE YEAR
FOLLOWING COMPLETION OF ITLLC'S WORK, PROVIDED CUSTOMER AFFORDS ITLLC SUITABLE ACCESS AND
WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
9. Except for the express warranty forming a part of this Proposal, ITLLC DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ITLLC'S llABILITY TO CUSTOMER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE,
IS LIMITED TO THAT PERMmED UNDER THIS PROPOSAL, AND SHALL IN NO EVENT EXCEED THE PRICE
Page 4
8 31 2016
AGENDA ITEM 48
SEPTEMBER 12, 2016
HEREUNDER. NOTWITHSTANDING ANYTHING SEEMINGLY TO THE CONTRARY, ITLLC SHALL NOT BE LIABLE
TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST TIME, DELAY, DISRUPTION, INTERFERENCE, LOSS
OF PRODUCTNITY, INCONVENIENCE, LOST INCOME, OR LOST PROFITS.
10. This agreement may be terminated by either party upon seven (7) days written notice should the other party
fail substantially to perform in accordance herewith through no fault of the party initiating the termination.
11. The terms and conditions of this Proposal form the entire agreement between the parties. All other terms,
proposals, negotiations, representations, recommendations, statements or agreements, whether made or
issued contemporaneously or previously, are excluded from and are not a part of this Proposal, and have no
binding or enforceable effect. This Proposal, if accepted, shall be binding on the parties and their respective
successors and assigns.
The information contained in this letter is proprietary to Insituform Technologies, LLC. and shall be retained by the
recipient in confidence and shall not be published or otherwise disclosed to third parties without the express written
consent of Insituform Technologies, LLC. The foregoing shall not preclude the use of any data which (i) was in its
possession without restriction as to use prior to receipt as proprietary of the same or similar data from Insituform
Technologies, LLC., (ii) is or becomes available from a public source on or after such receipt from Insituform
Technologies, LLC. or (iii) is obtained by the recipient from a third party not under obligation of confidentiality or
other restriction with respect to use.
Please do not hesitate to contact me with any further questions.
Very truly yours,
Insituform Technologies, LLC.
tJ<Wf iii: s~
Gary R Shutts
Business Development Mgr.
Accepted By: ------------------
(signed)
Accepted By: ------------------
(printed)
Date:---------
Title:---------
AGREEMENT
UTILIZING JEA CONTRACT #152566
BETWEEN THE
CITY OF ATLANTIC BEACH
AND
INSITUFORM TECHNOLOGIES, LLC
FOR SEA OATS SUBDIVISION SEWER UPGRADE
AGENDA ITEM 48
SEPTEMBER 12, 2016
THIS AGREEMENT, made and entered into in duplicate this day
of , 2016 (hereinafter referTed to as the "Effective Date"), by and
between the CITY OF ATLANTIC BEACH, a municipal corporation existing under the
Constitution and the laws of the State of Florida, (hereinafter referred to as the CITY) and
INSITUFORM TECHNOLOGIES, LLC, a Delaware limited liability company authorized
to do business in Florida with principal office at 17988 Edison A venue, Chesterfield, MO
63005 (hereinafter referred to as the Contractor), for the Sea Oats Subdivision Sewer
Upgrade (hereinafter referred to as the Project).
WITNESSETH:
WHEREAS, effective February 26, 2016, JEA entered into Contract Number
152566 (hereinafter referred to as the "JEA Contract") with Contractor; and
WHEREAS, said Contract is in full force and effect until February 25, 2019 and
has been competitively procured and awarded by JEA as contracting authority according
to Florida law; and
WHEREAS, The Atlantic Beach Code, more particularly Section 2-336 (6), Code
of Ordinances authorizes and allows the CITY to use inter alia contracts of other local
governmental entities, including JEA, which have been competitively procured and
awarded; and
WHEREAS, the JEA Contract is broad enough to include the Project and
Contractor has agreed to allow the CITY to use its JEA Contract; and
WHEREAS, it is in the best interest of the parties to use the JEA Contract for the
Project and to add those contractual provisions the CITY is required to use by ordinance
or policy; now therefore
AGENDA ITEM 48
SEPTEMBER 12, 2016
IN CONSIDERATION of the premi ses and of the mutual covenants and
agreements herein after contained, and for other good and valuable considera ti on the parties
agree as follows:
ARTICLE 1: Incorporation of Recitals:
The above sta ted recitals are true and co t1'ect and, by this reference , are made a part
hereof and are incorporated herein.
ARTICLE 2: Engagement of Contractor:
C ITY hereby engages Contractor and Contractor_hereby accepts said engagement
for the purpose of cons tru cting Cured-in-Pl ace Pipe for the Sea Oats Subdivision Sewer
Upgra de Project, as described in and according to the provi sions of: the JEA Cont ract
and it s exhibits, eq uipm ent descriptions and quotations made thereunder (hereina fte r
referred to as the Work), and, by thi s reference , made a part hereof and are incorporated
here in ~ and in accordance wit h the other provisions , req ui red by law , ordin ance or policy
for U1 e C lTY , co ntain ed in this Agreement. With respect to the Project , the provision s,
terms and condition of the JEA Co ntra ct s hall apply unl ess spec ifi cally preempted herein.
Therefore, any conflict between the provisions of this Ag reement and those in the J EA
Contract shall be resolved in favor of this Agreement, but only to the extent of any conflict.
ARTICLE 3: Coot·dination and Services Provided by CITY:
C ITY shall designate a Project Manager who wi ll , on behalf of the C ITY, coordinate
with Con tr actor and admini ste r this Ag ree ment acco rdin g to the term s and cond ition s
conta in ed here in and in the Exhi bit(s) atta ched hereto an d made a part he reof. It sha ll be
the responsib ility of Manager to coo rdin ate all Project related act iviti es wi th the designated
Project Manager. T he C ITY 's Project Man ager s hall be: Kayle Moore, P.E., Deputy Public
Work s Director (Phone: 904-247-5834; Fax: 904-247-5843; E-mai l: kmoore @coab.us) or
other des ignee as directed by the Publ ic Works Director.
A RTICLE 4: Duration of Agreement/Pricing Available to Other Entities:
T he term of this Agreement sha ll commence on the Effective Date and sha ll
co ntinu e a nd remain in full force an d effect as to all its terms, condit ion s and provisions as
AGENDA ITEM 48
SEPTEMBER 12, 2016
set forth herein, through a period of time which is the earl ie r of the Co ntractor's delivery
and City 's acceptance of the Project wi thin the time period set fotth in any purchase order
or tw e lv e ( 12) months from the Effective Date.
ARTICLE 5: Payments for Services of Contractor:
5.1. Excep t as provided in Section5.2 hereof, the CITY will co mp ensate Con tractor
for the Project in accordance with purchase ord ers issued and used by the C it y of Atlantic
Beach Purchasing Department; provided howe ver, payment invoices sha ll be se nt to the
aut hori zed City representative as spec ified in sai d purchase order or other subseq uent
writte n instrument signed by th e City 's Project Manager.
5.2. Notwithstanding any contrar y provision, the maximum indebtedness of th e
C ITY for all fees , re imbursable items or oth er cos ts, to the Contractor for the Project,
pursuant to thi s Agreement, shall not excee d th e a mo unt of Two Hundred S ix Thousand,
Seven Hundred and Three Dollars and Sixty-Five Centers ($206, 703 .65) unl ess approved
in wr iting by amend ment to the Purchase Order.
ARTICLE 6: Notice:
Any and a ll required notice to the C lTY under thi s Agreement sha ll be delive red by
certifi ed mai l, retum receipt requested , or by oth er de liv ery w ith receipt to the following :
Kayle W. Mo ore, P.E .
Dep uty Public Work s Director
1200 Sandpiper Lane
Atlantic Beach, FL 32233
kmoore@coab. us
ARTICLE 7: Laws, Ordinances, Rules and Regulations:
In th e cons tru ct ion of the Project, the Contractor mu st co mpl y with any and a ll
appli ca bl e federa l, state and loca l laws , rules, regulations and ordinances, as the same exis t
a nd may be amended from time to time. Such laws , rules , regu lations an d ordinances s ha ll
include, but are not limited to, Chapter 119, Flo rida Statutes , (the Florid a Public Records
-3-
AGENDA ITEM 48
SEPTEMBER 12, 2016
Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law), as they apply to
the Project contemplated in this Agreement. If any of the obligations of this Agreement
are to be performed by a subcontractor, the provisions of this Section shall be incorporated
into and become a part of the subcontract.
ARTICLE 8: Conflict of Interest:
The parties will follow the provisions of applicable ordinances and laws with respect
to required disclosures by public officials who have or acquire a financial interest in a bid
or contract with the CITY, to the extent the parties are aware of the same.
ARTICLE 9: Non Discrimination:
The Contractor represents that it has adopted and will maintain a policy of non
discrimination against employees or applicants for employment on account of race,
religion, sex, color, national origin, age or handicap, in all areas of employment relations,
throughout the term of this Agreement. The Contractor agrees that, if any of the Services
to be provided pursuant to this Agreement are to be performed by a subcontractor, the
provisions of this Article shall be incorporated into and become a part of the subcontract.
ARTICLE 10: Counterparts:
The parties agree that for the execution of this agreement, time is of the essence.
Therefore, this Agreement, and all amendments thereto, may be executed in several
counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument. The parties further agree that
facsimile ("fax") or e-mail transmission of all signatures with originals to follow shall
constitute and be evidence of an executed Agreement.
[Remainder of page is left blank intentionally. Signature page follows immediately.)
-4-
AGENDA ITEM 48
SEPTEMBER 12, 2016
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
Donna Bartle
City Clerk
ATTEST:
CITY OF ATLANTIC BEACH
Nelson Van Liere
City Manager
INSITUFORM TECHNOLOGIES, LLC
Debra Jasper
Contracting and Attesting Officer
Diane Partridge
Contracting and Attesting Officer
-5-
Call to order
MINUTES
Board Member Review Committee Meeting
Apri128, 2016
5:00p.m.
AGENDA ITEM SA
SEPTEMBER 12, 2016
The meeting was called to order at 5:00 p.m. by Commissioner John Stinson. In attendance were
Commissioner John Stinson (Chairman), Members JelTy Johnson, Mike Paschall, and Solomon
Brotman, Cultural Alis and Recreation Advisory Committee Chair Grant Healy, and City Clerk Donna
Bartle.
1. Approval ofthe minutes of the BMRC meeting of January 28, 2016.
Motion: Approve minutes of the Board Member Review Committee meeting of January 28,
2016.
Moved by Paschall, seconded by Brotman
Motion carried unanimously
2. Interview the new candidates (listed below) for consideration to the Cultural Arts and
Recreation Advisory Committee.
A. John Bishop
B. Marina Kaplan
C. Ellen Glasser
D. Beverly Norman
E. DawnPope
The Committee interviewed each candidate listed above separately. An overview of the duties and
responsibilities including the events, programs and activities of the Cultural Arts and Recreation
Advisory Committee were explained to each of the applicants. Each candidate explained their
personal accomplishments, experience, goals and interests in the community. The Committee offered
the opportunity to ask questions and the Committee responded to those questions.
3. Make recommendations on filling vacancies on the Cultural Arts and Recreation Advisory
Committee.
It was noted that Grant Healy, Louis Cantania, Pamela White and Jay Wilson's terms expire on July 8,
2016. The Committee discussed the culTent members and decided to address the reappointments
before addressing new membership. The Committee made the following recommendations:
Motion: Recommend reappointing Grant Healy, Pamela White and Jay Wilson to the Cultural
Arts and Recreation Advisory Committee for an additional term beginning July 9, 2016 and
ending July 8, 2018.
Moved by Brotman, seconded by Paschall
Motion carried unanimously
The Committee discussed the new candidates and made the following recommendations:
Motion: Recommend appointing Beverly Norman to the Cultural Arts and Recreation Advisory
Committee for the term beginning July 9, 2016 and ending July 8, 2018.
Moved by Paschall, seconded by Brotman
Motion canied unanimously
AGENDA ITEM SA
SEPTEMBER 12, 2016
Motion: Recommend appointing Marina Kaplan to the Cultural Arts and Recreation Advisory
Committee for the term beginning July 9, 2016 and ending July 8, 2018 contingent on her
residency status in Atlantic Beach.
Moved by Brotman, seconded by Healy
Motion carried unanimously
Motion: Recommend appointing Dawn Pope to the Cultural Arts and Recreation Advisory
Committee beginning July 9, 2016 and ending July 8, 2018.
Moved by Brotman, seconded by Paschall
Motion carried unanimously
The Committee discussed waiting until after June 1st to bring these recommendations to the
Commission for action in order to allow time to check on Ms. Kaplan's residency status. They also
discussed having an alternate choice in the event that another recommendation was needed.
Motion: As an alternate choice, recommend appointing John Bishop to the Cultural Arts and
Recreation Advisory Committee.
Moved by Healy, seconded by Paschall
Motion carried unanimously
4. Other Business.
Commissioner Stinson explained his plan to meet with all the Board and Committee Chairs and
Liaisons to discuss any issues they may have pertaining to their respective board or committee and to
solicit ideas and solutions.
Adjournment
There being no other business, the meeting adjourned at 7:19p.m.
John M. Stinson
Chailman
Draft-Minutes of the Board Member Review Committee Meeting on Apri/28, 2016 Page 2 of2
CITY OF ATLANTI C BEACH, FLORID A
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 7A
SEPTEMBER 12, 2016
AGENDA ITEM: Pub li c He arings on adopt in g a Ten tat ive Mi ll age Rate and adopting Ordinance #20-
16-140 establi shin g th e Operating Budget for fisca l year 20 16/20 17.
SUBM ITTED BY: Russell Caffey, F inan ce Director ~jV
DATE: August 26, 20 16
BACKGROUND : In order to adopt a mi ll age ra te and operati ng budget, the City Commission must
ad here to a s tr ic t process per state law. Please find attac hed an outl in e for the pub li c hearin gs to be held
on September 12111 , 20 16 i n th e Com mi ss io n Chamb ers at 6:30pm as was not iced to a ll properly owners
by th e Duval Co unty Property Appraiser's Office. The format is th e same as in previous years and is to
be read into the record as prese nted in order to assure comp li ance with the TRJM laws (s.200.065, F.S .).
Prior to th ese hea ri ngs , the Ci ty Manager presented a Proposed Operating Budget and held two public
worksho ps to rev iew and make adjustments with the City Commiss ion's guidance. The Proposed
Operaling Budget is funded using the mi ll age rate of3.2285 mills. Thi s is a 1.67% increase over the roll
back rate.
A ll changes to arri ve at iinaJ budget we re discussed in th e budget workshops. (See Sched ul e A)
There will be a second public hearin g for the fina l adopt ion of the mi ll age by resolution and a second
public hearing for the fina l adoption of the Operating Budget, Ordinance #20-16-140, on September 26t11 ,
20 16 at 6:30 in the City Commissio n Cham bers.
RECOMMENDATION:
l .) Hold two public hearings as desc rib ed in the attac hed ou tlin e to app ro ve both the Tentative
Mi llage Rate of3.2285 mi ll s and the Operating Budget Ordin ance #20-16-140 with tota l
expenditures of $31,690 ,466.
2.) Set t he Time and Date or th e Seco nd Public Hearing at September 26, 20 16 at 6:30p m. In
the Commiss ion Chambers of City Hall.
ATTACHMENTS: Agenda for Pub.lic Hea ri ngs
Ordinance# 20-16-140
Budget Summary of aJl funds
Schedule: Schedu le A: Changes fro m Proposed Budget to Fina l Budget
REVIEWED BY CITY MANAGER: --r1. ?-"~ ,.;?'UA--t'
ORDINANCE NO. 20-16-140
AGENDA ITEM 7A
SEPTEMBER 12, 2016
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017.
WHEREAS, the City Commission ofthe City of Atlantic Beach, Florida, on September 12, 2016, held a
public hearing as required by Florida Statute 200.065; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set f01ih the appropriations and
revenue estimate for the budget for Fiscal Year beginning October 1, 2016 and ending September 30, 2017
in the amount of $31,690,466.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2017 budget be adopted, and
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of September 2016.
Passed by the City Commission on second and final reading this __ day of September 2016.
Mitchell E. Reeves
Mayor I Presiding Officer
Approved as to form and correctness:
Brenna M. Durden
City Attorney
ATTEST:
Donna L. Bartle
City Clerk
AGENDA ITEM 7A
SEPTEMBER 12, 2016
ADOPTION OF A TENTATIVE MILLAGE AND OPERATING BUDGET FOR FISCAL YEAR
2016/2017
First item to be considered:
Adoption of a Tentative Millage Rate
State the following:
The Millage Rate is 3.3285
The Tentative Millage Rate is 3.2285
The Roll-Back Rate is 3.1754
The Tentative Millage Rate is 1.67% more than the roll back rate.
The purpose for adopting the millage rate of 3.2285 is to maintain a level of ad valorem
tax revenue sufficient to suppmt funding for the proposed level of services at anticipated
and proposed cost and to continue to maintain the City's infrastructure.
Motion to adopt a Tentative Millage Rate for operating purposes of3.2285
Open Public Hearing
Close Public Hearing
Discussion and Vote
Second item to be considered:
Ordinance #20-16-140 establishing the Operating Budget for fiscal year 2016/2017 of$31,690,466
Motion to adopt Ordinance #20-16-140 establishing the Operating Budget for fiscal year
2016/2017
Open a Public Hearing
Close Public Hearing
Discussion and Vote
Schedule A
AGENDA ITEM 7A
SEPTEMBER 12, 2016
Changes from Proposed Budget to Final Budget
REVENUES:
Originally Proposed Revenues:
General Fund -Ad Valorem Tax Revenue
Revenue reduction of 1/1 oth of a mil
Revised Final Budgeted Revenues
EXPENSES:
Originally Proposed Expenses:
General Fund
Media Relations Specialist
Wi-Fi-3 recreation centers
Low Speed Vehicle Program
Additional overtime for additional cleanup costs at City events
Half Cent Discretionary Sales Tax Fund
Lifeguard Stations Improvements
Shade Structure at Sunset Pier
City Event Sign -Mayport Corridor
Convention Development Tax Fund
Sea Turtle Program-Signage
Local Option Gas Tax Fund
Digital Lighting at Pedestrian Crossing
Revised Budgeted Expenses:
$30,920,215
(143,285)
$30.776.930
$31,506,567
42,799
5,100
30,000
2,000
50,000
30,000
3,000
10,000
11,000
$31.690.466
AGENDA ITEM 7A
SEPTEMBER 12, 2016
City of Atlantic Beach
Combined Summary of Revenues and Expenditures
Summary of all Funds
Actual Actual Estimate Budget Increase
2013-2014 2014-2015 2015-2016 2016-2017 {Decrease}
Cash Forward 39,179,331 40,795,935 43,152,248 42,178,506 {973,742}
Revenues
General Fund 11,204,899 11,270,909 11,627,343 12,276,885 649,542
Special Revenue Funds 1,551,889 1,546,872 2,210,872 1,614,739 {596,133)
Debt Service Fund
Capital Project Fund 364,822 82,675 1,588,408 326,100 (1 ,262,308)
Enterprise Funds 12,182,098 11,710,693 11,796,874 12,507,780 710,906
Trust and Agency Funds 3,105,080 2,118,275 3,978,960 4,051,426 72,466
Total Revenues 28,408,788 26,729,424 31,202,457 30,776,930 (425,527)
Other Financing Sources 89,590 218,662
Total Resources 67,677,710 67,744,020 74,354,705 72,955,436 {1 ,399,269}
Expenditures
General Fund 10,861,273 10,624,305 12,335,875 12,356,784 20,909
Special Revenue Funds 1,418,672 1,321,876 2,210,389 2,245,100 34,711
Debt Service Fund 73,113
Capital Project Fund 98,073 442,723 4,146,078 385,000 {3,761 ,078)
Enterprise Funds 12,446,983 9,487,855 11,716,131 14,744,173 3,028,042
Trust and Agency Funds 1 ,448,128 1,784,840 1,767,726 1,959,409 191,683
DIVISION TOTALS 26,346,241 23,661,600 32,176,199 31,690,466 {485,733}
Other Financing Uses 535,535 930,173
Cash Reserves 40,795,935 43,152,248 42,178,506 41,264,970 {913,536}
Total Expenses and Cash 67,677,710 67,744,020 74,354,705 72,955,436 {1 ,399,269}
Resource Allocation
Personnel Services 9,149,396 9,067,644 9,675,939 10,482,633 806,694
Operating Expenses 10,119,154 10,310,196 11,357,668 11,775,898 418,230
Capital Outlay 3,299,043 2,196,414 6,992,017 5,448,300 (1 ,543,717)
Debt Service 2,151,646 739,136 1,964,401 2,008,190 43,789
Transfers 1,627,003 1,348,210 2,186,174 1,975,445 (210,729)
Total 26,346,241 23,661,600 32,176,199 31,690,466 {485,733}
ORDINANCE NO. 90-16-225
AGENDA ITEM 78
SEPTEMBER 12, 2016
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC BEACH,
FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO THE FILING
AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES KNOWN AS
AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-MINOR, AUTOMOTIVE
REPAffi-HEAVY, CAR WASHES AND CONVENIENCE FOOD STORES WITH
FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY WHICH ARE ZONED
COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL ("CG"), LIGHT INDUSTRIAL
AND WAREHOUSING ("LIW") OR SPECIAL PLANNED AREAS ("SPA"); PROVIDING
PROIDBITION AND SUSPENSION OF ANY SUCH ZONING AND PERMITTING APPROVAL
WITH EXEMPTIONS; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
UNTIL AUGUST 22, 2017, UNLESS TERMINATED BY THE CITY COMMISSION AT AN
EARLIER DATE; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ZONING DISTRICTS SUBJECT TO
THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF LAWS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, A1ticle VIII, Section 2 of the Florida Constitution provides that municipalities shall
have governmental, corporate and proprietary powers to enable municipalities to conduct municipal
government, perform municipal functions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may exercise
any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act", reinforces
the authority granted under the Florida Constitution and authorizes municipalities to exercise any power
for municipal purposes, except when expressly prohibited by law and to enact ordinances in further
thereof; and
WHEREAS, the City wants to review whether automotive service stations, automotive service-
minor, automotive repair-heavy, car washes and convenience food stores with fuel/gasoline sales
(hereinafter collectively "Automobile Service Stations") should be allowed in areas zoned CL, CG, LIW
and SPA, and, if so, under what conditions and review standards; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to protect
individual rights, while at the same time promoting the health, safety and welfare of the people, including
the compatibility of development and aesthetic impacts of development in the City; and
WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve the public
peace and good order and to safeguard the health, safety, morals and welfare of the community and
00682684-1
Ordinance No. 90-16-225 1
AGENDA ITEM 78
SEPTEMBER 12, 2016
citizens thereof, it is necessmy and advisable to enact a temporary moratorium on the permitting
approvals of certain Automobile Service Station facilities in the City; and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida finds it necessary for
the promotion of the public safety and welfare that this Ordinance be enacted; and
WHEREAS, at the City Commission meeting held on July 11, 2016, the Commission discussed a
potential moratorium on Automobile Service Station facilities and directed the City Attomey to prepare a
draft ordinance and to place it on the July 25, 2016 meeting agenda for discussion purposes; and
WHEREAS, a draft of this Ordinance dated July 14, 2016 was included in the Agenda Packet for
the July 25, 2016 City Commission meeting for discussion purposes; and
WHEREAS, on July 25, 2016, the City Commission did review and discuss a draft of this
Ordinance and directed that it be placed on the Commission's August 8, 2016 meeting agenda for first
reading; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the City of
Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF CITY OF ATLANTIC
BEACH, FLORIDA, THAT:
SECTION 1. RECITALS. The aforementioned recitations are incorporated herein by
reference.
SECTION 2. TITLE
This Ordinance shall be known and may be cited as the "Automobile Service Station Moratorium
Ordinance".
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-automotive" set
fm1h in Section 24-17 ofthe City's Land Development Regulations.
(b) "automotive service -minor" and "automotive repair -heavy" have the same meanings
as set fm1h in Section 24-17 of the City's Land Development Regulations.
00682684-1
Ordinance No. 90-16-225 2
AGENDA ITEM 78
SEPTEMBER 12, 2016
(c) "car wash" has the same meaning as set forth m Section 24-17 of the City's Land
Development Regulations.
(d) "convenience food stores with fuel/gasoline sales" means retail outlets for a variety of
products such as daity, bakety, snack foods, beverages (alcoholic and non-alcoholic), tobacco, grocety,
health and beauty aids, fast foods to go, meats and produce, and includes dispensing of fuels and other
automotive goods and related services. The term does not include supennarkets. Generally these stores
are less than 7,500 square feet in size. These stores may also include sit-down restaurant areas.
(e) Taken together, the terms "automotive service station," "automotive service-minor,"
"automotive repair-heavy," "car wash" and "convenience food stores with fuel/gasoline sales" shall be
refened to collectively herein as "Automobile Service Stations."
SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM
This Ordinance shall be applicable to all properties zoned as Commercial Limited ("CL"),
Commercial General ("CG"), Light Industrial and Warehousing ("LIW") or Special Planned Areas
("SPA"), located within the boundaries ofthe City of Atlantic Beach.
SECTION 5. INTENT
The intent of the City Commission acting as the governing body of the City of Atlantic Beach,
Florida in adopting this Ordinance is to prohibit, subject to the provisions of this Ordinance, the growth of
Automobile Service Stations, in areas that are zoned as CL, CG, LIW and SPA Zoning Districts within
the City of Atlantic Beach until the City Commission has had an oppmiunity to review and if necessary,
amend the regulations relating to the permitting and approval of Automobile Service Stations.
SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS
A tempormy moratorium is hereby established to prohibit filing and/or application for zoning or
permitting of Automobile Service Stations and suspending the process of any zoning or permitting for
Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This tempormy moratorium
shall not apply to and the following are expressly exempt from this tempormy moratorium: Gate
Petroleum, Inc. project located at 501, 535, 541 Atlantic Boulevard; and any Automobile Service Stations
which are established and conducting business as of the effective date of this Ordinance. This temporary
00682684-1
Ordinance No. 90-16-225 3
AGENDA ITEM 7B
SEPTEMBER 12, 2016
moratorium shall be in place from the effective date of this Ordinance through August 22, 2017. The City
Commission may rescind this moratorium or extend this moratorium for periods of up to six months.
SECTION 7. ENFORCEMENT, PENALTIES AND INJUNCTIVE RELIEF
The City's code enforcement officer, law enforcement or any other person authorized to enforce
ordinances in the City of Atlantic Beach may enforce the provisions of this Ordinance. Any enforcement
action or legal remedy available under controlling state law, including but not limited to, prosecution as a
misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment for a term
not exceeding sixty (60) days or by both fine and imprisonment, may be imposed as a penalty. Nothing
contained herein shall prevent the City from taking such other lawful action in law and equity as may be
necessmy to remedy any violation of, or refusal to comply with, any pmt of this Ordinance, including but
not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a comt of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a violation of, or
a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 8. REPEAL OF LAWS IN CONFLICT
All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such
conflict.
SECTION 9. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such pmtion shall be
deemed a separate, distinct and independent provision and such holding shall not be construed to render
the remaining provisions of this Ordinance invalid or unconstitutional.
00682684-1
Ordinance No. 90-16-225 4
SECTION 10. EFFECTIVE DATE
AGENDA ITEM 78
SEPTEMBER 12, 2016
The effective date of this Ordinance shall be July 25, 2016, the day the Commission first took
action towards adoption of the moratorium, in accordance with Smith v. Cleanvater, 3 83 So. 2d 681 (Fla.
2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this 8111 day of August, 2016,
PASSED by the City Commission on second and final reading this ___ day of ___ , 2016.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
00682684-1
Ordinance No. 90-16-225 5
AGENDA l'U:M:
DATE:
STAFF REPORT
City of Atlantic Beach
Commission Meeting
ORDINANCE NO. 20-16-141
AN ORDINANCE AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEG INN lNG
OCTOBER I , 2015 AND ENDING SEPTEMBER 30,
2016 FOR APPROPRIATING ADDITIONAL FUNDS
IN TOE LEGAL SERVICES DIVISION, AND
PROVIDJNG AN EFFECTIVE DATE .
August 3 1, 2016
SUBMITTED BY: Ru ssell Caffey, Fi nance Director V
AGENDA ITEM 7C
SEPTEMBER 12, 2016
BACKGROUND: T he City of Atlantic Beach's revised Lega l Budget for fi scal year 2016
(FYI6) is $17 1,000. As of July 3JS1, t he C it y has incurred $189,905 in
legal expenditures for th e yea r. City Staff is requesting an increase to the
legal bud gel of $66,185 to cover estimated legal cos ts for the remainder of
FY1 6 .
BUDGET: Mid-year budget modification to transfer $ 66 ,185 from the Fund Balance
to th e Legal Serv ices Di vis io n.
RECOMMENDATION : To adopt Ord in ance NO. 20-16 -141 amendi ng th e 20 15-16 Annual
Budget.
ATTACHMENT: I. O rdin ance No. 20-16-141
2 . Legal fee reconciliation
R EVIEWED BY CITY MANAGE R: ':ft t/~CL-z ;
ORDINANCE NO. 20-16-141
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND
ENDING SEPTEMBER 30, 2016 FOR APPROPRIATING
ADDITIONAL FUNDS IN THE LEGAL SERVICES
DIVISION, AND PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM 7C
SEPTEMBER 12, 2016
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day-to-day decisions affecting
such budgetary systems require adjustments from time-to-time, and
WHEREAS, the City is amending the operating budget to add net funds totaling $68,185
to cover an estimated increase to legal fees for the balance of the fiscal year.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2015/2016 Budget to be amended as follows:
GENERAL FUND
Expenditures:
City Administration -Legal Services
Fund Balance:
Professional Services -City Attorney
Total Expenses:
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this __ day of 2016.
$ 66,185
$ 66.185
<$ 66.185>
Passed by the City Commission on second and final reading this __ day of 2016.
Mitchell E. Reeves
Mayor I Presiding Officer
Approved as to form and correctness:
Brenna M. Durden,
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM SA
SEPTEMBER 12, 2016
AGENDA ITEM: LIUNA "Blue Collar" Union Negotiations 2016-2018 Contract
SUBMITTED BY: Catherine Berry, Esq., Human Resources Director cJ3
DATE: August 29, 2016
BACKGROUND: The contract that the City of Atlantic Beach entered into with the LIUNA Local 630
"Blue Collar" expires September 30, 2016. The City and Union had three public
negotiation meetings and came to an agreement, pending ratification and Commission
approval, on a new two-year contract that benefits both the City and the Union
members. The key provisions in the contract that have been changed are as follows:
BUDGET:
RECOMMENDATION:
• Deleted language that outlines management rights because these are outlined by
law.
• Deleted language that duplicated language included in the City Employee
Handbook
• Deleted language regarding Discharge and Discipline standards and procedures,
as these are also listed in the City Employee Handbook
• Made changes to the on-call and call-out provisions, which will automatically
sunset after one year
• Added a provision for payment of an annual lump-sum payment of $250 to
employees who obtain a license that benefits the City, at the sole discretion of
the Depmiment Head.
Included in 2016-2017 City Budget
That the City Manager be authorized to sign the attached two-year (2016-2018)
agreement with the Union, contingent upon approval of the budget by the
Commission.
ATTACHMENTS: City of Atlantic Beach and LIUNA Local 630 "Blue Collar" Contract for 2016-
2018.
REVIEWEDBYCITYMANAGER: -n~~
1
Table of Contents
AGREEMENT ................................................................................................................... A
ARTICLE 1 -RECOGNITION .......................................................................................... 1
ARTICLE 2-PAYROLL DEDUCTION AND DUES ..................................................... 2
ARTICLE 3 -NO STRIKE PROVISION .......................................................................... 3
ARTICLE 4-MANAGEMENT SECURITY .................................................................... 4
ARTICLE 5 -MANAGEMENT RIGHTS ......................................................................... 5
ARTICLE 6-UNION STEWARDS AND UNION REPRESENTATION ...................... 8
ARTICLE 7-PROBATIONARY EMPLOYEES ........................................................... 10
ARTICLE 8 -DISCHARGE AND DISCIPLINE ............................................................ 11
ARTICLE 9-GRIEVANCE PROCEDURE ................................................................. 122
ARTICLE 10-ARBITRATION PROCEDURE ............................................................. 15
ARTICLE 11 -HOLIDAYS ............................................................................................. 17
ARTICLE 12-PERSONAL LEAVE HOURS ................................................................ 20
ARTICLE 13 -LEAVES OF ABSENCE WITHOUT PAY ............................................ 23
ARTICLE 14-MILITARY LEAVE ................................................................................ 24
ARTICLE 15-BEREAVEMENT LEAVE ..................................................................... 25
ARTICLE 16-HOURS OF WORK AND OVERTIME ................................................. 26
ARTICLE 17-INJURY IN THE LINE OF DUTY ......................................................... 30
ARTICLE 18 -INSURANCE AND PENSION ............................................................. 31
ARTICLE 19-SAFETY AND HEALTH ........................................................................ 32
ARTICLE 20 -BULLETIN BOARDS ............................................................................. 33
ARTICLE 21 -UNIFORMS ............................................................................................. 34
ARTICLE 22-MILEAGE ALLOWANCE ..................................................................... 35
ARTICLE 23 -CAREER DEVELOPMENT ................................................................... 36
ARTICLE 24-WAGES ................................................................................................... 38
ARTICLE 25 -ALCOHOL AND DRUG TESTING ....................................................... 42
ARTICLE 26-SENIORITY ............................................................................................ 43
ARTICLE 27 -JOB QUALIFICATIONS AND PROMOTIONS ................................... 44
ARTICLE 28-SEVERABILITY ..................................................................................... 46
ARTICLE 29-SAVINGS CLAUSE ............................................................................... 47
ARTICLE 30-ENTIRE AGREEMENT ......................................................................... 48
ARTICLE 31-DURATION OF AGREEMENT ............................................................. 49
SIGNATURE PAGE ....................................................................................................... 50
Exhibit A (Cunent Pay Scale) ..................................................................... 51
AGREEMENT
THIS AGREEMENT is entered into between the City of Atlantic Beach, hereinafter
refened to as the Employer, or City, and the Northeast Florida Public Employees', Local
630, LIUNA, AFL-CIO, hereinafter refeiTed to as Local 630, Union, or Employee
Organization. It is the intent and purpose of this Agreement to assure sound and mutually
beneficial working relationships between the parties hereto, to provide an orderly and
peaceful means of resolving misunderstandings or differences which may arise and to set
fmih basic and full agreement between the parties concerning wages, hours and other
conditions of employment enumerated herein. There are and shall be no individual
aiTangements or agreements covering any part or all of this Agreement contrary to the
terms provided herein. It is mutually understood and declared to be the public policy of
the Employer and the Union to promote harmonious and cooperative relationships
between the Employer and the Union and to protect the public by assuring, at all times,
the orderly and unintenupted operations and functions of government.
Whenever a male pronoun is used in this Agreement it shall be construed to include
reference to both sexes.
A
ARTICLE 1 -RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter
447, Florida Statutes, the Employer recognizes the Union as the exclusive
collective bargaining representative for those Full Time (FT) and Regular Part
Time (RPT) employees in the blue-collar bargaining unit, PERC Certification
#927, and as provided in the attached Exhibit A for the purpose of bargaining
collectively in the determination of the wages, hours and terms and conditions of
employment of those public employees within the bargaining unit.
The Employer agrees to promptly notify the Union in writing of its intention to
create any job classification not specifically listed in Exhibit A which
classification might reasonably be expected to be appropriate for inclusion within
the bargaining unit. The parties agree to meet and discuss reopening this section
to add such classifications to the description above at the request of either party.
1.2 It is fmiher understood and agreed that the Business Manager or his designee will
be the official spokesman for the Union in any matter between the Union and the
Employer, only however on the matters which the Union has authority regarding
its membership. The Business Manager shall designate in writing the name of his
designee and provide such to the City Human Resource Manager prior to the
designee perfmming any official union activities.
1
ARTICLE 2 -PAYROLL DEDUCTION AND DUES
2.1 Upon receipt of a written authorization from the employee covered by this
Agreement, the Employer will deduct from the employee's pay the amount owed
to the Union by such employee for dues. It is understood that this provision will
provide for deductions equal to the number of pay periods per year. The
Employer will submit to the Union the deducted sums within fifteen (15) calendar
days. Changes in the Union membership dues and rates will be certified to the
Employer in writing over the signature of the Business Manager of the Union and
shall be done at least thirty (30) calendar days in advance of the effective date of
such change. The union will make a reasonable effort to notify employees of any
increase in dues in advance of such increase being deducted by the Employer. The
Employer's remittance will be deemed correct if the Union does not give written
notice to the Employer within seven (7) calendar days after remittance is received
of its belief and reasons stated therefore that the remittance is inconect.
2.2 The Union will indemnify, defend and hold the Employer harmless against any
claim made, and against any suit instituted, against the Employer as the result of
any check-off of union dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thi1iy (30) calendar days written notice to the Employer and the
Union. Upon receipt of such notification, the Employer shall terminate dues on
the pay date immediately following the expiration of the thirty (30) calendar day
notice period.
2.4 No deduction shall be made from the pay of an employee for any payroll peri~d in
which the employee's net earnings for that payroll period are less than the amount
of dues to be checked off. Net earnings shall mean net after required deductions.
2.5 If there is an amount deducted in excess of what is authorized by this Agreement,
the employee affected shall seek recourse within the Union and not the City,
provided that the excess amount deducted was in fact remitted to the Union in the
fmm of union dues.
2
ARTICLE 3 -NO STRIKE PROVISION
3.1 The Union and bargaining unit members shall have no right to instigate, promote,
sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike,
intentional disruption of City operations, or to withhold services for any reason.
3.2 Local 630, its officers, agents, stewards, and other representatives agree that it is
their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of
this A1ticle and the law by remaining at work during any intenuption which may
be initiated by others; and including their responsibility, in the event of breach of
this Article or the law by other employees, and upon the request of the City, to
encourage and direct employees violating this Alticle or the law to return to work,
and to disavow the strike.
3.3 In addition to the penalties set fmth in Section 447.507, Florida Statutes, any and
all employees who violate any provision of the law prohibiting strikes or this
Article may be disciplined, up to and including discharge, by the City. The only
question that may be raised in any proceeding (grievance, judicial or otherwise)
contesting such action is whether the provision prohibiting work stoppages,
boycotts, slow-downs, strikes, intentional disruption of City operations, or the
withholding of services was violated by the employee to be discharged or
otherwise disciplined.
3.4 The circuit courts of this State shall have jurisdiction to enforce the provisions of
this Section by ex parte injunction and contempt proceedings, if necessary.
3
4.1 (a)
ARTICLE 4 -MANAGEMENT SECURITY
The Union, its representatives, members or any persons acting on their
behalf agree that the following "unlawful acts" as defined in Chapter 447,
Florida Statutes are prohibited; 1) Solicitation of public employees during
working hours or 2) Distributing literature during working hours in areas
where the work of the public employees is performed.
(b) The circuit courts of the state shall have jurisdiction to enforce the
provisions of this section by injunction and contempt proceedings if
necessary. A public employee who is convicted of a violation of any
provision of this section may be discharged or otherwise disciplined by the
Employer notwithstanding further provisions of this or any other
agreement.
(c) No employee organization shall directly or indirectly pay any fines or
penalties assessed against individuals pursuant to the provisions of this
article.
4.2 The Employer and Union agree that the basic intent of this Agreement is to
provide a fair day's work in return for a fair day's pay and to provide conditions of
employment suitable to maintain a competent work force. The Employer and
Union affirm the joint opposition to any discriminatory practices in connection
with employment, promotion, training or assignment remembering that the public
interest requires full utilization of employees' skills and ability without regard to
race, color, creed, religion, national origin, handicap, marital status, age or sex.
4.3 In accordance with Chapter 447, Florida Statutes, employees shall have the right
to fmm, join and participate in or refrain from forming, joining or participating in
an employee organization of their own choosing. They shall have the right to be
represented by an employee organization of their choosing to negotiate
collectively through a certified bargaining agent with the City in the
determination of the tenns and conditions of their employment.
4
ARTICLE 5 -MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Employer retains the sole
and exclusive right.:.
a. to determine the purpose of each of its constituent agencies, the size and
composition of the work force, including the number or composition of
employees assigned to any particular operation, shift or tum;
b. to set standards of services to be offered to the public, standards of conduct
and work of employees, and to establish or change operational or perf01mance
standards;
c. to exercise control and discretion over its organization and operations;
d. to manage its operations and direct the work of the bargaining unit employees,
including the rights to decide the number and location of work stations,
e. to dete1mine the operation of motorized equipment including the number or
type of equipment, vehicles, materials, and supplies to be used, operated, or
distributed,
f. to determine the location, method, means and personnel by which operations
are to be conducted, the scope of service to be performed, the methods of
service, the schedule of work time;
g. to contract and subcontract existing and future work (should the Employer
exercise its management right and decide to contract out existing and future
bargaining unit work, the Employer agrees to notify the Union of its intent to
subcontract no less than thiiiy (30) calendar days prior to implementation. The
Employer agrees to meet with the Union upon request of the Union; however,
such obligation to meet with the Union shall not affect the Employer's right to
implement said decision free from any bargaining obligation);
h. to determine whether and to what extent the work required in its operations
shall be perf01med by employees covered by this Agreement;
1. to maintain order and efficiency in its work stations and locations;
J. to curtail or discontinue temporarily or permanently, in whole or in pmi,
operations whenever in the opinion of the Employer good business judgment
makes such cmiailment or discontinuance advisable;
k. to hire, lay-off, assign, transfer, promote, demote and dete1mine the
qualifications of employees;
5
1. to create new job classifications, expand, reduce, alter, combine, transfer,
assign, cease, create and amend job descriptions and to abolish jobs, increase
or decrease the number of jobs or employees;
m. to determine the assignment of work, and to schedule the hours and days to be
worked on each job and each shift;
n. to determine the starting and quitting time and the number of hours to be
worked, assign and reassign shifts, create, abolish or alter shifts, and rotate
shifts;
o. to require an employee to take a physical or mental examination, given by a
health service, or a physician or psychiatrist selected by the Employer;
p. to require employees to work overtime;
q. to discipline, suspend, and/or discharge employees for just cause (excluding
newly hired probationary employees); and
r. to have complete authority to exercise those rights and powers incidental
thereto, including the right to make unilateral changes, subject only to such
regulations governing the exercise of these rights as are expressly and
specifically provided in this Agreement.
5.2 The above rights of the Employer are not all inclusive but indicate the type of
matters or rights which belong to and are inherent to the Employer. Any of the
rights, powers, and authority the Employer had prior to entering into this
collective bargaining agreement are retained by the Employer, except as expressly
and specifically abridged, delegated, granted or modified by this Agreement. The
management rights, functions privileges and prerogatives refened to in this
Article which the Employer has not expressly modified or restricted by a specific
provision of this Agreement are not in any way, directly or indirectly, subject to
the grievance or arbitration procedures, and the Employer has no obligation to
bargain over the decision to exercise such rights, functions, prerogatives and
privileges, or the effect of such decisions.
5.3 Any and all aspects of wages, hours, and working conditions, which are not
specifically covered by this Agreement, may be initiated, instituted, continued or
discontinued without notification of or consultation with the Union. The
Employer is not required to continue those voluntary aspects of wages, hours, and
working conditions not included in this Agreement, but which were in effect prior
to entering into this Agreement or instituted thereafter, nor shall the employees
have any binding right to such matters.
5.4 It is agreed that every incidental duty connected with operations enumerated in
job descriptions is not always comprehensive and employees at the discretion of
the City may be required to perform duties not within their specific job
descriptions as long as they are related to Department operations and have the
approval of the appropriate Depmiment Head.
6
5.5 Whenever it is dete1mined that civil emergency conditions exist, including riots,
civil disorders, hunicane conditions, or similar catastrophes, the provisions of the
Agreement may be suspended by the Mayor or the City Manager during the time
of the declared emergency only, provided that wage rates and monetary fringe
benefits shall not be suspended.
5.6 The Employer's failure to exercise any function or right hereby reserved to it, or
its exercising any function or right in a particular way, shall not be deemed a
waiver of this right to exercise such function or right, nor preclude the Employer
from exercising the same in some other way not in conflict with the express
provisions of this Agreement.
5.7 The exercise of the above-referenced management prerogatives shall not be
subject to the grievance or arbitration procedures of this Agreement; provided
however, that the exercise of such rights shall not preclude employees or their
representatives from raising grievances, should decisions on the above matters
have the practical consequence of violating the te1ms and conditions of this
Agreement.
7
ARTICLE 6-UNION STEWARDS AND UNION
REPRESENTATION
6.1 Employees covered by this Agreement will be represented by stewards designated
by the Union in the following locations.
Location Number of Stewards
Public Works 4
The Union may appoint one of the above stewards as a Roving Steward.
When additional pe1manent work locations are created with more than five (5)
union eligible employees, the Employer and the Union will meet at the request
of either party for the purpose of mutually determining the stewardship needs
of the Union.
6.2 A written list of union stewards shall be fumished to the Human Resource
Manager prior to the effective date of their assuming duties of office. Union
stewards will not perform any grievance work until such notification is received
by the Employer.
6.3 The Business Manager or the President of the Union, may, with prior
authorization by the City Manager or appropriate Department Head, be admitted
to the property of the Employer. Union officials, as designated above, shall be
able to talk with employees before or after regular working hours or during the
lunch period of said employees on Employer property in areas mutually agreed
upon by the Union and the Employer to discuss union business, including but not
limited to, grievances.
6.4 The following sections outline the duties and responsibilities of stewards
recognized union representatives. In those cases which cannot be resolved
otherwise, designated union stewards shall be granted reasonable time off,
without loss of pay, to settle glievances. Work loss must be minimized. The
steward must advise his supervisor of the requirement of such time and secure
permission. Such permission will not be unreasonably withheld. Union stewards
shall n01mally settle grievances on the job site that is within their designated
jurisdiction. If there is a previous conflict between the designated union steward
and the area supervisor that may interfere with the settlement of the grievance, the
Union may request, in writing, that the City allow for the union steward from
another area represent the member. This exception must be mutually agreed upon
in advance by the City and the Union. Files of the employee as authorized by
Chapter 119 of the Florida Statutes, or exempt files as authorized by the employee
(in writing), shall be open for investigation by the steward when settling
grievances. Union stewards shall not conduct any grievance work on premium
time (overtime) except in emergency situations occmring during such premium
hours that involve suspension or discharge. Supervisor permission shall be given
8
'I
orally to the union steward provided that said oral authorization insures adequate
controls of the steward's time; otherwise written permission shall be required. If
it becomes necessary for a union steward to receive written permission, the
department will provide a fmm that will be used for this purpose. Upon returning
to his work assignment, the steward shall report to his immediate supervisor,
unless prior consent not to do so has been secured.
6.5 Union stewards shall be employees as designated by the Union, and shall be
members of the bargaining unit.
6.6 Union representatives, while on public property and functioning as stewards, are
subject to the same rules of the Employer as all other public employees, except as
specifically provided in this Agreement.
6. 7 No employee shall function as a union steward while on leave of absence, without
mutual consent of the Union and the Employer.
6.8 When it becomes necessary for a union steward to enter a division or area other
than his own for the purpose of conducting union business authorized by this
Agreement, he will secure pe1mission for his presence from the supervisor of that
area or division or activity and notify the supervisor of the general nature of his
business.
6.9 Nothing is this Agreement shall be construed to prevent any employee from
presenting, at any time, his own grievances to the Employer, in person or by legal
counsel, and having such grievances adjusted without the intervention of the
bargaining agent if the adjustment is not inconsistent with the terms of the
Agreement when in effect, and if the bargaining agent or his designee has been
given reasonable oppmiunity to be present at any meeting called for the resolution
of such grievance.
6.10 Employees of the designated bargaining unit shall have the right to join the
Union, to engage in lawful concerted activities for the purpose of collective
bargaining or other mutual aid and protection, and to express or communicate any
view, grievance, complaint or opinion, within the bounds of good taste related to
the conditions or compensation of public employment or it bette1ment, all free
from any restraint, coercion, discrimination, or reprisal. There shall be no
restraint, discrimination, intimidation, or reprisal against any employee because of
that employee's membership or lack of membership in the Union or by virtue of
his holding office or not holding office in the Union. This provision shall be
applied to all employees by the Employer and the Union.
6.11 All stewards have productive work to perfmm as assigned by the Employer. The
parties agree that each will cooperate with the other in reducing to a minimum the
actual time spent by union representatives in investigating, presenting, and
adjusting grievances or disputes.
9
ARTICLE 7-PROBATIONARY EMPLOYEES
7.1 All employees shall be classified as probationary employees for the first six (6)
months of continuous uninterrupted employment. The probationary period shall
apply for all employees in a new job classification (new employee or an employee
who has been transferred, promoted or demoted). The Department Head has the
discretion to extend the probationary period an additional six (6) months.
7.2 Except in the case of a transfer or promotion to a new position which is set forth
below, at any time during the probationary period the Employer may decide to
tenninate a probationary employee with or without cause. Such decision to
te1minate shall not be subject to the grievance or arbitration procedures of this
collective bargaining Agreement.
7.3 Provisions as to seniority shall not apply to probationary employees, rather
seniority shall date back to the time of hire after an employee has successfully
completed his probationary period. If more than one (1) employee is hired on the
same day, seniority shall be determined by the day (1 -31) of bi1ih, with the
employee with the lowest numeric day of birth having the most seniority.
7.4 Employees who are subject to a probationary period because of a transfer or
promotion to a new Union position shall be retumed to the position they held
prior to the transfer or promotion with pay constructively adjusted per Article 26
should management dete1mine that the employee is not successfully completing
the probationary period. However, nothing shall prevent the Employer from
discharging, suspending or otherwise disciplining, the transfeiTed or promoted
employee during the probationary period for just cause. Further, should the
transfened or promoted employee be retumed to his fmmer position for failing to
satisfactorily complete the probationary period, the Employer shall have the right
to te1minate the individual who filled the transferred or promoted employee's
fmmer position. If the original position of the transfeiTed or promoted employee
resulted in a promotion for another union employee, that employee would be
reverted back to his original position with pay constructively adjusted per A1iicle
24. The new employee hired to fill that open position (i.e. the lowest level
position in this process) would then be terminated. In most cases, this would be a
new employee. Such tennination shall not be subject to the grievance or
arbitration provisions of this Agreement. This policy is only applicable to
transfers or promotions within the LIUNA bargaining unit.
10
ARTICLE 8 -DISCHARGE AND DISCIPLINE
8.1 The Employer shall not discharge, suspend or otherwise discipline employees
except for just cause, and in no event until the employee has been furnished with a
written statement of the charges and the reason or reasons for such action. Any
dispute over suspension, discharge, or other disciplinary action may be submitted
to the grievance procedure as set forth in Article 8 (See Alticle 7 for exception).
The Employer shall consider, among other things, the seriousness and frequency
of offenses when determining the appropriate discipline, which may include a
warning, suspension or immediate discharge. Employees are not entitled to a
particular number of warnings prior to the imposition of discipline, including
discharge.
11
ARTICLE 9 -GRIEVANCE PROCEDURE
9.1 In a mutual effort to provide harmonious working relations between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the pmiies arising from an
alleged violation of specific te1ms of the Agreement as provided in this Article.
9.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint
that an employee or group of employees may have that the Employer has violated
a specific provision of this Agreement, provided such specific provision is subject
to the grievance and arbitration procedures of this Agreement. Discipline, or
other employment actions, of newly hired probationary employees, up to and
including discharge, is not subject to the grievance procedure. No employee, or
other person or entity, may file a grievance concerning the discipline, including
discharge, or other employment action taken against any new hire probationary
employee, and the City is not required to consider, respond to, or act upon any
such grievance.
9.3 Grievances may be taken up during the working time of the grievant upon mutual
agreement between the Employer and the Union.
9.4 All grievances must be reduced to writing and must contain the following
information (fmm located on the City's 0-Drive):
(a) The specific A1iicle and Section of the Agreement alleged to have been
violated by the Employer;
(b) A full statement of the grievance, giving a complete description of the facts
and dates and times of the events involved in the alleged violation, and the
specific remedy desired by the grievant;
(c) Signature of grievant and date signed; and,
(d) Designation of the union steward or business agent if the grievant requests
union representation.
9.5 All grievances shall be processed in accordance with the following procedure:
Step 1 -The grievant shall present his grievance, in written fmm (in compliance
with Section 9.4), to his immediate supervisor within ten (10) working days of
receipt of a official written notice or of the occurrence of the action giving rise to
the grievance, provided that should the action giving rise to the grievance occur
while the employee is on authorized paid leave of absence or is on his scheduled
day off the grievant shall have ten (10) working days upon return to his job to
present his grievance. Discussions will be informal for the purpose of settling
differences in the simplest and most effective manner. The immediate supervisor
will discuss and make an effort to resolve all legitimate grievances with fairness
12
and justice for both the grievant and the Employer. The immediate supervisor
shall orally communicate a decision to the grievant within ten (1 0) working days
fi·om the date the grievance was orally presented to him.
Step 2 (Written) -If the grievance is not settled at the first step, the grievant
within ten (1 0) working days of receipt of the immediate supervisor's Step 1
response, shall present the grievance in written form (in compliance with Section
9.4) to the supervisor of the individual that provided the Step 1 response,
normally the Division Director, with a copy to the Depmiment Head. The
appropriate supervisor shall investigate the alleged grievance and shall within ten
(1 0) working days of receipt of the written grievance conduct a meeting with the
grievant and the union steward and/or Business Manager if the grievant requests
union representation. The appropriate supervisor shall notify the grievant, in
writing, of his decision no later than ten (10) working days following the meeting
date.
Note:
If the Department Head is the supervisor at the Step 1 grievance or the next
supervisor after the verbal Step 1 grievance reply, the grievance shall be
submitted directly to the Department Head as a Step 3 grievance.
If there are additional supervisors, the grievance shall be submitted to them
utilizing Step 2 grievance procedures, as necessary, until the grievance reaches
Step 3, i.e., the Department Head.
Step 3 -If the grievance is not settled at the second step, the grievant, within ten
(1 0) working days of receipt of the Step 2 response, shall present the grievance in
writing and in compliance with Section 9.4, to the appropriate Depmiment Head
with a copy to the City Manager. The appropriate Depmiment Head, or designee,
shall investigate the alleged grievance and shall within ten (1 0) working days of
receipt of the written grievance conduct a meeting with the grievant and the union
steward and/or Business Manager if the grievant requests union representation.
The appropriate Depmiment Head, or designee, shall notify the grievant, in
writing, of his decision no later than ten (1 0) working days following the meeting
date.
Step 4-If the grievance is not settled at the third step, the grievant within ten (10)
working days from receipt of the Step 3 decision, shall present the written
grievance to the City Manager. The City Manager, or designee, shall investigate
the alleged grievance and may within ten (1 0) working days of receipt of the
written grievance conduct a meeting with Employer representatives, the grievant
and the union steward and/or Business Manager if the grievant requests union
representation. The City Manager or his designee shall notify the grievant, in
writing, of his decision not later than ten (1 0) working days after the date the
grievance was received by the City Manager, or after the meeting with the
representatives and/or grievant.
Step 5 -Arbitration -If a grievance, as defined in this Article, has not been
satisfactorily resolved within the grievance procedure, the Union may request
13
arbitration in writing to the Office of the City Manager no later than ten (1 0)
working days after the response is received from Step 4 of the grievance
procedure.
9.6 It is the mutual desire of the Employer and the Union that grievances shall be
adjusted as quickly as possible and to that end the time limits set forth in this
Article are to be strictly enforced. The time limits may only be extended by
mutual written agreement. The term "work days" as used in this Article includes
Monday through Friday of each work week regardless of the grievant's work
schedule. Saturdays, Sundays, and holidays as set forth in this Agreement shall
not be considered "work days" even if work is assigned on these days. For the
purpose of calculating time limits, the day on which a grievance, or a reply by
management to a grievance, is received, shall not be counted. Failure of
management to observe the time limits for any step in the grievance procedure
without a mutually agreed written extension of time shall entitle the grievant (or
the Union in the case of Step 5) to advance the grievance to the next step. Failure
of the grievant (or the Union in the case of Step 5) to observe the time limits for
any steps in this Article without a mutually agreed written extension of time shall
terminate the grievance.
14
ARTICLE 10-ARBITRATION PROCEDURE
10.1 Whenever the Union requests arbitration in accordance with the provisions of the
Grievance Article, the pmiies shall within five (5) working days following appeal
to m·bitration jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators, each of whom shall be a member of the
National Academy of Arbitrators. Arbitrators shall be selected from such panel
by alternately striking names from this list (the Union shall make the first strike)
until the last name on the list is reached.
10.2 The limitations on the powers of the Arbitrator are as follows:
(a) The Arbitrator shall not have the power to add to, subtract from, or alter the
terms of this Agreement;
(b) The Arbitrator shall have no power to establish wage scales, rates for new
jobs, or to change any wage;
(c) The Arbitrator shall have only the power to rule on matters arising under
this Agreement and is confined exclusively to the question(s) which is
presented to him which question(s) must be actual and existing;
(d) The Arbitrator shall have no power to arbitrate any matter after this
Agreement has expired, unless the event giving rise to the grievance
occurred prior to the termination of this Agreement and a written grievance
was submitted within fifteen (15) working days after the expiration of this
Agreement and has been timely processed.
(e) If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, pmiicipated in, or were
responsible for the act of misconduct. The Arbitrator has no authority to
pass upon the nature, extent or severity of the disciplinary measure(s) taken,
such determination being solely a managerial prerogative. If the Arbitrator
finds that the employee has not committed, pmiicipated in, or was not
responsible for, the act of misconduct for which he has been disciplined, the
Arbitrator has the power to make the employee or employees whole,
including ordering back-pay (less compensation received from any other
sources) for time lost, and reinstatement when applicable.
10.3 There shall be no appeal from the Arbitrator's decision; it shall be final and
binding on the Union and on all bargaining unit employees and on the Employer,
provided the Arbitrator's decision is not outside or beyond the scope of the
Arbitrator's jurisdiction, or is not in violation of public policy. The authority and
responsibility of the Employer, as provided by Florida law, shall not be usurped in
any matter.
15
10.4 The cost of the Arbitrator's services shall be divided equally between the
Employer and the Union. Each side will pay its own representative and
witnesses. The cost of a court repmier and the transcription fee shall be paid by
the party requesting the court reporter and/or a transcription of the proceedings.
The cost of a comi repmier or/and other costs and fees, if requested by the
Arbitrator, shall be divided equally between the Employer and Union. Other
requests from the Employer and/or Union shall be paid by the requesting party;
however, if either pmiy requests transcripts, copies of such shall be provided to
the other party per the Florida Public Records Act (FS-119).
10.5 The commencing of legal proceedings against the City or any managerial
employee of the City in a court of law or equity or before the Public Employees
Relations Commission, the City's grievance procedure, or any other
administrative agency by an employee, or group of employees, for alleged
violations of the express terms of the Agreement shall be deemed a waiver to
resmi to the grievance or arbitration procedures contained herein for resolution of
the alleged violation of the terms of this Agreement. Additionally, the
commencing of legal proceedings against the Union in a comi of law or equity or
before the Public Employees Relations Commission, or any other administrative
agency, by the City or any of its managerial employees for alleged violations of
the expressed terms of this Agreement shall be deemed a waiver by such
employee or the City of the ability to resmi to the grievance or arbitration
procedures contained herein for resolution of the alleged violation of the terms of
this Agreement. Likewise, the utilization of the Grievance or Arbitration
procedures in this Agreement for the resolution of alleged violations of this
Agreement shall constitute a waiver of any rights the party who initiated the
grievance may have to review by the Public Employees Relations Commission,
the City's grievance procedure, or any other administrative agency.
10.6 Prior to initiating judicial review by any court for any alleged violation of this
Agreement, the grievance procedure of this Agreement must be completely
exhausted.
10.7 Discipline or other employment actions of newly hired probationary employees,
up to and including discharge, is not subject to the grievance procedure and;
therefore, such actions cannot be submitted to arbitration.
16
ARTICLE 11-HOLIDAYS
11.1 The following are recognized as holidays under the terms of this Agreement.
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve
Christmas Day
Any day that the City Commission may designate
For employees that work a Monday through Friday:
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
Friday after Thanksgiving
December 24th
December 25th
Whenever a holiday falls on Saturday, it shall be observed on the
preceding Friday. When a holiday falls on Sunday, the following Monday
will be observed as the holiday.
Christmas:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the
preceding Friday, with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a
Monday, with Christmas Eve observed on the preceding Friday.
Whenever Christmas falls on a Monday, Christmas shall be observed on Monday,
with Christmas Eve observed on the preceding Friday.
For employees that work shifts other than Monday through Friday:
Holidays shall be observed on the actual date that they occur.
Note: Full Time employees shall be entitled to a maximum of eight (8) hours per
holiday (88 hours per year) of holiday leave and/or holiday pay.
11.2 Whenever an observed holiday occurs on an employee's scheduled day off, the
Employer shall provide the employee with 8 hours of compensatory time at the
straight time or compensate him with 8 hours at straight time rate in order to
equalize the observed legal holidays in Section 11.1. Regular Pmi Time (RPT)
employee hours will be prorated based upon work hours funded within the
17
approved budget.
11.3 Working a Holiday
Regular Full Time Employees.
Nonexempt employees who work on the observed holiday, per Article 11.1,
shall receive:
-eight hours of pay for the Holiday plus, at the employer's discretion:
their normal rate of pay for each hour worked on the holiday, or
compensatory time, hour-for-hour, for each hour worked during the
holiday, or
any combination of pay and/or compensatory time which results in the
employee receiving 8 hours of Holiday pay plus straight time for all
hours worked on the observed holiday.
Regular Part Time (RPT) Employees.
Hours of pay for the Holiday prorated based upon the number of hours funded
to work within the approved budget, plus, at the employer's discretion:
their normal rate of pay for each hour worked on the holiday, or
compensatory time, hour-for-hour, for each hour worked during the
holiday, or
any combination of pay and/or compensatory time which results in the
employee receiving prorated hours of Holiday pay plus straight time
for all hours worked on the observed holiday.
Temporary and Pmi Time Employees who do not receive Holidays
Temporary or Part Time employees that work a holiday shall receive pay at
time-and-one-half their regular hourly rate of pay for hours worked on the
observed holiday.
In no case shall the employee receive, in either pay or time off, an amount in
excess of double time for eight holiday hours.
Exception to above. Hours worked per week that exceed 40 will be paid at the
time-and-a-half rate.
11.4 In order to be eligible for holiday pay or compensatory time the employee must
have worked the last scheduled working day immediately prior to the observed
18
holiday and the first regularly scheduled working day immediately after the
observed holiday unless the employee is on paid vacation, military leave, paid
sick leave substantiated by a doctor's certificate, or other paid absences excused
by the appropriate Department Head.
11.5 Employees who have been assigned holiday work and fail to report for and
perfmm such work without reasonable cause shall not receive pay or
compensatory time for the holiday.
11.6 Employees who are on an unpaid leave of absence, layoff, or in a non-pay status
on the day on which a holiday is observed shall not receive pay or compensatory
time for the holiday.
11.7 For purposes ofthis Article, all holidays shall commence at 12:01 a.m. on the date
the holiday is observed (as set forth in Section 11.1) and continue for twenty-four
(24) uninterrupted hours.
11.8 The accmal and pay-out of compensatory time under this Section shall be
governed by the provisions of Article 16.
19
ARTICLE 12 -PERSONAL LEAVE HOURS
12.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional
vacation and sick leave system. Personal leave hours are not to be
considered compensation for services rendered. All bargaining unit
employees may be absent from work and still receive regular wages
provided the employee has a Personal Leave or Compensatory Time
balance, and follows the procedures set forth in this Article and receives
prior approval from the employee's supervisor, or the appropriate
Department Head or his designee.
(b) When a Personal Leave Hour is used for illness or other emergencies,
employees are required to notify their supervisor, or if he is unavailable the
appropriate Department Head of the nature of the illness or emergency as
early as reasonably possible and no later than one (1) hour after stmiing time
each day the employee intends to be absent, that the employee is unable to
repmi to work because of illness or other emergency; however, employees
on shift work must notify the supervisor or if he is unavailable the
appropriate Depmiment Head no later than one ( 1) hour before shift starting
time.
Except as stated above when an employee is planning to use seventeen (17)
hours or more of Personal Leave Hours he must submit his request to take
leave in writing to the appropriate Department Head or his designee at least
five (5) calendar days prior to the first day of the intended absence. When
an employee is planning to use less than 17 hours of Personal Leave Hours
he must submit such request at least forty-eight ( 48) hours prior to the first
day of the intended absence. The appropriate Department Head or his
designee shall respond to the request as soon as possible after receipt of the
request.
Personal Leave may be taken in increments of fifteen (15) minutes or more.
Approval of leave may be suspended if in the discretion of the appropriate
Department Head such leave would pose a manpower shmiage which would
have an adverse effect on the operation of the Depmiment, or if the
notification requirements set forth in this Article are not followed.
(c) Effective on the date of ratification of the Agreement by both pmiies, the
maximum number of personal leave hours which may be accrued and
carried forward to the following fiscal year is 680 hours. Within thirty (30)
calendar days from the effective date, any employee who has exceeded the
limit of 680 hours will receive a buyout of accrued personal leave for all
hours that exceed the new maximum accrual limit of 680 hours. Thereafter,
the maximum number of personal leave hours which may be accrued and
cmTied forward to the following fiscal year is 680 hours.
20
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
time will result in forfeiture on October 1 of each fiscal year of any time that
exceeds the 680 hour limit.
If a personal leave request is cancelled by the City due to no fault of the
employee and cannot be rescheduled prior to the end of the fiscal year, the
City Manager may approve the employee to carry-over the personal leave
hours that were canceled. In such unusual case, the employee must use
these personal leave hours prior to the end of the next fiscal year.
(d) For Personal Leave used for illness, the Employer always retains the right to
require medical documentation of the illness.
(e) No Personal Leave Hours may accumulate to an employee who is in a non-
pay status, utilizing donated leave or on any leave of absence. Employees
that have 40 hours or more of time without pay during a pay period will not
be eligible to accrue personal leave for that pay period.
(f) Subject to the restrictions contained in this Agreement, Personal Leave
Hours shall accumulate during each pay period and shall be credited to the
employee at the end of the pay period.
(g) Eligible employees who resign with at least two (2) weeks prior written
notice to the City Manager, are laid off, retire, or whose employment has not
been involuntarily terminated shall be compensated as follows: Employees
hired by the City before October 1, 2012, with ten (10) or more years of
completed service on the date their employment ends shall be paid at 1 00%
of the personal leave hours accrued (up to a maximum of 680 hours);
employees hired by the City before October 1, 2012, with less than ten (10)
years of completed service on the date their employment ends shall be paid
50% of personal leave hours accrued (up to a maximum of 680 hours); and,
employees hired by the City on or after October 1, 2012, shall be paid out
50% of personal leave hours accrued (up to a maximum of680 hours).
(h) The accrual rate of Personal Leave Hours shall be determined as follows:
Beginning Thru Hours per Total Annual
Year Year ,Qay ,Qeriod Hours
First Year 4.62 120
1 3 5.54 144
4 5 6.15 160
6 7 6.77 176
8 10 7.69 200
11 12 8.31 216
13 14 8.92 232
15 9.54 248
21
Personal Leave time shall accumulate during each pay period and shall be
credited to the employee at the end of each pay period.
12.2 The pmiies agree to reopen this Article relating to the use of accrued Annual
Leave credits to fund the Defened Compensation plan, for negotiation in 2017.
22
ARTICLE 13 -LEAVES OF ABSENCE WITHOUT PAY
13.1 Leaves of absence without pay, unless mandated by Federal or State law,
may, in the sole discretion of the City Manager, be granted when annual
leave has been exhausted.
13.2 All leaves, with or without pay, should be requested by the employee in
writing and should be approved in writing before becoming effective.
13.3 An employee's starting date will be adjusted for leaves of absence without
pay in accordance with state and federal statutes and local ordinances.
23
ARTICLE 14 -MILITARY LEAVE
14.1 The Employer will grant employees leaves of absence for military duties as
dictated by the requirements of state and federal laws.
14.2 Employees requesting military leave are responsible for notifying the appropriate
Department Head as soon as possible of the dates for the military leave and to
provide an official set of orders, or other documentation of the training, as soon as
practicable.
14.3 An employee will not be paid for Military Leave until an official set of orders or
appropriate documentation has been received.
24
ARTICLE 15 -BEREAVEMENT LEAVE
15.1 Employees covered by this agreement may be granted, upon approval of the
appropriate Department Head, time off with pay not to exceed three (3) calendar
days, in the event of a death in the employee's immediate family for the purpose
of attending the funeral and/or attending to related obligations of the deceased
relative.
15.2 The employee's immediate family shall be defined as the employee's spouse,
father, mother, son, daughter, brother, sister, father-in-law, mother-in-law,
grandparents, grandchildren and any other member of kinship who may be
residing under the same roof with an employee during the time of death.
15.3 Funeral leave or bereavement leave shall be leave with full pay and benefits and
shall not be charged to personal leave days.
15.4 The employee may be required to provide the appropriate Department Head with
verification of death before compensation is approved.
15.5 Employees will be allowed to utilize fmiy (40) hours of personal leave to extend
bereavement leave.
25
ARTICLE 16 -HOURS OF WORK AND OVERTIME
16.1 The purpose of this Article is to define hours of work but nothing in this
Agreement shall be construed as a guarantee or limitation of the number of hours
to be worked per day, days per week, or for any other period of time, except as
may be specifically provided herein.
16.2 Unless changed by the City, forty (40) hours shall constitute a normal workweek
for an employee covered by this Agreement, except as hereinafter provided.
Nothing herein shall guarantee an employee payment for a forty ( 40) hour work
period unless the employee actually worked a forty ( 40) hour workweek or his
actual hours worked and his authorized compensated leave totals forty ( 40) hours.
For the purpose of this Agreement, authorized compensated leave shall mean
holidays on which the employee is excused from work, authorized compensatory
time taken, bereavement leave, jury duty, and any other leave paid for and
authorized by the City.
Overtime will be compensated at time and one-half (1-1/2) for all hours worked in
excess of forty ( 40) hours within any seven (7) consecutive calendar day City
established work period (Exception: See Art 16.13). Compensation for overtime
hours worked shall be paid to the employee during the same pay period in which
it is worked, providing the paperwork is delivered to the appropriate payroll office
in a timely manner to process for that pay period.
16.3 The City shall have the discretion to compensate for overtime hours worked in the
form of cash or compensatory time. Should the City decide to compensate the
employee in the f01m of cash, the employee shall be paid at the straight time rate
for all hours worked over the employee's n01mal schedule in a work week that are
less than 40 and at the rate of one and one-half (1 ~) the employee's regular rate of
pay for each overtime hour worked in a work week that exceeds forty. Should the
City decide to compensate the employee in the form of compensatory time, the
employee shall be credited at the straight time rate for all hours worked over the
employee's normal schedule in a work week that are less than 40 and at the rate of
one and one-half (1 ~) hour of compensatory time for each overtime hour worked
in a work week that exceeds forty.
16.4 Employees shall not be able to accumulate more than fifty (50) hours of
compensatory time. Once the cap is reached compensation will be in the form of
cash payment only.
16.5 An employee who has accrued compensatory time will be petmitted to use the
time off within a reasonable period after making a request to use same, provided it
does not unduly disrupt the operations of the City. Requests to use compensatory
time must be made in writing to the employee's supervisor.
26
16.6 At any time the City, in its sole discretion, may determine to substitute cash, in
whole or in part, for compensatory time. All accrued compensatory time off must
be taken during the fiscal year (October 1 -September 30) in which it is earned.
If not, the employee shall receive a cash payment for the excess unused
compensatory time on or after the last pay period of the fiscal year but no later
than September 30th of the same fiscal year at the regular hourly rate earned by
the employee at the time the employee receives such payment. Employees shall
not be paid for any compensatory time unless their balance exceeds one hour.
16.7 Should an employee voluntarily switch shifts with another employee for the
employee's convenience, no overtime compensation will be payable and the hours
the employee worked as a substitute shall be excluded by the City in the
calculation of the hours for which the employee is entitled to overtime
compensation. All such shift trading must be approved by the immediate
supervisors prior to the trade and the period during which time is traded and paid
back must not exceed twelve (12) months. Hours worked by the volunteer
substitute employee will be paid to the employee that was regularly scheduled to
work and not to the volunteer substitute employee. The volunteer substitute
employee must make anangements with the employee he is replacing for any
compensation.
16.8 Nothing in this Aliicle shall require payment for ove1iime hours not worked,
except as provided herein.
16.9 All employees shall be required to repmi to work on time, shall not leave the job
early, shall be prompt in reporting to their assigned duties, and shall faithfully
perform their duties.
16.10 Employees covered by this Agreement shall be given forty-eight ( 48) hours notice
of any change in their regular hours of work, unless an unscheduled absence by
another employee or circumstances necessitate a quicker change.
16.11 The appropriate Department Head is authorized to schedule employees on a "task
basis".
16.12 There will be no duplication of premium payments and no claims that provide for
"ove1iime on overtime or compensatory time, i.e., no pyramiding of ove1iime".
16.13 An employee who has left his normal place of work and who is "called-back" for
ove1iime work shall receive a minimum payment of three (3) hours at time and
one-half (1 ~) the employee's regular rate of pay or the actual hours worked at
time and one-half (1 ~), whichever is greater. This provision will automatically
sunset on September 30, 2017, and will revert back to two (2) hours minimum.
Employees shall be compensated for additional call backs as provided herein if
the employee has completed the call back assignment and has left his place of
work prior to receiving another call back. Employees shall not receive ove1iime
pay on ove1iime pay for additional call-backs that occur within the two (2) hour
period of a previous call-back, that is, there will be no overtime on ove1iime.
Preananged overtime shall not constitute a "call back". This Section shall not
27
apply if hours worked as a result of a call back extend into the start of the
employee's regular work period.
Employee's who report to work for scheduled overtime shall receive a minimum
payment of two (2) hours at one and one-half (1-1/2) times her/her regular rate.
16.14 Upon proof of attending court pursuant to subpoena or other court order involving
a job-related case, not as a plaintiff in litigation against the City, an off-duty
employee will receive pay equal to one and one-half (1 liz) times the employee's
regular straight time hourly rate of pay for the hours he attends court. Provided,
that such employee shall receive a minimum of two (2) hours pay at the rate of
one and one-half (1 liz) the employee's regular straight time hourly rate for such
attendance. The City reserves the right to institute any procedure or system it
deems appropriate to measure, record, and/or verify attendance and duration of
off-duty court appearance. In the event any employee claims time not actually
spent in off-duty court appearance, he may be discharged or disciplined. The
employee will sign over all subpoena and witness fees that exceed twenty dollars
($20.00), excluding travel reimbursement, unless City transportation is fumished
in which case such travel reimbursement should not be requested or accepted or if
received will be signed over to the City.
16.15 No employee shall authorize overtime for himself but shall be entitled to work
overtime as assigned or authorized by the appropriate Department Head. It is
understood that the City has the right to schedule overtime work as needed, and in
a manner most advantageous to the City.
16.16 Overtime hours shall be distributed as nearly equal as possible among employees
as long as such sharing will not delay or increase the cost of the City's operations.
16.17 Employees required to be accessible by telephone and not performing actual
work, but in readiness to perf01m work when the need arises, shall be considered
to be on standby. If the employee performs actual work during the standby
period, the employee shall be considered to have received a call-out, and shall be
paid in accord with Article 17.13.
Any employee designated by the Employer to be on standby duty shall receive, in
addition to his regular pay, and additional $17.86 or each full day the employee is
required to be available on standby duty. This provision will automatically sunset
on September 30, 2017, and will revert back to $100/full week of on-call duty.
To be eligible for standby compensation, the employee must meet the following
criteria;
(a) The employee must respond by phone within twenty (20) minutes of
rece1vmg page.
(b) The employee must arrive at job site within one (1) hour of retuming page
by phone to the Employer.
28
(c) Employees that take personal leave during the standby period must be
available for call-back and able to respond within the above time frames.
(d) Employees who are called by their supervisor, but not required to respond,
will receive one hour straight time pay. This provision will automatically
sunset on September 30, 2017.
16.18 An employee who has worked sixteen (16) hours or more in a twenty-four (24)
hour period, or eight (8) hours or more overtime in the sixteen (16) hour period
immediately preceding his/her normal workday shall upon release, be entitled to
an eight (8) hour rest period before he/she returns to work. If the employee is
called back to work without completing his/her eight (8) hour rest period, he/she
shall be compensated at the overtime rate of one and one-half (1 'li) times
his/her regular rate of pay for all hours worked, commencing from the time
he/she reports back to work and ending when he/she is released for an eight (8)
hour rest period.
16.19 All employees shall be provided with at least a one-half ('li) hour lunch break
which shall be the employee's own time. If the employee is required to work
their lunch break, the employee shall be compensated as provided within this
Article.
Employees shall be provided with two (2) fifteen (15) minute break periods
with pay. The first break shall be taken within the first four ( 4) hours of work
and the second during the last four ( 4) hour period of work. Break periods must
be utilized during the appropriate period or they are "lost". They may not be
accumulated to allow for early departure or the modifications in an employee's
work schedule.
16.20 Except for outside workers, smoking is limited to official break periods or
during the employee's lunch period.
29
ARTICLE 17-INJURY IN THE LINE OF DUTY
17.1 Any employee covered by this Agreement who sustains a temporary disability as
a result of accidental injury in the course of and arising out of employment by the
Employer, shall, in addition to the benefits payable under the Workers'
Compensation law of the State of Florida, be entitled to the same Workers'
Compensation benefits as provided to other City employees.
30
ARTICLE 18-INSURANCE AND PENSION
18.1 The City agrees to continue to provide employees with a group term life insurance
policy. The City agrees to pay the premiums for the employees' coverage for such
msurance.
18.2 The City agrees to provide employees with the same basic group health insurance
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage, including dependent
coverage, for bargaining unit employees as it does for other City employees.
18.3 All hired on or after September 1, 2008 will participate in a Defined Contribution
Retirement Plan. The City will match contributions made by individual
employees up to six (6) percent of their compensation during the first ten (10)
years of service. After ten (1 0) years of service, the City will contribute an
additional four (4) percent of the employee's compensation. Matching is not
required for the additional four (4) percent contribution. Employees will be
vested at five (5) years of service for the City's contributions to the Defined
Contribution Retirement Plan.
As used in Section 18.3, the term compensation refers to base salary or base
wages, as well as salary or wages received while absent from work on account of
vacation, holiday, or illness. The te1m compensation does not include overtime
compensation.
31
ARTICLE 19 -SAFETY AND HEALTH
19.1 The Employer and the Union agree that they will confonn to all laws relating to
safety, health, sanitation and working conditions. The Employer and the Union
will cooperate in the continuing objective of eliminating safety and health hazards
where they are shown to exist.
19.2 Safety practices may be improved upon fi·om time to time by the Employer and
upon recommendations of the Employer and the Union. Protective devices,
apparel, and equipment, when provided by the Employer must be used and any
failure to obey safety regulations or to use safety devices shall result in
disciplinary action, up to and including discharge.
19.3 The Employer agrees to provide hepatitis immunization shots to employees within
the bargaining unit subject to the approval of the appropriate Department Head.
Employees who do not wish to receive the hepatitis immunization shots will be
required to sign a refusal waiver to this effect.
19.4 The employer will require that any employee involved in an accident or incident
resulting in injury and/or damages to property submit to a drug and/or alcohol
test. Failure to pass the drug and/or alcohol test or refusal to take drug and/or
alcohol test will result in disciplinary actions up to and including discharge.
32
ARTICLE 20 -BULLETIN BOARDS
20.1 The Union may be permitted to provide for its own use three (3) bulletin boards
not to exceed 4'L x 3'W in dimension, provided the bulletin boards shall be
located only in areas agreed to by the City and Union.
20.2 The Union agrees it shall use the space on the bulletin board provided for herein
only for the following purposes; notices of union meetings, notices of internal
elections for union offices, reports of union committees, policies of the Union,
recreation and social affairs of the Union, and notices by public bodies. In no
event shall the bulletin board be used to post political material or controversial
material. The Business Agent, his designated representative, or the Steward of
the Union are the only authorized representatives to post material on the bulletin
board. Said representatives shall initial and date all material that is posted.
20.3 The appropriate Department Head or his designee shall decide whether or not
Section 20.2 has been violated. Should it be dete1mined that a violation has
occurred the Union shall immediately remove the posted material and the Union
may lose its bulletin board privileges, following a meeting between the Employer
and the Union.
33
ARTICLE 21 -UNIFORMS
21.1 The City will furnish to bargaining unit employees who are required to wear such
uniforms in the performance of their duties an initial issue of the following upon
employment:
1. Eleven ( 11) pants
2. Eleven (11) shirts
3. Hats
21.2 The City will replace or repair the above items as they become tom, worn or
unserviceable due to the perfmmance of the employee's official duty. Any claim
for a repair or replacement under this Section must be accompanied by a written
explanation addressed to the appropriate Department Head, setting forth the
circumstances necessitating the replacement or repair, and the employee shall
present the item(s) to the appropriate Department Head or his designee who shall
have the sole determination as to whether the items shall be replaced or repaired.
21.3 Any employee who damages, destroys, or loses any furnished miicle of unifmm
due to carelessness, negligence or personal use will replace the article at his own
expense, or such cost of replacement shall be deducted from the employee's pay.
21.4 Uniforms provided by the City shall be worn without modifications and only for
official City business. Only City issued hats are allowed.
21.5 Upon te1mination of employment for any reason, the employee shall return to the
City all articles of the uniform issued by the City.
21.6 The City agrees to continue to provide for the cleaning of the uniform articles as
in the past.
34
ARTICLE 22-MILEAGE ALLOWANCE
22.1 Employees directed by the appropriate Department Head or his designee to use
their private automobiles for City business, shall be compensated at the rate
established per mile by the I.R.S. for authorized and approved miles driven.
35
ARTICLE 23 -CAREER DEVELOPMENT
23.1 Upon presentation of an official transcript and proof of degree to the City
Manager, each employee in the bargaining unit who receives an associates degree
from a accredited college, which degree is determined by the City Manager as
applicable to the employee's job responsibilities with the City, shall receive a
$50.00 per month career development incentive.
23.2 Upon presentation of an official transcript and proof of degree to the City
Manager, each employee of the bargaining unit who receives from an accredited
college or university a bachelor's degree, which degree curriculum is determined
by the City Manager to include a major study concentration area readily
identifiable and applicable to the employee's job responsibilities with the City,
shall receive a $100.00 per month career development incentive.
23.3 Employees receiving Career Development monies shall receive monies as
accorded them under either Section 23.1 or Section 23.2. They shall not receive
at the same time monies afforded from both of these Sections.
23.4 Employees classified as Wastewater Operator I, Wastewater Operator II, or
Wastewater/Water Operator III who obtain the required licenses required for a
higher Operator classification, shall be promoted or have their pay adjusted per
Article 24. The effective date of such promotion, or pay adjustment, shall be the
date the employee passed the test and received their state license, based upon the
employee furnishing such documentation to the City. Promotions shall be limited
to an effective date no more than sixty (60) calendar days retroactive.
Employees classified as Utility Collection/Distribution Operators who obtain a
Level 3 license shall receive an annual one-time lump sum payment of $250.00.
The initial payment of such lump sum shall be the date the employee passes the
test and receives their required state license, or the date of hire for new employees
based upon the employee furnishing proper licensing documentation to the City.
Payments shall be limited to an effective date no more than sixty (60) calendar
days retroactive with future payments paid annually on the date that the employee
received their initial lump sum payment. The employee must stay for one (1) year
after obtaining the Level 3 license. If the employee leaves the employment of the
City, the cost borne by the City for the course, travel and lodging must be
reimbursed by the employee.
Additional Class A, B and C State licenses above those licenses required by the
position description recognized by D.E.P., (Not Certifications), obtained by Water
and/or Wastewater Treatment Plant Operator's will be recognized by the payment
of an annual one-time lump sum payment of $500.00 which shall be prorated for
new employees. The initial payment of such bonus shall be the date the employee
passed the test and received their state license, or the date of hire for new
employees and based upon the employee furnishing such documentation to the
36
City. Bonu s payments s hall be li mited to an effective date no more than s ixt y
(6 0) calendar days retroactive w ith future b onus p aid a nnually on the date th at th e
e mployee received their ini tial bonus. The emp loyee must st ay for one (1) year
after obtai ning li cense. If the employee leaves the employm ent of the C ity, the
-cost borne by the C ity fo r the course, travel a nd lodg ing mus t be reimbursed by
the employee.
23.5 E mp loyees w ho o bt ai n a l icense th at be netl ts the C ity, at th e so le di scret ion of th e
Depart ment H ead, s hall receive a n annual one-time l ump s um pav m en l o f
$25 0 .00
23 . .§-;) Cost for other courses will b e paid by the C ity after pnor approva l of the
appropda te Department Hea d.
23 .16 All employees within the barga inin g unit sha ll be covered by a w ritten d escripti on
of hi s job duti es in the form of employee j ob specificatio ns.
If th e C ity of Atlantic Beach , or the ir designees, dete rmine th a t the empl oyees' j ob
specificatio ns n eed to be ch anged , ad d ed to, deleted, o r a mended, the E mpl oyer
will notify the Union of th e intend ed c hanges no less than ten (1 0) working days
prior to the effecti ve date of c ha nge. Copies of the proposed changes w ill be
fo rwarded to the U nion a long with the a bo ve notification. After finali zati on, a
copy of the revi sed s pecificatio ns sh all be fo rwarded lo the Union as soon as is
p ossible.
37
ARTICLE 24-WAGES
24.1 (a) Effective October 1, 2016, a 1% Cost of Living increase will be
implemented to the pay scale. Employees with six (6) months service as of
October 1, 2016, are in a position that is considered "year round," working on a
schedule "year round" basis, and have received an evaluation of "Meets
Requirements" or above shall receive a merit increase of3% of midpoint.
(b) Notes
Evaluations. If an employee does not receive at least a "Meets
Requirements" overall evaluation, they shall not receive a pay
adjustment.
Employees who receive an overall rating of "Below Requirements" on
their evaluation, or who believe the City did not follow the City's
performance guidelines, may file a grievance utilizing the grievance
procedures contained within Article 9.
Bonuses. Employees of the bargaining unit are eligible to receive a
bonus based upon performance in accordance with the City's
perfmmance evaluation program guidelines.
Minimum Pay. In no case shall an employee's pay be established
below the base pay for the grade of the position to which the
employee is assigned. Exception: See "Below Requirements"
evaluation above.
Maximum Pay. In no case shall an employee receive a pay increase
that would result in the employee's pay exceeding the maximum pay
for the grade of the position to which the employee is assigned.
Applicability, Pay adjustments will only be provided to individuals
who are employees of the City on the date that the Union contract is
finally approved by the City Commission.
24.2 The Job Classification/Grade Chart is set forth in attached Exhibit A.
24.3 Entrance Wage Determination:
(a) Initial appointment to any position shall normally be made at the entrance
rate of pay established for the position. Upon recommendation from the
Department Head, the City Manager may approve the hire of a new
employee at a rate of pay above the stmiing rate of pay.
38
24.4 Lateral Transfers: When an employee is either recruited to or assigned another
job within the same salary grade and with essentially the same job responsibility
level, they will remain at their current salary level and salary grade to which they
are currently assigned.
24.5 Promotion: A promotion is the advancement of an employee from their cunent
position to another open job, with greater responsibilities, in a higher pay grade.
The promotion is based on documented, demonstrable increase in the scope of
work. The granting of a different title alone, without a change in pay grade, does
not warrant a promotional salary increase.
(a) Salary Adjustment: An employee who receives a promotion to a higher
salary grade (either by taking on a new position or the employee's current
position is reclassified to a higher salary grade) should receive a salary
increase at the time the promotion becomes effective, to a least the
minimum of their new pay range or an amount equal to the percentage
difference between the cunent and new grade midpoints, whichever is
greater.
(b) Calculating a Promotional Increase: Since a promotional increase is granted
to recognize the assumption of additional job duties and responsibilities, the
size of the increase is calculated as a function of the size of the promotion,
rather than as a percentage of cunent salary. The formula used to calculate
the promotional increase is as follows:
New Midpoint-Cunent Midpoint = Promotion Increase Amount(%*)
Current Midpoint
or
An increase to the minimum of the new pay grade, whichever is greater.
* Not to exceed 12% unless required to bring employee's salary to the
minimum of the new pay grade.
24.6 Demotion: Demotions are defined as reductions in job duties and responsibilities
that result in a salary grade reduction. When an employee is demoted, the
employee will receive a decrease in pay equal to the midpoint differential between
the pay grade their job is cunently assigned and the newly assigned pay grade.
The formula used to calculate the salary decrease associated with a demotion is as
follows:
Step 1:
Step 2:
Current Midpoint-New Midpoint
New Midpoint
Cunent Pay
39
Percent Decrease Amount
New Pay
(1 + Decrease Amount}
or
A decrease to the maximum of the new range, whichever is greater.
City Initiated Non-Disciplinary Demotions:
Should the demotion be the result of non-disciplinary action (e.g., a reduction in
force or other actions), the demoted employee shall receive the rate in the lower
position classification pay range which provides the smallest possible decrease in
pay. Employees demoted for non-disciplinary reasons shall if possible be
reassigned to other duties commensurate with his/her qualifications for the
position. The Employer will make a reasonable effort to reassign the employee in
accord with the provisions of this section.
Employee Requested Reassignment (Demotion) to Lower Grade:
When an employee requests a voluntary demotion, the salary of the employee will
be adjusted in accordance with the formula utilized to calculate the salary
decrease associated with a demotion. In no case will the new salary be
established below the minimum pay or above the maximum pay for the new
grade. The formula used to calculate the salary decrease associated with a
employee requested demotion is:
Step 1:
Step 2:
Current Midpoint-New Midpoint
New Midpoint
Current Pay
(1 +Decrease Amount)
or
Percent Decrease Amount
New Pay
A decrease to the maximum of the new range, whichever is greater.
Note: In some cases, an employee is being returned to a position and grade
previously held prior to the promotion. In these cases, the employee should not
receive a gain in pay based upon the prior promotion and may be constructively
returned to the position from which they were promoted with their salary
constructively adjusted as if the promotion had never occmTed.
24.7 Evaluation for satisfactory service shall be standard in writing throughout the
bargaining unit with each activity using the same evaluation form and procedure
as that utilized for all other City employees. If the employee believes the
evaluation procedure was not followed, he may invoke the grievance procedure
and submit the grievance at Step I.
40
24.8 Any employee covered by this Agreement who is temporarily required by the
appropriate Department Head or his designee to perform the duties of a higher
classification shall receive pay at a rate of five (5%) percent above the employee's
regular rate of pay, provided that:
(a) The duties and responsibilities of the higher classification are assumed in
full for a minimum of one (1) eight-hour working day, and;
(b) The working out of classification pay is approved by the City Manager or
his designee prior to appointment of the employee to the higher position.
If the two (2) conditions set fmih are not fully satisfied, the employee will receive
the rate of pay of his regularly assigned classification for each hour worked in the
higher classification.
41
ARTICLE 25-ALCOHOL AND DRUG TESTING
25.1 Both the City and Union recognize that drug and alcohol abuse is a problem
among our nation's work force. The City and the Union also recognize the
tremendous cost, both in te1ms of efficiency and in human suffering caused by
needless workplace accidents. Acknowledging the necessity for action, both
pmiies agree to the promotion of a drug free workplace pursuant to the Florida
Drug-Free Workplace Act (Sections 112.0455 & 440.102, Florida Statutes).
42
ARTICLE 26 -SENIORITY
26.1 Seniority shall be defined as the length of continuous full-time employment with
the City of Atlantic Beach. Seniority shall be acquired by a full-time employee
after satisfactory completion of a six ( 6) month probationary period, at which time
seniority shall be retroactive to the first day of employment.
26.2 In the event of a lay-off or reduction in force, employees shall be laid off in the
inverse order of seniority within job classes. Employees laid off shall have the
right to bump or replace an employee with less seniority in a lower classification
for which the employee is qualified, provided said employee has previously held
such a position within the City and can perform the established functions of the
cunent job description.
26.3 Whenever an employee is demoted to a position for which he is qualified, he shall
receive the salary performance level in that lower range which provides either no
decrease or the smallest decrease in pay, if the action is not for cause as outlined
in Article 8 of this Agreement.
26.4 In regard to overtime and vacation, seniority will be defined as the length of
continuous time in any specific classification. If an employee is involuntarily
transferred from one department or division to another in the same classification,
he shall cany with him both the City and job seniority that he has already
acquired.
26.5 Seniority shall accumulate during periods of approved leave of absence where the
employee remains in a pay status. Seniority is not broken when an employee is
on an approved leave of absence without pay, but seniority does not accumulate
during this period.
26.6 Seniority shall be broken when an employee:
(a) Resigns;
(b) Is discharged for just cause;
(c) Exceeds an authorized leave of absence.
43
ARTICLE 27-JOB QUALIFICATIONS AND PROMOTIONS
27.1 Whenever a Full Time (FT) or Regular Part Time (RPT) job opening occurs, other
than a temporary opening, in any existing job classification, or as the result of the
development or establishment of a new FT or RPT job classification, such jobs
shall be advertised as indicated below, and a notice of such opening shall be
posted on all appropriate bulletin boards. A copy of the notices of job openings
will be forwarded to the appropriate union steward at the time of posting for
posting on all other authorized union bulletin boards.
a. In-house Recruitment. When it has been determined that in-house
recruitment is likely to produce a sufficient number of qualified applicants,
the vacancy may be adve1iised through in-house only. In the event a
vacancy is posted in-house only, it will be posted for five (5) workdays
instead offomieen (14) calendar days. NOTE: Only Full Time and Regular
Part Time employees that have been previously selected through the City
competitive selection process may apply for positions adve1iised in-house.
b. External Recruitment. Based upon the small number of employees within
most job classifications, and in order to increase the number of applicants to
select from, most vacancies will be directly advertised both in-house and
externally at the same time.
27.2 For the purpose of this Agreement, a vacancy shall be defined as an opening
within any City FT or RPT job classification for which funds have been
appropriated.
27.3 Whenever a vacancy is posted, employees desiring to be considered for such
vacancy shall make written application for the position on a City Employment
Application no later than the date and time indicated as the closing date/time set
forth on the posted vacancy announcement. The appropriate Depmiment Head
shall interview all City employee applicants that meet the minimum qualifications
for the position prior to filling the vacancy.
27.4 The appropriate Department Head shall make all determinations of the
qualifications of the applicants applying for open or promotional positions,
provided such determination is limited to those factors required within the job
specifications for the position being filled. Factors to be considered included, but
are not limited to: education, knowledge, skills, abilities: past perfmmance, work
history, attendance, and seniority. During the selection process, if all things are
comparable with regards to the above factors, cunent City employee(s) requesting
a promotion, or reassignment, will be given priority consideration over other
applicants of similar qualifications.
44
27.5 Nothing in this Article shall be construed as precluding employees within the
bargaining unit from applying for other vacant positions within the City of Atlantic
Beach.
45
ARTICLE 28 -SEVERABILITY
28.1 In the event any Article, Section or portion of this Agreement should be held
invalid and unenforceable by any court of competent jurisdiction such decision
shall apply to the specific Article, Section or portion thereof specified in the
court's decision; and upon issuance of such decision, the Employer and the Union
agree to immediately negotiate a substitute for the invalidated Article, Section or
portion thereof.
46
ARTICLE 29-SAVINGS CLAUSE
29.1 The Employer retains all rights, powers, functions and authority it had prior to the
signing of this Agreement except as such rights are specifically relinquished or
abridged in this Agreement.
47
ARTICLE 30 -ENTIRE AGREEMENT
30.1 The pmiies acknowledge that during negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining and that the understandings and agreements arrived at by
the parties after the exercise of that right and opportunity are set fmih in this
Agreement. Therefore, the Employer and the Union for the duration of this
Agreement each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated to bargaining collectively with respect to any
subject or matter not specifically referred to or covered in this Agreement even
though such subjects or matters may not have been within the knowledge or
contemplation of either or both of the pmiies at the same time they negotiated or
signed this Agreement.
48
ARTICLE 31-DURATION OF AGREEMENT
31.1 This Agreement shall commence and become effective October 1, 2016, or on the
date of ratification ofthis Agreement by both parties, whichever is later, and shall
continue in full force and effect until midnight of the thirtieth (30 111) day of
September 2018. If either party desires to negotiate a successor agreement, it may
do so by giving the other party written notice to that effect no later than sixty ( 60)
calendar days prior to September 30, 2018.
49
SIGNATURE PAGE
IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their
respective names by their respective representatives and have executed this Agreement
this day of 2016.
FOR THE CITY:
Nelson Van Liere
City Manager
Catherine Berry, Esq., Negotiator and
Director of Human Resources
Ratified by Union members on:
Approved by the City Commission on:
50
FOR THE UNION:
Ronnie Burris
Business Manager, Local 630
Exhibit A
Cunent Pay Scale
51
AGENDA ITEM SA
SEPTEMBER 12, 2016
AGENDA ITEM:
SUBMITTED BY:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Coastal Florida PBA Negotiations 2016
Catherine Berry, Esq., Human Resources Director (b
DATE: August 29,2016
AGENDA ITEM 88
SEPTEMBER 12, 2016
BACKGROUND: The three-year contract that the City of Atlantic Beach entered into with the Coastal Florida
Police Benevolent Association expires September 30, 2018. The City and Union had three
public negotiation meetings this year and came to an agreement, pending ratification and
Commission approval, on a new wages Article that benefits both the City and the Union
members. The only change is to the initial paragraph in 26.1, reflecting the wage proposal
included in this year's budget.
BUDGET: Included in 2016-2017 City Budget
RECOMMENDATION: That the City Manager be authorized to sign the attached Memorandum of
Understanding with the Union, contingent upon approval of the budget by the
Commission.
ATTACHMENTS: City of Atlantic Beach and Florida Coastal PBA Memorandum ofUnderstanding on
Wages, Article 26.
REVIEWED BY CITY MANAGER: '--PJ .. t/4-t. ;z"C4--t../
1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF ATLANTIC BEACH
AND
COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION
AGENDA ITEM SB
SEPTEMBER 12, 2016
This Memorandum of Understanding is entered into between the City of Atlantic Beach (hereinafter
referred to as "the City") and the Coastal Florida Police Benevolent Association (hereinafter referred to
as "the PBA") on behalf of those employees in the classifications of Police Officer, Corporal and Sergeant
(PERC Certification Number 1665) for the purpose of bargaining collectively in the determination of the
wages, hours and terms of conditions of employment of those within the bargaining unit.
The City and the PBA agree as follows:
Article 26 of the current collective bargaining agreement is hereby modified to the language contained
in the attached document, which is incorporated by reference. This Agreement will remain in effect
until new terms are negotiated and incorporated into the Collective Bargaining Agreement between the
City and the PBA.
This MOU will become effective upon approval by the City Commission, ratification by the members of
the PBA and execution by both parties. All other terms and conditions of the Collective Bargaining
Agreement not specifically referenced herein shall remain unchanged.
Signed and Agreed by the City: Signed and Agreed by the PBA:
Nelson Van Liere, City Manager Kimberly Kilpatrick, President
Ratified by the PBA on: --------------
Approved by the City Commission on: ------------
AGENDA ITEMS 88
SEPTEMBER 12, 2016
26.4 Any Police Officer covered by this Agreement who is assigned by the Chief of Police to work
in the Investigative Division or Crime Suppression Unit as a detective shall receive pay at a rate
ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be
added to the base pay but shall be in addition to the base pay and apply to all pay, overtime,
compensatory time paid, etc. received by the officer.
26.5 Any Police Officer or Sergeant covered by this Agreement who is assigned to work as a
Detective in the Investigative Division or the Crime Suppression Unit (CSU) shall have their
title changed to Detective and shall receive an annual clothing allowance of six hundred fifty
dollars ($650.00) in accordance with Article 23.7.
26.6 Any employee covered by this Agreement who is assigned as a Patrol Investigator/Evidence
Technician shall receive pay at a rate of five percent (+5%) above their normal pay. Such
percentage shall not be added to the base pay but shall be in addition to the base pay and apply
to all pay, overtime, compensatory time paid, etc. received by the officer.
26.7 Any employee covered by this Agreement who is assigned as a member of the Special
Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent (+5%) above their
normal pay while such officers are performing actual SWAT duties, not including training.
Such percentage shall not be added to the base pay but shall be in addition to the base pay and
apply to all pay, overtime, compensatory time paid, etc. received by the officer.
26.8 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time
the promotion becomes effective, to at least the minimum of their new pay range or an amount
equal to the percentage difference between the current and new grade midpoints (not to exceed
12%), whichever is greater.
a. Calculating a Promotional Increase. Since a promotional increase is granted to recognize
the assumption of additional job duties and responsibilities, the size of the increase is
calculated as a function of the size of the promotion, rather than as a percentage of
current salary. The formula used to calculate the promotional increase is as follows:
New Midpoint-Current Midpoint= Percent Promotion Increase Amount(%*) Current
Midpoint
Or
An increase to the minimum of the new pay grade, whichever is greater.
*Not to exceed 12% unless required to bring the employee's salary to the minimum of
the new pay grade.
b. Anniversary Date. A new anniversary date will be established as the
effective date of promotion.
a. Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of
the position to which they were promoted.
AGENDA ITEM 88
SEPTEMBER 12, 2016
26.9 A career development program for Police Officers is being implemented upon ratification
and approval of this agreement. This program will create two (2) career track positions
that Police Officers can achieve after 3 and 6 years of service. These positions, entitled
Police Officer First Class (PFC) and Senior Police Officer (SPO) will have added
responsibilities, required training, education and demonstrated competency in both
community policing as well as leadership. The officer will have to reach a minimum
tenure in each position and demonstrate the skill, knowledge and willingness to perform
the requirements of the positions before being promoted. There will be a 3% increase in
pay for promotions to PFC and SPO.
a. All members who are eligible for promotion will be required to submit an
application to the Chief of Police. Each candidate's file will be reviewed by the
Chief and Command Staff and a decision will be made regarding promotions to
PFC and SPO.
b. The number of positions allotted for PFC will equal fifty (50%) of the total
number of sworn officers allocated for the Police Department, excluding the Chief
ofPolice, Commanders, Lieutenants and Sergeants. The number ofSPO
positions will equal fifty percent (50%) of the allocated positions for PFC. Under
this formula, there will be a total of 9 PFC positions and 5 SPO positions.
c. Officers hired prior to October 1, 2012, and who have a minimum of six (6) years
oflaw enforcement experience will be eligible for promotion to SPO without
having to meet the requirements of three (3) consecutive years as a PFC and the
required college and career development courses. These officers will be
promoted based on their overall tenure, qualification, training, attitude, work
performance, disciplinary history and ability to perform the requirements of the
position. Under this provision, officers who receive the 3% promotion to PFC
will not receive an additional 3% pay increase if and when promoted to SPO.
d. Police Officers hired after October 1, 2012 with less than 3 years experience will
be eligible to receive a 3% pay increase for promotions to PFC and SPO. These
officers are not subject to the provisions of26.9 (c) and as such, will be required
to meet all of the eligibility requirements for promotion as established in the
policy and procedure.
26.9 Any employee covered by this Agreement, except for those classified as a PFC or SPO, who is
required by the Chief of Police or his designee to perform the duties of a Field Training Officer
(FTO) shall receive pay at a rate often percent (10%) above the employee's regular rate of pay
while the employee is actually performing the duties of an FTO. Those employees classified as
a PFC or SPO will receive pay at a rate of seven percent (7%) above the employee's regular rate
of pay while the employee is actually performing the duties of an FTO. Such percentage shall
not be added to the base pay but shall be in addition to the base pay and apply to all pay,
overtime, compensatory time paid, etc. received by the officer.
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
ClTY OF ATLANTlC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Audit of Seminole Road Paving Project
D?nald D .Jaco~ovit z, P.E. //.wJPr/
Duector of Public Works'/''-"~
Augu st 30th, 20 16
AGENDA ITEM 8C
SEPTEMBER 12, 2016
The City of Atlantic Beach contracted with Preferred Materials
(PM) to pave Semino le Road from the Five Points intersection to
the northern limits of Seminole Road under P.O. Number I 611 16.
PM perfmmed the work and invoiced the C ity for what they
completed. The C ity's Public Works In spector inspected the work
accomplished and approved their in voi ce for payment in
accordance w ith th e units of work on the attached s preadsheet.
Pem1anent thermo plastic striping will be done by another
contractor in th e next two weeks based on their availability. It was
contracted out to a different contractor because their price was Jes s
than that of PrefcrTed Materials.
RECOMMENDATION: Review the a ttached s preadsheet.
BUDGET: $330,000
ATTACHMENTS: Spreadsheet s howing amount budgeted and spent on th is project.
APPROVED BY CITY MANAGER: -~___;.__.;.;;.~~'__,.?J"-'~="'~~"'-=~~· ....::__ ______ _
PREFERRED MATERIALS-PO #161116-SEMINOLE ROAD PAV ING I I I I I
APPROVED PURCHASE ORDER INVOICED BY CONTRACTOR & APPR OVED BY CITY
Line Item Description Ordered UOM Unit Price Tota l Completed UOM Unit Price Paid
1 1.5" Mill Seminole Road 27100 SY $ 2.25 $ 60,975.00 28,600 SY $ 2.25 $ 64,350.00
1.5" Pave Semino le Road (53) 2,235 TONS $ 95.50 $ 213,442.50 2,215 TONS $ 95.50 $ 211,506.72
$ 274,417.50 $ 275,856.72
2 1 .5" Mill Side Streets 1,500 SY $ 2 .25 $ 3,375.00 0 atlbl $ -$ -
1.5" Pave Side Streets (53) 125 TONS $ 95.50 $ 11,937.50 o, TONS $ -$ -
$ 15,312.50 ! $ -
3 Adj ust Manholes (1 8 x $350) 18 EA $ 350.00 $ 6,300.00 0 EA $ -$ -
Adj ust Valve Boxes (10 x $75) 10 EA $ 75.00 $ 750.00 0 TON $ -$ -
$ 7,050.00 $ -
4 Temporary Striping (Paint)
RPM's 528 EA $ 4.00 $ 2,112.00 473 EA $ 4 .00 $ 1,892.00
Std . White Solid 12' " Stripe 2,300 LF $ 1.25 $ 2,875.00 1,556 LF $ 1.25 $ 1,945.00
Std. White Msg. "Road Ends" 8 EA $ 75.00 $ 600.00 8 EA $ 75.00 $ 600.00
Std. Ye ll ow Solid 6" Stripe 21,000 LF $ 0.50 $ 10,500.00 31,992 LF $ 0 .50 $ 15,996.00
Std. Yellow Solid 1 8" Stripe 30 LF $ 1.00 $ 30.00 43 LF $ 1.00 $ 43.00
$ 161117.00 $ 20,476.00
AC adjustments per City spec $ (17 ,961.47)
TOTAL ORDERED VS. TOTAL PAID $ 312,897.00 $ 278,371.25
(actual PO amount was $312,900.00)
I I
NOTE: PERMANENT THERMOPLAS TIC STRIPING WAS QUOTED BY PREFERRED MATERIALS IN THE PIGGYBACKED CONTRACT APPROVED BY CITY
COMMISSION IN MARCH 2016 FOR A TOTAL OF $40,750. HOWEVER, CITY STAFF OBTAINED FOUR ADDITIONAL QUOTES FOR THERMOPLASTIC
STRIPING, AND REDUCED THE PROJECT COST $7,090 BY USING SOUTHERN STATES PAVEMENT MARKINGS, FOR A TOTAL OF $33,660. I
(See attached PO 161648 to Southern States Pavement Markings with quote summary.)
(I)
m l>
"O (i)
-fm m z
S:o ~l>
:::1:1:::( ...,.m
~s:
N V! ceo ...,.n
O'l
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMJSSJON MEETING
STAFF REPORT
90-Day Calendar for the Mayor and Commission
AGENDA ITEM 9A
SEPTEMBER 12, 2016
Yvo nne Ca lver ley, Executive Assistant to I he C ity Manager ~~
September I , 20 16
STRATEGIC PLAN LINK: None
BACKGROUND: The 90-day caJendw· is inc luded on the agenda for the purpose of selling
meeting dates, determining the location, time and whether or not to
videotape special meetings and workshops if the Commission desires.
The roll ing 90-d ay calendar wi ll be revised after rece iving input from City
staff and t he Commission and will be incl uded in each agenda for
consideration.
Special notes:
• A Comm ission Roundtable discussion is scheduled for Saturday,
September 10111 at I Oam in the Adele Grage Cu ltura l Center.
• A Commission Workshop to discuss the CRA is scheduled for
Monday, September 26111 at 5 pm in t he Chamber.
• The Annual Board Member Reception is schedul ed for T hursday,
September 29111 at 6 :30 pm at the Adele Grage C ul tural Center.
• A Town Hal l Meet ing is scheduled for 10 am on Saturday,
October I 5th at the Jordan Park Center.
BUDGET: None
RECOMMENDATION: Approve lhe 90-Day Ca lendar for September th rough November 2016
ATTACHMENT: 1) Mayor and Commission 90-Day Ca le n dar (September through
November 2016)
CITY MANAGER: -~~71.:.........:V::;.....c..o~~a~~44'-ta~c...:'d...,..f"'=-----------
::'L'='D.\ Y :\IU='D \\
2 3 4
9 Songwriters 10 11
Concert Commission Mtg
6-8 pm 6:30pm
Adele Grage (Jnvoc-Harding)
Videotaped
16 17 18
23 24 25
Acoustic Nights Commission Mtg
6-8 pm 6:30pm
Bull Park (lnvoc-Waters)
Videotaped
30 31
MAYOR AND COMMISSION
October 2016
TL ~~~D .\Y \\'ED'\ I ::'D.\ Y 'JIIL'R:-:D .\ Y l :ltiD.\Y
5 6 7 Newsletter Due
(Hill)
Due Date for
10/24
Agenda Items
12 13 14
19 20 21
26 27 28
Due Date for
11/14
-Agenda Item s
S.\TL'RD.\ Y
1
8
Fall Festival
I I am-3 pm
Donner Park
IS
Town Hall Meeting
lOam
Jordan Park
22
Campout Under
the Stars
Russell Park
29
VI ,)> ~Cl ,,
~z egO
ml> ::a-........ ....,,
~ ~
N\0
Sl> en
~l':\D .\ y :0.10:-\D .\ Y
6 7
13 14
Com mi ssion Mtg
6:30pm
(ln voc-Reeves)
Videotaped
20 21
Songw r iters'
Concert
6-8 pm
Adele Grage
27 28
Com mi ssion Mtg
6:30pm
(l n voc-St in son)
Vi deotaped
MAYOR AND COMMISSION
November 2016
n ·E~D .\Y \\'ED:\E~D \Y 'IIIL 'R~D .\ Y
1 2 3
8 9 10
Newsletter Due Due Date for
(Harding) 11/28
Agenda Items
15 16 17
22 23 24
Due Date for City Offices
12/12 Closed
Agenda Items
29 30
I·RID.\\'
4
11
Veterans Day
City Offices
Closed
18
25
City Offices
Closed
~.\Tl 'RD .\'\"
5
12
19
26
VI
m)> ~G') m m
~z
g,O ml>
::0-.... --. Nm ~ ~
N\D
Sl>
0'1