Agenda Packet 02-23-04 CITY OF ATLANTIC BEACH
' COMMISSION MEETING FEBRUARY 23,2004
AGENDA
Call to order
Invocation and pledge to the flag
U1. Approve minutes of the Regular Commission meeting of February 9, 2004
2. Courtesy of Floor to Visitors
A. Recognition of Don Wolfson
B. Audit Report by James Moore&Company
3. Unfinished Business from Previous Meetings
' A. City Manager's follow-up report
B. Discussion and related action regarding traffic calming/speed bumps for 300
block of Plaza
t4. 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. Acknowledge receipt of January Utility Sales Report(City Manager)
' B. Authorize the Mayor to sign a letter authorizing the City of Jacksonville Mosquito
Control Division to fly aircraft over and spray mosquito breeding areas within the
city boundaries
5. Committee Reports
' A. Reports from the Police and General Employees Pension Boards
6. Action on Resolutions
' A. Resolution No. 04-04
(1) A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ESTABLISHING A DEFERRED RETIREMENT OPTION PROGRAM
' (Selecting the ICMA Retirement Corporation(RC) as the investment
administrator for the City's DROP participants)
(2) Authorize the City Manager to sign the Administrative Services
1 Agreement and other related documents (City Manager)
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' 7. Action on Ordinances
A. Ordinance No. 5-04-43 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
' AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 1, GENERALLY, TO DELETE SECTION 2-226,
HOLIDAY SCHEDULE, PROVIDING FOR CODIFICATION, AND
' PROVIDING FOR AN EFFECTIVE DATE
B. Ordinance No. 58-04-29 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3,
GENERAL EMPLOYEE RETIREMENT SYSTEM AND DIVISION 4, POLICE
OFFICER RETIREMENT SYSTEM, TO PROVIDE A DEFERRED
RETIREMENT OPTION PROGRAM FOR PARTICIPANTS; CHANGE
PAYMENT OF PENSION BOARD EXPENSES; AND AMENDING CHAPTER
' 2, ADMINISTRATION, ARTICLE VI, DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE ADJUSTMENTS FOR NORMAL
RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL
' FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY RETIREMENT
BENEFITS; PROVIDING ADJUSTMENTS FOR DEFERRED RETIREMENT
BENEFITS; PROVIDING FOR DEATH BENEFITS; PROVIDING FOR
' CHANGE TO PAYMENT OF PENSION BOARD EXPENSES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE
C. Ordinance No. 25-04-35 Introducuction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6, ARTICLE 2, BUILDING CODES, TO ADD A
NEW SEC. 6-18 CONSTRUCTION SITE MANAGEMENT, TO INCLUDE A
' CONSTRUCTION SITE MANAGEMENT PLAN
8. Miscellaneous Business
t A. Annual Report from the Public Safety Department(City Manager)
B. Health Insurance Renewal(City Manager)
(1) Authorize staff to renew health insurance with Blue Cross/Blue Shield
' effective April 1, 2004
(2) Retain the current benefits and City/employee contribution amounts
(3) Authorize a change in the effective date of health insurance coverage for
' new employees
C. Schedule for first reading an ordinance to identify Selva Marina Units 10 and 12
as a tree canopy protection area(City Manager)
' D. Public Hearing and action to approve the use of the general reference to that area
platted as Atlantic Beach Subdivision A, formerly called Core City, as Old
Atlantic Beach (Comm. Simmons)
' E. Authorize the City Manager to execute contracts with ABET and Sandra Phillips
for rental of City facilities(City Manager)
F. Appointment to the Code Enforcement Board to fill an unexpired term
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G. Authorize the City Manager to enter into a contract with Property Bureau.com,
t Inc. to dispose of surplus property for the City (City Manager)
H. Authorize staff to contract with TouchPoint to complete the radio site survey for
lift stations at a cost of$13,692.84 (City Manager)
9. City Manager
A. anr' report
' 10. Reports
City and/oMr reagequestss from City Commissioners and City Attorney
II Adjournment
' 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,February 20,2004.
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MINUTES
REGULAR CITY COMMISSION MEETING
' FEBRUARY 9, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
' Mayor John Meserve City Manager Jim Hanson
Mayor Pro Tern Richard Beaver City Clerk Maureen King
Commissioner Paul B. Parsons City Attorney Alan C. Jensen
' Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
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Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
' was given by Mayor Meserve and was followed by the Pledge of Allegiance
to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of
January 26,2004
' Commissioner Simmons requested that the minutes be amended to reflect
the following: On Page 10 of the minutes, change the third item under her
comments, to read as follows: "Stated that she was aware of some
' problems with rental properties in her area,but is not sure inspection is the
solution, and requested further discussion on this issue by the City
Commission."
' Motion: Approve Minutes of the Regular Meeting of
January 26, 2004 as amended.
Moved by Beaver,seconded by Parsons
Votes:
' Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve
Nay: 0
MOTION CARRIED
' 2. Courtesy of the Floor to Visitors
' Donna Bagby of 1817 Selva Grande Drive spoke in favor of allowing
dogs to run free on the beach in a designated area, during designated hours.
It was suggested that the area abutting Hanna Park be considered. (Item
' 8B).
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February 9,2004 REGULAR COMMISSION MEETING Page 2
' Wayne Jones, President of the Northeast Florida Residential Property
Managers Association, spoke in opposition to inspection of rental
properties (Item 8A). Mr. Jones stated that the members of his organization
were licensed,professional managers. He felt inspections would be
duplications of current statutes that protect tenants and rental properties.
' Mr. Jones further stated that property managers account for all maintenance
and termite inspection for their properties and city inspections were not
required.
' Peter Sapia of 1655 Selva Marina Drive,who owns a property
management business, echoed the sentiments of Mr. Jones. He disagreed
with many of the comments made in the report presented by Code
Enforcement Board Chair at the previous meeting. He noted that the Code
Enforcement Board was created to enforce, not write ordinances. He felt
' tenant education, so they know their rights, and enforcement of existing
codes,would resolve any apparent problems.
' Deane Brown of 349 3rd Street spoke in opposition to allowing dogs to run
free dogs on the beach. Mrs. Brown recounted an incident where an
unleased dog bit her grandson while he was playing on the beach.
' Clifford Dunlopof 338 Plaza requested that the speed bumps be
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reinstalled on Plaza and that on-street parking be retained.
'
Lynn Raiser of 359 Plaza also requested that the speed bumps be put back
' on her street. .
Stephen Kuti of 1132 Linkside Drive spoke in favor of raising Police
' salaries to the level of the Jacksonville Sheriff's Office. He also spoke in
opposition to allowing dogs to run loose on the beach.
Betty Eilers of 369 3" Street expressed concern that the city's new
' drainage system was not being properly maintained. She stated that she had
taken it upon herself to sweep leaves from the street by her house,which is
' located in a low spot, to keep them from accumulating in the drains.
Ms. Eilers stated she was opposed to changing the animal control ordinance
' and reported that she was attacked on the beach by an unleased pit bull last
week. She also opposed construction of a skate park in Russell Park.
Hazel Brown of 1753 Seminole Road stated there were already unleased
' dogs running on the beach and stated she was afraid of what they might do.
Ms. Brown favored enforcement of the current ordinance.
' J. P. Marchioli of 414 Sherry Drive reminded the Commissioners of a
petition with seventy-eight signatures requesting speed control on Sherry
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February 9,2004 REGULAR COMMISSION MEETING Pate 3
Drive. Mr. Marchioli also expressed opposition to allowing dogs to run free
on the beach, opposition to inspection of rental properties and requested that
' a sidewalk be installed on the west side of Sherry Drive.
Richard DeVane of 386 4th Street recounted two unpleasant experiences
' involving unleashed dogs on the beach and suggested that the
Commissioners consider limiting the time that dogs would be allowed on
the beach during June,July and August to before 8:00 a.m. and after 5:00
1 p.m.
Gary Evans,the local Fraternal Order of Police(FOP) Representative,
' stated he did not understand the recommendation of the Public Safety
Director for one-time pay adjustment for Police Officers and the pay
proposal,which included items that were rejected at the impasse hearing.
' He suggested reopening negotiations. It was also confirmed that the"status
quo"would be continued on impasse items until a new contract was
negotiated.
' Bill Love of 265 3"1 Street opposed allowingdogs on the beach and stated
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that the current laws were difficult to enforce.
' Jeanell Wilson, owner of a rental property management company in
Jacksonville Beach, felt the proposed inspection of rental properties
' discriminated against landlords and added another layer of bureaucracy.
She felt existing laws should be enforced and pointed out that rental
properties paid higher taxes because there were ineligible for the homestead
exemption.
' Janet Lambert of 314 Plaza was upset by the delay in reinstalling the
speed bumps on the 300 block of Plaza and requested that they be
reinstalled immediately. She indicated that the residents living at the
' following addresses on Plaza supported reinstalling the speed bumps: 306,
310, 314, 338, 348, 350, 358, 336, 370, 374, 390, 309, 323, 327, 343, 383,
355, 359, 363, 369, and 371.
' Joan McLoud of 176 Magnolia Street supported allowing dogs to run free
on the beach in a designated area or during designated times. She agreed
' that pet owners should be responsible for cleaning up after their pets and
inquired if the city provided bags for that purpose. Ms. McLoud indicated
that she would like to hear the Commissioners' thoughts on a dog park, and
' stated that she was speaking on behalf of Susie Sneed.
Mayor Meserve stated that he would like to discuss Item 8B at this time.
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February 9,2004 REGULAR COMMISSION MEETING Page 4
' B. Discussion and related action regarding possible amendment to
the regulations pertaining to animals on the beach
' Animals on the Beach (Commissioner Beaver)
Commissioner Beaver explained that he had requested that this item be
placed on the agenda in response to numerous written requests from citizens
requesting an amendment to the dog leash law to allow their pets to run free
on the beach in designated areas and/or during designated hours.
Commissioner Beaver assured those present that it was not the intention of
the Commission to do away with the dog leash law,but to try to possibly
redefine the law to allow for more effective enforcement.
' Commissioner Simmons believed it was the intent of Susan Sneed,the
resident who initiated the letter campaign, to have a specific time for when
' dogs could run free on the entire beach,not just to play fetch in the water.
Commissioner Simmons expressed her thoughts on the request, and
' indicated that in 1997 she served on the Committee formed to revise the
Animal Ordinance, and the same issue and found no support from ocean
front property owners. Commissioner Simmons stated that it was suggested
that the less populated beach adjacent to Hanna Park be designated as an
area where dogs could run free,but she questioned how the owners would
get their to the beach,with limited parking at the Oceanwalk access. She
' felt the Oceanwalk residents would not support this suggestion, and the
other alternative would be for the dog owners to walk their animals up the
beach to the designated area. Commissioner Simmons believed that if dogs
' were allowed to run free over the two mile stretch of beach during
designated hours, when it was time to leave the beach, the dogs would also
' be allowed to run off leash through neighborhoods to their cars or homes
and cause public safety concerns.
Commissioner Parsons stated that he had received requests for approval and
' denial of the request and he was still undecided about this issue.
' Mayor Meserve felt the existing law was very liberal and did not need to be
amended. He stated that he did not favor banning dogs from the beach,but
acknowledged dogs could be unpredictable and should be kept on their
' leashes. The Mayor supported better enforcement of the current animal
controllaws,but noted that Animal Control Officers could not be on the
beach eight hours a day, since there were problems with dogs running at
' large in other areas of the city.
NO ACTION WAS TAKEN
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February 9,2004 REGULAR COMMISSION MEETING • Pare 5
' Mayor Meserve requested that Item 8A be taken out of sequence and acted
on at this time.
' Inspection of Rental
Properties A. Discussion and related action regarding inspection of rental
properties (Commissioners Simmons and Waters)
Commissioner Waters thanked Curt Sanders, Chair of the Code
Enforcement Board, for his presentation concerning inspection of rental
properties and then read a prepared statement supporting licensing of
landlords. The statement is attached and made part of this official record as
Attachment A. After reading the statement, Commissioner Waters made
the following motion:
Motion: With the full knowledge and confidence in the City Manager
' and his staff, that we have sufficient tools in the code and regulations of
the code of Atlantic Beach, as well as the knowledgeable staff to enforce
compliance of those regulations against landlords upon complaint,we
' charge the City Manager and City Clerk and pertinent staff to create
an ordinance which provides for the licensing of all landlords doing
business within the City of Atlantic Beach for the purpose of informing
them about the current and future regulations of the city regarding
renting, along with an appropriate fee schedule to cover increased costs
in the Clerk's office and a fine schedule which will ensure compliances
and a landlords pamphlet which outlines his responsibilities and
obligations, and return these to the Commission at the April 8,2004
' meeting.
Moved by Waters, Second
' Votes:
Aye:
Nay
MOTION WAS LOST FOR LACK OF A SECOND
Commissioner Parsons believed there was not a sufficient problem for the
' city to enact the recommendations set forth by Commissioner Waters. He
indicated that there were state laws in place to protect the rights of tenants.
' Commissioner Beaver also thanked Curt Sanders for his input.
Commissioner Beaver believed there was no need to license landlords. He
felt there might be a few landlords who abused tenants' rights,but they
' could be regulated by enforcement of current laws. He believed additional
regulations would not prevent the unscrupulous landlords from conducting
business.
February 9,2004 REGULAR COMMISSION MEETING Page 6
' 3. Unfinished Business from Previous Meeting
City Manager's A. City Manager's Follow-Up Report
Follow-Up Report
City Manager Hanson commented on each item of his written report, which
' is attached and made part of this official record as Attachment B.
Extension of the Town Center Streetscape on Ocean Avenue
City Manager Hanson reported that since his report was written, the city had
successfully hand dug and relocated the palm trees causing no delays for the
' project.
B. Discussion and related action regarding sidewalk on 5th Street
' and Sherry Drive (Commissioner Parsons)
Donna Kaluzniak displayed photographs of the property illustrating how the
area would look if the city acquired the small piece of property and built the
sidewalk and how it would look if designed without the property.
Commissioner Parsons favored the original design and stated that the
Mayor had met with the property owner several times to discuss purchase of
the small piece of property, but could not come to any conclusion
concerning the transaction. He pointed out that the city needed only about
' one foot of property, which would not require the property owner to move
the fence, and had offered to help with drainage problems on the property.
He felt the original design looked better and if required, the city should
move ahead with condemnation proceedings to acquire the property.
' City Manager Hanson explained that it was staff's original position to
condemn.the property if no agreement could be reached with the property
owner. He expressed doubt that an agreement could be reached and the city
' should move forward as originally proposed and reconnect the sidewalk.
Commissioner Waters agreed with Commissioner Parsons. Mayor Meserve
' stated it would be expensive to condemn the property, and if it went to
court, the city would have to establish that the property was being taken for
the public good. He then inquired of the City Attorney if it was possible to
' condemn private property when the corner would be safe with either design,
and the drainage could be improved.
City Attorney Jensen expressed concern about the size of the right-of-way,
and stated that the problem was caused by the city placing the new road too
close to the edge of the right-of-way on the south side. He indicated that the
' city would have to have a written appraisal and prove a valid public purpose
forthe taking. City Attorney Jensen thought the court would look at
alternatives to the city taking the property. He pointed out that if the city
February 9,2004 REGULAR COMMISSION MEETING Page 7
was defeated in the taking, the city would have to pay the opponent's
attorney fees. He felt the case would be difficult and expensive to prove.
Discussion of the placement and design of the road ensued. Commissioner
Parsons volunteered to talk to the property owner one more time to see if
' the issue could be resolved without going to court. No one objected to his
suggestion.
C. Extend annual contract with Tom's Asphalt Repairs, Inc. for
asphalt repairs at the current contract prices (Bid No. 0102-9)
' Motion: Extend annual contract with Tom's Asphalt Repairs, Inc. for
asphalt repairs at the current contract prices.
' Commissioner Parsons stated that he had spoken with the City Manager
regarding this contract and the company's work seemed to be satisfactory.
Moved by Beaver, seconded by Parsons
Votes:
Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
' D. Discussion and related action regarding establishing guidelines
for contractors to follow in managing construction sites
' (Commissioner Simmons)
Commissioner Simmons distributed photographs illustrating problems at
' various construction sites in her area. She requested that the Commission
move forward with an ordinance managing construction sites, but noted that
there were some elements of the proposed guidelines that might be
' problematic, such as the requirement to fence the construction site if the lot
is small and obstructs parking.
t Discussion ensued and Commissioner Waters inquired concerning a fence
height of 3' on construction sites abutting the water. Building Official Ford
responded that the height of 3' did not obstruct people's view of the water.
' Commissioner Waters also commented that 7:00 a.m. was too early for
construction to begin.
' City Manager Hanson explained that the guidelines would not solve all of
the problems, but it would require contractors to submit site management
plans for review by staff.
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February 9,2004 REGULAR COMMISSION MEETING Page 8
' Commissioner Beaver felt mowing of grass and the delivery of roll-off
dumpsters should also be addressed. He noted that in the past, dumpsters
have damaged city streets and contractors should be responsible for repairs.
Staff was directed to draft an ordinance to establish guidelines for
' contractors to follow for management of construction sites.
Consent Agenda 4. Consent Agenda
Commissioner Waters requested that Items B, C and D be removed from the
Consent Agenda for discussion.
Monthly Reports A. Acknowledge receipt of monthly reports: Building Department
Activity Report, New Occupational Licenses Report, and Public
' Works and Utility Departments Project Status Report (City
Manager)
' Extend Contract with E. Extend the contract with L. D. Bradley Land Surveyors for
L.D. Bradley Land professional land surveying at the current contract prices (RFP
Surveyors No. 0102-11 (City Manager)
1 Motion: Approve Consent Agenda Items A and E as presented.
Moved by Beaver, seconded by Simmons
Votes:
1 Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Police Union Contract B. Report regarding the status of the Police Union Contract (City
Status Report Manager)
1 City Manager Hanson reported that the Police Union voted against ratifying
the contract items approved by the Commission during the impasse hearing.
1 He further stated that this matter would have no impact on the current fiscal
year. However, it was pointed out that the same issues would be brought up
during current contract negotiations.
' Commissioner Waters confirmed that the impasse items would be continued
past the fiscal year, if a new contract was not negotiated by October 1,
' 2004.
THE REPORT WAS RECEIVED AND ACKNOWLEDGED. NO
ACTION WAS TAKEN.
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February 9,2004 REGULAR COMMISSION MEETING Page 9
One-time Pay C. Report and recommendations regarding one-time pay adjust-
Adjustment for Police ment for Police Officers (City Manager)
' Officers
Commissioner Waters stated that he was surprised to read in the report it
would take $232,524 to bring the Police Officers' salaries up to the level of
the Jacksonville Sheriff's Office. Commissioner Waters suggested that the
$41,370 "new money" be given to employees as a one-time Christmas
bonus.
' Motion: Divide the"new money", resulting from an increased tax base
of$28M from new construction, for a one time Christmas Bonus for all
city employees.
Moved by Waters
' THE MOTION WAS LOST FOR LACK OF A SECOND.
' Commissioner Beaver believed it would be better to discuss pay
adjustments for police officers during strategic planning and upcoming
budget workshops.
' THE REPORT WAS RECEIVED AND ACKNOWLEDGED. NO
ACTION WAS TAKEN.
'
RejectReject All Bids D. all bids received under Bid No. 0304-08 for Country Club
' Received Under Bid
No. 0304-08 Lane stormwater replacement and authorize staff to rebid the
project (City Manager)
Commissioner Waters inquired concerning the need to rebid the project
' since there was only a $9,000 difference between what was budgeted and
the low bid. He believed that frequently time and money was wasted when
projects were rebid. Utility Director Kaluzniak explained that the bids were
over budget. Five firms had pre-qualified and she hoped other bidders
would qualify and, hopefully, bid the project within the budget.
Motion: Reject all bids received under Bid No. 0304-08 for Country
Club Lane stormwater replacement and authorize staff to rebid the
' project.
Moved by Waters, seconded by Beaver
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
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February 9,2004 REGULAR COMMISSION MEETING Page 10
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
A. Resolution No. 04-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE CITY COMMISSION
INTENT TO PROVIDE FUTURE EMPLOYEE PAY
ADJUSTMENTS
Motion: Adopt Resolution 04-02.
Mayor Meserve indicated that passage of the resolution committed the
1 Commission to meet standards and remain competitive for recruitment and
retention of qualified employees.
The Mayor reported that he attended two Police Department training
sessions to express, on behalf of the Commission, that their service to the
community was valued, as well as the service of all employees.
Moved bySimmons, econded byWaters
L Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Ordinances 7. Action on Ordinances
A. Ordinance No. 05-04-43 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC Beach,
FLORIDA,AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 1,
GENERALLY, TO DELETE SECTION 2-226, HOLIDAY
SCHEDULE, PROVIDING CODIFICATION, AND
PROVIDING AN EFFECTIVE DATE
Motion: Approve Ordinance No. 05-04-43 on first reading.
Commissioner Waters inquired as to why that particular section was being
deleted from the Code of Ordinances. It was explained that Section 2-226
duplicated information found in the Union Contracts and Personnel Manual
and was not required in the code.
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February 9,2004 REGULAR COMMISSION MEETING Page 11
Moved by Beaver,seconded by Parsons
Votes:
' Aye: 5—Beaver, Parsons,Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
' B. Ordinance No. 58-04-29 Introduction & First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
' FLORIDA,AMENDING CHPTER 2,ADMINISTRATION,
ARTICLE VI,DIVISION 3, GENERAL EMPLOYEE RETIREMENT
SYSTEM AND DIVISION 4, POLICE OFFICER RETIREMENT
' SYSTEM,TO PROVIDE A DEFERRED RETIREMENT OPTION
PROGRAM FOR PARTICIPANTS; CHANGE PAYMENT OF
PENSION BOARD EXPENSES; AND AMENDING CHAPTER 2,
' ADMINISTRATION,ARTICLE VI,DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM,TO PROVIDE ADJUSTMENTS FOR
NORMAL RETIREMENT BENEFITS; PROVIDING
' ADJUSTMENTS TO OPTIONAL FORMS OF PENSION PAYMENT;
PROVIDING FOR EARLY RETIREMENT BENEFITS;
PROVIDING ADJUSTMENTS FOR DEFERRED RETIREMENT
' BENEFITS; PROVIDING FOR DEATH BENEFITS; PROVIDING
CHANGE TO PAYMENT OF PENSION BOARD EXPENSES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
' CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE
' Motion: Approve Ordinance No. 58-04-29 on first reading.
City Manager Hanson briefly explained how the Deferred Retirement
' Option Program(DROP)worked.
Moved by Parsons,seconded by Waters
' Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
' MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
IInspection of Rental A. Discussion and related action regarding inspection of rental
Properties properties (Commissioners Simmons and Waters)
' This item was taken out of sequence and discussed earlier in the meeting.
I Animals on the Beach B. Discussion and related action regarding possible amendment to
the regulations pertaining to animals on the beach
(Commissioner Beaver)
February 9,2004 REGULAR COMMISSION MEETING Page 12
This item was taken out of sequence and discussed earlier in the meeting.
' Local Law C. Authorize the Mayor to sign the Local Law Enforcement Block
Enforcement Block Grant Agreement with the City of Jacksonville to receive
Grant $17,600 for the Crime Suppression Unit(City Manager)
Motion: Authorize the Mayor to sign the Local Law Enforcement
' Block Grant Agreement with the City of Jacksonville to receive$17,600
for the Crime Suppression Unit.
' There was no discussion.
Moved by Beaver,seconded by Parsons
' Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
' MOTION CARRIED
PetSmart Corp. Grant D. Authorize staff to apply for a PetSmart Corporation grant to
Authorization assist with the animal adoption program, and authorize the
Mayor to sign the grant application and related documents
(City Manager)
' Motion: Authorize staff to apply for a PetSmart Corporation grant to
' assist with the animal adoption program, and authorize the Mayor to
sign the grant application and related documents.
' City Manager Hanson briefly explained the city's animal adoption program
and indicated that an ordinance would be brought back to the Commission
to set an adoption fee of$75.00.
' There was no discussion.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve
Nay: 0
' MOTION CARRIED
9. City Manager
II City Manager's Report A. City Manager's Report
City Manager Hanson commented on the following items from his written
II report:
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February 9,2004 REGULAR COMMISSION MEETING Pate 13
' o• Reported the city had a new web site address of coab.us, which should
♦ make e-mailing easier.
••• Reported the city had received the $50,000 check from the City of
• Jacksonville committed by Council Member Jerry Holland for
' renovations to the Adele Grage Cultural Center. He thanked Council
Member Art Graham for his efforts to make sure the City received this
check.
' ❖ Reported that"Dancing in the Streets", a yearly Town Center event,
would be held Saturday, May 15th.
' ❖ Reported that the city's proposal for privatization of the water and sewer
services at the Navy base was unsuccessful.
' ••• Announced that the following events would take place at the Adele
Grage Cultural Center: Laughter Workshop - February 12th at 7:00
p.m., Songwriter's Night in the Theater — February 17t at 7:00 p.m.,
and Acoustic Night—March 21St
❖ Reported that a meeting was held on January 29" with representatives
from the Florida Department of Transportation (FDOT), the
Metropolitan Planning Organization (MPO),the cities of Atlantic Beach
' and Jacksonville, and GAI Consultants to discuss coordination and
timing between the groups to permit and construct the Mayport Road
medians. He further reported that the FDOT wanted an additional
traffic study of the possibility of reducing the number of lanes from six
to four at the south end of Mayport Road, and an individual traffic
analysis of each intersection before issuance of permits for the project.
He also reported that in order to conform to the FDOT's resurfacing
schedule, the project may not begin until 2007. It is hoped that the
city's consultant for the project, GAI Consultants, will be chosen to do
the design work for all of the governmental agencies involved.
' Strategic Planning Sessions
In addition to the written report, City Manager Hanson announced that
' two Strategic Planning Sessions had been scheduled for Wednesday
April 7th and Thursday April 8th from 5:00-9:00 p.m. at the Sea Turtle
Inn.
tReports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
1
February 9,2004 REGULAR COMMISSION MEETING Pate 14
' Commissioner Beaver
' ❖ Stated he would send a letter Council Member Art Graham
thanking him for his assistance in obtaining the $50,000 check for
renovations to the Adele Grage Cultural Center.
' ••• Felt the dogs running free o n t he b each i ssue h ad n of ended and
would be back on some future agenda.
' •'• Requested that the Plaza speed bumps be placed on the next agenda
• for Commission discussion and action.
' Commissioner Simmons
' Stated the outfall drains at 7`h and 10`h Streets had become targets for
graffiti and inquired if they could be removed.
❖ Commented on problems she had encountered at construction sites and
stated that 7:00 a.m. was too early for work to begin in established
neighborhoods.
Commissioner Waters
' ❖ Reported he attended the Skate into the Future event held Saturday
and complimented staff on the clean restroom in Jack Russell Park.
' ❖ Stated that local radio was talking about the beach cities as the
place to be during next year's Superbowl and inquired if any events
were being planned for the beach.
❖ Reminded the Commissioners that Atlantic Beach would be hosting
the Northeast Florida League o f C ities meeting o n M arch 1 8th a t
' 6:00 p.m. at the Sea Turtle Inn.
Mayor Meserve
❖ As the beaches representative to the Superbowl Committee, the
' Mayor reported there might be a modified one-day air show on
Saturday during the Superbowl, but at this point no other events
were planned. The Mayor stated more information was needed
from the City of Jacksonville's Special Events Department.
February 9,2004 REGULAR COMMISSION MEETING Pace 15
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:45 p.m.
1
. John Meserve,Mayor/Presiding Officer
ATTEST:
' Maureen King
Certified Municipal Clerk
•I
1
AGENDA ITEM#3A
FEBRUARY 23,2004
February 17, 2004
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
' FROM: Jim Hanso
qty Manager
1 SUBJECT: Follow-up eport
Ocean Outfall Lines at 7th and 10th Streets; A question was raised at the last commission
' meeting about what the City intended to do with the remaining storm water outfall structures on
the beach at the 10th and 7th Street access points. These were originally designed to carry storm
water out of Atlantic Beach to the ocean. The drainage that fed into these outfall lines was
1 redirected as part of the recently completed Core City Project so that these areas would now
drain to the Selva Lagoon system and ultimately out to the intercoastal waterway. The
redirection of drainage waters away from the beach areas has been encouraged by the state for
' several years. However,the outfall structures on the beach still remain. The designer of the
project,Neil Aikenhead, specifically left these structures in place with the idea that they would
be available for use in case of catastrophic rain events in the future. If such a rain event were to
' occur, and the Selva Lagoon system could not handle the storm water, it would be possible to
temporarily unplug the old lines leading to the beach to help relieve those flooding conditions.
' Staff's recommendation is to leave these structures in place, although steps can be taken to make
them less objectionable. The sand around these structures has eroded in the past because of the
flow out of the structures to the beach. Since these lines were rerouted, much of the sand that
was eroded has migrated back and the structures do not stick out as far as they did. If the sand is
not completely returned to its normal level by the time of the expected 2005 Renourishment
Project, then it can be filled in at that time. In the meantime, city staff will paint over the graffiti
that was recently painted on some of the structures.
State Law on Speed Bumps; One question raised during a recent discussion about possible
' installation of speed bumps/humps along Plaza Drive was whether or not any state law exists that
would limit the city's authority to install speed bumps/humps along that street. This question has
been researched by the Police Department which was unable to find any state laws that restrict
the use of speed bumps/humps on city streets. There are numerous jurisdictions that implement
traffic calming devices of various sorts, including speed bumps/humps.
' AGENDA ITEM#3A
FEBRUARY 23,2004
Outstanding Items; Items that were previously discussed at commission meetings that are
' currently being studied include the following:
• Water/Sewer Rate Restructuring; Revised estimates of the effect of the proposed water
' and sewer restructured rates are due from the consultants, Burton and Associates, during
the week of February 17`h, although they are not available at the time of the writing of this
report.
• Roundabout Study; The city's consultant, GM, has reported that the work is
approximately 80%complete. The initial target date set for the completion of the report is
past and the engineer working on the project has committed for completion by the end of
February.
• Sidewalk Extension at 5th and Sherry Drive;Commissioner Parsons volunteered to meet
with the owner to try to work out a mutual agreeable solution. No report is available has
of the date of this follow-up.
1
1
' AGENDA ITEM#3B
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
1 STAFF REPORT
AGENDA ITEM: Traffic Calming on Plaza
SUBMITTED BY: Donna Kaluzniak, Utility Direct.
",
DATE: February 17, 2004
' BACKGROUND: A study by the Public Safety Department determined there is a speeding
problem on Plaza east of the 5-way intersection. At the January 26, 2004 Commission meeting,
staff was asked to prepare a drawing showing a traffic calming method other than speed bumps
111
or humps, such as chicanes.
Staff has prepared the attached drawing showing proposed locations for chicanes, a traffic
1 calming method that requires the driver to negotiate two or more curb extensions in an"S"
configuration. The chicanes are proposed approximately halfway down the third median, which
was determined the best location to avoid other conflicts with existing driveways and utilities.
1ncould be landscaped with flowerbeds or low shrubs,chicanes p however trees would not be
1 recommended as they could reduce visibility for citizens backing out of their driveway. It
appears that a minimum of two parking spaces would be lost on each side of Plaza if the
chicanes were installed.
1 BUDGET: The estimated cost for the chicanes is approximately$15,000.
1 RECOMMENDATION: Provide staff with direction on the desired traffic calming method to
design and build.
IATTACHMENTS: 1. Drawing of proposed chicanes on Plaza.
REVIEWED BY CITY MANAGER:
1
I ,
1 AGENDA ITEM#3B
I I i FEBRUARY 23,2004
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AGENDA ITEM#4A
1 FEBRUARY 23,2004
i
City of Atlantic Beach, FL
Utility Sales Report
I
Janua 2004 January 2003
r=te
tr-mss,ra=rt:;-- gee Sas�. ... •,1r>:.,
Gallons Actual Revenue Gallons Actual Revenue
• Water Sales Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 gl
'0 _ w
II
Atlantic Beach 5,429 44,555 $89,430 $2.01 5,308 45,345 $90,029 $1.99
Buccaneer 2,565 27,288 $60,563 $2.22 2,615 32,021 $71,831 $2.24
Total Water Sales 7,994 71,843 $149,992 $2.09 7,923 77,366 $161,860 $2.09
L
I Water Plant Production
Gallons Gallons
(000) (000)
Atlantic Beach 55,123 53,609
IBuccaneer 30,329 37,633
Total Production 85,452 91,242
ITotal Water Billed 71,843 77,366
Water Loss for month: 13,609 13,876
IPercentage Loss 15.93% 15.21%
Total 12 mo.Avg. Loss 13.47% 15.53%
Gallons Actual Revenue Gallons Actual Revenue
ISewer Sales Accounts (000) Revenue Per 1,000 gl Accounts (000) Revenue Per 1,000 gl
Atlantic Beach 4,840 34,076 $136,496 4.01 4,764 35,562 $140,049 3.94
Buccaneer 2,440 25,534 $121,195 4.75 2,510 30,380 $139,220 4.58
Total Sewer Sales 7,280 59,610 $257,691 $4.32 7,274 65,942 $279,269 $4.24
I
Sewer Treatment
I Millions of Gallons 70.15
Rev. • r 1,000 Gallons $3.67 iiiii
AGENDA ITEM #4B
I
FEBRUARY 23,2004
•=7,0Uv�
1Nj
1. ---4-4�
IOFFICE OF THE MAYOR
JOHN S. MESERVE 800 SEMINOLE ROAD
IMAYOR ATLANTIC BEACH, FLORIDA
I
I
February 17, 2004
I
James R. Brown, Ph. D.
Chief, Mosquito Control Division
I
1321 Eastport Road
Jacksonville, FL 32218
I
Dear Mr. Brown:
IThis is to confirm that permission is granted to the City of Jacksonville,Florida, Environmental Resource
Management Department, Mosquito Control Division, to fly aircraft within official City boundaries and
I over mosquito breeding locations in the City of Atlantic Beach when engaged in mosquito control •
spraying operations during the period of May 1, 2004 through April 30, 2005.
I
Sincerely,
John S. Meserve
I Mayor
I
I
I
IWork Phone: (904)246-9900 Ext. 101 Fax: (904)246-9447 * City Hall Phone: (904)247-5809 Fax:(904)247-5805
AGENDA ITEM#5A
FEBRUARY 23,2004
i"" CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
NIS
' AGENDA ITEM: Police Employee's Pension Plan Board's Report.
' SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 17,2004
BACKGROUND: At the Commission meeting on August 26,2002,the Mayor
requested that boards and committees make semi-annual reports to
' the City Commission. This report, and a verbal report to be
provided to the Commissioners on February 23,2004, is hereby
submitted by the Police Employee's Pension Board.
111 As of the last annual actuarial evaluation report dated 09/30/02,
there were 26 active members, 7 regular retirees, 2 disability
retirees, and 3 separated vested members.
Today there are 25 active members, 8 regular retirees, 3 disability
' retirees,and 4 separated vested members.
The City's October contribution rate changes each year based upon
an actuarial evaluation and is based upon September 30th data
from the preceding year.
' The current contribution rate,effective October 2003, is 13.31%of
salary or$242,637. Contribution rates for the past five years were:
' October 2003 13.31% $242,637
October 2002 12.44% $225,991
October 2001 11.75% $224,812
October 2000 10.33% $183,091
October 1999 10.19% $180,019
RECOMMENDATION: None. This Staff Report is for information only.
ATTACHMENTS: 1. Pension Board members and professional services
' 2. Merrill Lynch December 31, 2003 Summary Report,
Page 2 and Page 6
' CITY MANAGER:
L AGENDA ITEM#5A
FEBRUARY 23,2004
1 CITY OF ATLANTIC BEACH
PENSION BOARDS
GENERAL EMPLOYEE'S PENSION BOARD OF TRUSTEES:
I Elected Timothy Townsend (Tim) Chair 01/01/06
Elected J. Tom Wells Chair Pro-Tem 08/08/04
Commissioner Tony F. Downing Secretary 12/31/07
I Commissioner Edward (Ed) L. Lipscomb Member 10/11/07
At Large Harry E. McNally Member 03/27/07
I
POLICE EMPLOYEE'S PENSION BOARD OF TRUSTEES:
IElected Henry Bartle Chair 11/09/04
Elected Dale Hatfield Chair Pro-Tern 08/06/05
ICommissioner Tony F. Downing Secretary 12/31/05
Commissioner Edward (Ed) L. Lipscomb Member 10/11/05
111 At Large Harry E. McNally Member 03/27/05
IPROFESSIONAL SERVICES - BOTH BOARDS:
IConsultants & Actuaries
I
Gabriel, Roeder, Smith & Company
Legal
ISugarman & Susskind
I
Investment Managers
TRUSCO Capital Management
I
EuroPacific
I
Investment Advisor
Merrill Lynch Consulting Services
I
I
AGENDA ITEM#5A
FEBRUARY 23,2004
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AGENDA ITEM#5A
' CITY OF ATLANTIC BEACH FEBRUARY 23,2004
CITY COMMISSION MEETING
' STAFF REPORT
' AGENDA ITEM: General Employee's Pension Plan Board's Report.
' SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 17, 2004
' BACKGROUND: At the Commission meeting on August 26, 2002,the Mayor
requested that boards and committees make semi-annual reports to
the City Commission. This report, and a verbal report to be
provided to the Commissioners on February 23, 2004, is hereby
submitted by the General Employee's Pension Board.
' As of the last official evaluation report dated 09/30/02, there were
75 active members, 23 regular retirees, 2 beneficiaries, 2 disability
retirees, and 13 separated vested members.
Today there are 82 active members, 23 regular retirees,4
' beneficiaries, 2 disability retirees, and 12 separated vested
members.
' The City's October contribution rate changes each year based upon
an actuarial evaluation and is based upon September 30th data
from the preceding year.
The current contribution rate, effective 10/01/03, is 12.71% of
salary or$381,518. Contribution rates for the past five years were:
October 2003 12.71% $381,518
October 2002 11.81% $315,106
' October 2001
11.41% $288,070
October 2000 11.24% $266,148
October 1999 11.58% $259,414
RECOMMENDATION: None. This Staff Report for information only.
ATTACHMENTS: 1. Pension Board members and professional services
2. Merrill Lynch December 31, 2003 Summary Report,
Page 2 and Page 6
CITY MANAGER:
I AGENDA ITEM#5A
FEBRUARY 23,2004
I CITY OF ATLANTIC BEACH
PENSION BOARDS
I
IGENERAL EMPLOYEE'S PENSION BOARD OF TRUSTEES:
I Elected Timothy Townsend (Tim) Chair 01/01/06
Elected J. Tom Wells Chair Pro-Tern 08/08/04
Commissioner Tony F. Downing Secretary 12/31/07
I Commissioner Edward (Ed) L. Lipscomb Member
Member 10/11/07
At Large Harry E. McNally 03/27/07
I
POLICE EMPLOYEE'S PENSION BOARD OF TRUSTEES:
IElected Henry Bartle Chair 11/09/04
Elected Dale Hatfield Chair Pro-Tern 08/06/05
ICommissioner Tony F. Downing Secretary 12/31/05
Commissioner Edward (Ed) L. Lipscomb Member 10/11/05
At Large Harry E. McNally Member 03/27/05
IPROFESSIONAL SERVICES - BOTH BOARDS:
IConsultants & Actuaries
IGabriel, Roeder, Smith & Company
Legal
ISugarman & Susskind
IInvestment Managers
TRUSCO Capital Management
I I
EuroPacific
Investment Advisor
IMerrill Lynch Consulting Services
I
AGENDA ITEM#5A
IFEBRUARY 23,2004
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AGENDA ITEM#6A
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Resolution selecting the ICMA Retirement Corporation (RC) as
the investment company for the City's DROP and ICMA
Administrative Services Agreement.
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 17, 2004
BACKGROUND: The City currently utilizes ICMA for a 401 retirement plan and for
a 457 retirement plan and desires to utilize ICMA as the
investment company for DROP participants.
The retirement annuityreceived by the employees that participate
within the DROP and remain working for the City will be directly
deposited within this ICMA 401 plan and managed by each
individual employee. After the DROP period (maximum of five
., years), the employee must cease their full time employment with
the City. At that time, the cash value of their investment account
may be withdrawn as a lump sum amount or as otherwise allowed
by the ICMA plan. Additionally, the employee will begin to
directly receive their retirement annuity from the City.
FUNDING: Once the employee enters the DROP, their retirement annuity is
determined and does not change upon additional service with the
City or salary increases. Both the employee and City contributions
to the City's pension plan are discontinued.
Annual Account Maintenance Fees ($25.00), if required, shall be
paid by the City.
Other expenses and investments charges will be paid by DROP
participants.
RECOMMENDATIONS: 1. Approve the Resolution selecting the ICMA Retirement
Corporation (RC) as the investment administrator for the City's
DROP participants, and
2. Authorize the City Manager to sign the Administrative Services
Agreement and other related documents.
ATTACHMENT: 1. Resolution
2. Administrative Services Agreement
CITY MANAGER: ` �—
' AGENDA ITEM#6A
FEBRUARY 23, 2004
RESOLUTION
No: 04-04
' A RESOLUTION OF THE CITY
OF ATLANTIC BEACH, FLORIDA
ESTABLISHING A DEFERRED
RETIREMENT OPTION PROGRAM (DROP)
WHEREAS, the City of Atlantic Beach has employees rendering valuable services; and
' WHEREAS, the establishment of a DROP plan benefits employees by providing funds for
retirement and funds for their beneficiaries in the event of death; and
' WHEREAS, the City of Atlantic Beach desires that it's DROP plan be administered by the
ICMA Retirement Corporation and that the funds held by such plan be invested in the Vantage
' Trust Company, a trust established by public employers for the collective investment of funds
held under their retirement and deferred compensation plans:
NOW THEREFORE BE IT RESOLVED that the City of Atlantic Beach hereby establishes or
has established a DROP plan (the "Plan") in the form of the Plan and Trust provided by the City
of Atlantic Beach (executed copy attached hereto).
The Plan shall be maintained for the exclusive benefit of eligible employees and their
beneficiaries; and
BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby executes the
Declaration of Trust of the Vantage Trust Company, and attached hereto, intending this
execution to be operative with respect to any retirement or deferred compensation plan
subsequently established by the City of Atlantic Beach, if the assets of the plan are to be invested
in the Vantage Trust Company.
BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby agrees to serve as
trustee under the Plan and to invest funds held under the Plan in the Vantage Trust Company;
and
BE IT FURTHER that the Human Resource Manager shall be the coordinator for the Plan; shall
receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust
Company; shall cast, on behalf of the City of Atlantic Beach, any required votes under the
Vantage Trust Company; may delegate any administrative duties relating to the Plan to
appropriate departments; and
' AGENDA ITEM#6A
FEBRUARY 23,2004
' Resolution No. 04-04
Page 2
1
t BE IT FURTHER RESOLVED that the City of Atlantic Beach hereby authorizes the City
Manager to execute all necessary agreements with the ICMA Retirement Corporation incidental
to the administration of the Plan.
' ADOPTED by the City Commission of Atlantic Beach this day of February 2004.
ATTEST:
1
John Meserve
Mayor
, Clerk of the City of Atlantic Beach, do hereby certify that the
foregoing resolution proposed by the Human Resource Manager of the City of Atlantic Beach,
was duly passed and adopted by the City Commission of the City of Atlantic Beach at a regular
meeting thereof assembled this day of February, 2004, by the following vote:
' AYES:
NAYS:
111ABSENT:
' Maureen King
Clerk of the City of Atlantic Beach
Approved as to form and correctness:
r
' Alan C. Jenson, Esquire
City Attorney
1
AGENDA ITEM#6A
FEBRUARY 23,2004
r
r
ADMINISTRATIVE SERVICES AGREEMENT
I
1
Type: 401
Account Number: 9494
I
AGENDA ITEM#6A
FEBRUARY 23,2004
Plan # 9494
C
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of the day , 2004 (herein herein referred to as
the "Inception Date"), between The International City Management Association Retirement
Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the
State of Delaware; and the City of Atlantic Beach ("Employer") a City organized and
existing under the laws of the State of Florida with an office at 800 Seminole Road,Atlantic
Beach, Florida 32233.
RECITALS
Employer acts as a public plan sponsor for a retirement plan ("Plan")with responsibility to
obtain investment alternatives and services for employees participating in that Plan;
The VantageTrust (the "Trust") is a common law trust governed by an elected Board of
Trustees for the commingled investment of retirement funds held by state and local
governmental units for their employees;
RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series
of separate funds (the "Funds") for the investment of plan assets as referenced in the
Trust's principal disclosure document, "Making Sound Investment Decisions:A Retirement
Investment Guide." The Funds are available only to public employers and only through
the Trust and RC.
In addition to serving as investment adviser to the Trust, RC provides a complete.offering .
of services to public employers for the operation of employee retirement plans including, ,.
but not limited to, communications concerning investment alternatives, account
maintenance, account record-keeping, investment and tax reporting, form processing,
benefit disbursement and asset management.
AGREEMENTS
1. Appointment of RC
Employer hereby designates RC as Administrator of the Plan to perform all non-
discretionary functions necessary for the administration of the Plan with respect to assets
in the Plan deposited with the Trust. The functions to be performed by RC include:
(a) allocation in accordance with participant direction of individual accounts to
investment Funds offered by the Trust;
'
(b) maintenance of individual accounts for participants reflecting amounts deferred,
' income, gain, or loss credited, and amounts disbursed as benefits;
(c) provision of periodic reports to the Employer and participants of the status of Plan
investments and individual accounts;
- 2 -
AGENDA ITEM#6A
FEBRUARY 23,2004
Plan # 9494
1
(d) communication to participants of information regarding their rights and elections
under the Plan; and
(e) disbursement of benefits as agent for the Employer in accordance with terms of the
Plan.
2. Adoption of Trust
Employer has adopted the Declaration of Trust of VantageTrust and agrees to the
commingled investment of assets of the Plan within the Trust. Employer agrees that
operation of the Plan and investment, management and disbursement of amounts
deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended
from time to time and shall also be subject to terms and conditions set forth in disclosure
documents (such as the Retirement Investment Guide or Employer Bulletins) as those
terms and conditions may be adjusted from time to time. It is understood that the term
"Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative
Services Agreement.
1 3. Employer Duty to Furnish Information
Employer agrees to furnish to RC on a timely basis such information as is necessary for
' RC to carry out its responsibilities as Administrator of the Plan, including information
needed to allocate individual participant accounts to Funds in the Trust, and information as
1 to the employment status of participants, and participant ages, addresses and other
identifying information (including tax identification numbers). RC shall be entitled to rely
upon the accuracy of any information that is furnished to it by a responsible official of the
' Employer or any information relating to an individual participant or beneficiary that is
furnished by such participant or beneficiary, and RC shall not be responsible for any error
arising from its reliance on such information. RC will provide account information in
' reports, statements or accountings.
4. Certain Representations, Warranties, and Covenants
' RC represents and warrants to Employer that:
' (a) RC is a non-profit corporation with full power and authority to enter into this
Agreement and to perform its obligations under this Agreement. The ability of RC to
serve as investment adviser to the Trust is dependent upon the continued
' willingness of the Trust for RC to serve in that capacity.
(b) RC is an investment adviser registered as such with the Securities and Exchange
' Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC
Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker-dealer
with the Securities and Exchange Commission (SEC) and is a member in good
- 3 -
' AGENDA ITEM#6A
FEBRUARY 23,2004
Plan # 9494
standing of the National Association of Securities Dealers, Inc.
' RC covenants with employer that:
' (c) RC shall maintain and administer the Plan in compliance with the requirements
for plans which satisfy the qualification requirements of Section 401 of the
Internal Revenue Code; provided, however, RC shall not be responsible for the
1 qualified status of the Plan in the event that the Employer directs RC to
administer the Plan or disburse assets in a manner inconsistent with the
requirements of Section 401 or otherwise causes the Plan not to be carried out
in accordance with its terms; provided, further, that if the plan document used by
the Employer contains terms that differ from the terms of RC's standardized plan
document, RC shall not be responsible for the qualified status of the Plan to the
extent affected by the differing terms in the Employer's plan document.
Employer represents and warrants to RC that:
(d) Employer is organized in the form and manner recited in the opening paragraph of
this Agreement with full power and authority to enter into and perform its obligations
under this Agreement and to act for the Plan and participants in the manner
contemplated in this Agreement. Execution, delivery, and performance of this
Agreement will not conflict with any law, rule, regulation or contract by which the • .
Employer is bound or to which it is a party.
•
•
5. • Participation in Certain Proceedings •
The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join the •
Employer as a necessary party in all legal proceedings involving the garnishment of
benefits or the transfer of benefits pursuant to the divorce or separation of participants in
the Employer Plan. Unless Employer notifies RC otherwise, Employer consents to the
disbursement by RC of benefits that have been garnished or transferred to a former
spouse, spouse or child pursuant to a domestic relations order.
6. Compensation and Payment
(a) Plan Administration Fee. The amount to be paid for plan administration services
under this Agreement shall be 0.55% per annum of the amount of Plan assets
invested in the Trust. Such fee shall be computed based on average daily net Plan
assets in the Trust.
(b) Account Maintenance Fee. There shall be an annual account maintenance fee of
$25.00. The account maintenance fee is payable in full on January 1st of each year
on each account in existence on that date. For accounts established AFTER
January 1st, the fee is payable on the first day of the calendar quarter following
establishment and is prorated by reference to the number of calendar quarters
- 4 -
AGENDA ITEM#6A
FEBRUARY 23,2004
Plan # 9494
remaining on the day of payment. See Appendix A for EZLink terms and conditions.
' (c) Compensation for Management Services to the Trust and Advisory and other
Services to the Vantagepoint Funds. Employer acknowledges that in addition to
famounts payable under this Agreement, RC receives fees from the Trust for
investment management services furnished to the Trust. Employer further
acknowledges that certain wholly-owned subsidiaries of RC receive compensation
for advisory and other services furnished to the Vantagepoint Funds,which serve as
the underlying portfolios of a number of Funds offered through the Trust. The fees
referred to in this subsection are disclosed in the Retirement Investment Guide.
These fees are not assessed against assets invested in the Trust's Mutual Fund
Series.
(d) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against
average daily net Plan assets invested in the Trust's Mutual Fund Series.
(e) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid
out of the Plan assets held by the Trust and shall be paid by the Trust. The amount
of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect
such payments.
7. Custody
Employer understands that amounts invested in the Trust are to be remitted directly to the •
Trust in accordance with instructions provided to Employer by RC and are not to be
remitted to RC. In the event that any check or wire transfer is incorrectly labeled or
transferred to RC, RC will return it to Employer with proper instructions.
8. Responsibility
RC shall not be responsible for any acts or omissions of any person other than RC in
connection with the administration or operation of the Plan.
9. Term
This Agreement may be terminated without penalty by either party on sixty days advance
notice in writing to the other.
10. Amendments and Adjustments
' (a) This Agreement may not be amended except by written instrument signed by the
parties.
' (b) The parties agree that an adjustment to compensation or administrative and
operational services under this Agreement may only be implemented by RC through
' - 5 -
AGENDA ITEM 116A
FEBRUARY 23,2004
Plan # 9494
I
a proposal to the Employer via correspondence or the Employer Bulletin. The
Employer will be given at least 60 days to review the proposal before the effective
date of the adjustment. Such adjustment shall become effective unless, within the
60 day period before the effective date, the Employer notifies RC in writing that it
does not accept such adjustment, in which event the parties will negotiate with
respect to the adjustment.
(c) No failure to exercise and no delay in exercising any right, remedy, power or
privilege hereunder shall operate as a waiver of such right, remedy, power or
privilege.
11. Notices
All notices required to be delivered under Section 10 of this Agreement shall be delivered
personally or by registered or certified mail, postage prepaid, return receipt requested, to(i)
Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite
600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first
paragraph hereof, or to any other address designated by the party to receive the same by
written notice similarly given.
12. Complete Agreement
This Agreement shall constitute the sole agreement between RC and Employer relating to
- :the object of.this Agreement and correctly sets forth the complete rights, duties and
•
obligations of.each party to the other,.as of its date. Any prior agreements, promises,
negotiations or representations, verbal or otherwise, not expressly set forth in this
Agreement are of no force and effect.
13. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the
State of Florida, applicable to contracts made in that jurisdiction without reference to its
conflicts of laws provisions.
L
_ 6 -
L
AGENDA ITEM#6A
1 FEBRUARY 23,2004
Plan # 9494
1
In Witness Whereof, the parties hereto have executed this Agreement as of the Inception
Date first above written.
' CITY OF ATLANTIC BEACH
i
by: •
Signature/Date
Jim Hanson, City Manager
1
Name and Title (Please Print)
1
INTERNATIONAL CITY MANAGEMENT
1 ASSOCIATION RETIREMENT
CORPORATION
by:
Paul Gallagher
I . Corporate.Secretary
I • a
1
•
1
1
i
1
1
1
AGENDA ITEM#7A
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing, final reading, and adoption of Ordinance 5-04-43
deleting the Holiday schedule from the City's Code of Ordiance
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 17, 2004
BACKGROUND: On February 9, 2004, the City Commission conducted a first
reading of proposed Ordinance 5-04-43 which deletes Chapter 2,
Article VI, Sec. 2-226, Holiday schedule from the City's Code of
Ordinance.
All changes to the holiday schedule must be approved by the City
Commission are then included within the City's Personnel Manual
and, after negotiations with the City's three unions, included within
each of the union contracts.
To retain the holiday listing within the City Code duplicates the
is above information and requires an ordinance to be prepared and
processed to the Commission.
RECOMMENDATION: Conduct public hearing, final reading, and adopt Ordinance 5-04-
43.
BUDGET: This is an administrative action that duplicates decisions already
made by the Commission and does not require funding.
ATTACHMENTS: Proposed Ordinance 5-04-43
CITY MANAGER:
I AGENDA ITEM#7A
FEBRUARY 23,2004
IORDINANCE NO 5-04-43
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, ARTICLE VI, EMPLOYEE
CBENEFITS, DIVISION 1, GENERALLY, TO DELETE
SECTION 2-226, HOLIDAY SCHEDULE, PROVIDING
FOR CODIFICATION, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida maintains a employee benefits plan which
Iincludes holidays, and
WHEREAS, the City of Atlantic Beach Florida desires to provide all employees with benefits,
I and,
I WHEREAS, the City of Atlantic Beach, Florida maintains a Personnel Manual and Union
contracts that cover holidays provided to City employees, and
I WHEREAS, the City Commission has approved the change of the Employee's Birthday from a
"floating" holiday to Personal Leave, and
I WHEREAS, holidays are included within the City's Personnel Manual and, after negotiations,
included within the City's three union contracts.
II NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
•
C Chapter 2, Article VI, Employee Benefits, Division 1, Generally, Section 2-226. Holiday
Schedule is hereby deleted:
1 DIVISION 1. GENERALLY
Sec. 2 226. Holiday schedule.
I _ _ . •-_ --_ . - _ : : . ' .. .. . . . . :. . . . ' - :, .. . . .. _ .
I January 1 New Years Day
Third Monday in January Martin Luther King, Jr. Day
Third Monday in February President's Day observed
I Last Monday in May Memorial Day
ly-4 ay
First Monday in September Labor Day
I Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 21 Christmas Eve
C December 25 Christmas Day
Date applicable Employee's Birthday
1
AGENDA ITEM #7A
FEBRUARY 23,2004
Ordinance 5-04-43
Page 2
I
PASSED by the City Commission on first reading this day of 2004.
' PASSED by the City Commission on second and final reading this day of
2004.
ATTEST:
I
Maureen King, City Clerk John Meserve, Mayor
Approved as to form and correctness:
1
Alan Jensen, City Attorney
1
LEGEND: Underlining is new language
Strikethrough is old language
I
1
I
I
1 2
AGENDA ITEM #7B
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing on Ordinance 58-04-29 amending the City's Code
of Ordinances, Article VI, Division 3, General Employee
Retirement System and Division 4, Police Officer Retirement
System
SUBMITTED BY: George Foster, Human Resource Manager
DATE: February 17, 2004
BACKGROUND: On February 9, 2004, the City Commission conducted a first
reading of proposed Ordinance 58-04-29 which adds a Deferred
Retirement Option Plan (DROP), implements State mandated
Section 185 Police pension changes, changes funding for
administrative expenses of the pension plans, and makes other
administrative changes and updates to the City's pension plans.
Since this reading, changes to Ordinance 58-04-29,Section 2-
281(b), General Employees, page 10, and Section 2-310.11(6)(a),
Police Officers, page 30, have been made to clarify the intent of the
DROP for City employees
COST IMPACT STATEMENT REQUIREMENT:
The actuarial cost impact statement as required by the State of
Florida for these changes and has not yet been received by the City.
RECOMMENDATION: Conduct public hearing and delay adoption of Ordinance 58-04-29
until after receipt of required actuarial impact statement.
ATTACHMENT: Proposed Ordinance 58-04-29 with above clarifications
CITY MANAGER:
AGENDA ITEM#7B
FEBRUARY 23,2004
ORDINANCE NO. 58-04-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE
RETIREMENT SYSTEM AND DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE A DEFERRED
RETIREMENT OPTION PROGRAM FOR PARTICIPANTS;
CHANGE PAYMENT OF PENSION BOARD EXPENSES; AND
AMENDING CHAPTER 2, ADMININSTRATION, ARTICLE VI,
DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO
PROVIDE ADJUSTMENTS FOR NORMAL RETIREMENT
BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL
FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY
RETIREMENT BENEFITS;• PROVIDING ADJUSTMENTS FOR
DEFERRED RETIREMENT BENEFITS; PROVIDING FOR
DEATH BENEFITS; PROVIDING FOR CHANGE TO PAYMENT
OF PENSION BOARD EXPENSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida has an interest in the future retirement of its
employees and wishes to improve the retirement systems whenever feasible; and
WHEREAS, the City of Atlantic Beach,Florida recognizes the advantage of implementing a
Deferred Retirement Option Program within its retirement systems, and
. WHEREAS,the City of Atlantic Beach,Florida in order to attain compliance with Chapter 185
of the Florida Statutes;and
WHEREAS, the City Council has received and reviewed an actuarial impact statement related to
• this change; and
WHEREAS,the City of Atlantic Beach,Florida hereby amends its retirement systems to provide
such a benefit as follows by indicated deletions,stfiketeeg, and additions, underlines;
NOW THEREFORE,BE IT ENACTED BY THE CITY COMIVIISSION OF THE CITY
OF ATLANTIC BEACH,FLORIDA,AS FOLLOWS:
•
1
AGENDA ITEM#7B
FEBRUARY 23,2001
§ 2-261 ATLANTIC BEACH CODE
DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM I
Sec. 2-261. Created, purpose.
The city employees' retirement system is hereby created and established for the purpose of providing
pensions and death benefits for the employees of the city and their dependents.The effective date of the
retirement system is December 22, 1975.
(Ord. No. 58-75-4, § 1, 12-22-75)
Sec. 2-262. Definitions. i
The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than
the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five(5) years in the case of disability.
Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension
or other benefit by the retirement system for a reason other than the person's membership in the retirement
system. i
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and '
instrumentalities.
City employee shall mean any person in the employ of the city, other than police officers and firefighters. I
Compensation shall mean the salary or wages paid a member for personal service rendered the city.
Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness. Compensation shall
not include redemptions or payments in consideration of unused vacation time or sick leave, the value of
any fringe benefit, uniform allowances, equipment allowances,reimbursement of expenses, or any other
item not specifically included.
Credited service shall mean the service credited a member as provided in this division.
Final average compensation shall mean one/sixtieth(1/60th) of the aggregate amount of compensation
paid a member during the period of sixty(60) consecutive months of the member's credited service in
which the aggregate amount of compensation paid is greatest.The sixty(60) consecutive months of
credited service must be contained within the member's last one hundred twenty(120)months of credited
service. If a member has less than sixty(60) consecutive months of credited service, final average
compensation means the aggregate amount of compensation paid the member divided by the member's '
months of credited service.
Member shall mean any person who is a member of the retirement system. ,
Pension shall mean a series of monthly payments by the retirement system throughout the future life of a
retirant or beneficiary, or for a temporary period, as provided in this division.
2 1
AGENDA ITEM#7B
FEBRUARY 23,2004
I
ORDINANCE NO. 58-04-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE
RETIREMENT SYSTEM AND DIVISION 4, POLICE OFFICER
RETIREMENT SYSTEM, TO PROVIDE A DEFERRED
1 RETIREMENT OPTION PROGRAM FOR PARTICIPANTS;
CHANGE PAYMENT OF PENSION BOARD EXPENSES; AND
AMENDING CHAPTER 2, ADMININSTRATION, ARTICLE VI,
DIVISION 4, POLICE OFFICER RETIREMENT SYSTEM, TO
PROVIDE ADJUSTMENTS FOR NORMAL RETIREMENT
BENEFITS; PROVIDING ADJUSTMENTS TO OPTIONAL
FORMS OF PENSION PAYMENT; PROVIDING FOR EARLY
RETIREMENT BENEFITS; PROVIDING ADJUSTMENTS FOR
DEFERRED RETIREMENT BENEFITS; PROVIDING FOR
' DEATH BENEFITS; PROVIDING FOR CHANGE TO PAYMENT
OF PENSION BOARD EXPENSES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida has an interest in the future retirement of its
employees and wishes to improve the retirement systems whenever feasible; and
WHEREAS,the City of Atlantic Beach,Florida recognizes the advantage of implementing a
Deferred Retirement Option Program within its retirement systems,and
. WHEREAS,the City of Atlantic Beach,Florida in order to attain compliance with Chapter 185
of the Florida Statutes; and
WHEREAS,the City Council has received and reviewed an actuarial impact statement related to
this change; and
WHEREAS,the City of Atlantic Beach, Florida hereby amends its retirement systems to provide
such a benefit as follows by indicated deletions,stFikethr-eughc, and additions, underlines;
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH,FLORIDA,AS FOLLOWS:
1 1
AGENDA ITEM#7B
FEBRUARY 23,2004
Pension reserve shall mean the present value of all payments likely to be made on account of a pension.
The present value shall be computed on the basis of such mortality and other tables of experience and
regular annual compound interest as the actuary appointed by the board of trustees shall from time to time
determine.
Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board
of trustees shall from time to time adopt.
Retirai t shall mean any person who has satisfied the condition for receiving a benefit and is being paid a
pension by the retirement system on account of the person's membership in the retirement system.
Retirement shall mean an employee's separation from city employment as an employee with immediate
eligibility for receipt of benefits under the retirement system.
Retirement systems or system shall mean the city retirement system created and established by this
division.
Service shall mean personal service rendered to the city by a city employee.
Workers'compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child
pursuant to any workers' compensation or similar law.Redemptions or settlements of a workers'
compensation claim shall be considered workers'compensation benefits. Payments in consideration of
medical expenses shall bedisregarded in the determination of workers'compensation benefits.
(Ord. No. 58-75-4, § 2, 12-22-75; Ord.No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91;
Ord. No. 58-98-25, § 1, 11-23-98; Ord.No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 2-263. Benefit groups.
(a) - - - -_ . -- b .-. . -- - _ - -- -- --- - - _ --- - - • . - .- ----- -
•
•
•
•
- - ' • -- • • - - - -- - •-•- - - : - - - - -- • .- : Benefit group general is hereby
designated for the purpose of determining a retirement system member's applicable benefit eligibility
conditions and benefit amount and shall include all employees not included in another City pension plan.
(b) Benefit eligibility condition shall be based on the member's benefit group at the time of termination
of city employment. Benefit amounts shall be based on the amount of credited service acquired in eae-li
benefit group general.
(Ord.No. 58-75-4, § 3, 12-22-75; Ord.No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-264. Board of trustees—Responsibilities and duties generally.
The general administration, management, and responsibility for the proper operation of the retirement
system, for construing, interpreting, and making effective the provisions of this division, and for making
recommendations to the city commission on matters concerning this retirement system are vested in the
board of trustees.
(Ord. No. 58-75-4, § 4, 12-22-75; Ord.No. 58-98-25, § 2, 11-23-98)
Cross references: Boards and commissions generally, § 2-131 et seq.
Sec. 2-265. Same--Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended
by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board
3
AGENDA ITEM#7B
FEBRUARY 23,2001
shall keep or cause to be kept, in convenient form, such additional data as is required to properly report
the operations of the system.
(b) The board shall render a report to the city commission on or before the first day of ApFil October
of each year showing the fiscal transactions of the retirement system for the year ended the preceding
thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of ,
September, and a copy of the most recent actuarial report.
(Ord. No. 58-75-4, § 10, 12-22-75)
Sec. 2-266. Same--Composition. I
•
The board of trustees shall consist of five (5) trustees as follows:
(1) Two (2)residents of the city to be selected by the city commission and serve at the pleasure of the
city commission, who may also serve as trustees of the police officer retirement system created in
division 4 hereof;
(2) Two (2) members of the this retirement system who are employees of the city,but not police
officers or firefighters, to be elected by the members of the retirement system who are also similarly
situated employees of the city;
(3) One (1)resident of the city to be selected by the other four(4) members of the board of trustees, and
whose appointment shall be confirmed by a vote of the city commission.
The elections provided for in subsections (2) of this section shall be held in accordance with such rules as
the board of trustees shall from time to time adopt.
(Ord. No. 58-75-4, § 5, 12-22-75; Ord.No. 58-86-7, § 1, 1-12-87; Ord. No. 58-99-27, § 1, 11-8-99; Ord.
No. 58-99-26, § 1, 7-10-00) 1
Sec. 2-267. Same--Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be four(4)years for civilian '
members, and four(4)years for employee representatives, unless they terminate employment, whereupon
a new election will be held by the members of the plan to fill the unexpired term of their trustee
representatives, and ene-(-I)four(4)years for the trustee selected by a majority the other four(4)
members of the board. Each trustee shall,before assuming the duties of trustees, qualify by taking an oath
of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. ter,
(Ord. No. 58-75-4, § 6; 12-22-75; Ord.No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 3, 11-23-98; Ord.
No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-268. Same--Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any member shall resign or any employee
representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to
attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees
attending the meeting.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety(90) days
for the unexpired term, if applicable, in the same manner as the position was previously filled.
(Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 4, 11-23-98) 1
4
AGENDA ITEM#7B
FEBRUARY 23,2004
Pension reserve shall mean the present value of all payments likely to be made on account of a pension.
The present value shall be computed on the basis of such mortality and other tables of experience and
regular annual compound interest as the actuary appointed by the board of trustees shall from time to time
determine.
Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board
of trustees shall from time to time adopt.
' Redraw shall mean any person who has satisfied the condition for receiving a benefit and is being paid a
pension by the retirement system on account of the person's membership in the retirement system.
Retirement shall mean an employee's separation from cityemployment as an employee with immediate
eligibility for receipt of benefits under the retirement system.
Retirement systems or system shall mean the city retirement system created and established by this
division.
Service shall mean personal service rendered to the city by a city employee.
Workers'compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child
pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers'
compensation claim shall be considered workers'compensation benefits. Payments in consideration of
medical expenses shall bedisregarded in the determination of workers'compensation benefits.
(Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91;
Ord. No. 58-98-25, § 1, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 2-263. Benefit groups.
(a) .. .- ---- • -- - •_ - -- . -
' . .. •- - ---- _ - - • . . . Benefitgroup general is hereby- --
designated for the purpose of determining a retirement system member's applicable benefit eligibility
conditions and benefit amount and shall include all employees not included in another City pension plan.
(b) Benefit eligibility condition shall be based on the member's benefit group at the time of termination
of city employment. Benefit amounts shall be based on the amount of credited service acquired in eac-li
benefit group general.
(Ord. No. 58-75-4, § 3, 12-22-75; Ord.No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-264. Board of trustees--Responsibilities and duties generally.
The general administration, management, and responsibility for the proper operation of the retirement
system, for construing, interpreting, and making effective the provisions of this division, and for making
' recommendations to the city commission on matters concerning this retirement system are vested in the
board of trustees.
(Ord. No. 58-75-4, § 4, 12-22-75; Ord.No. 58-98-25, § 2, 11-23-98)
I I Cross references: Boards and commissions generally, § 2-131 et seq.
Sec. 2-265. Same--Actuarial data; report to city commission.
I (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended
by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board
1 3
AGENDA ITEM #7I3
FEBRUARY 23,2004
Sec. 2-269. Same--Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall
designate the time and place of each meeting. All meetings of the board shall be open to the public.
Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of
the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring
votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (I) vote on each
question before the board. Trustees shall serve without compensation for their services as trustees,but
shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and
in performing required duties as trustees.
(Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87)
Sec. 2-270. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
(1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tern from its
members.
(2) Secretary: The board shall annually elect a secretary from its members who shall sign the
minutes of each meeting and be the custodian of the retirement system's recorda.
(3) - • . . . -
be custodian of the assets of the retirement system except as to the assets as the board may from
(') Legal advisor: The board is empowered to employ independent legal counsel but is authorized to
utilize the services of the city attorney.
(44J Actuary: The board shall appoint an independent actuary who shall be the technical advisor to
the board regarding the operation of the retirement system on an actuarial basis, and who shall
perform such services as are required in connection therewith.The term actuary as used in this
division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the
Employee Retirement Income Security Act of 1974 and who is a member of the Society of
Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed
actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled
actuary and the enrolled actuary signs and is responsible for all final documents submitted by the
partnership or corporation.
(65) Administrative manager: The board may employ or contract for the services of an individual,
firm or corporation, to be known as the "administrative manager", who shall under the direction
of the board or any appropriate committee thereof, be ministerially responsible to:
a. Administer the office or offices of the retirement system and of the board;
b. Coordinate and administer the accounting, bookkeeping and clerical services;
c. Provide for the coordination of actuarial services furnished by the actuary;
d. Prepare (in cooperation or appropriate with the consulting actuary or other advisors)
reports and other documents to be prepared, filed or disseminated by or on behalf of the
retirement system in accordance with law;
5
AGENDA ITEM #7B
FEBRUARY 23,2004
e. Perform such other duties and furnish such other services as may be assigned, delegated
or directed or as may be contracted by or on behalf of the board.
111
( 6) Services: The board is authorized and empowered to employ such professional, medical,
technical or other advisors as are required for the proper administration of the retirement system.
These services shall be obtained and the compensation for these services shall be determined in
accordance with procedures established by the board.
(Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91; Ord.
No. 58-98-25, §§ 5--8, 11-23-98) '
Sec. 2-271. Membership.
(a) All persons who are city employees, and all persons who become city employees, shall be i
members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include: I
(1) Any city employee who is employed in a position normally requiring less than one thousand
(1,000) hours of work per annum; ,
(2) Any city managerial or professional employee who is employed pursuant to an individual
contract of employment which does not provide for the employee's participation in this retirement I
system;
(3) Elected officials of the city; I
(4) Positions which are compensated on a basis not subject to the withholding of federal income
taxes or FICA taxes by the city;
(5) Temporary employees;
(6) Any person initially employed as or promoted to a position designated by the city as i
executive or department head shall elect to participate or not participate in the retirement system.
Such election shall be irrevocable for as long as the employee holds such executive or department
head position. Should any such member elect to discontinue participation in the retirement111
system, the member's entitlement to benefits hereunder shall be governed by the system's
provisions in effect at the time of such discontinuance.
(c) An individual shall cease to be a member upon retirement, entry into DROP, termination of
employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand
(1,000) or more hours of work in a year, or upon becoming employed in an excluded position. • ,
(d) Effective June 1, 1999, all firefighter employees of the City of Atlantic Beach are hereby
consolidated into the City of Jacksonville Fire Department. On execution of this action, City of Atlantic
Beach firefighter employees became members of the City of Jacksonville Police and Fire Pension Fund
with full rights and benefits in accordance with Chapter 121, City of Jacksonville Ordinance Code, and
with other applicable law. Such consolidation is in accordance with Resolutions 95-944-256 and 98-1006
of the City of Jacksonville, which provide for an interlocal agreement between the cities of Jacksonville
and Atlantic Beach entered into by these cities effective on the 1st day of June 1999; and the City of
Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May, 1999 and approved on
the 1st day of June 1999.
(Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No.
58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
6 1
1 AGENDA ITEM #7B
FEBRUARY 23,2004
Sec. 2-269. Same--Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall
designate the time and place of each meeting. All meetings of the board shall be open to the public.
1 Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of
the meeting.The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring
votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each
question before the board.Trustees shall serve without compensation for their services as trustees,but
shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and
' in performing required duties as trustees.
(Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87)
Sec. 2-270. Officers and employed services.
The officers and employed services of the retirement system shall be as follows:
(1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tern from its
members.
(2) Secretary: The board shall annually elect a secretary from its members who shall sign the
minutes of each meeting and be the custodian of the retirement system's records.
(1) Legal advisor: The board is empowered to employ independent legal counsel but is authorized to
utilize the services of the city attorney.
I (64) Actuary: The board shall appoint an independent actuary who shall be the technical advisor to
the board regarding the operation of the retirement system on an actuarial basis, and who shall
perform such services as are required in connection therewith. The term actuary as used in this
' division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the
Employee Retirement Income Security Act of 1974 and who is a member of the Society of
Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed
actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled
actuary and the enrolled actuary signs and is responsible for all final documents submitted by the
partnership or corporation.
(65) Administrative manager: The board may employ or contract for the services of an individual,
firm or corporation, to be known as the "administrative manager", who shall under the direction
of the board or any appropriate committee thereof,be ministerially responsible to:
a. Administer the office or offices of the retirement system and of the board;
b. Coordinate and administer the accounting,bookkeeping and clerical services;
c. Provide for the coordination of actuarial services furnished by the actuary;
d. Prepare (in cooperation or appropriate with the consulting actuary or other advisors)
reports and other documents to be prepared, filed or disseminated by or on behalf of the
retirement system in accordance with law;
5
AGENDA ITEM #7B
FEBRUARY 23,2004
Sec. 2-272. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's individual
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one
(1) year of credited service be credited on account of all service rendered by a member in any one period
of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-twelfth of a year.
Service shall be credited for the total number of years, and fractional parts of years, of service of the
member.
(Ord. No. 58-75-4, § 12, 12-22-75; Ord.No. 58-91-15, § 1, 4-22-91; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-273. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the member
terminates city employment with less than five (5) years of credited service.
Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
Sec. 2-274. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
employment by the city and membership in the retirement system occurs within five (5) years from and
after the date of separation from city employment that caused the forfeiture, provided that the member
repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest
at the actuarially assumed rate in accordance with terms established by the board of trustees.
(Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98)
Sec. 2-275. Military service credit.
(a) A member of the retirement system who leaves or left city employment voluntarily or non-
voluntarily to enter any armed service of the United States during time of war, period of compulsory
military service, or period of national emergency recognized by the city commission shall have required
periods of active duty credited as city service subject to the following conditions:
(1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act(USERRA) after the date of termination of such
active duty;.
(2) In no case shall more than the years of service provided for in USERRA be credited on
account of all military service.
(3) Notwithstanding any provision of this article to the contrary, contributions,benefits, and
service credit with respect to qualified military service will be provided in accordance with
USERRA and Section 414(u) of the Internal Revenue Code. •
(b) The board of trustees shall determine the amount of service to be credited a member under the
provisions of this section and USERRA.
(c) Employment after retirement:
(1) Any person who has retired as a member of this retirement system may be reemployed by
7
AGENDA ITEM#7B
FEBRUARY 23,2001
(2) Any person whe has retired as a member of this retirement system and is subsequently
(Ord. No. 58-75-4, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98; Ord.No. 58-99-26, § 1, 7-
10-00)
Sec. 2-276. Voluntary retirement conditions; employment after retirement. '
(a) A member of the retirement system may retire upon satisfaction of each of the following
requirements: I
(1) The member files written application for retirement with the board of trustees setting
forth the date retirement is to be effective;
(2) The member terminates all of his/her city employment normally requiring one thousand
(1,000) hours of work or more per annum on or before the date retirement is to be effective;
(3) The member has met the age and service requirements for retirement specified in
subsection (b).
Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-281 or section 2-282.
(b) The age and service requirements for voluntary retirement are: . •• ' - :! . . .
(1) Normal retirement: the member has attained age sixty(60) years or older,and has five !,
(5)or more years of credited service in force.
(2) Early retirement: the member has attained age fifty-five (55)years or older, and has five
(5) or more years of credited service in force.
(c) Employment after retirement:
(1) Any person who has retired as a member of this retirement system may be reemployed by
the city in a position normally requiring less than one thousand(1,000) hours of work per annum ,
or in a position not covered by this pension plan and receive retirement benefits from his/her
previous employment and compensation from his/her reemployment.
(2) Any person who has retired as a member of this retirement system and is subsequently
reemployed by the city in any position normally requiring one thousand(1,000)hours or more of
work per annum or in a position covered by this pension plan shall have his/her pension benefit
suspended during the period of such reemployment and shall receive additional credited service
from his/her reemployment.
(Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91;
Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98; Ord.No. 58-99-27, § 1, 11-
8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-277. Reserved:Normal retirement date and payment date. I
(a) The normal retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
8
AGENDA ITEM #7B
tol FEBRUARY 23,2004
Sec. 2-272. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's individual
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one
(1)year of credited service be credited on account of all service rendered by a member in any one period
of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-twelfth of a year.
I Service shall be credited for the total number of years, and fractional parts of years, of service of the
member.
(Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1,4-22-91; Ord. No. 58-99-26, § 1, 7-10-00)
111 Sec. 2-273. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the member
Iterminates city employment with less than five (5) years of credited service.
Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87)
I
Sec. 2-274. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
' employment by the city and membership in the retirement system occurs within five (5)years from and
after the date of separation from city employment that caused the forfeiture, provided that the member
repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest
I at the actuarially assumed rate in accordance with terms established by the board of trustees.
(Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98)
Sec. 2-275. Military service credit.
(a) A member of the retirement system who leaves or left cityemployment voluntarily
or non-
voluntarily to enter any armed service of the United States during time of war, period of compulsory
I military service, or period of national emergency recognized by the city commission shall have required
periods of active duty credited as city service subject to the following conditions:
0 1 (1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act(USERRA) after the date of termination of such
active duty;_
1 (2) In no case shall more than the years of service provided for in USERRA be credited on
account of all military service.
I (3) Notwithstanding any provision of this article to the contrary, contributions,benefits, and
service credit with respect to qualified military service will be provided in accordance with
USERRA and Section 414(u) of the Internal Revenue Code.
I
(b) The board of trustees shall determine the amount of service to be credited a member under the
provisions of this section and USERRA.
I
(e) Employment after retirement:
1 (1) Any person who has retired as a member of this retirement system may be reemployed by
- . - - • •- - - - - - - - - •: plan and r eceive r etirement benefits from h is/her
1
1 7
AGENDA ITEM #7B
FEBRUARY 23,200.1
Lb,)) The early retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
(c) The monthly retirement income payable in the event of normal or early retirement shall be
payable on the first day of each month.
(Ord. No. 58-99-26, § 2, 7-10-00)
Editor's note: Ord. No. 58-98-25, § 14, adopted Nov. 23, 1998, repealed § 2-277 which pertained to
compulsory separation from employment; extensions; retirement, and derived from Ord. No. 58-75-4, §
17, adopted Dec. 22, 1975 and Ord. No. 58-87-10, § 1, adopted Nov. 23, 1987.
Sec. 2-278. Deferred retirement upon separation from employment (vesting).
(a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-276 for a reason other than retirement or death,
who has not received a refund of his or her member contributions, and who has the applicable period of'
credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276.
Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a
pension computed according to the applicable subsections of section 2-281 or section 2-282 as the
subsections were in force at the time a member left city employment.
(b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is five (5) years.
(Ord.No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98;
Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-279. Disability retirement--General conditions for eligibility.
(a) A member having five (5) or more continuous years of credited service and having contributed to
the retirement system for five (5) years or more may retire from the service of the city if he/she becomes
totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set
out in subsection (c). Such retirement shall herein be referred to as "disability retirement."
(b) A member will be considered disabled if, in the opinion of the board of trustees, the member is
totally and permanently prevented from rendering useful and efficient service as a city employee.
(c) A member will not be entitled to receive any disability retirement income if disability is as a
result of:
(1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating in
fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(d) No member shall be permitted to retire under the provisions of this section until he/she is
examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that
purpose, and is found to be disabled in the degree and in the manner specified in this section. Any
member retiring under this section may be examined periodically by a duly qualified physician or surgeon
or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine
9
AGENDA ITEM#7B
FEBRUARY 23,2004 3
if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's
disability pension shall be suspended until such time as the member submits to the examination.
(e) The benefits payable to a member who retires from the service of the city with a total and
permanent disability as a direct result of a disability commencing prior to his normal retirement date is the
monthly income computed according to the applicable subsections of section 2-281 or section 2-282. 1
(t) The monthly retirement income as computed in section 2-281 or section 2-282 to which a
member is entitled in the event of his disability retirement shall be payable monthly after the board of
trustees determine such entitlement retroactive to the date of application or the last day on payroll,
whichever is later. If the member recovers from the disability prior to his normal retirement date, the last
payment will be the payment due next preceding the date of such recovery. If the member dies without
recovering from his disability or attains his normal retirement date while still disabled, the last payment
will be the payment due next preceding his death.
(g) If the board of trustees finds that a member who is receiving a disability retirement income is, at
any time prior to his normal retirement date,no longer disabled, as provided herein, the board of trustees
shall direct that the disability retirement income be discontinued. Recovery from disability as used herein
means the ability of the member to render useful and efficient service as an employee of the city. '
(h) If the member recovers from disability and reenters the service of the city as an employee, his
service will be deemed to have been continuous,but the period beginning with the first month for which '
he received disability retirement income payment and ending with the date he reentered the city service
will not be considered as credited service for the purpose of the system.
(Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88;
Ord. No. 58-93-19A, § 1, 10-25-93; Ord.No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96;
Ord.No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-280. Same--Continuation subject to re-examination; return to employment.
(a) The board of trustees may require a disability retirant to undergo a periodic medical examination
if the disability retirant has not attained age sixty(60) years.
(b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the
disability pension may be suspended by the board of trustees until . . . . -- - . . the retirant
submits to the examination. - .. - - . . - . - •
c • A disabilityretirant who has been restored
( ) to employment with the city as provided in subsection
(a)shall again become a member of the retirement system.
(Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99;
Ord.No. 58-99-26, § 1, 7-10-00)
Sec. 2-281. Amount of level straight life pension. I
(a) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be
equal to the retiring member's benefit group general credited service multiplied by the sum of two and
eighty-five hundredths (2.85)percent of the retiring member's final average compensation.
02) Early retirement benefit. The amount of an early retirement benefit shall be calculated as
provided in subsection 2-281.(a) above taking into account credited service to the date of actual
retirement and final monthly compensation as of such date. Such amount of retirement income shall be
actuarially reduced to take into account the participant's younger age and earlier commencement of
retirement income payments. '
10 '
I AGENDA ITEM#7B
FEBRUARY 23,2004
I (b) The early retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
I (c) The monthly retirement income payable in the event of normal or early retirement shall be
payable on the first day of each month.
g (Ord. No. 58-99-26, § 2, 7-10-00)
Editor's note: Ord. No. 58-98-25, § 14, adopted Nov. 23, 1998, repealed § 2-277 which pertained to
compulsory separation from employment; extensions; retirement, and derived from Ord. No. 58-75-4, §
17, adopted Dec. 22, 1975 and Ord. No. 58-87-10, § 1, adopted Nov. 23, 1987.
I
Sec. 2-278. Deferred retirement upon separation from employment (vesting).
I (a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-276 for a reason other than retirement or death,
who has not received a refund of his or her member contributions, and who has the applicable period of
I credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276.
Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a
I pension computed according to the applicable subsections of section 2-281 or section 2-282 as the
subsections were in force at the time a member left city employment.
I (b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is five (5) years.
(Ord.No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98;
Ord.No. 58-99-27, § 1, 11-8-99; Ord.No. 58-99-26, § 1, 7-10-00)
I
Sec. 2-279. Disability retirement--General conditions for eligibility.
I (a) A member having five (5) or more continuous years of credited service and having contributed to
the retirement system for five (5)years or more may retire from the service of the city if he/she becomes
totally and permanently disabled as defined in subsection (b)by reason of any cause other than a cause set
' out in subsection (c). Such retirement shall herein be referred to as "disability retirement."
(b) A member will be considered disabled if, in the opinion of the board of trustees, the member is
Itotally and permanently prevented from rendering useful and efficient service as a city employee.
(c) A member will not be entitled to receive any disability retirement income if disability is as a
Iresult of:
(1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
1 (2) Injury or disease sustained by the employee while willfully and illegally participating in
fights,riots, or civil insurrections or while committing a crime;
1 (3) Injury or disease sustained by the employee while serving in any armed forces; or
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(d) No member shall be permitted to retire under the provisions of this section until he/she is
examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that
L purpose, and is found to be disabled in the degree and in the manner specified in this section. Any
member retiring under this section may be examined periodically by a duly qualified physician or surgeon
or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine
9
AGENDA ITEM#7B
FEBRUARY 23,2004
(bc) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3)percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
prior to January 1, 2001, shall receive a one-time cost-of-living adjustment, which shall be in an amount
equal to five(5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
(Ord.No. 58-75-4, § 21, 12-22-75; Ord.No. 58-87-8, § 1, 10-26-87; Ord.No. 58-92-18, § 1, 9-28-92;
Ord.No. 58-93-19A, § 1, 10-25-93; Ord.No. 58-97-23, § 1, 7-14-97; Ord.No. 58-99-27, § 1, 11-8-99;
Ord. No. 58-99-26, § 1, 7-10-00; Ord.No. 58-01-28, § 1, 10-8-01)
Sec.2-282. Optional forms of pension payment.
A member of the retirement system may elect to be paid under one(1) of the following optional forms of
payment in lieu of the level straight life form of payment.The election must be made in writing and filed
with the board of trustees prior to the date retirement is effective. Payment will be made under the level
straight life form of payment if a timely election of an optional form of payment is not made.The amount '
of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under
the level straight life form of payment.In no event may a member's annual benefit exceed the lesser of:
(1) Option A; one hundred(100)percent survivor pension: Under Option A, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be
continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by
written designation duly executed and filed with the board of trustees at the time of election of the
optional form of payment.
(2) Option B; fifty(50)percent survivor pension: Under Option B, a retirant shall be paid a reduced
pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be —
continued throughout the future lifetime of and paid to such person - _ • - . : - . - - -
retirant's life,as the retirant shall have nominated by written designation duly executed and filed with the
board of trustees at the time of election of the optional form of payment.
(3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an
increased pension to attainment of the age when the retirant is eligible to receive regular social security
retirement benefits, and a reduced pension thereafter.The increased pension paid to attainment of regular
social security retirement age shall approximate the sum of the reduced pension payable thereafter plus
the retirant's estimated social security primary insurance amount.
(4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and
approved, in their sole discretion,by the board of trustees.
(Ord.No. 58-75-4, § 22, 12-22-75; Ord.No. 58-98-25, § 18, 11-23-98)
(5) A Deferred Retirement Option Program (DROP),shall be established and administered by
the Board of Trustees of the City of Atlantic Beach General Employees' Retirement System. Such
DROP shall be a self-directed program. A General Employee may enter the DROP as set forth
herein.
(a) Eligibility.
A participant of the City of Atlantic Beach General Employees' Retirement System may enter into
the DROP on the first day of the month following the attainment of age fifty-five(55) and five(5)
years of service with the City of Atlantic Beach. However, a participant entering the DROP prior
to attaining age sixty(60)shall have their benefit actuarially reduced for each year under the age of
sixty(60).
11
AGENDA ITEM#7B
FEBRUARY 23,2004 '
Participants who attained eligibility prior to the enactment of the DROP shall be afforded the
option of participating immediately.
021 Written election.
A participant electing to participate in the DROP must complete and execute the proper forms, I
which shall be supplied by the Board of Trustees. Election into the DROP is irrevocable once a
participant enters the DROP.
Limitation/disqualification for other benefits.
A participant may participate in the DROP only once. After commencement of participation in the
DROP the employee shall no longer earn or accrue additional vesting credits toward retirement
benefits and shall not be eligible for disability or pre-retirement death benefits in the City of
Atlantic Beach General Employees' Retirement System.
(d) Cessation or reduction of contributions
Upon the effective date of a participant's commencement of participation in the DROP, all '
contributions on behalf of the participant to the City of Atlantic Beach General Employees'
Retirement System shall be discontinued.
(e) Benefit calculation
For all City of Atlantic Beach General Employees' Retirement System purposes, the service and
vesting credits of a participant participating in the DROP shall remain as they existed on the
effective date of commencement of participation in the DROP. The participant shall not earn or be
credited with any additional vesting credits after beginning DROP participation. Service thereafter
shall not be recognized by the City of Atlantic Beach General Employees' Retirement System or
used for the calculation or determination of any benefits payable by such Retirement System.
The average final compensation of the participant shall remain as it existed on the effective date of
commencement of participation in the DROP. Payment for unused Compensatory Time shall be
made when the participant enters the DROP and shall be utilized in determining the final average
compensation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the
participant actually terminates employment with the City.
Earnings thereafter shall not be recognized by the Retirement System or used for the calculation or
determination of any benefits payable by the Retirement System.
(f) Payments to DROP account. I
The monthly retirement benefits, including any future cost of living increases, that would have been
payable had the participant elected to cease employment and receive a normal retirement benefit
shall be deposited into the participant's DROP account.
f g) Drop account earnings.
Earnings of each DROP account shall be in accordance with the self-directed options selected by
the participant and shall continue for up to sixty (60) months at which time all deposits into the
account shall cease. Neither the City, the Retirement System, nor the system's Board of Trustees
shall have any responsibility or liability for any of the self-directed options selected by the
participant.
(h) Maximum participation.
12
1 AGENDA ITEM#7B
FEBRUARY 23,2004
(bc) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3)percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
prior to January 1, 2001, shall receive a one-time cost-of-living adjustment,which shall be in an amount
equal to five(5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
1 (Ord.No. 58-75-4, § 21, 12-22-75; Ord.No. 58-87-8, § 1, 10-26-87; Ord.No. 58-92-18, § 1, 9-28-92;
Ord.No. 58-93-19A, § 1, 10-25-93; Ord.No. 58-97-23, § 1, 7-14-97; Ord.No. 58-99-27, § 1, 11-8-99;
Ord.No. 58-99-26, § 1, 7-10-00; Ord.No. 58-01-28, § 1, 10-8-01)
Sec.2-282. Optional forms of pension payment.
A member of the retirement system may elect to be paid under one(1)of the following optional forms of
payment in lieu of the level straight life form of payment.The election must be made in writing and filed
with the board of trustees prior to the date retirement is effective. Payment will be made under the level
straight life form of payment if a timely election of an optional form of payment is not made.The amount
of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under
the level straight life form of payment.In no event may a member's annual benefit exceed the lesser of:
(1) Option A; one hundred(100)percent survivor pension: Under Option A,a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be
continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by
' written designation duly executed and filed with the board of trustees at the time of election of the
optional form of payment.
(2) Option B; fifty(50)percent survivor pension: Under Option B, a retirant shall be paid a reduced
pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be
continued throughout the future lifetime of and paid to such person -: •-_ . - - -
retirant's life,as the retirant shall have nominated by written designation duly executed and filed with the
board of trustees at the time of election of the optional form of payment.
(3) Option C; social security coordinated pension:Under Option C, a retirant shall be paid an
' increased pension to attainment of the age when the retirant is eligible to receive regular social security
retirement benefits, and a reduced pension thereafter.The increased pension paid to attainment of regular
social security retirement age shall approximate the sum of the reduced pension payable thereafter plus
the retirant's estimated social security primary insurance amount.
(4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and
approved,in their sole discretion,by the board of trustees.
(Ord.No. 58-75-4, § 22, 12-22-75; Ord.No. 58-98-25, § 18, 11-23-98)
(5) A Deferred Retirement Option Program(DROP),shall be established and administered by
the Board of Trustees of the City of Atlantic Beach General Employees' Retirement System. Such
DROP shall be a self-directed program. A General Employee may enter the DROP as set forth
herein.
(a) Eligibility.
A participant of the City of Atlantic Beach General Employees' Retirement System may enter into
the DROP on the first day of the month following the attainment of age fifty-five(55) and five(5)
years of service with the City of Atlantic Beach. However, a participant entering the DROP prior
' to attaining age sixty (60)shall have their benefit actuarially reduced for each year under the age of
sixty(60).
11
AGENDA ITEM#7B
FEBRUARY 23,2004
A participant may participate in the DROP for a maximum of sixty (60) months. At the conclusion
of the sixty (60) months, deposit's into the participant's DROP account shall cease. The
participant may terminate DROP participation by terminating from covered city employment on a
date prior to sixty (60) months from the date the participant entered the DROP.
A participant that elects to participate in the DROP may participate for a maximum of sixty (60)
months. At the conclusion of the maximum time period, the participant's covered city employment
must terminate pursuant to the resignation submitted by the participant as part of the DROP
application. The participant may terminate DROP participation by advancing their resignation
from covered city employment to a date prior to that submitted by the participant as part of the
DROP application.
(i) Expenses.
All administrative fees charged for the administration and operation of the participant's DROP
account shall be in accordance with the self-directed options selected by the participant and shall be '
the responsibility of the participant.
(j) Payout.
(i) Upon the termination of a participant's covered City employment (for any reason, whether
by retirement, resignation, discharge or death),the retirement benefits payable to the
participant or to the participant's beneficiary(if the participant selected an optional form of
retirement benefit which provides for payments to the beneficiary) shall be paid to the
participant,the participant's beneficiary or the member's estate and shall no longer be
deposited into the participant's DROP account.
(ii) Within thirty days after the end of any calendar quarter following the termination of a
participant's employment,the balance in the participant's DROP account shall be payable in
accordance with the self-directed options selected by the participant.
Regardless of the option selected by the participant,the Board of Trustees has the right to
accelerate payments in order to comply with Section 401(A)(9)of the Internal Revenue Code
and the right to defer payments to comply with Section 415.of the Internal Revenue Code.
(k) Death.
If a DROP participant dies before the account balance is paid out in full,the participant's
designated beneficiary shall have the same rights as the participant to elect and receive the pay-out
options set forth in paragraph i above. DROP payments to a beneficiary shall be in addition to any
retirement benefits payable to the participant. Participants who are or have been DROP
participants are not eligible for pre-retirement death or disability benefits.
(1) Forms.
The forms and notices shall be approved for use in administering the DROP by the Board of
Trustees.
(m) Amendment.
The City Commission may amend the DROP at any time. Such amendments shall be consistent
with the provisions covering deferred retirement option plans and shall be binding upon all future
DROP participants and upon all DROP participant's who have balances in their accounts. Such
13
AGENDA ITEM#7B
FEBRUARY 23,20041
amendments may increase the expense, decrease the account earnings, or limit or restrict the
payout options.
Sec. 2-283. Death while in city employment; elective survivor pension.
(a) Each member may, on a form provided for that purpose, signed and filed with the board '
of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be
payable in the event of his/her death, and each designation may be revoked by such member by
signing and filing with the board of trustees a new designation of beneficiary form. ,
(b) Upon the death of a member who has a valid nomination-of-beneficiary in force, the
beneficiary, if living, shall be paid a level straight life pension computed according to section 2-
281 in the same manner in all respects as if the member had elected Option A provided in section
2-282 and retired the day preceding his/her death,notwithstanding that the member may not have
satisfied the conditions for retirement. Upon a member's retirement, entry into DROP,resignation
or termination as a city employee, eligibility for the death benefit payable under this section will
automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection(a) ,
above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the
member, the death benefit, if any, which may be payable under the plan with respect to such
deceased member, may be paid in the discretion of the board of trustees either to: (i)Any one (1)
or more of the persons comprising the group consisting of the member's spouse, the member's
descendants, the member's parents, or the member's heirs at law, and the board of trustees may
pay the entire benefit to any member of such group or portion such benefit among any two(2)or
more of them in such shares as the board of trustees, in its sole discretion, shall determine; or(ii)
The estate of such member, provided that in any of such cases the board of trustees, in its
discretion, may direct that the commuted value of the remaining monthly income payments be
paid in a lump sum. Any payment made to any person pursuant to the power and discretion
conferred upon the board of trustees by the preceding sentence shall operate as a complete
discharge of all obligations under the plan with regard to such deceased member and shall not be
subject to a review by anyone, but shall be final, binding and conclusive on all persons ever
interested hereunder.
(Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88;
Ord.No. 58-98-25, § 19, 11-23-98)
Sec. 2-284. Alternate death while in city employment; pension to spouse and/or children.
(a) The applicable benefits provided in subsections (b) and (c) of this section or, if the member
designated the member's spouse or children, as set forth below, the benefits provided in section 2-283,
whichever are greater,shall be paid if a member of the retirement system who has five (5) or more years '
of credited service and dies while in the employ of the city. The provisions of this section shall not apply
in the case of death of a member who has a valid designation of beneficiary, other than the member's
spouse or children as set forth below, in force pursuant to section 2-283. 1
(b) The person to whom the deceased member was married at the time of death shall be paid a
pension equal to a seventy-five (75)percent of the amount of level straight life pension computed
according to the applicable subsection of section 2-281, based on the deceased member's final average
compensation and credited service.
A surviving spouse's pension shall terminate upon death. I
(c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three
(23) years if enrolled full-time as a student in an educational institution shall each be paid an equal share
of a level straight life pension computed according to the applicable subsection of section 2-281,based on
14 1
AGENDA ITEM#7B
FEBRUARY 23,2004
A participant may participate in the DROP for a maximum of sixty(60) months. At the conclusion
of the sixty (60) months, deposit's into the participant's DROP account shall cease. The
participant may terminate DROP participation by terminating from covered city employment on a
date prior to sixty (60) months from the date the participant entered the DROP.
A participant that elects to participate in the DROP may participate for a maximum of sixty (60)
I months. At the conclusion of the maximum time period,the participant's covered city employment
must terminate pursuant to the resignation submitted by the participant as part of the DROP
application. The participant may terminate DROP participation by advancing their resignation
I from covered city employment to a date prior to that submitted by the participant as part of the
DROP application.
(i) Expenses.
I .
All administrative fees charged for the administration and operation of the participant's DROP
account shall be in accordance with the self-directed options selected by the participant and shall be
IIIthe responsibility of the participant.
(i) Payout.
I (i) Upon the termination of a participant's covered City employment(for any reason,whether
by retirement, resignation, discharge or death),the retirement benefits payable to the
111participant or to the participant's beneficiary(if the participant selected an optional form of
retirement benefit which provides for payments to the beneficiary)shall be paid to the
I participant,the participant's beneficiary or the member's estate and shall no longer be
Ideposited into the participant's DROP account.
(ii) Within thirty days after the end of any calendar quarter following the termination of a
participant's employment,the balance in the participant's DROP account shall be payable in
Iaccordance with the self-directed options selected by the participant.
Regardless of the option selected by the participant,the Board of Trustees has the right to
1 accelerate payments in order to comply with Section 401(A)(9) of the Internal Revenue Code
and the right to defer payments to comply with Section 415 of the Internal Revenue Code.
(k) Death.
If a DROP participant dies before the account balance is paid out in full,the participant's
I designated beneficiary shall have the same rights as the participant to elect and receive the pay-out
options set forth in paragraph j above. DROP payments to a beneficiary shall be in addition to any
retirement benefits payable to the participant. Participants who are or have been DROP
participants are not eligible for pre-retirement death or disability benefits.
(1) Forms.
IThe forms and notices shall be approved for use in administering the DROP by the Board of
Trustees.
1 (m) Amendment.
The City Commission may amend the DROP at any time. Such amendments shall be consistent
I with the provisions covering deferred retirement option plans and shall be binding upon all future
DROP participants and upon all DROP participant's who have balances in their accounts. Such
1 13
AGENDA ITEM#7B
FEBRUARY 23, 2004
the deceased member's final average compensation and credited service. The percent shall be zero (0)
percent during periods a pension is being paid in accordance with the provisions of subsection (b); and
fifty (50) percent during periods a pension is not being paid in accordance with the provisions of
subsection (b).
A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen
(19), but less than twenty-three(23), upon no longer being enrolled as a fulltime student in an educational
institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed.
(Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20, 11-23-98;
Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-285. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement system and who has not
previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100)
percent of his final average compensation. However, nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
(b) No member of the system covered by this article who is not now a member of such system shall
be allowed to receive a retirement pension which is, in part or in whole, based upon any service with
respect to which the member is already receiving, or will receive in the future, a retirement pension from
another retirement system or plan; provided that this restriction does not apply to social security benefits
or federal benefits under Chapter 67,Title 10, U.S. Code.
•
(c) In no event may a member's annual benefit exceed the lesser of:
(1) One hundred fifty thousand dollars ($150,000.00) (adjusted for cost of living in
accordance with Section 415(d) of the Internal Revenue Code, but only for the year in which such
adjustment is effective); or
(2) Notwithstanding the provisions of paragraphs (a) and (b) above, the annual benefit
payable to a member having at least fifteen (15) years of service shall not be less than the
annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal
Revenue Code shall be disregarded.The limitation on compensation for an "eligible employee"
shall not be less than the amount which was allowed to be taken into account hereunder as in
effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first
plan year beginning after December 31, 1995.
(4) If the member has less than ten(10)years of service with the employer(as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the
Internal; Revenue Code), the applicable limitation in subsection(1) or subsection(2) of this
subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one(1).
The numerator of such fraction shall be the number of years, or part thereof, of service with the
employer; the denominator shall be ten(10) years. For purposes of this subsection, annual benefit
means a benefit payable annually in the form of a straight-line annuity with no ancillary or
incidental benefits and with no member or rollover contributions.To the extent that ancillary
benefits are provided, the limits set forth in subsections (1) and(2) of this subsection will be
reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the
interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If
distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as
described in subsection (1) of this subsection shall be reduced actuarially using an interest rate
assumption equal to the greater of five (5) percent or the interest rate used in the most recent
15
AGENDA ITEM#7B
FEBRUARY 23,200
1
annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five
thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If
retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1)of this
subsection shall be increased actuarially using an interest assumption equal to the lesser of five
(5) percent or the interest rate used in the most recent annual actuarial valuation. For purposes of
this subsection, average annual compensation for a member's three (3) highest paid consecutive111
years means the member's greatest aggregate compensation during the period of three (3)
consecutive years in which the individual was an active member of the plan. The special
maximum retirement income limitation applicable to police officers at the normal retirement date
shall be as set forth in Section 415(G) and(H) of the Internal Revenue Code of 1986 and
amendments thereto and such amount shall be adjusted in accordance with regulations
promulgated by the secretary of the treasury or his/her delegate.
(Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1, 11-28-88;
Ord. No. 58-98-25, § 21, 11-23-98)
State law references: Limitation of benefits, F.S. § 112.65.
Sec. 2-286. Subrogation rights.
If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of
an accident or injury caused by the act of a third party, the retirement system shall be subrogated to the
rights of such member, retirant or beneficiary against such third party to the extent of pensions which the
retirement system pays or becomes liable to pay on account of such accident or injury.
(Ord. No. 58-75-4, § 26, 12-22-75; Ord. No. 58-98-25, § 22, 11-23-98)
Sec. 2-287. Reserved. I
Editor's note: Ord. No. 58-98-25, § 23, adopted Nov. 23, 1998, repealed § 2-287 which pertained to
reserve for retired benefit payments and derived from Ord. No. 58-75-4, § 27, adopted Dec. 22, 1975. 1
Sec. 2-288. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided in section 2 111
-
298, contributions from the city and other income sources as authorized by law.
(b) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which, '
together with the member contributions provided for in section 2-298 and other income sources as
authorized by law,sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over
a period of not more than forty (40) years, as determined by the Florida Statutes required actuarial
valuation.
Such contributions shall be computed as level percents of member payroll in accordance with generally 1
accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of
trustees shall from time to time adopt.The board shall annually certify to the city the contributions
determined according to this section, and the city shall appropriate and pay to the retirement system, the
111
contributions so certified.
(c) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and
consistent with Florida Statutes and the Internal Revenue Code.
(Ord.No. 58-75-4, § 28, 12-22-75; Ord. No. 58-98-25, § 24, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
Sec.2-289. Reserved. I
Editor's note: Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which pertained to
reserve for undistributed investment income and derived from Ord.No. 58-75-4, § 29, adopted Dec. 22,
1975. '
16 1
AGENDA ITEM#7B
1 FEBRUARY 23,2004
the deceased member's final average compensation and credited service. The percent shall be zero (0)
I percent during periods a pension is being paid in accordance with the provisions of subsection (b); and
fifty (50) percent during periods a pension is not being paid in accordance with the provisions of
subsection(b).
IA surviving child's pension shall terminate upon attainment of age nineteen(19)years or, if over nineteen
(19),but less than twenty-three(23), upon no longer being enrolled as a fulltime student in an educational
I institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed.
(Ord.No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20, 11-23-98;
Ord.No. 58-99-27, § 1, 11-8-99; Ord.No. 58-99-26, § 1,7-10-00)
Sec. 2-285. Maximum amount of pension.
I (a) The normal retirement pension payable to a member of the retirement system and who has not
previously participated in such system,on or after January 1, 1980,shall not exceed one hundred(100)
percent of his final average compensation.However,nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
Iadjustments.
(b) No member of the system covered by this article who is not now a member of such system shall
I be allowed to receive a retirement pension which is, in part or in whole,based upon any service with
respect to which the member is already receiving, or will receive in the future, a retirement pension from
another retirement system or plan; provided that this restriction does not apply to social security benefits
Ior federal benefits under Chapter 67,Title 10,U.S. Code.
(c) In no event may a member's annual benefit exceed the lesser of:
I (1) One hundred fifty thousand dollars($150,000.00)(adjusted for cost of living in
accordance with Section 415(d)of the Internal Revenue Code,but only for the year in which such
adjustment is effective); or
I
(2) Notwithstanding the provisions of paragraphs(a)and(b)above,the annual benefit
payable to a member having at least fifteen(15)years of service shall not be less than the
1 annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17)of the Internal
I Revenue Code shall be disregarded.The limitation on compensation for an"eligible employee"
shall not be less than the amount which was allowed to be taken into account hereunder as in
effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first
Iplan year beginning after December 31, 1995.
(4) If the member has less than ten(10)years of service with the employer(as defined in
I Section 415(b)(5)of the Internal Revenue Code and as modified by Section 415(b)(6)(D)of the
Internal;Revenue Code),the applicable limitation in subsection(1)or subsection(2)of this
subsection shall be reduced by multiplying such limitation by a fraction,not to exceed one.(1).
The numerator of such fraction shall be the number of years,or part thereof,of service with the
Iemployer; the denominator shall be ten(10)years.For purposes of this subsection, annual benefit
means a benefit payable annually in the form of a straight-line annuity with no ancillary or
incidental benefits and with no member or rollover contributions.To the extent that ancillary
I benefits are provided,the limits set forth in subsections(1)and(2)of this subsection will be
reduced actuarially, using an interest rate assumption equal to the greater of five(5)percent or the
interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If
I distribution of retirement benefits begins before age sixty-two(62),the dollar limitation as
described in subsection(1)of this subsection shall be reduced actuarially using an interest rate
assumption equal to the greater of five(5)percent or the interest rate used in the most recent
1 15
AGENDA ITEM#7B
FEBRUARY 23, 2004
Sec. 2-290. Investment of retirement system assets.
The board of trustees shall be the trustee of the monies and assets of the retirement system. The board
shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine.The
trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have
the authority, in respect to any stocks, bonds or other property, real or personal, held by them as trustees,
to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning
similar stocks, bonds or other property in his own right. The trustees are authorized to invest in those
stocks,bonds and other securities permitted by the investment policies or guidelines adopted by the
trustees.
(a) Delegation and allocation of investment functions.
(1) The Trustees shall have the power and authority to appoint one (1)or more investment
managers who shall be responsible for the management, acquisition, disposition, investing and
reinvesting of such of the assets of the Trust Fund as the Trustees shall specify. Any such
appointment may be terminated by the Trustees upon written notice.The fees of such investment
manager shall be paid out of the Trust Fund.The Trustees shall require that the investment
manager acknowledge in writing that it is a named fiduciary with respect to the plan.
(2) In connection with any allocation or delegation of investment functions under this
section, the Trustees shall, from time to time, adopt appropriate investment policies or guidelines.
(Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-
92; Ord. No. 58-98-25, § 26, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-291. Reserved.
Editor's note: Ord. No. 58-99-26, § 1, adopted July 10, 2000, deleted the former § 2-291, which
pertained to divisions and derived from Ord. No. 58-75-4, § 31, adopted 12-22-75, and Ord. No. 58-99-
27, § 1, adopted 11-8-99.
Sec.2-292. Expenses.
The expenses of administering a retirement system, including the premiums for fiduciary liability and
waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the
Plan city.
(Ord. No. 58-75-4, § 32, 12-22-75; Ord.No. 58-98-25, § 27, 11-23-98)
Sec. 2-293. Reserved.
Editor's note: Ord. No. 58-98-25, § 28, adopted Nov. 23, 1998, repealed § 2-293 which pertained to
insurance coverage for retirants and beneficiaries and derived from Ord. No. 58-75-4, § 33, adopted Dec.
22, 1975.
Sec. 2-294. Method of making payments.
All payments under this division shall be made according to the provisions of the City Charter and city
ordinances governing the disbursement of city monies.No payment shall be made that has not been •
authorized by . • - . -- -: - . . . the board of trustees.
(Ord. No. 58-75-4, § 34, 12-22-75)
Sec. 2-295. Assignments prohibited. •
(a) Generally. The right of a person to a pension, disability, death or survivor benefit, and any other
right accrued or accruing to any person under the provisions of this division, and any monies in assets
belonging to the retirement system, shall not be subject to execution, garnishment, attachment,the
17
AGENDA ITEM#7B
FEBRUARY 23,20041
operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be
unassignable except as is specifically provided in this division. If a member is covered under a group
insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be111
permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may
authorize the board of trustees to deduct required payments to continue coverage under the group
insurance or prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant or beneficiary in addition to any other remedies,
including forfeiture of benefits, provided by law.
(b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on
or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the balance '
to the credit of the distributee, except that an eligible rollover distribution does not include any
distribution that is one (1) of a series of substantially equal periodic payments (not less frequently
than annually) made for the life(or life expectancy) of the distributee or the joint lives (or joint
life expectancies) of the distributee and the distributee's designated beneficiary or for a specified
period of ten (10) years or more; any distribution to the extent such distribution is required under
Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not
includable in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
(2) "Eligible retirement" means an individual retirement account described in Section 408(a)
of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the
Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue
Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts
the distributee's eligible rollover distribution. However, in the case of an eligible rollover
distribution to the surviving spouse, an eligible retirement plan is an individual retirement account
or individual retirement annuity.
(3) "Distributee" includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse, or the employee's or former employee's spouse or former
spouse who is the alternate payee under an income deduction order, is a distributee with regard to
the interest of the spouse or former spouse.
(4) "Direct rollover" means a payment by the plan to the eligible retirementlan specified
P P by
the distributee.
(Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98) '
Sec. 2-296. Errors.
Should the board of trustees determine that any member, retirant or beneficiary is being paid from the
retirement system more or less than is correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which
the member,retirant or beneficiary was correctly entitled shall be paid.
(Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98)
Sec. 2-297. Protection against fraud. ,
Whoever with intent to deceive shall make any statements and/or reports required under this division
which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system,
18 1
•
AGENDA ITEM#7B
FEBRUARY 23,2004
Sec. 2-290. Investment of retirement system assets.
The board of trustees shall be the trustee of the monies and assets of the retirement system. The board
shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine.The
trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have
the authority, in respect to any stocks, bonds or other property, real or personal, held by them as trustees,
' to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning
similar stocks, bonds or other property in his own right. The trustees are authorized to invest in those
stocks,bonds and other securities permitted by the investment policies or guidelines adopted by the
trustees.
(a) Delegation and allocation of investment functions.
1 (1) The Trustees shall have the power and authority to appoint one(1)or more investment
managers who shall be responsible for the management, acquisition, disposition, investing and
reinvesting of such of the assets of the Trust Fund as the Trustees shall specify. Any such
' appointment may be terminated by the Trustees upon written notice. The fees of such investment
manager shall be paid out of the Trust Fund.The Trustees shall require that the investment
manager acknowledge in writing that it is a named fiduciary with respect to the plan.
(2) In connection with any allocation or delegation of investment functions under this
section, the Trustees shall, from time to time, adopt appropriate investment policies or guidelines.
(Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-
92; Ord. No. 58-98-25, § 26, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-291. Reserved.
Editor's note: Ord. No. 58-99-26, § 1, adopted July 10, 2000, deleted the former § 2-291, which
pertained to divisions and derived from Ord. No. 58-75-4, § 31, adopted 12-22-75, and Ord.No. 58-99-
, 27, § 1, adopted 11-8-99.
Sec. 2-292. Expenses.
The expenses of administering a retirement system, including the premiums for fiduciary liability and
waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the
Plan city.
(Ord. No. 58-75-4, § 32, 12-22-75; Ord.No. 58-98-25, § 27, 11-23-98)
Sec. 2-293. Reserved.
' Editor's note: Ord. No. 58-98-25, § 28, adopted Nov. 23, 1998, repealed§ 2-293 which pertained to
insurance coverage for retirants and beneficiaries and derived from Ord. No. 58-75-4, § 33, adopted Dec.
22, 1975.
Sec. 2-294. Method of making payments.
' All payments under this division shall be made according to the provisions of the City Charter and city
ordinances governing the disbursement of city monies. No payment shall be made that has not been
authorized by . - . . -_ . . . : the board of trustees.
(Ord. No. 58-75-4, § 34, 12-22-75)
Sec. 2-295. Assignments prohibited.
(a) Generally.The right of a person to a pension, disability, death or survivor benefit, and any other
right accrued or accruing to any person under the provisions of this division, and any monies in assets
belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the
1 17
AGENDA ITEM#7B
FEBRUARY 23,2004
or who shall otherwise violate,with intent to deceive, any of the terms or provisions of this division, shall
be guilty of a city offense.
Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed prior to
retirement,or whose employment is terminated by reason of an admitted commission, aid or abatement of
a specified offense, shall forfeit all rights and benefits under this pension plan,except for return of
accumulated contributions as of his date of termination.
(Ord.No. 58-75-4, § 37, 12-22-75; Ord.No. 58-98-25, § 31, 11-23-98)
Sec. 2-298. Member contributions.
(a) Member contributions for benefit group general shall be two (2)percent of salary and said
contribution shall be deducted from the member's pay and paid over into the retirement system at least
monthly.
(b) • The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu
of payroll deductions from such members'earnings. No member shall have the option of choosing to
receive the contributed amounts directly instead of having them paid by the city directly to the retirement
system. All such contributions by the city shall be deemed and considered as part of the member's
contributions and subject to all provisions of this plan pertaining to contributions of members. Such
contributions shall additionally be considered as part of the member's compensation for purposes of
determining final average compensation and any other benefits hereunder and for determining the
member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime
compensation.This city pick up of contributions is a result of a commensurate reduction of each
member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code.
(c) If an employee leaves the service of the city before accumulating aggregate time of five(5)years
toward retirement and before being eligible to retire under the provisions of this article he/she shall be
entitled to a refund of all of his or her contributions made to the city pension trust fund,plus any interest
accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits
paid to him/her. If an employee who has been in the service of the city for at least five (5)years and has
contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the
trust fund,such employee,upon attaining the age as required in section 2-278, may retire with the
actuarial equivalent of the amount of such retirement income otherwise payable to him/her.
(d) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal
Revenue Service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA; and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified eligible
retirement plan.
(Ord.No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord.No. 58-93-19A, § 1, 10-25-93;
Ord.No. 58-96-21, § 1, 2-12-96; Ord.No. 58-97-22, § 1, 2-24-97; Ord.No. 58-97-23, § 2, 7-14-97; Ord.
No. 58-97-24, § 1, 9-8-97; Ord.No. 58-98-25; § 32, 11-23-98; Ord.No. 58-99-27, § 1, 11-8-99; Ord.No.
58-99-26, § 1, 7-10-00)
Sec. 2-299. Benefit limitations and required distributions.
19
AGENDA ITEM#7B
FEBRUARY 23,2004 I
(a) Benefits paid under the city employees retirement system shall not exceed the limitations of
Internal Revenue Code Section 415,the provisions of which are hereby incorporated by reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be
in accordance with the following requirements and otherwise comply with Internal Revenue Code Section
401(a)(9) and the regulations thereunder,the provisions of which are incorporated herein by reference: '
(1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
year following the later of the calendar year in which the member attains age seventy and one- ,
half(70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a
member must begin no later than the applicable April 1, as determined under the preceding
sentence, and must be made over the life of the member(or the life expectancies of the member
and the member's designated beneficiary)in accordance with regulations.
(2) Distributions to a member and his/her beneficiary shall only be made in accordance with
the incidental death benefit requirements of[Internal Revenue] Code Section 401(a)(9)(G)and
the regulations thereunder.
(Ord.No. 58-96-21, § 1, 2-12-96)
1
•
•
•
t
1
I
i
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20 1
I
AGENDA ITEM#7B
FEBRUARY 23,2004
or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall
be guilty of a city offense.
Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed prior to
retirement, or whose employment is terminated by reason of an admitted commission, aid or abatement of
a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of
accumulated contributions as of his date of termination.
I (Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98)
Sec. 2-298. Member contributions.
k (a) Member contributions for benefit group general shall be two (2) percent of salary and said
contribution shall be deducted from the member's pay and paid over into the retirement system at least
I
monthly.
(b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu
of payroll deductions from such members'earnings. No member shall have the option of choosing to
' receive the contributed amounts directly instead of having them paid by the city directly to the retirement
system. All such contributions by the city shall be deemed and considered as part of the member's
contributions and subject to all provisions of this plan pertaining to contributions of members. Such
I contributions shall additionally be considered as part of the member's compensation for purposes of
determining final average compensation and any other benefits hereunder and for determining the
member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime
I compensation. This city pick up of contributions is a result of a commensurate reduction of each
member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code.
(c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years
toward retirement and before being eligible to retire under the provisions of this article he/she shall be
entitled to a refund of all of his or her contributions made to the city pension trust fund, plus any interest
' accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits
paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has
contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the
trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the
I
actuarial equivalent of the amount of such retirement income otherwise payable to him/her.
(d) If a member who terminates employment elects a refund of contributions and:
I (1) Some or all of the refund is eligible for rollover treatment, as defined bythe
g Internal
Revenue Service;
111:
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA; and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid(in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified eligible
retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord.No. 58-93-19A, § 1, 10-25-93;
111 Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord.
No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25; § 32, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord.No.
58-99-26, § 1, 7-10-00)
ISec. 2-299. Benefit limitations and required distributions.
II
19
AGENDA ITEM#7B
FEBRUARY 23,2004
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM*
Sec. 2-300. Created, purpose.
The police officers'retirement system is hereby created and established for the purpose of providing
pensions and death benefits for the police officers of the city and their dependents in accordance with
Chapter 185 of the Florida Statutes.The effective date of the retirement system is on adoption of this
division. However, all benefits in existence under all previous retirement systems or plans effective after
December 22, 1975 shall remain in effect and be included as a part of this retirement system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-301. Definitions.
The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than '
the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five (5) years in the case of disability. •
Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension
or other benefit by the retirement system for a reason other than the person's membership in the retirement
system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach,Florida, and shall include officers, boards, departments and
instrumentalities.
Compensation shall mean the total cash remuneration paid a member for service rendered to the city.
Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness, and will also include
incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions
or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit,
uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a
special detail work performed on behalf of a second party employer or any other item not specifically
included.
Credited service shall mean the service credited a member as provided in this division.
Final average compensation shall mean one-sixtieth (1/60th) of the aggregate amount of compensation
paid a m ember during the period o f s ixty(60) months oft he m ember's credited service i n which the
aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be
contained within the member's last one hundred twenty (120) months of credited service. If a member has
less than sixty (60) months of credited service, final average compensation means the aggregate amount
of compensation paid the member divided by the member's months of credited service.
Member shall mean any person who is a member of the retirement system.
*Editor's note: Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as
Division 4, §§ 2-261A--2-310A. For purposes of clarity and at the editor's discretion, these provisions
have been included herein as §§ 2-300--2-310.29.
21
AGENDA ITEM#7B
FEBRUARY 23,2004
Pension shall mean a series of monthly payments by the retirement system throughout the future life of a
retirant or beneficiary, or for a temporary period, as provided in this division.
Pension reserve shall mean the present value of all payments likely to be made on account of a pension.
The present value shall be computed on the basis of such mortality and other tables of experience and
regular annual compound interest as the actuary appointed by the board of trustees shall from time to time
determine.
Police officer shall mean a city employee employed by the police department who is certified or required '
to be certified as a law enforcement officer in compliance with Sections 185.02(11) and 943.14 Florida
Statutes,and who holds the rank of patrol officer or higher, including probationary patrol officer. The
term police officer shall not include any civilian city employee employed in the police department, any
person employed as a police officer for an emergency, or any person privately employed as a police
officer.
Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board ,
of trustees shall from time to time adopt.
Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a
pension by the retirement system on account of the person's membership in the retirement system.
Retirement shall mean a police officer's separation from city employment as a police officer with ,
immediate eligibility for receipt of benefits under the retirement system.
Retirement systems or system shall mean the city retirement plan created and established by this division. '
Service shall mean personal service rendered to the city by a police officer.
Workers'compensation benefits shall mean any amounts paid a retirant,beneficiary, spouse, or child
pursuant to any workers'compensation or similar law. Redemptions or settlements of workers'
compensation claim shall be considered workers'compensation benefits.Payments in consideration of
medical expenses shall be disregarded in the determination of workers'compensation benefits.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-302. Benefit groups. ,
(a)
- - :- ' .:: - :- -- - •- .• • - -- ---- - - : Benefit group police is
hereby designated for the purpose of determining a retirement system member's applicable benefit
eligibility conditions and benefit amount and
(1) Benefit group police shall consist of all members who are also full time sworn police
officers.
(b) Benefit eligibility conditions shall be based on the member's benefit group at the time of
termination of city employment. Benefit amounts shall be based on the amount of credited service
acquired in benefit group police.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-303. Board of trustees—Responsibilities and duties generally.
The general administration,management, and responsibility for the proper operation of the retirement
system, for construing, interpreting, and making effective the provisions of this division, and for making
recommendations to the city commission on matters concerning this retirement system are vested in the
board of trustees. Such responsibilities and duties shall be conducted in such manner as to comply with
22 1
AGENDA ITEM#7B
FEBRUARY 23,2004
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM*
Sec. 2-300. Created, purpose.
The police officers'retirement system is hereby created and established for the purpose of providing
pensions and death benefits for the police officers of the city and their dependents in accordance with
Chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this
' division. However, all benefits in existence under all previous retirement systems or plans effective after
December 22, 1975 shall remain in effect and be included as a part of this retirement system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-301. Definitions.
The following words and phrases as used in this division shall have the following meanings unless a
different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than
' the standard form of benefit for members shall have the same actuarial present value on the date payment
commences as such standard form of benefit. For the purpose of establishing the actuarial present value of
any form of payment, all future payments shall be discounted for interest and mortality by using the 1983
Group Mortality Table, with ages set ahead five (5) years in the case of disability.
Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension
or other benefit by the retirement system for a reason other than the person's membership in the retirement
system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach,Florida, and shall include officers, boards, departments and
instrumentalities.
' Compensation shall mean the total cash remunerationaid a member for service rendered to the city.
ty.
Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
l
salary or wages while absent from work on account of vacation, holiday, or illness, and will also include
incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions
or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit,
uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a
special detail work performed on behalf of a second party employer or any other item not specifically
included.
' Credited service shall mean the service credited a member as provided in this division.
Final average compensation shall mean one-sixtieth (1/60th) of the aggregate amount of compensation
paid a m ember during the period o f sixty(60)months o f t he m ember's credited service i n which the
aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be
contained within the member's last one hundred twenty(120) months of credited service. If a member has
' less than sixty (60) months of credited service, final average compensation means the aggregate amount
of compensation paid the member divided by the member's months of credited service.
Member shall mean any person who is a member of the retirement system.
*Editor's note: Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as
Division 4, §§ 2-261A--2-310A. For purposes of clarity and at the editor's discretion, these provisions
have been included herein as §§ 2-300--2-310.29.
21
AGENDA ITEM#7B
FEBRUARY 23,200.1
the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with
section 185.06 therein.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-304. Same--Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended
by its actuary and as required by state law(Chapters 112 & 185 F.S.) for the operation of the retirement
system on a sound actuarial basis.The board shall keep or cause to be kept, in convenient form, such
additional data as is required to properly report the operations of the system.
(b) The board shall render all reports required by state (Chapter 185, F.S.) or federal law to
appropriate agencies, with a copy to the city commission, on or before the first day of Affil October of
each year showing the fiscal transactions of the retirement system for the year ended the preceding
thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of
September, and a copy of the most recent actuarial report.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-305. Same--Composition.
The board of trustees shall consist of five (5) trustees as follows:
(1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the
city commission, who may serve as trustees of other city boards including the general employees
retirement system provided herein;
(2) Two (2)police officers to be elected by the active police officers who are members of the
retirement system;
(3) One (1)trustee to be selected by the other four(4) members of the board of trustees, and
appointed as a ministerial act by the city commission.
The elections provided for in subsection (2) of this section shall be held in accordance with such rules, as
the board of trustees shall from time to time adopt.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-306. Same--Term of office; oath of office.
•
The regular term of office of a member of the board of trustees shall be two (2)years for resident
appointees, and two (2) years for elected representatives, unless they terminate employment, whereupon a
new election will be held by the member of the plan to fill the unexpired term of their trustee
representatives. The term of office for the trustee selected by the other four(4) members of the board
shall be two(2) years. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath
of office to be administered by the city clerk, whereupon a trustee's term of office shall begin.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-307. Same--Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any member resigns or any employee
representative ceases to be employed by the city.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety(90)days
for the unexpired term, in the same manner as the position was previously filled.
(Ord.No. 58-99-26, § 2, 7-10-00)
23
AGENDA ITEM#7B
FEBRUARY 23,2004 I
Sec. 2-308. Same--Meetings; quorum; voting; compensation.
The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall i
designate the time and place of each meeting. All meetings of the board shall be open to the public.
Notice of such meetings shall be posted on employee bulletin boards so that all members will be aware of
the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring
votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each
question before the board.Trustees shall serve without compensation for their services as trustees,but '
shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and
in performing required duties as trustees in accordance with Florida Law.
(Ord. No. 58-99-26, § 2, 7-10-00) ,
Sec. 2-309. Officers and employed services.
The officers and employed services of the retirement system shall be as follows: '
(1) Chairperson: The board shall annually elect a chairperson from its members.
(2) Secretary: The board shall annually elect a secretary of the board from its members, who shall
sign the minutes of each meeting .-: :- -• -. :: .- : -- - ' - -- - ' - : : and shall
perform such duties as required in Chapter 185 of the Florida Statutes.
(3) Legal advisor: The board is empowered to employ independent legal counsel.
(4) Actuary: The board is empowered to employ an independent actuary who shall be the technical
advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall
perform such services as are required in connection therewith.The term actuary as used in this division
shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement
Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy
of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are
performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is
responsible for all final documents submitted by the partnership or corporation.
(5) Administrative manager: The board is empowered to employ or contract for the services of an
111
individual, firm, or corporation, to be known as the "administrative manager", who shall, under the
direction of the board or any appropriate committee thereof, be ministerially responsible to:
(a) Administer the office or offices of the retirement system and of the board;
(b) Coordinate and administer the accounting, bookkeeping, and clerical services; '
(c) Provide for the coordination of actuarial services furnished by the actuary;
(d) Prepare(in cooperation or appropriate with the consulting actuary or other advisors)
reports and other documents to be prepared, filed or disseminated by or on behalf of the
retirement system in accordance with law;
(e) Perform such other duties and furnish such other services as may be assigned, delegated,
or directed or as may be contracted by or on behalf of the board.
(6) Other services: The board is authorized and empowered to employ such professional, medical,
technical, or other advisors as are required for the proper administration of the retirement system.These
services shall be obtained and the compensation for these services shall be determined in accordance with
procedures established by the board in accordance with Chapter 185 of the Florida Statutes.
24 1
' AGENDA ITEM #7B
FEBRUARY 23,2004
the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with
section 185.06 therein.
(Ord. No. 58-99-26, § 2, 7-10-00)
. Sec. 2-304. Same--Actuarial data; report to city commission.
(a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended
' by its actuary and as required by state law(Chapters 112 & 185 F.S.) for the operation of the retirement
system on a sound actuarial basis.The board shall keep or cause to be kept, in convenient form, such
additional data as is required to properly report the operations of the system.
(b) The board shall render all reports required by state (Chapter 185, F.S.) or federal law to
appropriate agencies, with a copy to the city commission, on or before the first day of mil October of
each year showing the fiscal transactions of the retirement system for the year ended the preceding
thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of
September, and a copy of the most recent actuarial report.
(Ord.No. 58-99-26, § 2, 7-10-00)
Sec. 2-305. Same--Composition.
The board of trustees shall consist of five (5) trustees as follows:
(1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the
' city commission, who may serve as trustees of other city boards including the general employees
retirement system provided herein;
(2) Two (2) police officers to be elected by the active police officers who are members of the
retirement system;
' (3) One (1) trustee to be selected by the other four(4) members of the board of trustees, and
appointed as a ministerial act by the city commission.
The elections provided for in subsection(2)of this section shall be held in accordance with such rules, as
the board of trustees shall from time to time adopt.
(Ord.No. 58-99-26, § 2, 7-10-00)
' Sec. 2-306. Same--Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be two(2)years for resident
' appointees, and two (2)years for elected representatives, unless they terminate employment, whereupon a
new election will be held by the member of the plan to fill the unexpired term of their trustee
representatives. The term of office for the trustee selected by the other four(4) members of the board
' shall be two(2)years. Each trustee shall, before assuming the duties of trustees,qualify by taking an oath
of office to be administered by the city clerk, whereupon a trustee's term of office shall begin.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-307. Same--Vacancy; filling of vacancy.
(a) A vacancy shall occur on the board of trustees if any member resigns or any employee
representative ceases to be employed by the city.
(b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety(90)days
for the unexpired term, in the same manner as the position was previously filled.
(Ord.No. 58-99-26, § 2, 7-10-00)
' 23
AGENDA ITEM#7B
FEBRUARY 23, 2004
(Ord. No. 58-99-26, § 2. 7-10-00)
Sec. 2-310. Membership.
(a) All persons who are city police officers, and all persons who become city police officers, shall be
members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include:
(1) Any police officer who is employed in a position normally requiring less than one
thousand(1,000) hours of work per annum;
(2) The chief of the police department may opt not to become a member of the retirement
system. Such option shall be made within sixty (60) days of appointment as police chief and shall
be irrevocable;
•
(3) Police officer positions which are compensated on a basis not subject to the withholding '
of federal income taxes or FICA taxes by the city;
(4) Temporary police officers;
(5) Elected officials of the city.
(c) An individual shall cease to be a member upon retirement, entry into DROP, termination of
employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand
(1,000) or more hours or work in a year, or upon becoming employed in an excluded position.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.1. Credited service.
Service rendered by a member of the retirement system shall be credited to the member's individual
credited service account in accordance with rules the board of trustees shall from time to time prescribe
• and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more
than one(1)year of credited service be credited on account of all service rendered by a member in any
one(1)period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-
twelfth(1/12)of a year. Service shall be credited for the total number of years, and fractional parts of
years, of service of the member.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.2. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the member
terminates city employment with less than five (5) years of credited service.
(Ord. No. 58-99-26, § 2, 7-10-00)
•
Sec.2-310.3. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
employment by the city and membership in the retirement system occurs within five (5)years from and
after the date of separation from city employment that caused the forfeiture,provided that the member
repays to the retirement system the contributions refunded under section 2-310.25(c)hereof, plus interest
at the actuarially assumed rate, in accordance with terms established by the board of trustees.
(Ord.No. 58-99-26, § 2, 7-10-00)
25
AGENDA ITEM#7B
FEBRUARY 23,2004 1
Sec. 2-310.4. Military service credit.
(a) A member of the retirement system who leaves or left city employment voluntarily or non- ,
voluntarily to enter any armed service of the United States during time of war, period of compulsory
military service, or period of national emergency recognized by the city commission shall have required
periods of active duty credited as city service subject to the following conditions: '
(1) The member is re-employed by the city as provided in the Uniformed Services
Employment and Reemployment Rights Act(USERRA) after the date of termination of such
active duty-,
(2) In no case shall more than the years of service provided for in USERRA or within FS 185
be credited on account of all military service.
(3) Notwithstanding any provision of this article to the contrary, contributions,benefits, and
service credit with respect to qualified military service will be provided in accordance with
USERRA, FS 185, and section 414(u) of the Internal Revenue Code.
(b) The board of trustees shall determine the amount of service to be credited a member under the '
provisions of this section and USERRA.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.5. Voluntary retirement conditions; employment after retirement.
(a) A member of the retirement system may retire upon satisfaction of each of the following '
requirements:
(1) The member files written application for retirement with the board of trustees setting
forth the date retirement is to be effective.
(2) The member terminates all his/her city employment normally requiring one thousand
(1,000) hours of work per annum on or before the date retirement is to be effective.
(3) The member has met the age and service requirements for retirement specified in
subsection(b).
Upon retirement, a member shall be paid a pension computed according to the applicable
subsections of section 2-310.10 or section 2-310.11.
(b) The age and service requirements for voluntary retirement are:
(1) Normal retirement: the member has attained the age of fifty (50) or older and has twenty
(20) years or more of credited service in force; or the member has obtained the age of fifty-five
(55) years and has ten (10) or more years of credited service in force; or the member at any age
has twenty-five (25) years of credited service in force; or the member has attained the age of sixty
(60) years, and has five (5)years of credited service in force.
(2) Early retirement: the member has attained the age of fifty (50) or older and has ten (10)
of more years of credited service in force,shall be eligible for an early retirement.
(c) Employment after retirement: I
(1) Any person who has retired as a member of this retirement system may be reemployed by
the city in a sworn Police Officer position normally requiring less than one thousand(1000)hours
26 1
AGENDA ITEM#7B
FEBRUARY 23,2004
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310. Membership.
(a) All persons who are city police officers, and all persons who become city police officers, shall be
members of the retirement system, except as provided in subsection (b) of this section.
(b) The membership of the retirement system shall not include:
(1) Any police officer who is employed in a position normally requiring less than one
thousand(1,000) hours of work per annum;
(2) The chief of the police department may opt not to become a member of the retirement
system. Such option shall be made within sixty(60) days of appointment as police chief and shall
be irrevocable;
(3) Police officer positions which are compensated on a basis not subject to the withholding
of federal income taxes or FICA taxes by the city;
(4) Temporary police officers;
' (5) Elected officials of the city.
(c) An individual shall cease to be a member upon retirement, entry into DROP, termination of
employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand
(1,000) or more hours or work in a year, or upon becoming employed in an excluded position.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.1. Credited service.
' Service rendered by a member of the retirement system shall be credited to the member's individual
credited service account in accordance with rules the board of trustees shall from time to time prescribe
and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more
than one (1) year of credited service be credited on account of all service rendered by a member in any
one (1)period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one-
twelfth(1/12)of a year. Service shall be credited for the total number of years, and fractional parts of
years, of service of the member.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.2. Loss of credited service.
A retirement system member's credited service shall be forfeited and no longer in force if the member
terminates city employment with less than five (5) years of credited service.
(Ord. No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.3. Reinstatement of credited service.
A member's forfeited credited service shall be restored to his/her individual service account if re-
employment by the city and membership in the retirement system occurs within five (5)years from and
after the date of separation from city employment that caused the forfeiture,provided that the member
repays to the retirement system the contributions refunded under section 2-310.25(c) hereof,plus interest
at the actuarially assumed rate, in accordance with terms established by the board of trustees.
' (Ord. No. 58-99-26, § 2, 7-10-00)
25
AGENDA ITEM#7B
FEBRUARY 23,2004
of work per annum or in a position not covered by this pension plan and receive retirement
benefits from his/her previous employment and compensation from his/her reemployment.
(2) Any person who has retired as a member of this retirement system and is subsequently
reemployed by the city in any position normally requiring one thousand(1000) hours or more of
work per annum in a position covered by this pension plan shall have his/her pension benefit
suspended during the period of such reemployment and shall receive additional credited service
from his/her reemployment.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.6. Normal retirement date and payment date.
(a) The normal retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
(b) The early retirement date of each member shall be the first day of the month following the '
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
(lac) The monthly retirement income payable in the event of normal or early retirement shall be
payable on the first day of each month . -: . : . - - . . .
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.7. Deferred retirement upon separation from employment (vesting).
(a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-310.5 for a reason other than retirement or death,
who has not received a refund of his/her member contributions, and who has the applicable period of
credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-310.5.
Upon attaining the age and service requirement for v oluntary retirement, the member shall be paid a
pension computed according to the applicable subsections of section 2-310.510 as those subsections were
in force at the time a member left city employment. Such benefit shall be paid as a standard benefit form
(ten(10) year certain and life thereafter) as provided in section 2-310.11.
(b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is five (5) years. Provided, that any member who attained five (5) or more years of
service with the city and elected to leave his or her accrued contributions in the plan shall be entitled to a
benefit under the provisions as set out in section 2-310.7(a) upon attaining normal retirement age.
(c) A member of the retirement system who terminates city employment prior to satisfying the five
(5) year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her
contributions,plus interest as determined by the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.8. Disability retirement--General conditions for eligibility.
(a) If a member, prior to his normal retirement date, becomes totally and permanently disabled as
defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) the member
shall be eligible for disability retirement.The minimum benefit for any member disabled in the line of
duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service.
The minimum benefit for any member disabled not in the line of duty who has eight and one third(8 1/3)
years of credited service shall be twenty-five (25) percent of the final average salary.
27
AGENDA ITEM #7B
FEBRUARY 23,2004 I
(1) A permanent disability which is the result of or caused by tuberculosis, hepatitis,
meningococcal meningitis, hypertension, heart disease, or hardening of the arteries shall be
presumed to have been incurred in the line of duty unless the contrary is shown by competent
evidence or unless a physical examination of the member conducted upon initial hiring by the city
revealed the existence of such condition at that time, and provided that a member claiming
disability due to tuberculosis or meningococcal meningitis provides the affidavit required by F.S.
section 112.181(2).
(b) A member will be considered disabled if, in the opinion of the board of trustees, the member is
totally and permanently prevented from rendering useful and efficient service as a city police officer and
will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain
so disabled continuously and permanently from a cause other than as specified in subsection (c). '
(c) A member will not be entitled to receive any disability retirement income if disability is as a
result of: i
(1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics;
(2) Injury or disease sustained by the employee while willfully and illegally participating in
fights, riots, or civil insurrections or while committing a crime;
(3) Injury or disease sustained by the employee while serving in any armed forces; or ,
(4) Injury or disease sustained by the employee after his/her employment has terminated.
(5) Injury or disease sustained by the police officer while working for anyone other than the
city and arising out of such employment.
(d) No member shall be permitted to retire under the provisions of this section until he/she is •
examined by a duly qualified physician, surgeon, or other medical or psychological professional to be
selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the
manner specified in this section.Any member retiring under this section may be examined periodically by
a duly qualified physician,surgeon, or other medical or psychological professionals or board of
physicians, surgeons, and other medical or psychological professionals to be selected by the board of
trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit
to such an examination, the member's disability pension shall be suspended until such time as the member
submits to the examination.
(e) The benefits payable to a member who retires from the service of the city with a total and
permanent disability as a direct result of a disability commencing prior to his/her normal retirement date,
is the greater of the monthly income computed according to the applicable subsections of section 2-
310.10 or the minimums established in section 2-310.8(a). Provided, that such benefits shall be paid in
the standard form, (ten (10)year certain and life thereafter).
(f) The monthly retirement income as computed in Section 2-310.10 to which a member is entitled in
the event of his/her disability retirement shall be payable monthly after the board of trustees determine
such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the
member recovers from the disability prior to his normal retirement date, the last payment will be the
payment due next preceding the date of such recovery. If the member dies without recovering from his
disability or attains his/her normal retirement date while still disabled, the last payment will be the
payment due next preceding his/her death.
(g) If the board of trustees finds that a member who is receiving a disability retirement income is, at
any time prior to his normal retirement date,no longer disabled, as provided herein, the board of trustees '
shall direct that the disability retirement income be discontinued. Recovery from disability as used herein
28
AGENDA ITEM#7B
1 FEBRUARY 23,2004
of work per annum or in a position not covered by this pension plan and receive retirement
benefits from his/her previous employment and compensation from his/her reemployment.
(2) Any person who has retired as a member of this retirement system and is subsequently
reemployed by the city in any position normally requiring one thousand(1000) hours or more of
work per annum in a position covered by this pension plan shall have his/her pension benefit
suspended during the period of such reemployment and shall receive additional credited service
' from his/her reemployment.
(Ord. No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.6. Normal retirement date and payment date.
(a) The normal retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
The early retirement date of each member shall be the first day of the month following the
effective retirement of the member as indicated in the member's retirement application and as approved
by the board of trustees.
' (bc) The monthly retirement income payable inthe event of normal or early retirement shall be
payable on the first day of each month . -: . -
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.7. Deferred retirement upon separation from employment (vesting).
' (a) A member of the retirement system who terminates city employment prior to satisfying the
requirements for voluntary retirement under section 2-310.5 for a reason other than retirement or death,
who has not received a refund of his/her member contributions, and who has the applicable period of
credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension
' upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-310.5.
Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a
pension computed according to the applicable subsections of section 2-310.510 as those subsections were
in force at the time a member left city employment. Such benefit shall be paid as a standard benefit form
(ten (10) year certain and life thereafter) as provided in section 2-310.11.
(b) The credited service requirement for separation from city employment with entitlement to
deferred retirement is five (5) years. Provided, that any member who attained five (5) or more years of
service with the city and elected to leave his or her accrued contributions in the plan shall be entitled to a
benefit under the provisions as set out in section 2-310.7(a)upon attaining normal retirement age.
(c) A member of the retirement system who terminates city employment prior to satisfying the five
(5)year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her
contributions,plus interest as determined by the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.8. Disability retirement--General conditions for eligibility.
(a) If a member, prior to his normal retirement date, becomes totally and permanently disabled as
defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) the member
shall be eligible for disability retirement.The minimum benefit for any member disabled in the line of
duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service.
The minimum benefit for any member disabled not in the line of duty who has eight and one third(8 1/3)
years of credited service shall be twenty-five (25)percent of the final average salary.
27
AGENDA ITEM #7B
FEBRUARY 23, 2004
means the ability of the member to render useful and efficient service as a police officer employee of the
city, regardless of whether the member is re-employed by the city.
(h) If the member recovers from disability and reenters the service of the city as a police officer
employee, his/her service will be deemed to have been continuous, but the period beginning with the first
month for which he/she received disability retirement income payment and ending with the date he/she
reentered the city service will not be considered as credited service for the purpose of the system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.9. Same--Continuation subject to re-examination; return to employment.
(a) The board of trustees may require a disability retirant to undergo periodic medical or
psychological examination if the disability retirant has not attained age sixty (60) his or her normal
retirement eligibility date.
(b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the
disability pension may be suspended by the board of trustees until the retirant submits to the examination. '
(c) A disability retirant who has been restored to employment with the city as provided in subsection
2 280.310.8(h) shall again become a member of the retirement system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.10. Calculation of pension benefit.
(a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension
shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring
member's final average compensation.
(b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as
provided in subsection 2-310.10(a) above taking into account credited service to the date of actual
retirement and final average compensation as of such date. Such amount of retirement income shall be
actuarially reduced to take into account the participant's younger age and earlier commencement of
retirement income payments. In no event shall the early retirement reduction exceed three (3) percent for
each year by which the member's age at retirement preceded the member's normal retirement age.
(1)}(c) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
prior to January 1, 2001, shall receive a one-time cost-of-living adjustment, which shall be in an amount
equal to five(5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
(Ord. No. 58-99-26, § 2, 7-10-00; Ord.No. 58-01-28, § 2, 10-8-01)
Sec. 2-310.11. Optional forms of pension payment.
A member of the retirement plan may elect to be paid under one (1) of the following optional forms of
payment in lieu of the standard normal or early retirement benefit form of payment. The election must be
made in writing and filed with the board of trustees prior to the date retirement is effective. Unless
otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made
under the standard normal retirement benefit form if a timely election of an optional form of payment is
not made. The amount of pension under any option shall be the actuarial equivalent of the amount of
pension under the standard normal retirement benefit form payment.
29
AGENDA ITEM#7B
FEBRUARY 23,201
(1) Option Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant
P A; P
shall be paid a pension for life, however • -- - • . .•- . • - - -. --.---•- - - - - -. - . :; - - - - - -- - - - - - -- - in the event
the retirant dies after retirement but before receiving retirement benefits for a period of ten (10)
years,the same monthly b enefit w ill b e p aid for the balance o f such ten y ear p eriod.B enefit
payments shall be made to the retirant's designated beneficiary or estate for such period.
(2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be paid a
reduced pension for life with the provision that upon the retirant's death,a benefit as designated
by the retirant of either, one hundred(100),seventy-five (75), sixty-six and two thirds(66 2/3)or
fifty(50)percent of the reduced pension benefit shall be continued throughout the future lifetime
of and paid to such person as the retirant shall have specified by written designation duly . II
'
executed and field with the board of trustees at the time of election of the optional form of
payment.
(3) Option C; Retirant's life only: Under Option C, a retirant shall be paid a pension for his
or her life only. All monthly payments shall cease on the death of the retirant.
LeD Option GD; Social security coordinated pension: Under Option 62, a retirant shall be
paid an increased.pension to attainment of the age when the retirant is eligible to receive regular
social security retirement benefits, and a reduced pension thereafter. The increased pension paid
to attainment of regular social security retirement age shall approximate the sum of the reduced
pension payable thereafter plus the retirant's estimated social security primary insurance amount.
(45) Other benefit form.Any other actuarially equivalent form of benefit requested by a
member and approved, in their sole discretion,by the board of trustees.
(Ord.No. 58-99-26, § 2, 7-10-00)
(6) A Deferred-Retirement Option Program (DROP),shall be established and administered '
by the Board of Trustees of the City of Atlantic Beach Police Officers' Retirement System.
Such DROP shall be a self-directed program. A Police Officer Employee may enter the
DROP as set forth herein.
(a) Eligibility.
A participant of the City of Atlantic Beach Police Officers' Retirement System may enter
into the DROP on the first day of the month following the attainment of age and service
retirement requirements provided in the City of Atlantic Beach Code section 2-310.5(b).
Participants who attained eligibility prior to the enactment of the DROP shall be afforded
the option of participating immediately.
(b) Written Election.
A participant electing to participate in the DROP must complete and execute the proper
forms,which shall be supplied by the Board of Trustees. Election into the DROP is
irrevocable once a participant enters the DROP.
(c) Limitation/Disqualification for Other Benefits.
A participant may participate in the DROP only once. After commencement of '
participation in the DROP,the employee shall no longer earn or accrue additional vesting
credits toward retirement benefits and shall not be eligible for disability or pre-retirement
death benefits in the City of Atlantic Beach Police Officers' Retirement System. '
30
AGENDA ITEM#7B
FEBRUARY 23,2004
means the ability of the member to render useful and efficient service as a police officer employee of the
city, regardless of whether the member is re-employed by the city.
(h) If the member recovers from disability and reenters the service of the city as a police officer
' employee, his/her service will be deemed to have been continuous, but the period beginning with the first
month for which he/she received disability retirement income payment and ending with the date he/she
reentered the city service will not be considered as credited service for the purpose of the system.
' (Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.9. Same--Continuation subject to re-examination; return to employment.
(a) The board of trustees may require a disability retirant to undergo periodic medical or
psychological examination if the disability retirant has not attained age sixty (60) his or her normal
' retirement eligibility date.
(b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the
disability pension may be suspended by the board of trustees until the retirant submits to the examination.
' (c) A disability retirant who has been restored to employment with the city as provided in subsection
2 280.310.8(h) shall again become a member of the retirement system.
' (Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.10. Calculation of pension benefit.
(a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension
shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring
' member's final average compensation.
(b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as
provided in subsection 2-310.10(a) above taking into account credited service to the date of actual
retirement and final average compensation as of such date. Such amount of retirement income shall be
actuarially reduced to take into account the participant's younger age and earlier commencement of
retirement income payments. In no event shall the early retirement reduction exceed three (3)percent for
' each year by which the member's age at retirement preceded the member's normal retirement age.
(b)(c) Cost-of-living adjustment. All retirement system members and beneficiaries who retired prior to
January 1, 1997, shall receive a one-time cost-of-living adjustment, which shall be in an amount equal to
three (3)percent of the benefits paid to such retired members and beneficiaries during the immediately
preceding month. Effective October 2001, all retirement system members and beneficiaries who retired
' prior to January 1, 2001, shall receive a one-time cost-of-living adjustment, which shall be in an amount
equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the
immediately preceding month.
' (Ord.No. 58-99-26, § 2, 7-10-00; Ord.No. 58-01-28, § 2, 10-8-01)
Sec. 2-310.11. Optional forms of pension payment.
A member of the retirement plan may elect to be paid under one (1) of the following optional forms of
payment in lieu of the standard normal or early retirement benefit form of payment. The election must be
made in writing and filed with the board of trustees prior to the date retirement is effective. Unless
' otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made
under the standard normal retirement benefit form if a timely election of an optional form of payment is
not made. The amount of pension under any option shall be the actuarial equivalent of the amount of
pension under the standard normal retirement benefit form payment.
29
AGENDA ITEM#7B
FEBRUARY 23,2004
(d) Cessation or Reduction of Contributions.
Upon the effective date of a participant's commencement of participation in the DROP.the
participant's contributions to the City of Atlantic Beach Police Officers' Retirement System
shall be discontinued.
(e) Benefit Calculation.
For all City of Atlantic Beach Police Officers' Retirement System purposes, the service and
vesting credits of a participant participating in the DROP shall remain as they existed on
the effective date of commencement of participation in the DROP. This shall include
current and future Cost of Living Adjustments (COLA) as provided in the City of Atlantic
Beach Code of Ordinances. The participant shall not earn or be credited with any
additional vesting credits after beginning DROP participation. Service thereafter shall not
be recognized by the City of Atlantic Beach Police Officers' Retirement System or used for
the calculation or determination of any benefits payable by such Retirement System. The
final average compensation of the participant shall remain as it existed on the effective date
of commencement of participation in the DROP. Payment for unused Compensatory Time
shall be made when the participant enters the DROP and shall be utilized in determining
the final average compensation. Payment for accrued unused leave (vacation, holiday, etc.)
shall be made when the participant actually terminates employment with the City.
Earnings thereafter shall not be recognized by the Retirement System or used for the
calculation or determination of any benefits payable by the Retirement System.
(f) Payments to DROP Account. The monthly retirement benefits, including any future
cost of living increases,that would have been payable had the participant elected to cease
employment and receive a normal retirement benefit shall be deposited into the
participant's DROP account.
(g) DROP Account Earnings.
Earnings of each DROP account shall be in accordance with the self-directed options
selected by the participant and shall continue for up to sixty (60) months at which time all
deposits to the participant's account shall cease. Neither the City, the Retirement System
nor the system's Board of Trustees shall have any responsibility or liability for any of the
self-directed options selected by the participant.
(h) Maximum Participation.
A participant may participate in the DROP for a maximum of sixty (60) months. At the
conclusion of the sixty (60) months, the participant's DROP account deposits shall cease.
The participant may terminate DROP participation by terminating from covered city
employment on a date prior to sixty (60) months from the date the participant entered the
DROP.
A participant that elects to participate in the DROP may participate for a maximum of sixty
(60) months. At the conclusion of the maximum time period,the participant's covered city
employment must terminate pursuant to the resignation submitted by the participant as
part of the DROP application.The participant may terminate DROP participation by
terminating from covered city employment on a date prior to sixty(60) months from the
date the participant entered the DROP.
(i) Expenses.
31
AGENDA ITEM#7B
FEBRUARY 23,2004
All administrative fees charged for the administration and operation of the participant's
DROP account shall be in accordance with the self-directed options selected by the
participant. '
(i) Payout.
(i) Upon the termination of a participant's covered City employment(for any reason,
whether by retirement, resignation, discharge or death),the retirement benefits payable
to the participant or to the participant's designated beneficiary shall be paid to the
participant, the participant's designated beneficiary or the participant's estate and shall
no longer be deposited into the participant's DROP account.
(ii) Within thirty days after the end of any calendar quarter following the termination
of a participant's employment,the balance in the participant's DROP account shall be
payable in accordance with the self-directed options selected by the participant.
Regardless of the option selected by the participant,the Board of Trustees has the right to
accelerate payments in order to comply with Section 401(A)(9)of the Internal Revenue
Code and the right to defer payments to comply with Section 415 of the Internal Revenue
Code.
(k) Death.
If a DROP participant dies before the account balance is paid out in full,the participant's
designated beneficiary shall have the same rights as the participant to elect and receive the
pay-out options set forth in paragraph i above.DROP payments to a beneficiary shall be in
addition to any retirement death benefit payable to the participant.Participants who are or
have been DROP participants are not eligible for pre-retirement death or disability
benefits.
(1) Forms.
The forms and notices for use in administering the DROP shall he approved by the Board
of trustees.
(m) Amendments.
The City Commission may amend the DROP at any time. Such amendments shall be
consistent with the provisions covering deferred retirement option plans set forth in any
applicable collective bargaining agreement and shall be binding upon all future DROP
participants and upon all DROP participant's who have balances in their accounts.Such t
amendments may increase the expense,decrease the account earnings,or limit or restrict
the payout options.
Sec.2-310.12. Death while in city employment; elective survivor pension.
(a) Each member may,on a form provided for that purpose, signed and filed with the board of
trustees,designate a beneficiary(or beneficiaries)to receive the benefit, if any,which may be payable in
the event of his/her death,and each designation may be revoked by such member by signing and filing
with the board of trustees a new designation of beneficiary form.
(b) Upon the death of a member who has a valid designation-of-beneficiary in force, the beneficiary,
if living,shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all
respects as if the member had elected Option B at the one hundred(100)percent level provided in Section
2-310.11 and retired the day preceding his/her death, notwithstanding that the m ember may not have
32 '
AGENDA ITEM#7B
FEBRUARY 23,2004
(d) Cessation or Reduction of Contributions.
SUpon the effective date of a participant's commencement of participation in the DROP,the
participant's contributions to the City of Atlantic Beach Police Officers' Retirement System
shall be discontinued.
(e) Benefit Calculation.
' For all City of Atlantic Beach Police Officers' Retirement System purposes, the service and
vesting credits of a participant participating in the DROP shall remain as they existed on
' the effective date of commencement of participation in the DROP. This shall include
current and future Cost of Living Adjustments (COLA) as provided in the City of Atlantic
Beach Code of Ordinances. The participant shall not earn or be credited with any
1 additional vesting credits after beginning DROP participation. Service thereafter shall not
be recognized by the City of Atlantic Beach Police Officers' Retirement System or used for
the calculation or determination of any benefits payable by such Retirement System. The
final average compensation of the participant shall remain as it existed on the effective date
' of commencement of participation in the DROP. Payment for unused Compensatory Time
shall be made when the participant enters the DROP and shall be utilized in determining
the final average compensation. Payment for accrued unused leave (vacation, holiday, etc.)
' shall be made when the participant actually terminates employment with the City.
Earnings thereafter shall not be recognized by the Retirement System or used for the
calculation or determination of any benefits payable by the Retirement System.
(f) Payments to DROP Account. The monthly retirement benefits,including any future
' cost of living increases,that would have been payable had the participant elected to cease
employment and receive a normal retirement benefit shall be deposited into the
participant's DROP account.
' (g) DROP Account Earnings.
' Earnings of each DROP account shall be in accordance with the self-directed options
selected by the participant and shall continue for up to sixty (60) months at which time all
deposits to the participant's account shall cease. Neither the City, the Retirement System
nor the system's Board of Trustees shall have any responsibility or liability for any of the
self-directed options selected by the participant.
(h) Maximum Participation.
' A participant may participate in the DROP for a maximum of sixty (60) months. At the
conclusion of the sixty (60) months, the participant's DROP account deposits shall cease.
The participant may terminate DROP participation by terminating from covered city
employment on a date prior to sixty (60) months from the date the participant entered the
DROP.
' A participant that elects to participate in the DROP may participate for a maximum of sixty
(60) months. At the conclusion of the maximum time period,the participant's covered city
employment must terminate pursuant to the resignation submitted by the participant as
' part of the DROP application.The participant may terminate DROP participation by
terminating from covered city employment on a date prior to sixty(60) months from the
date the participant entered the DROP.
' (i) Expenses.
' 31
AGENDA ITEM#7B
FEBRUARY 23,2004
satisfied the conditions for retirement. Provided, that if the member had at least five (5) years of credited
service at the time of death, his or her beneficiary shall be entitled to all benefits otherwise payable to the
member at early or normal retirement age paid in the standard benefit form (ten (10)year certain and life
thereafter). Upon a member's retirement, entry into DROP, resignation, or termination as a city employee,
eligibility for the death benefit payable under section 2-310.10 will automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection(a)above, or if
the beneficiary(or beneficiaries) named by a deceased member predeceases the member, the death
benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid
by the board of trustees to the estate of such member, provided that in any of such cases the board of
trustees, in its discretion,may direct that the commuted value of the remaining monthly income payments
be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a
complete discharge of all obligations under the plan with regard to such deceased member and shall not
be subject to a review by anyone,but shall be final, binding, and conclusive on all persons ever interested
hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any
member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children. •
(a) The applicable benefits provided in subsections(b) and(c)of this subsection or, if the member
designated the member's spouse or children, as set forth below,the benefits provided in section 2-310.12,
whichever are greater,shall be paid if a member of the retirement system has five(5) or more years of
credited service and dies while in the employ of the city.The provisions of this section shall not apply in
the case.of death of a member who has a valid designation of beneficiary, other than the member's spouse
or children as set forth below, in force pursuant to section 2-310.132.
(b) The person to whom the deceased member was married at the time of death shall be paid a
pension equal to seventy-five(75)percent of the amount of Option AC-Retirant's life only pension
computed according to the applicable subsection of section 2-310.11,based on the deceased member's
fmal average compensation and credited service.
A surviving spouse's pension shall terminate upon death.
(c) The deceased member's unmarried children under the age of nineteen(19)years,or twenty-three
(23)years if enrolled full-time as a student in an educational institution, shall each be paid an equal share
of a retirant's life only pension benefit computed according to the applicable subsection of section 2-
310.11,based on the deceased member's final average compensation and credited service.The percent
shall be zero(0)percent during periods a pension is being paid in accordance with the provisions of
subsection(b); fifty(50)percent during periods a pension is not being paid in accordance with the
provisions of subsection(b).
A surviving child's pension shall terminate upon attainment of age nineteen(19)years or,if over nineteen
(19)years but less than twenty-three(23)years,upon no longer being enrolled as a full-time student in an
educational institution, marriage, or death,and the pension of each remaining eligible child shall be
recomputed.
•
(Ord.No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.14. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement plan who has not
previously participated in such system, on or after January 1, 1980,shall not exceed one hundred(100)
percent of his/her final average compensation. However,nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
33
AGENDA ITEM#7B
FEBRUARY 23,2001
(b) No member of the system covered by this article who is not now a member of such system shall
be allowed to receive a retirement pension which is, in part or in whole, based upon any service with
respect to which the member is already receiving, or will receive in the future, a retirement pension from
another retirement system or plan; provided that this restriction does not apply to social security benefits
or federal benefits under Chapter 67,Title 10, U.S. Code. '
(c) In no event may a member's annual benefit exceed the lesser of:
(1) Any limits (adjusted for cost of living) in accordance with section 415(d) of the Internal
Revenue Code, but only for the year in which such adjustment is effective); or
(2) Notwithstanding the provisions of paragraph(a) and (b) above, the annual benefit
payable to a member having at least fifteen (15) years of service shall not be less than the
annually adjusted amount provided in the provisions of IRC Section 415(d).
(3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal
Revenue Code shall be disregarded.The limitation on compensation for an "eligible employee"
shall not be less than the amount, which was allowed to be taken into account hereunder as in
effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first
plan year beginning after December 31, 1995.
(4) If the member has less than ten (10)years of service with the employer(as defined in
Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the
Internal Revenue Code), the applicable limitation in subsection(1) or subsection (2) of this
subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one (1).
The numerator of such fraction shall be the number of years, or part thereof, of service with the
employer; the denominator shall be ten(10) years. For purposes of this subsection, annual benefit
means a benefit payable annually in the form of a straight-line annuity with no ancillary or
incidental benefits and with no member or rollover contributions.To the extent that ancillary
benefits are provided, the limits set forth in subsections (1) and(2) of this subsection will be
reduced actuarially, using an interest rate assumption equal to the greater of five (5)percent or the
interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If
distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as
described in subsection(1)of this subsection shall be reduced actuarially using an interest rate
assumption equal to the greater of five (5)percent or the interest rate used in the most recent
annual actuarial valuation; however,retirement benefits shall not be reduced below seventy-five
thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If
retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1)of this
subsection shall be increased actuarially using an interest assumption equal to the lesser of five
(5)percent or the interest rate used in the most recent annual actuarial valuation. For purposes of
this subsection, average annual compensation for a member's three (3) highest paid consecutive
years means the member's greatest aggregate compensation during the period of three(3)
consecutive years in which the individual was an active member of the plan.The special
maximum retirement income limitation applicable to police officers at the normal retirement date
shall be as set forth in Section 415(g) and(h) of the Internal Revenue Code of 1986 and
amendments thereto and such amount shall be adjusted in accordance with regulations
promulgated by the secretary of the treasury or his/her delegate.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.15. Subrogation rights. '
If a member of the retirement system, retirant, or beneficiary becomes entitled to a pension as the result of
an accident or injury caused by the act of a third party, the retirement system shall be subrogated to the I
34 '
AGENDA ITEM#7B
' FEBRUARY 23,2004
satisfied the conditions for retirement. Provided, that if the member had at least five (5)years of credited
' service at the time of death, his or her beneficiary shall be entitled to all benefits otherwise payable to the
member at early or normal retirement age paid in the standard benefit form (ten(10)year certain and life
thereafter). Upon a member's retirement, entry into DROP, resignation, or termination as a city employee,
' eligibility for the death benefit payable under section 2-310.10 will automatically terminate.
(c) If a member failed to name a beneficiary in the manner prescribed in subsection(a)above, or if
' the beneficiary(or beneficiaries)named by a deceased member predeceases the member,the death
benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid
by the board of trustees to the estate of such member, provided that in any of such cases the board of
' trustees, in its discretion,may direct that the commuted value of the remaining monthly income payments
be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a
complete discharge of all obligations under the plan with regard to such deceased member and shall not
be subject to a review by anyone,but shall be final,binding, and conclusive on all persons ever interested
hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any
member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries.
(Ord.No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children.
' (a) The applicable benefits provided in subsections(b)and(c)of this subsection or,if the member
designated the member's spouse or children,as set forth below,the benefits provided in section 2-310.12,
whichever are greater,shall be paid if a member of the retirement system has five(5)or more years of
' credited service and dies while in the employ of the city.The provisions of this section shall not apply in
the case of death of a member who has a valid designation of beneficiary, other than the member's spouse
or children as set forth below, in force pursuant to section 2-310.13.2.
(b) The person to whom the deceased member was married at the time of death shall be paid a
pension equal to seventy-five(75)percent of the amount of Option AC-Retirant's life only pension
computed according to the applicable subsection of section 2-310.11,based on the deceased member's
final average compensation and credited service.
A surviving spouse's pension shall terminate upon death.
t (c) The deceased member's unmarried children under the age of nineteen(19)years,or twenty-three
(23)years if enrolled full-time as a student in an educational institution,shall each be paid an equal share
' of a retirant's life only pension benefit computed according to the applicable subsection of section 2-
310.11,based on the deceased member's final average compensation and credited service.The percent
shall be zero(0)percent during periods a pension is being paid in accordance with the provisions of
' subsection(b); fifty(50)percent during periods a pension is not being paid in accordance with the
provisions of subsection(b).
A surviving child's pension shall terminate upon attainment of age nineteen(19)years or,if over nineteen
' (19)years but less than twenty-three(23)years,upon no longer being enrolled as a full-time student in an
educational institution,marriage, or death,and the pension of each remaining eligible child shall be
recomputed.
' (Ord.No. 58-99-26, § 2,7-10-00)
Sec. 2-310.14. Maximum amount of pension.
(a) The normal retirement pension payable to a member of the retirement plan who has not
previously participated in such system, on or after January 1, 1980,shall not exceed one hundred(100)
percent of his/her final average compensation.However,nothing contained in this section shall apply to
supplemental retirement benefits or to pension increases attributable to cost-of-living increases or
adjustments.
' 33
AGENDA ITEM #7B
FEBRUARY 23, 2004
rights of such member, retirant or beneficiary against such third party to the extent of pensions which the
retirement system pays or becomes liable to pay on account of such accident or injury.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.16. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided in section 2-
310.27, state funding provided for in F.S. § 185.08, contributions from the city, and other income sources
as authorized by law.
(b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. §
185.08, which moneys shall be deposited in the fund within five (5) calendar days of receipt be the city
with the understanding that these premium tax revenues shall be deposited into and become an integral
part of this fund and may not be used for any other purpose.
(c) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which,
together with the member contributions provided for in section 2-310.27 and the state premium taxes
funding provided for in subsection (b) and other income sources as authorized by law, sufficient to meet
the normal cost of the plan and to fund the actuarial deficiency over a period of not more than thirty (30)
years, as determined by the Florida Statutes required annual actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance with generally
accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of
trustees.shall from time to time adopt.The board shall annually certify to the city the contributions
determined according to this section, and the city shall appropriate and pay to the retirement system, the
contributions so certified.
(d) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and
consistent with Florida Statutes and the Internal Revenue Code.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.17. Investment of retirement system assets.
The board of trustees shall be the trustee of the monies and assets of the retirement system.The board
shall have full power and authority, in their sole discretion;to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine.The
trustees may sell, exchange or otherwise dispose of such investments at any time.The trustees shall have
the authority, in respect to any stocks, bonds,or other property, real or personal,held by them as trustees,
to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning
similar stocks, bonds, or other property in his own right.The trustees are authorized to invest in those
stocks, bonds, and other securities permitted by the investment policies or guidelines adopted by the
trustees in compliance with all requirements and limitations of Chapter 185, of the Florida Statutes.
(a) Delegation and allocation of investment functions.
(1) The trustees shall have the power and authority to appoint one (1) or more investment
managers who shall be responsible for the management, acquisition, disposition, investing, and
reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such
appointment may be terminated by the trustees upon written notice.The fees of such investment
manager shall be paid out of the trust fund.The trustees shall require that the investment manager
acknowledge in writing that it is a named fiduciary with respect to the plan.
(2) In connection with any allocation or delegation of investment functions under this
section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines
that comply with all requirements and limitations of Chapter 185 of the Florida Statutes.
35
AGENDA ITEM#7B
FEBRUARY 23,2004 I
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.18. Expenses.
The expenses of administering the retirement system, including the premiums for fiduciary liability and
waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the
Plan city.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.19. Method of making payments.
All payments under this division shall be made according to the provisions of the city charter and city
ordinances governing the disbursement of city monies. No payment shall be made that has not been
authorized by . • . - • -•-_ . • the board of trustees.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.20. Assignments prohibited.
(a) Generally.The right of a person to a pension, disability, death, or survivor benefit, and any other
right accrued or accruing to any person under the provisions of this division and any monies in assets
belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be ,
unassignable except as is specifically provided in this division. If a member is covered under a group
insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be
permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may
authorize the board of trustees to deduct required payments to continue coverage under the group
insurance or prepayment plan.The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant, or beneficiary in addition to any other remedies,
including forfeiture of benefits,provided by law.
(b) Direct transfers of eligible rollover distributions.This subsection applies to distributions made on
or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to
an eligible retirement plan specified by the distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or.any portion of the balance to the
credit of the distributee,except that an eligible rollover distribution does not include any distribution that
is one (1) of a series of substantially equal periodic payments (not less frequently than annually)made for
the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee
and the distributee's designated beneficiary or for a specified period of ten(10)years or more; any
distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income (determined without
regard to the exclusion for net unrealized appreciation with respect to employer securities). ,
(2) "Eligible retirement" means an individual retirement account described in Section 408(a)of the
Internal Revenue Code, an individual retirement annuity described in Section 408(b)of the Internal
Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified
trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible
rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or individual retirement annuity.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.21. Errors.
36
AGENDA ITEM #7B
FEBRUARY 23,2004
rights of such member, retirant or beneficiary against such third party to the extent of pensions which the
' retirement system pays or becomes liable to pay on account of such accident or injury.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.16. City contribution.
(a) The plan shall be funded by contributions from member contributions, as provided in section 2-
310.27, state funding provided for in F.S. § 185.08,contributions from the city, and other income sources
as authorized by law.
' (b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. §
185.08, which moneys shall be deposited in the fund within five (5) calendar days of receipt be the city
with the understanding that these premium tax revenues shall be deposited into and become an integral
part of this fund and may not be used for any other purpose.
(c) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which,
together with the member contributions provided for in section 2-310.27 and the state premium taxes
funding provided for in subsection (b) and other income sources as authorized by law, sufficient to meet
the normal cost of the plan and to fund the actuarial deficiency over a period of not more than thirty (30)
years, as determined by the Florida Statutes required aa-l-actuarial valuation.
Such contributions shall be computed as level percents of member payroll in accordance with generally
accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of
trustees shall from time to time adopt.The board shall annually certify to the city the contributions
determined according to this section, and the city shall appropriate and pay to the retirement system, the
contributions so certified.
(d) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and
consistent with Florida Statutes and the Internal Revenue Code.
I (Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.17. Investment of retirement system assets.
' The board of trustees shall be the trustee of the monies and assets of the retirement system. The board
shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not
necessary for current expenditures or liquid reserves, as they may from time to time determine. The
trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have
the authority, in respect to any stocks,bonds,or other property, real or personal,held by them as trustees,
to exercise all such rights,powers and privileges as might be lawfully exercised by any person owning
similar stocks, bonds, or other property in his own right.The trustees are authorized to invest in those
stocks,bonds, and other securities permitted by the investment policies or guidelines adopted by the
trustees in compliance with all requirements and limitations of Chapter 185, of the Florida Statutes.
(a) Delegation and allocation of investment functions.
' (1) The trustees shall have the power and authority to appoint one (1)or more investment
managers who shall be responsible for the management, acquisition, disposition, investing, and
reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such
appointment may be terminated by the trustees upon written notice.The fees of such investment
I manager shall be paid out of the trust fund.The trustees shall require that the investment manager
acknowledge in writing that it is a named fiduciary with respect to the plan.
I I (2) In connection with any allocation or delegation of investment functions under this
section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines
that comply with all requirements and limitations of Chapter 185 of the Florida Statutes.
' 35
AGENDA ITEM #7B
FEBRUARY 23,2004
Should the board of trustees determine that any member, retirant, or beneficiary is being paid from the
retirement system more or less than is correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which
the member, retirant, or beneficiary was correctly entitled shall be paid.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.22. Protection against fraud; forfeiture.
(a) Whoever willfully and knowingly makes, or causes to be made, or assists, conspires with, or
urges another to make, or causes to be made, any false, fraudulent, or misleading oral or written
statement, or withholds or conceals material information with the intent to obtain any benefit available
under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member
convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right
to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For
purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or
trial,regardless of whether adjudication is withheld.
(b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified offense
committed prior to retirement, or whose employment is terminated by reason of an admitted commission,
aid, or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except
for return of accumulated contributions as of his/her date of termination.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.23. Response to claims and inquiries.
All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the
board of trustees.
(Ord.No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.24. Denial of benefits.
If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be
furnished with a notice of denial, suspension, or termination no later than thirty(30) days after the final
decision has been made.The notice shall be provided in writing, by certified mail, and shall set forth:
(1) The specific reasons for the denial,suspension,, or termination of benefits;
(2) The specific references to the pertinent provisions of the pension plan upon which the action is
based and a copy of the pension plan provisions shall be furnished with this notice;
(3) A description of any additional material or information necessary for the claimant to perfect the
claim, along with an explanation of why such material or information is necessary; and
(4) An explanation of the claims review procedure.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.25. Claim review procedure.
(a) Requests for review. If a claim for benefits is denied, suspended or terminated, in whole or in
part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an
appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial,
suspension, or termination is received by the claimant (or such later time as the board of trustees deems
reasonable).The notice of appeal shall briefly describe the grounds upon which the appeal is based on
shall be signed by the claimant. The claimant shall be allowed to review all pertinent documents during
37
AGENDA ITEM#7B
FEBRUARY 23,2004
normal business hours, and shall be permitted to submit comments and a statement of issues for
consideration by the board of trustees.
(b) Representation. A claimant may designate an attorney or any other duly authorized person to act
as his or her representative at any stage of the claims review procedure. Any rights provided to the
claimant during the claims review procedure shall automatically extend to the representative designated
by the claimant. A designation of representative shall be signed by the claimant and the representative,
and shall be submitted in writing.
(c) Claims review board.The board of trustees shall rule on all appeals brought under this section. A
decision to grant or deny an appeal shall be based solely on the record before the board of trustees, unless
the board of trustees determines, in its sole discretion, that a hearing is necessary for the proper resolution
of the appeal.The board of trustees shall decide, by majority vote, to grant or deny an appeal.The final
decision shall be made by the board of trustees, in writing, and shall be made no later than sixty(60) days
after receipt of the notice of appeal, unless special circumstances (such as the need for a hearing) require
an extension of time. In no event, however, should the decision of the board of trustees be made later than
one hundred twenty (120) days after receipt of the notice of appeal. If an appeal is denied, in whole or in
part, then the decision shall set forth the specific reasons for the action, with specific references to those
pension plan provisions upon which the decision is based.The claimant shall be promptly provided with a
copy of this decision.The decision of the board of trustees shall be final and binding.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.26. Exhaustion of claims review procedure.
No action in law or in equity shall be brought to contest a denial, suspension, or termination of benefits
until the claimant has complied with the procedures provided in section 2-310.25, unless the board of
trustees fails to render a decision as provided in 2 298(c)310.27(c). In no case, however, shall any action
be brought unless instituted within one(1)year from the time the claimant received the notice of denial,
suspension or termination provided in section 2-310.24.
(Ord.No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.27. Member contributions. '
(a) Member contributions for benefit group police bargaining unit members covered by the current
collective bargaining unit collective bargaining agreement shall be one(1) percent of salary and for other
benefit group police members shall be four and eight hundred fifteen thousandths(4.815) percent of
salary, which said contribution shall be deducted from the member's pay and paid over into the retirement
system each pay period. '
(b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu
of payroll deductions from members'earnings.No member shall have the option of choosing to receive
the contributed amounts directly instead of having them paid by the city directly to the retirement system.
All such contributions by the city shall be deemed and considered as part of the member's contributions
and subject to all provisions of this plan pertaining to contributions of members. Such contributions shall
additionally be considered as part of the member's compensation for purposes of determining final
average compensation and other benefits hereunder and for determining the member's hourly wage rate
for purposes of FICA contributions, worker's compensation, and overtime compensation.This city pick
up of contributions is a result of a commensurate reduction of each member's pay and is intended to
comply with Section 414(h)(2) of the Internal Revenue Code.
(c) If an employee leaves the service of the city before accumulating aggregate time of five (5)years '
towards retirement and before being eligible to retire under the provisions of this article he/she shall be
entitled to a refund of all of his/her contributions made to the city pension trust fund, plus any interest
accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits '
paid to him/her. Any such member may voluntarily leave his or her contributions in the fund for a period
38 1
AGENDA ITEM #7B
1 FEBRUARY 23,2004
Should the board of trustees determine that any member, retirant, or beneficiary is being paid from the
' retirement system more or less than is correct, the board of trustees shall correct the error and, as far as
practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which
the member, retirant, or beneficiary was correctly entitled shall be paid.
' (Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.22. Protection against fraud; forfeiture.
(a) Whoever willfully and knowingly makes, or causes to be made, or assists, conspires with, or
urges another to make, or causes to be made, any false, fraudulent, or misleading oral or written
' statement, or withholds or conceals material information with the intent to obtain any benefit available
under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member
convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right
to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For
purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or
trial, regardless of whether adjudication is withheld.
(b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified offense
committed prior to retirement, or whose employment is terminated by reason of an admitted commission,
aid, or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except
' for return of accumulated contributions as of his/her date of termination.
(Ord. No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.23. Response to claims and inquiries.
All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the
' board of trustees.
(Ord.No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.24. Denial of benefits.
If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be
furnished with a notice of denial, suspension, or termination no later than thirty (30) days after the final
' decision has been made.The notice shall be provided in writing, by certified mail, and shall set forth:
(1) The specific reasons for the denial, suspension, or termination of benefits;
(2) The specific references to the pertinent provisions of the pension plan upon which the action is
based and a copy of the pension plan provisions shall be furnished with this notice;
' (3) A description of any additional material or information necessary for the claimant to perfect the
claim, along with an explanation of why such material or information is necessary; and
(4) An explanation of the claims review procedure.
(Ord. No. 58-99-26, § 2, 7-10-00)
' Sec. 2-310.25. Claim review procedure.
(a) Requests for review. If a claim for benefits is denied, suspended or terminated, in whole or in
1 part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an
appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial,
suspension, or termination is received by the claimant(or such later time as the board of trustees deems
' reasonable).The notice of appeal shall briefly describe the grounds upon which the appeal is based on
shall be signed by the claimant.The claimant shall be allowed to review all pertinent documents during
' 37
AGENDA ITEM #7B
FEBRUARY 23,200.1
of five (5) years after leaving the employ of the police department pending the possibility of his or her
being rehired by the same department, without losing credit for the time he or she has participated
actively as a police officer. If he or she is not reemployed as a police officer with the same department
within five (5) years, his or her contributions shall be returned to him or her.
(d) If an employee who has been in the service of the city for at least five (5) years and has
contributed to the pension trust fund as provided, elects to leave his/her accrued contributions in the trust
fund, such employee, upon attaining the age as required in section 2-310.75, may retire with the actuarial
equivalent of the amount of such retirement income otherwise payable to him/her.
(e) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal
Revenue Service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA, and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in
such form and at such time as the distributing plan administration may prescribe).
The distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-99-26, § 2, 7.-10-00)
Sec. 2-310.28. Benefit limitations and required distributions.
(a) Benefits paid under this city police officer employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by
reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be
in accordance with the following requirements and otherwise comply with Internal Revenue Code Section
401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference:
(1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
year following the later of the calendar year in which the member attains age seventy and one-
half(70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a
member must begin no later than the applicable April 1, as determined under the preceding
sentence, and must be made over the life of the member(or the life expectancies of the member
and the member's designated beneficiary) in accordance with regulations.
(2) Distributions to a member and his/her beneficiary shall only be made in accordance with
the incidental death benefit requirements of[Internal Revenue] Code Section 401(a)(9)(G) and
the regulations thereunder.
(Ord. No. 58-99-26, § 2, 7-10-00)
997 b. a., . . . .. .
to 3
39
AGENDA ITEM#7B
FEBRUARY 23,2004
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40 I
AGENDA ITEM #7B
I
FEBRUARY 23,2004
of five (5) years after leaving the employ of the police department pending the possibility of his or her
I being rehired by the same department, without losing credit for the time he or she has participated
actively as a police officer. If he or she is not reemployed as a police officer with the same department
within five (5)years, his or her contributions shall be returned to him or her.
I
(d) If an employee who has been in the service of the city for at least five (5) years and has
contributed to the pension trust fund as provided, elects to leave his/her accrued contributions in the trust
I fund, such employee, upon attaining the age as required in section 2-310.15, may retire with the actuarial
equivalent of the amount of such retirement income otherwise payable to him/her.
I (e) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal
Revenue Service;
I
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA, and
1
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid(in
such form and at such time as the distributing plan administration may prescribe).
IThe distribution will be made in the form of a direct trustee-to-trustee transfer to the specified
eligible retirement plan.
I (Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-310.28. Benefit limitations and required distributions.
I
(a) Benefits paid under this city police officer employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by
reference.
I
(b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be
in accordance with the following requirements and otherwise comply with Internal Revenue Code Section
I401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference:
(1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar
I year following the later of the calendar year in which the member attains age seventy and one-
half(70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a
member must begin no later than the applicable April 1, as determined under the preceding
I sentence, and must be made over the life of the member(or the life expectancies of the member
and the member's designated beneficiary) in accordance with regulations.
(2) Distributions to a member and his/her beneficiary shall only be made in accordance with
I the incidental death benefit requirements of[Internal Revenue] Code Section 401(a)(9)(G) and
the regulations thereunder.
(Ord. No. 58-99-26, § 2, 7-10-00)
1
•
I . . • . . .. . , . . • . . . • • . . . .• •• . •.
I39
AGENDA ITEM#7B
FEBRUARY 23,2004
Ordinance No. 58-04-29
PASSED by the City Commission on first reading this day of 2004.
PASSED by the City Commission on second and final reading this day of 2004.
ATTEST:
Maureen King, City Clerk John Meserve,Mayor
' Approved as to form and correctness:
1
Alan Jensen, City Attorney
LEGEND: Underlining is new language
r
I
I
I
1 41
' AGENDA ITEM#7C
FEBRUARY 23,2004
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Amendment to Chapter 6 Buildings and Building Regulations
SUBMITTED BY: Don Ford
' DATE: 02/17/04
' BACKGROUND: The Building and Code Enforcement offices have received
several complaints pertaining to the control of trash, dumpster
locations, portable toilet locations, parking on construction
' sites and general lack of site management. In response to these
complaints we have developed a draft ordinance to better
control these areas and give the contractor a set of guidelines to
' follow in managing construction sites. We have reviewed other
cities ordinances to create an ordinance for Atlantic Beach.
The city we found with the most comprehensive ordinance was
Naples, FL. Additional information came from Boca Raton,
Anna Maria, Jupiter Inlet, Margate and Key West.
' With the adoption of the proposed ordinance prior to being
issued a permit, contractors will be required to submit a site
management plan. This plan will include parking for
construction traffic, fencing, portable toilets, portable
buildings, traffic control on adjacent streets, hours of
operation, material storage, signage, etc.
BUDGET: N/A These inspections can be completed during regular
scheduled inspections.
ATTACHMENTS: Proposed Ordinance.
RECOMMENDATION: Consider proposed ordinance and schedule for first reading.
REVIEWED BY CITY
' MANAGER:
' AGENDA ITEM#7C
FEBRUARY 23,2004
1
ORDINANCE NO: 25-04-35
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 6, ARTICLE 2, BUILDING CODES, TO ADD A NEW SEC. 6-18
CONSTRUCTION SITE MANAGEMENT, TO INCLUDE A CONSTRUCTION SITE
' MANAGEMENT PLAN
' NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
Chapter 6, Article 2, is hereby amended to add a new Sec. 6-18 which shall read as
follows:
Sec. 6-18. Construction site management.
' (a) No building permit shall be issued unless a construction site management
plan has been submitted and approved by the building official. Persons
who intend to make any of the following improvements: lot clearing,
' grading, stockpiling of soil, demolition, building construction or
reconstruction, building alteration or addition shall designate either a
licensed contractor or owner-builder for the purposes of the construction
site management requirements. These requirements set minimum
standards for the operation of the project site to eliminate or minimize
impacts to the site and to the neighborhood to include containment of
' sediment, surface water discharge, erosion of soil, vehicle parking and
loading area, traffic control, fencing, placement of materials, safety,
neatness and cleanliness.
(b) Contractor shall submit a construction site management plan with a
building permit application which includes the following submittal
' requirements unless waived by the building official:
(1) Location of proposed demolition.
(2) Grading and drainage surface water management plan for street
and project site, Chapter 24, Article III, Division 3, Section 24-67
including:
a. Drainage plan during construction in compliance with
' subsection (d).
b. Final grading and drainage plan upon completion of
construction for street and project site in compliance with
Chapter 22, Utilities and approval by Public Works.
AGENDA ITEM#7C
FEBRUARY 23,2004
Ordinance 25-04-35
Page 2
(3) Parking plan, including:
i. Location of onsite and abutting street parking area.
ii. Offsite parking plan in compliance with subsection (e)(4)
and the following:
1. A single access with dimensions;
2. Buffering for adjacent waterways and streets, as
approved by the building official;
3. A temporary fence location, height and type of
fence with screening;
b. Fencing plan, showing location, height and type of fence with
screening or evidence that proposed construction does not
warrant a construction fence in compliance with subsection (g)
(6) as determined by the building official.
c. Location of construction trailer(s), loading/unloading area and
material storage area.
d. Location of chemical toilet(s).
' e. Location of dumpster.
f. Traffic control plan, showing access with dimensions, area to be
' stabilized, narrative on phasing of construction with provision of
adequate parking and delivery of materials.
' g. Other activities, where special conditions are identified by the
building official.
' (4) Approval/waivers. The building official shall review, approve or deny
the construction site management plan. The building official is hereby
authorized to grant waivers from submittal requirements and
' corresponding standards:
a. If the requirement is unrelated to proposed development, or
' b. If the impact of the proposed development is negligible in the
that submittal requirement area.
1
AGENDA ITEM#7C
FEBRUARY 23,2004
Ordinance 25-04-35
Page 3
(5) Parking during development of project.
' a. Parkingon-site. Contractor shallprovide for parkingon the
project site and abutting right-of-way to the greatest degree
Ipossible. Alternative parking sites may include adjacent vacant
lot or offsite parking lots in the immediate area as approved in
the construction site management plan.
b. Access. Use of the public right-of-way for access to and from
' the project site as shown on the construction site management
plan shall be strictly managed by the contractor. Contractor
shall maintain the public street adjacent to the project site free
' of dirt, sand or any other debris resulting from construction
activities. The public right-of-way adjacent to the project site
shall be broom swept on a regular basis keeping it free of dirt,
sand and other debris. Failure to remove said material on the
day of occurrence is a violation.
' c. Temporary graveled or stabilized area for construction access
and parking. Contractor shall provide a graveled or stabilized
area as shown in the construction site management plan. The
stabilized area shall be located at points where vehicles enter
and exit the construction site and the parking location. When a
right-of-way area is used for parking, the contractor shall
provide a graveled or stabilized area on the right-of-way. Upon
completion of the project, the contractor shall restore the right-of
way to its original condition or better. The purpose of the
graveled or stabilized area at the entrance to the project site is
to eliminate and reduce tracking or flow of sand, mud, concrete
wash or other related material onto the right-of-way.
d. Offsite parking. If the construction site management plan
illustrates proposed parking in the right-of-way, the application
I shall be accompanied by a city right-of-way permit. The building
official may temporarily permit offsite parking on vacant lots
other than the project site with the written permission of the
' owner of the lot where the vehicles are to be parked and in
compliance with the following standards:
i. Compliance with the construction site management plan.
ii. The lot shall be used for parking only.
1
AGENDA ITEM#7C
FEBRUARY 23, 2004
Ordinance 25-04-35
Page 4
iii. There shall be no storage of materials, trailers or
construction equipment.
iv. There shall be no loading and unloading of materials or
machinery.
v. Parking within the right-of-way abutting the off-site
parking lot may be approved by the building official.
Sufficient ingress and egress to the vacant lot must be
maintained.
vi. A temporary six-foot fence with fabric or screen or other
materials as approved by the building official shall be
located at the front, side, and rear lot line of the
temporary parking area except where a lot line is located
on the water. Where a lot line is along the water, the
fence shall be placed no closer to the water than the yard
setback line and shall not exceed three feet in height.
The fence gate shall remain locked during non-working
hours. The fencing shall remain on-site until the off-site
parking is no longer needed to complete the project site
and shall be removed prior to issuance of a certificate of
occupancy for the project site.
vii. The offsite parking shall occur no earlier than 7:00 a.m.
and no later than 6:30 p.m.. Loitering is prohibited.
viii. The offsite parking lot shall be restored to its original
condition prior to issuance of a certificate of occupancy
for the project site and shall include proper grading,
replacement of trees, planting of grass and other
landscape material as approved by the property owner.
(6) Material storage. Material associated with the project site including
equipment shall be neatly stored on the site (within the fenced area
when applicable). The storage of material shall not obstruct access to
the structure under construction or create a public safety hazard. All
loading or unloading of materials and/or equipment is limited to the
construction site and adjacent right-of-way.
(7) Construction fencing. A project site that meets the following standards
is required to install a construction fence which means a temporary six-
foot chain link fence with fabric, or other screening material.
AGENDA ITEM #7C
FEBRUARY 23,2004
Ordinance 25-04-35
' Page 5
a. Clearing, grading or demolition. A construction fence is required
where clearing, grading, stockpiling of soil or demolition is
' proposed as follows:
i. A lot located in the residential or commercial zoning
' districts shall install a fence on the front, side, and rear lot
lines prior to commencement of clearing, grading or
demolition. Fencing may be removed upon final
1 electrical inspection.
ii. All other lots shall install a fence on the side and rear lot
' lines. Fencing may be removed upon final electrical
inspection.
' b. Major remodeling shall mean an increase in the building volume
of 10,000 cubic feet or more; or an increase in the building
footprint of 1,000 square feet or more; or new construction with
' a building footprint of 1,000 square feet or more. A construction
fence is required for major remodeling as follows:
' i. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
lines. Fencing may be removed upon final electrical
inspection;
ii. All other lots shall install a fence on the side and rear lot
' lines. Fencing may be removed upon final electrical
inspection;
I •
c. Major alteration shall mean where 50 percent or more of the
gross square footage of an existing structure is proposed for
reconstruction, rehabilitation, removal of wall(s), alteration or
' other improvement excluding replacement of the roof: A
construction fence is required for major alteration as follows:
ri. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
lines. Fencing may be removed upon final electrical
' inspection.
ii. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
1
' AGENDA ITEM#7C
FEBRUARY 23,2004
Ordinance 25-04-35
Page 6
d. Exception from six-foot height requirement.
i. Where a construction fence is required and the property
line is located on the water in any zoning district, that
' portion of the construction fence along the water shall be
located no closer than the yard setback line at a height
no higher than three feet.
' ii. In a zoning on a waterfront facing the rear yard lot, the
side lot line fence shall be lowered to three feet for that
1 portion which is the greater of:
1. 30 feet from the mean highwater line; or
2. 30 feet from the platted waterfront building line
' e. Alternative to fence. An existing hedge or visual barrier of at
least six feet in height along any lot line may be considered an
equivalent of the construction fence. The contractor shall make
' this request in writing to the building official.
f. Exception to installation of construction fence. Where a
' construction fence would be required for a residential lot
pursuant to subsection (1)b., (2)b, or (3)b. and contractor
obtains a construction fence waiver from the adjacent property
owner or tenant that abuts the project site, the building official
may waive the requirement for all or a portion of the
construction fence.
' g. Installation. Installation of a construction fence shall occur prior
to any construction activity or material deliveries. The fence
shall not be placed so as to create a public safety hazard.
Where the project site is enclosed by a fence, the fence gate
shall be locked during non-working hours.
' (8) Signs. A 12" X 18" sign shall beposted bythe contractor on the
project site in the location approved on the construction site
' management plan which is readable from the street. The sign shall
contain the street address of the property, phone number for the City of
' Atlantic Beach and the name and phone number of the general
contractor. The sign is exempt from Chapter 17. This sign shall be
maintained in a readable condition until completion of construction.
AGENDA ITEM#7C
FEBRUARY 23,2004
Ordinance 25-04-35
Page 7
(9) Site cleanliness. Contractor shall have the entire construction site
cleaned by Friday of each week. Cleaning for purposes of this section
means, without limitation, removal and placement into a dumpster of
scrap lumber, concrete remnants and roof tile from the project site.
' The project site shall be free of all loose debris such as cans, metal,
plastic and paper.
(10) Temporary trailer. When a temporary trailer is proposed and a
construction fence is required, it shall be located on the project site
within the fence at the location shown on the construction site
111 management plan.
' (11) Chemical toilets. Chemical toilets shall be located inside the project
fence and accessible for servicing. Where a fence is not required, the
contractor shall locate the chemical toilet facing towards the rear of the
' project site and no further than 15 feet from the structure under
construction except where another location has been authorized by the
building official due to the size of the lot and ease of access to the
' chemical toilet.
(12) Landscaping. Damage to any landscaping on an abutting or adjacent
' property as a result of the construction shall be replaced and restored
at the contractors expense to its original condition. Failure to replace
and repair is a violation.
' (13) Dumpster. Construction site dumpster shall be located inside the
fence. Where a fence is not required, it shall be located on the project
' site. The dumpster shall be emptied in a timely fashion so there is no
overflow of debris or litter. All dumpsters will have tarp covers or rigid
covers during windy days. Prior to a certificate of occupancy being
' issued, the dumpster shall be removed from the site.
(14) Limitation of certain construction activities. Pile driving and steel
' erection activity shall be limited to Monday through Friday, excluding
federal holidays, during the hours between 7:00 8:00 a.m. in the
morning until 4:0O 5:00 p.m. in the evening. Demolition activity shall
' be limited to Monday through Friday, excluding federal holidays, during
scheduled work hours between 7:00 8:00 a.m. in the morning and 6:30
5:00 p.m. in the evening.
(15) Construction related traffic control. A contractor, owner, vehicle
operator or any persons associated with the project site who impedes
or obstructs the public right-of-way shall be in violation of this Code.
AGENDA ITEM#7C
FEBRUARY 23,2004
Ordinance 25-04-35
' Page 8
' Parking, loading, unloading or any related activity on the public right-
of-way is prohibited unless consistent with section.
' (16) Weather emergency. It is the responsibility of the contractor to
remove construction materials from the project site or secure
construction materials at the project site commencing with issuance of
a tropical storm or hurricane warning announcement until the time set
forth in Subsection (4).
' a. Declaration. When the National Weather Service, National
Hurricane Center or appropriate weather agency declare a tropical
storm warning or a hurricane warning for any portion of Duval
' County, Florida, all construction materials, including roof tiles, on
all project sites within the city shall be secured and stored onsite in
a safe manner or removed so that no material can become a
Isafety hazard with hurricane or tropical storm force winds.
b. Notice. Media broadcasts or notices issued by the National
Weather Service or National Hurricane Center of a tropical storm
warning or a hurricane warning is hereby deemed notice to the
contractor. The contractor is responsible for the project site by
securing onsite or removing from the site any construction
' materials or debris to protect against the effect of hurricane or
tropical storm force winds. By holding a building permit during
hurricane season, contractor shall monitor the National Weather
Service and the National Hurricane Center for weather
emergencies.
c. Materials. Materials stockpiled on top of any structure under
' construction shall be handled as follows:
i. Band construction materials together and fasten them to the
' top of the structure in such a manner to prevent the material
from becoming airborne during a tropical storm or hurricane;
or
' ii. Remove construction materials from the top of the structure
and secure them to the ground; or
' iii. Remove construction materials from the jroector
p site;
' iv. Store construction materials inside a structure if said
structure is secure from tropical or hurricane force wind
' loads.
AGENDA ITEM#7C
FEBRUARY 23,2004
L
Ordinance 25-04-35
Page 9
d. Construction materials, debris or any material capable of
' becoming airborne shall remain secured and stored on the project
site or shall be removed from the project site until the National
Weather Service or National Hurricane Center has removed all
' portions of Collier County from those areas included in a tropical
storm warning or hurricane warning.
' (e) Nuisance. A nuisance maintained on a project site is a violation of
this Code.
PASSED by the City Commission on first reading this day of 2004.
' PASSED by the Commission on second and final reading this day of
2004.
ATTEST:
Maureen King, CityClerk John Meserve, Mayor
Approved as to form and correctness:
' Alan Jensen, City Attorney
LEGEND: Underlining-is new language
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AGENDA ITEM #8B
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
a AGENDA ITEM: Approve renewal of Health Insurance with BlueCross BlueShield
(BC/BS) of Florida effective April 1, 2004 for a one year period,
retain the current benefits and employee contribution rates, and
change the effective date of coverage for new employees.
SUBMITTED BY: George Foster, Human Resource Manager
' DATE: February 17, 2004
' BACKGROUND: In April 2002, the City changed it's health insurance from AHL to
BC/BS after a proposal was received from BC/BS and other health
insurance providers declined to bid.
' BC/BS has advised that based upon the City's potential claim
experience, that they are unable to reduce the City's premium
rates; however, there will be no rate increases.
In July, 2003, a Pension Committee provided a report to the
' Commission for changes to the City's benefit programs (see
attached). One recommendation was to delay the effective date of
health insurance coverage from "the first day of the month
' following the month of hire" to "the first day of the third month
following the month that the employee is hired". This action was
recommended to discourage individuals from seeking employment
' with the City for the primary reason of obtaining immediate health
insurance coverage. The most opportune time to implement this
change is upon renewal of our insurance April 1, 2004,
FUNDING: Funds for these actions are currently within the approved budget.
' The implementation of a delay to health insurance coverage will
result in an estimated savings of$35,000 annually.
' RECOMMENDATIONS: 1. That the City Commission authorize the City to renew health
insurance with BC/BS effective April 1, 2004.
' 2. That the City Commission retain the current benefits and
City/employee contribution amounts.
3. That the City Commission authorize a change to the effective
date of health insurance coverage from "the first day of the
month following the date of hire" to "the first day of the third
month following the month that the employee is hired".
ATTACHMENTS: 1. City/ Employee premium cost comparison
2. Pension Committee Report and Recommendations
' CITY MANAGER:
I AGENDA ITEM#8B
FEBRUARY 23,2004
BLUE CROSS / BLUE SHIELD
1 HEALTH INSURANCE PREMIUM
APRIL 1, 2003 - MARCH 31, 2004
I
IBC/BS HMO BlueCare#14 effective April 1, 2003
I
Employee City
Coverage Monthly Pays Pays
Employee 497.82 00.00 497.82
IEmp/Children 958.29 107.28 851.01
Emp/Spouse 1,020.52 153.20 867.32
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Emp/Family 1,480.99 317.60 1,163.39
IBC/BS BlueChoice Plan #108 effective April 1, 2003
I
Employee City
Coverage Monthly Pays Pays
Employee 547.60 00.00 547.60
I Emp/Children 1,054.13 195.34 858.79
Emp/Spouse 1,122.57 245.74 876.83
Emp/Family 1,629.10 509.28 1,119.82
I
INote: The above rates are the same as the rates from April 1, 2002—March 2003.
I
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H:\oldpc\MyFiles\02-Health Insurance\Health Cost For 04-01-2002.doc
' AGENDA ITEM#8B
FEBRUARY 23,2004
' PENSION COMMITTEE REPORT AND RECOMMENDATIONS
' JULY 14, 2003
BACKGROUND AND OBJECTIVES:
On October 14, 2002, the City Commission established a Pension Review Committee
' consisting of Commissioner Mike Bomo and Pension Board Member Ed Lipscomb to
review the benefits provided to City employees, specifically: Should the City add a 30
year, any age, retirement option to the current General Employee retirement eligibility of
' Age 60 with at least 5 years of service. The scope of the review was subsequently
expanded to include a broader evaluation of the employee benefit packages as changes in
any one benefit may have a direct, or indirect, affect on other benefits.
' The committee was not charged with recommending a means of reducing the current cost
of the existing benefit plans. Therefore, the focus was on identifying opportunities to
' reallocate current costs to better achieve the objectives of the benefit plan (listed below).
In evaluating the existing benefit plans, the following criteria were considered. These are
not in priority sequence.
' 1. Employee Retention—How important are each of the benefitlan components to
P P
employees and what is the current degree of satisfaction of employees with the
' existing program.
2. New Employee Recruiting—Do the individual components of the benefits plan
provide an effective tool for management to attract the level of talent needed and
' compete effectively against other employers.
3. Workforce Behavior—Do the existing benefit programs contribute toward
aligning the economic interests of the city and its employees in order to encourage
' behavior which is in the best interest of both.
4. Current and anticipated changes or trends which will influence the future ability
to deliver a current benefit.
1
The individual elements of the benefit plans for both general employees and police which
were evaluated by the committee included the following.
' • 1. Pension
2. Employee Supplemental Investment
' 3. Health and Medical Insurance
4. Flexible Spending Accounts
5. Paid Time Off •
' 6. Holidays
7. Life Insurance
8. Short Term Disability
9. Long Term Disability
10. Overtime Policy
I
- 1 -
AGENDA ITEM#8B
FEBRUARY 23,2004
1 The above elements of the benefit package were evaluated with respect to the four criteria
of employee retention, employee recruiting, workforce behavior, and anticipated future
' trends affecting the benefit.
Recommendations proposed are based upon six meetings of the committee and after
presentations of representative from Palmer & Cay consulting group and the Pension
. Board attorney Bob Sugarman of Sugarman & Susskind. Recommendations bring
Atlantic Beach's benefit package more in line with those of other area employers, to
' improve the City's ability to recruit and retain employees and better utilize funding
available for employee benefits. It is not intended for there to be either a significant
increase in the City's cost of benefits or an overall change in the amount of benefits
' provided, but rather a shift to reflect the local market. Phasing in these changes is
recommended both to minimize any adverse effects on individual employees and to allow
for identifying funding sources available to the City.
' PENSION PLANS:
' The general employee pension plan is a generous benefit and is very rich by virtually
every measurement. It is a Defined Benefit plan which guarantees a certain payout. All
actuarial and investment risk is born by the city. With a multiplier of 2.85%per year of
' service, an employee can, with 35 years and 1 month of service, retire with a city pension
of 100% of his last 5 year average compensation. The benefit payable to an employee is
capped at 100% of his last 5 year average compensation. Therefore, with a few long term
' employees, they continue to pay into the pension plan with little to no.increase in benefit
• after 35 years.
' In addition, employees are entitled to a social security benefit (50% funded by the city)
which provides a total retirement compensation potential well in excess of their final
compensation at the time of retirement. The plan calls for the employee to complete 5
years service before being vested within the retirement plan.
Employee Retention—The existing plan is highly valued by employees with significant
' years of service and those with the knowledge and sophistication to understand to value
of the benefit provided
' Employee Recruiting— City management does not believe that the pension plan is a
significant decision factor in the recruiting of new employees. The lack of portability in
the plan requires a commitment exceeding that generally contemplated by new hires. The
portability issues can be addressed in a defined contribution plan with a step vesting
schedule.
' Workforce Behavior—The existing plan provides a strong incentive for an employee to
plan a lengthy career with the city. This can provides a win/win for city and employee as
' it encourages continuity. It also can increase costs resulting from over-qualified
individuals remaining in positions that could be filled by lower cost new hires.
- 2 -
AGENDA ITEM#8B
FEBRUARY 23,2004
1 Anticipated Trends — Over the coming years, it is expected that the actuarial tables that
determine in part the city's cost of the pension plan will be revised. This is to reflect the
increased life expectancy of retirees. This will increase the cost to the City as it will
anticipate a longer payment period for retirees. In addition to actuarial tables, investment
assumptions also drive the cost of the pension plan. If, as a result of investment
' performance, there is a decrease in investment earnings assumptions, this could increase
the cost of the plan. On the other hand, an improvement in investment earnings could
reduce the cost of the plan.
IPension Plan Recommendations
a. General Employees:
(1) Retain the current Age 60 with 5 Years of Service (YOS) criteria for
retirement eligibility.
(2) Discontinue employee contribution of two percent (2%) once an employee
reaches their maximum accrual date (currently at 35 years and 1 month of
' service).
(4) Establish a cost neutral 5 year Deferred Retirement Option Plan (DROP).
(5) Establish a Defined Contribution (DC) plan for all new employees while
' retaining the Defined Benefit Plan for current employees.
Note:
A Defined Contribution (DC) plan is a plan where the contribution is defined
' and the benefit is based upon the individual employee's account balance.
A Defined Benefit(DB) plan is a plan where the benefit is defined and the
contribution depends on the variables in order to fund the"promised"
benefit.
•
If a Defined Contribution Plan is not established for new employees:
(1) Increase the contribution rate for all employees.
(2) Decrease the multiplier for new employees to 2.5% (currently 2.85%).
' b. Police Employees: •
' (1) Add additional benefit items as required by FS185 based upon receipt of
sufficient Section 185 funding.
(1) Retain the Defined Benefit plan. The City would lose State Section 185
' funding ($85,719 received for 2001) if changed to a Defined Contribution
plan.
(2) Establish a cost neutral 5 year Deferred Retirement Option Plan (DROP).
' (3) Increase the employee contribution rate for current employees by a one-
time employee salary increase.
(4) Increase the employee contribution rate for new employees.
- 3 -
' AGENDA ITEM#8B
FEBRUARY 23,2004
' EMPLOYEE SUPPLEMENTAL INVESTMENT PLAN:
' The City provides an additional voluntary retirement planning vehicle for individuals
interested in accumulating additional retirement savings. This is similar to a traditional
401K plan and includes no city contribution other than the administrative cost of the plan.
' Recommendation
' No changes to the current voluntary employee ICMA 457 plan.
HEALTH AND MEDICAL INSURANCE:
The city currently provides HMO and PPO medical insurance plans either of which may
be selected at the option of the employee. The City currently pays 100% of the cost of
' the employee coverage and a portion of the cost of dependent coverage. The coverage is
effective on the.first day of the month following the official hire date. The dependent
coverage contribution by the employee is based on historical dollar amounts and is no
' longer commensurate with the total cost of the coverage.
As a result of recent claims experience and relatively small size of the insured employee
population, the premium rates are extremely high with the PPO exceeding the HMO in
cost.
' Employee Retention—The existing plan is highly valued by existing employees and is
believed to be a key reason for the retention of employees.
Employee Recruiting—The current plan is a significant tool in attracting new employees
to work for the City. Management believes that it is sometimes the primary reason for an
employee seeking employment. The experience rating which has driven up the cost.of
' medical insurance to the City may well be evidence of that.
Work Force Behavior—The medical insurance plan provides options that allow access to
I
medical care and prescription drugs at minimal cost. The interests of both the employees
and City are served by maintaining a healthy workforce with minimal absenteeism. The
current plan provides two options including an HMO and a PPO plan. While the cost of
the PPO exceeds that of the HMO, the cost to the employee for employee only coverage
is the same- Zero.
' Anticipated Trends—The annual escalation in medical insurance premiums has
significantly affected the cost of the employee benefit plan. Management believes that
' there is a potential for cost reductions based on improved claims experience. However, it
is prudent to anticipate the potential that costs may stabilize briefly at their current level
and continue the trends seen over the past years. With no cost participation by the
' employee, there is no incentive for an employee with other available coverage to decline
participation in the City funded plan in favor of another plan. If only healthy employees
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AGENDA ITEDI#8B
FEBRUARY 23,2004
Iopted out because of alternate coverage, some of the benefit of reduced premiums may be
lost.
Recommendation
' There is the potential that the City of Jacksonville may allow the City employees to join
their plan. This has major implications and action on recommendations pertaining to
health insurance and related employee benefits (flexible spending accounts, life, vision
' and dental insurance) should be delayed pending receipt of a decision from the City of
Jacksonville on a proposal to allow the City to join Jacksonville's health and benefit
plan(s). Recommendations are as follows:
' a. Change effective date from the first day of the month following the month in
which an employee is hired to first day of the third month following the month
' that the employee is hired.
b. During future premium rate increases/decreases, adjust the percentage that the
City pays for employee only coverage with a goal of the City paying 90% of
the HMO employee only premium. This would discontinue the current policy
of the City paying more for an employee that selects the PPO plan over the
' HMO plan and would also result in a cost share between employees and the
City for basic health insurance.
c. Change the percentage that the City pays for employees that select additional
insurance to be a standard percentage. Note: Currently the City pays 67.70%
percent of the difference for Employee/Family coverage, 70.69% of the '
' difference for Employee/Spouse coverage and 76.70% of the difference for
Employee/Child(ren) coverage.
FLEXIBLE SPENDING ACCOUNTS:
' The City provides the opportunity for employees to pay certain child care and health care
expenses out of pre-tax earnings. This program is consistent with the benefits provided
by many employers and is consistent with the objectives defined for the benefit plans in
terms of enhancing employee retention and recruiting. It is cost neutral to the City.
The City should publicize the benefits of the FSAs during the next open enrolment period
' and hold group meetings with employees.
PAID TIME OFF:
' The City has a program for paid time off that combines sick leave, vacation time and
personal leave. Twice a year, the City pays employees for all leave that exceeds the
' maximum accrual limit as established by the employee.
AGENDA ITEM#8B
FEBRUARY 23,2004
1 Employee Retention/Recruiting—The current plan provides flexibility to employees to
utilize their paid time off as is appropriate for the individual circumstance. This is an
important benefit to employees and is well received by new hires.
Work Force Behavior— The current plan is beneficial to employees and the City in that it
' allows the appropriate allocation of personal leave time to be defined by the employee.
The policy of paying employees for unused leave may have the result of discouraging
employees from taking leave. This may not be a good thing as it increases payroll
expense and reduces reliance on cross training to cover periods of leave time.
Recommendation •
' Consider modifying buy back policy to require taking a certain amount of leave. This •
reduces cost except where absence is required to be covered by overtime and encourages
' cross training.
LIFE INSURANCE:
The City's "one time annual salary" rounded upwith a maximum of$50 000 life
,
insurance is an average to below average benefit. Most employers offer a basic benefit of
I V2 to 2 times annual salary.
Employee Retention/Recruiting—While the current plan is somewhat below competing
plans, it is unlikely to adversely affect either retention or recruiting of employees.
' Recommendation
Consideration should be given to increasing basic life insurance to 1%2 to 2 times annual
salary upon identification of a source of funding.
SHORT TERM DISABILITY:
The City currently provides no short-term disability coverage. Employees may utilize
their personal time for this purpose or may receive contributed days off from other
' employees.
Recommendation
.1 An optional employee paid short-term disability insurance policy should be provided.
' LONG TERM DISABILITY:
• The City currently provides no long-Term disability coverage. Employees may utilize
I
their personal time for this purpose or may receive contributed days off from other
employees.
Ii
AGENDA ITEM #8B
FEBRUARY 23,2004
Recommendation
' Long-term disability insurance is a valuable benefit, and should be provided upon
identification of a source of funding.
OVERTIME POLICY:
(a) General Employees:
(1) Overtime:
Change the current policy of paying overtime for all hours worked that
' exceed the employee's normal scheduled workday to paying overtime in
accordance with the.Fair Labor Standards Act for all hours worked that
exceed 40 hours in any 7 calendar work period.
' (2) Hours Worked: •
Change the current policy of considering all hours paid to the employee
' (including holidays, personal leave and compensatory time) as hours
worked to considering only hours actually worked in determining
overtime.
(b) Police Employees:
' (1) Overtime:
Change the current policy of paying overtime for all hours worked that
exceed the employee's normal schedule workday to paying overtime►in
accordance with the Fair Labor Standards Act for all hours worked that
exceed 80 hours in any 14 calendar work period.
' (2) Hours Worked:
Change the current policy of considering all hours paid to the employee
(including holidays, personal leave and compensatory time) as hours •
' worked to considering only hours actually worked in determining
overtime. •
' EMPLOYEE BENEFIT STATEMENTS:
The City should enhance communication for benefits available, as well as their cost (on
an individual basis), to all employees by use of an Employee Benefit Statement.
Summarizing employee benefits and their related cost is considered a valuable method to
' provide employees with a summary of benefits, as many employees do not know the
benefits that they receive or their related costs.
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' AGENDA ITEM#8C
FEBRUARY 23,2004
1 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 19th Street Tree Canopy Preservation Corridor Ordinance
SUBMITTED BY: Don Ford
DATE: 02/17/04
I BACKGROUND: The Tree Board has recognized the need for protection of the
tree canopy in the Selva Marina area of 19th St. and adjacent
streets. They have identified a trend toward removal of many
I parts of the original canopy in this area. This was prompted
by the removal of several trees in the area by developers of
three lots last year. Several trees on Hickory Lane were
I removed from the right of way by a homeowner in 2002. A few
more trees were removed by the public works street
improvement project in 2002.
IThis subdivision was developed with tree preservation in mind.
The original developer realized the value of the tree canopy.
IThe streets were laid out with curves and islands to preserve
trees whenever possible. The covenants and restrictions
required the footprints of the houses to be built around large
Itrees. There is no longer a home owners association for this
subdivision therefore part of the protective element created by
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the developer is no longer effective.
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IBUDGET: Tree Survey to be submitted for approval.
IATTACHMENTS: Map of Area.
RECOMMENDATION: The board has created a suggested ordinance to develop a tree
I canopy protection corridor for the area known of Selva Marina
Units 10 through 12. Recommended for first reading.
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REVIEWED BY CITY
IMANAGER: ��
AGENDA ITEM#8C
FEBRUARY 23,2004
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 23, VEGETATION: CREATING A
' TREE PRESERVATION PROGRAM; PROVIDING
GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING
PRESERVATION INCENTIVES AND REQUIREMENTS;
' PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE:
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WHEREAS, The City of Atlantic Beach has a number of tree lined streets
' which exhibit special scenic value to the citizens of the City, and
WHEREAS, The City recognizes a duty to protect and enhance those
1 roadways which serve as scenic corridors in the City, and
WHEREAS, To protect and enhance these roadways, the City Commission
has determined that certain roadways or portions thereof, shall be designated as
Tree Preserve Corridors.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
' SECTION 1. Intent. It is the intent of the City Commission in designating
Tree preserve corridors to protect significant tree coverage and landscaping from
destruction and to enhance the aesthetic appearance of certain streets within the
city.
' SECTION 2. Designation of Tree Preserve Corridors. The City Commission
may from time to time designate, by ordinance, Tree Preserve Corridors. In so
doing, the City Commission will specifically identify those streets, or portions
' thereof, which shall be so designated. In considering whether roadways or
portions thereof shall be designated as Tree Preserve Corridors, the City
Commission may consider the following criteria:
(a) The presence of historically significant tree coverage or landscaping, as
individual plants or in groupings.
1 (b) The presence of significant historic or architectural structures with
associated tree coverage or landscaping.
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AGENDA ITEM#8C
FEBRUARY 23,2004
1
(c) The presence of culturally significant tree coverage or landscaping.
I (d) Request from private property owners that colonnades on their property
shall be so designated.
SECTION 3. Effect of Tree Preserve corridor designation.
I (a) Trees or landscape groupings on streets, or portions thereof,
which have been designated as Tree Preserve Corridors shall
not be damaged, mutilated or removed from public or private
I property by any entity, public or private, without prior approval
of the Tree Conservation Board. Removal shall be permitted by
the Board where the safety of the general public or adjacent
' residents is threatened by such historic trees or landscaping or
where the overall value of the corridor will be enhanced by such
removal.
I (b) Trees, tree groups, or landscape groups designated by the City
Commission as a part of the Tree Preserve Corridor shall be so
1 designated by signs or markers of a type to be determined by
the City Commission. Said signs or markers shall contain the
words "Tree Preserve Corridor" and shall denote the date of
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designation and the historic significance of the tree, tree group
or landscape group.
ISECTION 4. Designated Corridors. Upon designation of corridors,
professional tree surveys shall be obtained and placed in the public record.
The City Commission hereby designates the following as a Tree Preserve
gCorridor:
• Saturiba Drive from Selva Grande westward to Selva Marina Drive to
include Live Oak Lane, North Sherry Drive, Dale Lane and Hickory
Lane;
1 • Selva Marina Drive from Saturiba Drive to 19th Street;
• 19th Street to Sea Oats to include the five cul de sacs on the north
Iside of 19th Street.
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AGENDA ITEM#8C
FEBRUARY 23,2004
SECTION 5. Penalties for violation. Unauthorized damage, mutilation or
removal of any tree, which is a part of any designated Tree Preserve
Corridor, shall constitute a violation of this ordinance. Examples of
unauthorized damage or mutilation shall include, but are not limited to,
girdling of trunks with string trimmers or other lawn equipment, punctures,
including those caused by tree climbing spikes, removal of live green
leaves or fronds, and destruction of the root systems.
Each violation shall be reviewed by the Tree Conservation Board who will
recommend to the Code Enforcement Board an appropriate penalty not to
exceed $500.00 per tree to full replacement of the damaged tree(s).
SECTION 6. Severability. If any section, sentence, clause, word, or
phrase of this Ordinance shall be held to be invalid or unconstitutional by a
court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
SECTION 7. This Ordinance shall become effective immediately
upon adoption.
PASSED BY THE CITY COMMISSION ON FIRST READING:
PASSED BY THE CITY COMMISSION ON SECOND READING:
John Meserve, Mayor
ATTEST:
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
City Attorney
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AGENDA ITEM#8D
FEBRUARY 23,2004
1
' CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Changing the common reference of Atlantic Beach Subdivision "A"
from "Core City"to "Old Atlantic Beach"
SUBMITTED BY: Sonya Doerr, AICP j
Community Development Director
DATE: February 05, 2004
BACKGROUND: At the suggestion of the Commission, the attached general notice has
been published to notify residents of the City's intention to cease using the name Core City
when referring to the original, older part of the City and return to the general reference of this
' area as Old Atlantic Beach. The legal name of this area, as it appears on the official recorded
plat will remain Atlantic Beach Subdivision"A." General references to this original portion of
the City that do not require a legal description shall refer to the area as Old Atlantic Beach.
BUDGET: No budget issues.
RECOMMENDATION: Approve the use of the general reference of Old Atlantic Beach
' when referring to that area of the City formerly called the Core City and platted as Atlantic
Beach Subdivision "A." (The legal name of this area, as it appears on the official recorded
plat, will remain unchanged.)
ATTACHMENTS: Copy of notice to residents.
REVIEWED BY CITY MANAGER.
' February 23,2004 regular meeting
AGENDA ITEM#8D
FEBRUARY 23,2004
L
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NOTICE TO RESIDENTS
WITHIN THE CITY OF ATLANTIC BEACH
NOTICE is hereby given that the City of Atlantic Beach proposes to change the
common reference of that portion of the City, known in recent years as the
"Core City" to its historic name of "Old Atlantic Beach." The legal name of
this area, as it appears on the recorded plat shall remain Atlantic Beach
Subdivision "A." General references to this original portion of the City that do
not require a legal description shall refer to the area as "Old Atlantic Beach."
Any citizen having comments regarding this matter may direct these by mail to:
Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida 32233;
by phone to (904) 247-5800, or by e-mail to the City Clerk at:
mking@ci.atlantic-beach.fl.us
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CITY OF ATLANTIC BEACH AGENDA ITEM#8EFEBRUARY 23,2004
CITY COMMISSION MEETING
STAFF REPORT
•
' AGENDA ITEM: Authorize the City Manager to enter into a contract
with the Tennis Instructor Sandra Phillips for use of
tennis courts and Atlantic Beach Experimental
Theatre for use of Adele Grage Cultural Center.
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: February 12,2004
BACKGROUND: For the past couple of years,the City entered into a
contract with ABET and Tennis Instructor Sandra
Phillips for use of City facilities to promote
community sports programs,theatrical
entertainment and offer tennis lessons to Atlantic
Beach citizens. The programs are well organized,
have great participation and are enjoyed by all.
ABET is operated by George Maida and Tennis
Lessons are provided by Sandra Phillips.
Normally the contracts are approved in October,but
because we have been waiting on the contracts,
exclusive dates,proof of insurance, 501c3 forms,
and fee schedule,the request to have the contracts
approved is late. Currently we are still waiting on
' the proof of insurance from the Atlantic Beach
Athletic Association.
ABET is submitting a new request for use of the
Adele Grage Cultural Center for a year-round
' Children's Theater program. As information,the
YMCA has received authorization to use the
building for after-school and summer programs,
which would create a scheduling conflict.
RECOMMENDATION: Authorize the City Manager to enter into contracts
with Atlantic Beach Experimental Theatre,
excluding the Children's Theater program,and
Tennis Instructor Sandra Phillips for use of City
1 facilities.
ATTACHMENTS: Contracts
REVIEWED BY CITY MANAGER:
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' AGENDA ITEM#8E
FEBRUARY 23,2004
To: Timmy Johnson and
' Atlantic Beach City Commission
From: ABET
' Re: Contract addendum
ABET requests the following provision to our contract, now pending renewal,to allow
for the resumption of Children's theater; this provision has been in prior year contracts:
The organization shall be permitted to operate educational and recreational theater
' camps and classes for children at times and dates indicated in the attached schedule.
In the event that dates and times indicated conflict with those of groups which have
prior permission to use the premises, the use for ABET Children's program activities
' will be contingent upon agreement with said group.
Respectfully submitted
- Vibtizt
George N. Maida
President, ABET Board of Directors
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AGENDA ITEM #8E
FEBRUARY 23,2004
1
I CITY OF A MANTIC BEACH
RENTAL CON TRACT FOR PUBLIC FACILITIES
LONG TERM
IAGREEMENT made and entered into this I f II, day of /va✓-IM 6
At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
IBEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32233 (hereinafter"City"), and Atlantic Beach Experimental Theater of 716 Ocean Blvd
Atlantic Beach, Florida (904) 273-7418 (hereinafter"Renter").
I
WHEREAS, Renter desires to use the followingpublic facility:
Y
Adele Grage Cultural Center Theater and Dressing Rooms and,
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WHEREAS, Renter desires to use saidpublic facilityon a recurringbasis such as
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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
IWHEREAS, 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,
I and any rental payment made hereunder, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, it is
I AGREED AS FOLLOWS:
1. Length of Rental Term: This agreement shall run from 10/1/03 through
9/30/04.
I2. 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.
I Such fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-profit in
nature, and charges no user or admission fees. Renter shall provide the City with a copy
I of its tax exempt form or other proof or evidence satisfactory to the City Manager of
Renter's non-profit status.
I 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:
Ia. No fees or admission costs shall be charged to the public unless approved
in writing by the City Manager.
Ib. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
( AGENDA ITEM #8E
FEBRUARY 23,2004
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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 with its own 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. 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.
h. Renter shall be responsible for its own furnishings and equipment and
shall maintain the facility in a clean and safe condition.
i. Renter shall correct any discrepancies noted by the City. Should
corrective action be required by the City, such action shall be the financial
responsibility of the Renter.
j. 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 Parks
and Recreation Director under the general rules, i.e., a facility may be
requested for short tem 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.
k. 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
�j use of the premises, in an amount of at least $1,000000 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.
' AGENDA ITEM#8E
FEBRUARY 23,2004
1
1. 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.
1. Renter agrees indemnify to an d 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 of the following
public facility: Adele Grage Cultural Center Theater and Dressing Rooms
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m. Additional provisions agreed upon by the City and Renter:
n. Exclusive Use Dates and Times: See attached
' o. 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.
' p. 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.
' q. 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.
r. 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.
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AGENDA ITEM #8E
FEBRUARY 23,2004
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1 IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
day of
CITY OF ATLANTIC BEACH
By: Z7flA&J
Its NTER"
"CITY"
4 /3Arri Phi
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. AGENDA ITEM #8E
FEBRUARY 23,2004
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' 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 Sandra Phillips of 58 Jefferson Ave. Ponte Vedra
Beach, Florida (904) 273-7418 (hereinafter"Renter").
WHEREAS, Renter desires to use the following public facility:
Tennis Courts 5 and 6 at Russell Park and,
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WHEREAS, Renter desires to use saidP ublic facilityon 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.
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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:
hi 1. Length of Rental Term: This agreement shall run from 10/1/03 through
9/30/04.
' 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.
Such fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-profit in
nature, and charges no user or admission fees. 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:
1 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.
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AGENDA ITEM#8E
FEBRUARY 23,2004
L
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 with its own financial
statements.
�j 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. 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.
' h. Renter shall be responsible for its own furnishings and equipment and
shall maintain the facility in a clean and safe condition.
i. Renter shall correct any discrepancies noted by the City. Should
corrective action be required by the City, such action shall be the financial
' responsibility of the Renter.
j. 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 Parks
and Recreation Director under the general rules, i.e., a facility may be
requested for short tem 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.
' k. 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
for damages to property, the insurance shall be written by a
I $1.000.000
company or companies acceptable to the City and authorized to engage in
the business of general liability insurance in the State of Florida. Renter
I shall deliver to the City satisfactory proof or evidence of such insurance,
and shall name the City as an additional insured under said policy.
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L AGENDA ITEM#8E
FEBRUARY 23,2004
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1. 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
jr waiver on a case by case basis, taking into account the
length of the lease term, use of the public facility, number
r of persons involved in said use, cost of the insurance, and
any other factors submitted by Renter which unique and
particular to the Renter.
1. 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
f 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: Tennis Courts 5 and 6 at Russell Park
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m. Additional provisions agreed upon by the City and Renter:
In. Exclusive Use Dates and Times: See attached
I o. 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.
Ip. Control of Building: In renting said facility to Renter, the City does not
relinquish the right to control the management and operation of the
I 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.
q. Assignment: Renter shall not assign this agreement nor suffer any use of
Ithe facility other than herein specified, nor sublet the facility or any part
thereof, without the written consent of the City.
Ir. Default: In case the Renter shall default in the performance of any
covenant or agreement contained herein, and such default shall continue
I 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
Iincurred by the City, whether suit is filed or not.
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AGENDA ITEM#8E
FEBRUARY 23,2004
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this
day of
CITY OF ATLANTIC BEACH
By:
Its L/ "RENTER"
"CITY"
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L AGENDA ITEM #8G
FEBRUARY 23,2004
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STAFF REPORT
II City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Property Disposition Agreement
DATE: February 9,2004
ISUBMITTED BY: David E.Thompson,Chief of Police/DPS
BACKGROUND: Last year,the City Commission changed Chapter 15 of the City Code so that
I it allows for the disposition of property through on-line auction services. The purpose of this report is
to recommend and seek the approval of an agreement with Property Bureau for the disposition of
City Property.
I Online Auction Services: There are private companies that specialize in the disposal of property through an
on-line auction process. Property Bureau specializes in the disposal of property from police property
rooms, and this is the intended purpose of this contractual agreement. However, Property Bureau is also
Iwilling to dispose of other types of property.
At some point in the future,if the City decides to utilize Property Bureau to dispose of surplus property,then
a list of the surplus items will be brought to the City Commission for approval. Legally, the City is not
Iallowed to dispose of surplus property without Commission approval.
Property Bureau will pick up property from a governmental site,and they will barcode,digitally photograph
I and upload detailed descriptions of all items to an auction site. At the conclusion of the action, funds are
collected and the items are shipped to the buyer. 50%of the funds are sent to the governmental agency,and
Property Bureau keeps 50% for their business. If the sale of an item exceeds $1,000, then the City will
I receive 75% of the winning bid. This process will allow an item to be seen and marketed nationwide, and
during the process,the property will not be taking up valuable space in city facilities.
In addition,this site provides a valuable service to citizens. It is called"Steal-it-Back". This service assists
Ithe rightful owner in identifying and claiming stolen,lost or abandoned property.
Property Bureau tracks each and every item in detail, and they provide disposition information that can be
verified. There are a number of cities and counties using Property Bureau for the disposition of property,
Iincluding eight(8)local entities in the state of Florida.
The agreement has been approved by City Attorney Alan Jensen.
IBUDGET: No Costs: Possible increase in revenue generated by on-line auction.
I RECOMMENDATIONS:
Approval of contract with Property Bureau.com, Inc.to dispose of property for the
City of Atlantic Beach.
IATTACHMENTS: Contract
IREVIEWED BY CITY MANAGER•
GENDA ITEM NUMBER:
AGENDA ITEM#8G
r . FEBRUARY 23,2004
PROPERTY DISPOSITION SERVICES AGREEMENT
' PropertyBureau.com, Inc., an Arizona corporation ("PropertyBureau"), enters into this agreement (the "Agreement"),
with the customer identified below (the "Owner") for the auction and disposition of personal property (the "Disposition
Services"), in accordance with the Terms and Conditions and Addenda, if any, attached hereto and listed below.
Beginning , (the "Start Date") Owner engages the Disposition Services of PropertyBureau. This
Agreement will terminate on , (the "Termination Date"), or at such other time as provided
herein.
OWNER INFORMATION: SCHEDULES,SUPPLEMENTS AND OTHER
' ATTACHMENTS: (Mark only if included)
[Owner Name]
Terms and Conditions yes
' [Address] Addendum
[Phone]
' THIS AGREEMENT INCLUDING ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE ATTACHED
TERMS AND CONDITIONS, AND ALL OTHER ATTACHMENTS INDICATED IN THE BOX ABOVE, IS THE
PARTIES' ENTIRE AGREEMENT AND CANNOT BE MODIFIED EXCEPT IN WRITING BY THE DULY AUTHORIZED
REPRESENTATIVES OF BOTH PARTIES.
EXECUTED on the date(s)indicated below:
PropertyBureau,Inc.
[Legal Name of Owner]
By: By:
[Name and Title]
Date: Date:
PropertyBureau.com, Inc.
3551 Camino Mira Costa,Suite C
San Clemente California 92672
Phone: 800-799-2440
Federal Tax ID 86-0962102
1, I Rev 6/12/02 Page 1 of 4
I AGENDA ITEM#8G
FEBRUARY 23,2004
ITERMS AND CONDITIONS
1. Property to be Sold. From time to time, Owner will designate items of personal property (the Property") that it
desires to provide to PropertyBureau for Disposition Services. PropertyBureau retains the right to accept or reject
Icertain items in its sole discretion.
2. Title. Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in
accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other
acquirer of the item of Property. Owner appoints PropertyBureau as its attorney-in-fact to sign any and all documents
necessary to assign to purchasers of Property all of Owner's right, title and interest in and to Property sold or disposed.
All cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every
I kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to
PropertyBureau's right to PropertyBureau's Net Proceeds and funds attributable to Credit Card Costs and other
transaction costs. Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of
Owner.
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3. Method of Selling Property. PropertyBureau will, on Owner's behalf, list Property for sale by auction to the public
on the World Wide Web of the Internet on one or more domain names selected by PropertyBureau. To the extent that
any Property is not sold by auction, PropertyBureau may, in any commercially reasonable manner selected by
I PropertyBureau, dispose of Property. PropertyBureau will determine all aspects, terms and conditions of auctions of
Property and dispositions of Property not purchased at auction,subject to the ultimate control of Owner. PropertyBureau
will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when
Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price,
I setting the length of time a Product will be auctioned; creating text and graphics to describe and depict Property
submitted for auction; collecting all purchaser information (such as purchaser's name, billing address, shipping address,
and credit card information); approving purchasers' credit card purchase transactions; and collecting auction proceeds
for completed sales from purchasers. PropertyBureau shall use its best efforts in auctioning and selling the Property on
I the Internet and disposing of Property that does not sell at auction. PropertyBureau shall sell and dispose of all Property
"as is"without any liability to the Owner. PropertyBureau is solely responsible for identifying and resolving sales and use
tax collection issues arising from Property sales,including the necessity of charging and collecting such taxes.
I 4. Allocation of Sales Proceeds.
a. The total amount paid by the purchaser shall be called the "Sales Price". The Sales Price shall include the
winning bid amount(the"Winning Bid")and all costs, shipping and handling charges,taxes,and insurance costs
I associated with the transaction and paid by the purchaser. .
b. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and
75% of the portion, if any, of the Winning Bid that exceeds$1,000. From this amount,the owner's pro rata
share of transaction fees, if any, assessed by the credit card processor ("Credit Card Costs") will be
Ideducted.
d. Credit Card Costs will be borne by Owner and PropertyBureau in proportion to the percentage of the revenue
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credited to the parties for each underlying transaction.
d.Amounts received by the Owner will be called"Owner's Net Proceeds".
The following example illustrates how proceeds of a sale are to be allocated. Assume an item of Property sells at
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auction for a Winning Bid of$100; the buyer pays shipping and handling of$10, insurance of$2, and sales tax of$6.
The buyer pays the Sales Price of$118.00 by credit card, and the Credit Card Costs are 2% of the Sales Price. The
Credit Card Cost is therefore $2.36 ($118 x .02). The Owner and PropertyBureau each share 50% of the underlying
Winning Bid, therefore Credit Card Costs are also shared equally ($1.18 each). The Owner's Net Proceeds are $48.82
($50.00 less$1.18).
5. Payment Terms. Not later than the 15th of each month, PropertyBureau will pay to Owner the amount of Owner's
Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items
11 I comprising a line item on the original manifest or other list of Property are sold. With each monthly payment,
PropertyBureau will deliver to Owner a detailed report of completed sales activity for the preceding month showing
PropertyBureau's calculation of the amount of Owner's Net Proceeds for the month. With each payment of Owner's Net
Proceeds, PropertyBureau will deliver to Owner a written report setting forth the following information for the immediately
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preceding month:(i)the completed sales during the prior month, including the total amount of related proceeds collected,
the Owner's and PropertyBureau's share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of
Property during the month; (iii)the Property,if any, inventoried by PropertyBureau at the end of the month.
Page 2 of 4 6/12/02
II I
L AGENDA ITEM #8G
FEBRUARY 23,2004
L 6. PropertyBureau's Obligations Concerning Property in Its Possession. With respect to Property in
PropertyBureau's possession: (i) PropertyBureau will exercise due care in the handling and storage of any Property; (ii)
PropertyBureau shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all
I fees and charges with respect to the Property; (iii) PropertyBureau shall sign and deliver to Owner any UCC-1 financing
statements or other documents reasonably requested by Owner; (iv)PropertyBureau shall obtain and maintain insurance
in an amount (determined by PropertyBureau) not less than the replacement value of Property in its possession. The
insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies.
PropertyBureau shall give Owner an insurance certificate upon Owner's request; and (v) If PropertyBureau
returns any Property to Owner, PropertyBureau shall pay all freight charges, insurance and related costs to return the
Property to Owner's nearest warehouse. PropertyBureau, at PropertyBureau's expense, shall insure Property during
shipping in an amount not less than the replacement value of any item of Property returned to Owner.
I 7. Owner's Obligations. Owner will use its best efforts to provide to PropertyBureau such Property as becomes
available for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of
the item of property to PropertyBureau, including a written manifest or list that describes the item of Property in sufficient
i detail for identification.
8. Restrictions on Bidding. PropertyBureau and its employees and agents may not directly or indirectly bid for or
purchase auctioned Property on the Property Bureau web site.
C 9. Representations and Warranties of Owner. Owner hereby represents, warrants and covenants as follows: (i)
Property delivered to PropertyBureau is available for sale to the general public without any restrictions or conditions
whatever; (ii) Owner will not knowingly deliver to PropertyBureau any Property of a counterfeit or illegal nature; and (iii)
I Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title
to the Property to purchasers(the"Conditions Precedent").
10. Books and Records. PropertyBureau will keep complete and accurate books of account, records, and other
documents with respect to this Agreement (the "Books and Records") for at least three years following expiration or
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termination of this Agreement. Upon reasonable notice, the Books and Records will be available for inspection by
Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal
business hours.
I 11. Term and Termination. Unless terminated earlier, the term of this Agreement will begin on the Start Date and
terminate on the Termination Date. This Agreement may be terminated if there is a breach by either party of any
obligation, representation or warranty contained in this Agreement, upon thirty days prior written notice to the other party
I unless the breach is cured within the thirty day period, provided, however, if the breach is not capable of being cured
within thirty days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during
the thirty day period and proceeds diligently thereafter. The written notice will specify the precise nature of the breach.
The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law
I or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise
of any other rights and remedies. Notwithstanding any termination by either party of this Agreement, PropertyBureau will
continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective
date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by Property
I Bureau or returned to Owner,at owner's election and cost.
12. Indemnification. Subject to the limitations specified in this Section 12, each party will indemnify, hold harmless and
defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities,
I whether joint or several, expenses(including reasonable legal fees and expenses),judgments, fines and other amounts
paid in settlement, incurred or suffered by any such person or entity arising out of or in connection with(i)the inaccuracy
of any representation or warranty made by the party hereunder, (ii)any breach of this Agreement by the party,or(iii)any
negligent act or omission by the party or its employees or agents in connection with the performance by the party or its
employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the
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direction of the other party.
13. Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER
I PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE
AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT,
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS
I (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE
OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE
SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT
WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE
II I Rev 6/12/02 Page 3 of 4
AGENDA ITEM#8G
I
FEBRUARY 23,2004
I PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT
EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER
IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE
I AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE
AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT
LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNER'S FAILURE TO
SATISFY TIMELY ALL CONDITIONS PRECEDENT.
I14. Notices. Any notice under this Agreement must be in writing. Initially the addresses of the parties will be as
follows: (i) If to PropertyBureau: PropertyBureau, Attn: Tom Lane, President, 3551 Camino Mira Costa, Suite C, San
Clemente California 92672; and (ii) If to Owner: At the address stated below Owner's Signature block on the first page
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of this Agreement. The parties may, from time to time and at any time, change their respective addresses and each will
have the right to specify as its address any other address by at least ten days'written notice to the other party.
15. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be
I effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under
applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity,without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
I 16. Complete Agreement. This Agreement and any related documents delivered concurrently herewith, contain the
complete agreement between the parties relating to the subject of this Agreement and supersede any prior
understandings, agreements or representations by or between the parties, written or oral, which may be related to the
subject matter hereof in any way.
17. Attorneys' Fees and Legal Expenses. If any proceeding or action is brought to recover any amount under this
Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of
this Agreement,the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs,
I reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment
rendered.
18. Further Assurances. PropertyBureau and Owner will each sign such other documents and take such actions as
I the other may reasonably request in order to effect the relationships, services and activities contemplated by this
Agreement and to account for and document those activities.
19. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern
111all questions concerning the construction, validity and interpretation of this Agreement and the performance of the
obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and
county in which the Owner is located, and the parties waive any right to object to the venue.
20. Relationship of the Parties. The relationship created hereunder between Owner and PropertyBureau will be solely
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that of independent contractors entering into an agreement. No representations or assertions will be made or actions
taken by either party that could imply or establish any agency,joint venture, partnership, employment or trust relationship
between the parties with respect to the subject matter of this Agreement. Except as expressly provided in this
Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or
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commitment on behalf of the other,or to create any liability or obligation whatsoever on behalf of the other,to any person
or entity. Whenever PropertyBureau is given discretion in this Agreement, PropertyBureau may exercise that discretion
solely in any manner PropertyBureau deems appropriate.
I 21. Force Majeure. Neither party will be liable for any failure of or delay in the performance of this Agreement for the
period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause
beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will
ill I not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of
any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The
existence of any Force Majeure will not extend the term of this Agreement.
22. Counterparts. This Agreement may be signed in any number of counterparts.
1 i
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AGENDA ITEM#8H
FEBRUARY 23,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Radio Survey for Lift Stations
SUBMITTED BY: Donna Kaluzniak, Utility Directo4
DATE: February 17, 2004
BACKGROUND: The central SCADA system has been installed at treatment plants. Funds
have been budgeted to add the City's 29 lift stations to the SCADA system in a phased-in
manner. The SCADA system would allow for remote monitoring of lift station operation and
alarms, allowing for improved record keeping and quicker response to lift station malfunctions.
The existing SCADA system included the installation of 2.4 GHZ wireless radios, which are also
used as part of the City's wireless network system. Additional 2.4 GHZ radios could be used as
part of a future wireless canopy around the City. However, the 2.4 GHZ radios require the
antennas to be mounted to maintain a"line of sight"with the central antenna at Water Plant#1
or with another antenna. This can result in the need for a very tall antenna, which may not be
aesthetically pleasing in some of the neighborhoods. Shorter, less intrusive antennas can be
used with 900 MHZ radios, however these will not be usable for the wireless network.
In order to develop a request for proposal for contractors to bid on the system, a radio site survey
must be completed to determine which of the 29 lift stations will be able to use the 2.4 GHZ
' radios without intrusive antennas and which will need to use 900 MHZ radios.
' Staff requested a proposal from TouchPoint, as they are the firm that performed the radio site
survey for the treatment plants system, and are also the firm that installed the antennas for the
wireless system. TouchPoints price for performing this work is $13,629.84.
' BUDGET: A total of$60,000 was budgeted for the first phase of the Lift Station SCADA
project in the Sewer Fund under account no. 410-5506-535-6300.
' RECOMMENDATION: Authorize TouchPoint to complete the radio site survey for Lift
Stations.
' ATTACHMENTS: 1. Proposal from TouchPoint
'
REVIEWED BY CITY MANAGER:
AGENDA ITEM#8H
FEBRUARY 23,2004
10199 Southside Blvd. Suite 106 QUOTE
Jacksonville, FL 32256
Quote: TP1Q8602
(TOU Phone: (904)519-9933
iPo!nt Fax(904)519-9988 Date 02/04/04
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Sales Rep. Peter Thornton
Quote To: Ship To:
City of Atlantic Beach City of Atlantic Beach
Donna Kaluzniak Donna Kaluzniak
800 Seminole Rd. 800 Seminole Rd.
Atlantic Beach, FL 32233 Atlantic Beach, FL 32233
Site Survey for Lift Stations
Qty Part Number
IG-SS-SPREAD
INSTG-1
Description Unit Price
$205.88
Ext. Price
28 Site Survey -Atlantic Beach Lift Stations $5,764.64
6 InstallGuy Daily Add Tech(1) $705.88 $4,235.28
28 IG-PD-SPREAD Path Design,documentation, BOM $52.94 $1,482.32
$535.29
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7
IG-EX-HOTEL Expense Hotel, Lodging estimate $76.47
14
760
IG-EX-PER-DIEM Expense-Meals per diem $29.41
$0.38
$411.74
IG-EX-TRANS Expense Mileage incl.200m between sites $288.80
$235.30
2 IG-EX-TRAVEL Travel Day $117.65
1 TMZ-50/30 Towable Boom Lift $676.47 $676.47
SubTotal $13,629.84
Sales Tax $0.00
III
Shipping $0.00
Total $13,629.84
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Thisquote maynot include all applicable shipping/handling and sales tax charges.
PP
' CONSEQUENTIAL(includingdeath)to DAMAGES:
anyperson,or TouchPointlossor shalldamage notto be liableproperty for any(including speciawil,thout incidental,limitation,exemplarypropertyor anyhandled otheror damage,processedby direct,theuse indireofct,said or equipment)consequentialor lossloss of or antiexpensecipated or for
profits,
savings,goodwill,reputation,business receipts or contracts,or losses resulting from third party claims even if TouchPoint has been notified of the possibility or likelihood of such damages
occurring.
LIMITATION OF LIABILITY:In no event will TouchPoint's liability in the aggregate for any damages to customer or,any customer entity,or third party ever exceed the price paid by
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customer to TouchPoirrt hereunder for the individual product or service subject to such claim regardless of the form of action,whether based on contract,negligence,strict liability,
products liability or otherwise repair or replacement of the product or refund of the purchase price shall be at TouchPoint's sole discretion.The foregoing shall be customer's sole and
exclusive rights.
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warranty of merchantability or fitness for a particular purpose,are expressly excluded.Customer hereby disclaims same.
MANUFACTURER WARRANTIES:TouchPoint makes no warranties,conditions,or representations concerning the adequacy or existence of any manufacturer or vendor warranties;
However,Touchpoint agrees to assign to customer,to the extent assignable.any rights under such warranties solely for the purpose of making a warranty claim against the manufacturer
and not otherwise in violation of any agreements and customer may enforce the same so long as the customer is not in default of this agreement.
AGREEMENT AND CONDITIONS OF SALE:1.Returns are subject to a 15%restocking fee and require a retum authorization number provided by TouchPoint.2.Invoices not paid within
terms specified on invoice are subject to finance charges of 1.5%of the unpaid balance each month.3.Customer shall be responsible for all legal and collection fees incurred in the
' collection of any past due balances.Venue for any collection litigation will be in Duval County,Florida.4.A minimum service fee of$25.00 will be charged for any returned checks.
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