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Agenda Packet 10-11-04
i 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING OCTOBER 11, 2004 AGENDA Call to order tInvocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of September 27, 2004 2. Courtesy of Floor to Visitors ' A. Presentation of plaque recognizing Richard Mann's Years of Service on the Code Enforcement Board 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report t 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Building Department Monthly Report for September, Report ' of New Occupational Licenses issued in September and Public Works and Utility Departments Monthly Report (City Manager) B. Rebid of Annual Contract for Lawn Maintenance of City Parks (Bid No. 0304-22) ' (City Manager) C. Extend Control Design, Inc. contract for Lift Station SCADA to include nine additional lift stations at a cost of$49,995.00 (City Manager) ' 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances ' A. Ordinance No. 75-04-17 Public Hearing and Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND 21-31(11)TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED FOR ILLEGAL PARKING IN DESIGNATED ADA ' ACCESSIBILITY PARKING SPACES,ADOPTING ORDINANCE 75-04-17, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE ' 1 i 1 B. Ordinance No. 20-04-67 Introduction and First Reading ' ORDINANCE NO. 20-04-67 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 8. Miscellaneous Business A. Request from the l0`11 Street Beach Access Committee for matching funds totaling $2,500 for improvements at 10'h Street Beach Access (City Manager) B. Approval of the Local 630, White Collar Union Contract for the period October 1, 2004 through September 30,2005 (City Manager) Approval of the Local 630, Blue Collar Union Contract for the period October 1, 2004 through September 30, 2005 (City Manager) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney A. Florida Beach and Shore Preservation Association Conference Report (Comm. ' Parsons) 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 arc 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,October 8,2004. 1 1 1 1 ' 2 I MINUTES REGULAR CITY COMMISSION MEETING SEPTEMBER 27, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: t Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern Richard Beaver City Attorney Alan C. Jensen Commissioner Paul B. Parsons ' Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of ' September 13, 2004 Motion: Approve Minutes of the Regular Meeting of September 13, 2004 as presented. Moved by Waters, seconded by Parsons ' Votes: Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve Nay: 0 ' MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors ' Scott Shine of 4390 Richmond Park Drive East, Jacksonville, representing the national organization Surf Riders, stated he was opposed to ' the city's leasing of parking spaces (Item 3A) at the 10th Street beach access. Mr. Shine believed the leasing of the parking spaces was illegal, and indicated his organization would request an adversarial review of the leasing of the spaces by their attorneys. Sally Clemens of 1638 Park Terrace West reiterated her position that the ' Johnston Island property(Items 7B &7C) should remain zoned Conservation. ' Judy Sheklin of 1985 Brista De Mar Circle spoke in opposition to the rezoning the property from Conservation to Medium Density Residential. She believed the current owners, Bridge Tenders LLC, purchased the land zoned Conservation and it should remain Conservation. I September 27, 2004 REGULAR COMMISSION MEETING Paget Former Commissioner Mike Borno of 223 Ocean Forest Drive North inquired concerning the stipulations contained in the lease agreement and requested that the city enter into the agreement with the owners of the condominiums. ' Sandy Forsyth of 2345 Seminole Reach Court spoke in opposition to the leasing of the parking spaces. He believed the city would lose federal ' funding for beach renourishment if the spaces were leased. J.P. Marchioli of 414 Sherry Drive reported a small tree on the sidewalk ' near the pawnshop located at the intersection of Atlantic Boulevard and Mayport Road. He supported the parking space lease for Island Club Condominiums and the Johnston Island PUD. ' ' Stephen Kuti of 1132 Linkside Drive referenced the deed for the Johnston � Island property and indicated that the United States government held five ' ' hundred feet of right-of-way and recognized this right-of-way as a public beach. He pointed out that the deed stated the island was surrounded on three sides by the intracoastal waterway and, therefore, it could be assumed � ' the area within the five hundred feet of right-of-way on three sides of the island was public beach. Mr. Kuti noted the changes the developers made from the initial application as follows: The building height had been ' lowered fro 69-feet to 35-feet, the minimum square footage for each unit reduced from 1,500 square feet to 1,000 square feet and a reduction in size , of the parking spaces from 9' x 20' to 9' x 18'. He also commented on the ' access road right-of-way and flooding of the east side of the island at mean high tide. He believed substantial changes were made and the process , ' should have been started over with first readings of the ordinances. Alvin Farmer of 791 Assisi Lane,a long time user of the 10th Street beach access, stated his opposition to the lease of parking spaces at the site and !, I requested that the Commissioners reconsider their decision. r, Sharon Scholl of 2049 Selva Marina Drive referenced a letter she ± ' previously submitted concerning the Johnston Island development and tttjexpressed concern for the hydrology of the area and the proposed E ' underground utilities. She believed the developers had not presented enough information concerning the design for the project relative to the hydrology/geology of the area. Agenda Items 7B and 7C were taken out of sequence and acted on at this h I time. ' Mayor Meserve believed it would be appropriate to defer action on Items 7B and 7C to give the Commissioners more time to review the request. He i1 I September 27.2004 REGULAR COMMISSION MEETING Paee 3 indicated that since receiving his agenda packet on Wednesday,much of his time had been spent on issues related to Hurricane Jeanne. Motion: Defer action on Ordinances Nos.31-04-03 and 52-04-02 to the ' October 25, 2004 Commission Meeting. Mayor Meserve called for a roll-call vote. Moved by Beaver, seconded by Meserve Votes: ; 1 Aye: 2—Beaver, Meserve t Nay: 3 - Parsons,Simmons,Waters, MOTION TO DEFER FAILED ON ROLL-CALL VOTE ' i Johnston Island 7B. Ordinance No. 31-04-03 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA ' AMENDING THE 2005 FUTURE LAND USE MAP,AS ADOPTED BY ORDINANCE 95-90-48,AS AMENDED, SAID ORDINANCE NUMBER 31- 04-03,WHICH SHALL CHANGE THE LAND USE DESIGNATION AS I ESTABLISHED ON THE 2005 FUTURE LAND USE MAP(FLUM)FLOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL,MEDIUM DENSITY AND GENERAL COMMERCIAL 1 ' RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND,PROVIDING FOR INTENT; AUTHORITY; li FINDINGS OF FACT; FINDINGS OF CONSISTENCY;SEVERABILITY AND AN EFFECTIVE DATE (Public hearing and fmal reading to consider enactment of Ordinance Number 31-04-03, pursuant to an application (File Number SSA-2004-01) for a change in land use designation as established I ' on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from Conservation to Commercial. The proposed project is known as II Johnston Island) Mayor Meserve read the ordinance by title only. i , Motion: Approve Ordinance 31-04-03 on final reading. (The motion was made by Commissioner Beaver and seconded by Mayor Meserve) I Anthony Robbins an engineer with Prosser Hallock Planners and Engineers, !' stated that he was a member of the project team assembled by Bridge Tenders, Inc., for the redevelopment of Johnston Island. Mr. Robbins introduced Ron Zajack, a managing partner of Bridge Tenders, Inc.,who read a statement from Laura Johnston Perkins, which provided background 1r1 information concerning her family's ownership of the island and the n Ipurchase of the property by Bridge Tenders, Inc. In her statement, Ms. !1 I. i September 27,2004 REGULAR COMMISSION MEETING Paee 4 Perkins revealed that she held a 50% interest in Bridge Tenders, Inc. and ' supported the development of the island. Mr. Robbins indicated that he would address some of the comments made by the public and those issues related to the Planned Unit Development. Mr. Robbins summarized all of the revisions to the project since the t presentation on July 26, 2004. A list of the revisions can be found on page two of the Staff Report dated September 20, 2004, which is attached and made part of this official record as Attachment A. Mr. Robbins indicated • ' that all revisions were consistent with the current code,with the exception of the parking space size and driveway width. Mr. Robbins emphasized that this was a redevelopment project and the land was not pristine, undeveloped ' wetlands. He also indicated that Taylor Engineering had looked at the sub- strata of the island and it was found suitable for development. He indicated that Bridge Tenders, Inc. would strictly adhere to the city's flood elevation ' requirements. Mr. Robbins indicated that the property would be developed within ten years of the approval of the construction and engineering plans by the city. Commissioner Waters inquired concerning the hydrology of the site. Mr. Robbins indicated that hydrology was not his expertise and deferred to Mr. Zajack. He indicated that an engineering study was performed early-on and the site would be developed as a private community according to city ' standards. Commissioner Waters believed the Commission should have participated in ' the actual negotiations related to the project and not rely only on the recommendation. Discussion of the flood elevation of seven-feet ensued. Mr. Zajack indicated the island would be brought up to that elevation, with ' all requirements being met. Discussion of the permitting process ensued and Community Development ' Director Doerr indicated that engineering and detailed plans for the development would come back to the Commission for approval. Mr. Zajack indicated that in addition to meeting the city's requirement, permitting ' procedures would also be required by the FDOT, the FDEP, the ACOE, and the SJRWMD. ' Mayor Meserve opened the floor for a public hearing. Steve Piscatelli of 374 Magnolia Street quoted from the application for the ' change in land use designation describing current deleterious conditions that characterize the property. He then asked the Commissioners to think about the following: (1) If the development was not approved, would be property owner be responsible to remedy blighted conditions described on the 1 1 September 27,2004 REGULAR COMMISSION MEETING Pape 5 property, (2) If the development was approved and a traffic accident ' occurred and the residents requested a traffic signal, would the city be responsible to provide a traffic light on Atlantic Boulevard, and (3) Would the this development make the community a better place. ' Michael Sheklin of 1985 Brisa De Mar Circle believed the property should remain zoned Conservation and pointed out the degradation of the land ' caused by the previous development. He also believed the entrance to the development posed as safety hazard and it would be dangerous to allow a marina at that location due to the swift current near the bridge. ' Carolyn Wood of 303 6th Street distributed a prepared statement opposing the development and urged the Commissioners to retain the Conservation t land use designation. A copy of Ms. Wood's statement is attached and made part of this official record as Attachment B. ' Sandy Forsyth of 2345 Seminole Reach Court inquired as to from where the 35-foot building height would be measured. Jamie Fletcher of 340 Garden Lane believed there were too many unanswered questions relative to the proposed development and the public did not have enough time to review the proposal. He urged the ' Commissioners to vote against the Planned Unit Development as being vague and dangerous. ' Stephen Kuti of 1132 Linkside Drive believed the right-of-way issue should be settled before any consideration was given to the request. ' Alan Potter of 374 Second Street expressed concerns relative to the cost of providing water/sewer service to the site, stormwater retention, possible t pollution caused by the operation of a marina and garbage service to the site. Sally Clemens of 1638 Park Terrace West clarified that she had previously stated that the city (citizens) were misused and abused by Bridge Tenders by the method the proposal was presented. She believed the land use should remain Conservation. ' Dave Johnson of 1830 Live Oak Lane who lives in the Selva Marina area where the city took over the maintenance of private streets and medians, ' warned the Commissioners that just because the developers indicated that the streets will be private, does not necessarily mean that they will remain that way forever. ' No one else spoke and the Mayor closed the public hearing. Commissioner Parsons inquired as to Ms. Perkins absence and Mr. Zajack 1 September 27, 2004 REGULAR COMMISSION MEETING Page 6 responded that she lived in Valdosta, Georgia and that area was experiencing ' the hurricane today and she could not travel. He then inquired concerning the failed sale of the property to the city a number of years ago. Mr. Zajack indicated that he was not involved with those negotiations. Commissioner ' Parsons inquired concerning Ms. Perkins allegation that she was never notified concerning the annexation or the change in zoning to Conservation. Mr. Zajack indicated that he received his information from a realtor that ' there was an agreement with the city to purchase the property. Commissioner Parsons stated that there was confusion relative to the zoning ' change and requested information concerning the procedure for notification of the property owner when a rezoning occurs. Community Development Director Doerr explained the procedure and stated they were aware of the change. Discussion of the annexation and rezoning occurred. Mr. Zajack indicated he had no direct knowledge, but it was his understanding that the appraised value of the property did not meet the Johnston's asking price and ' the city would not pay more than the appraisal. Community Development Director Doerr pointed out that the annexation was approved by voter ' referendum. Commissioner Simmons inquired concerning the differences in acreage ' between the survey and acreage totals listed in the request. Mr. Robbins stated that there were 7.5 acres in the entire site and indicated the first'map presented was in error. He indicated that of the 7.5 acres, 3.6 acres would ' be Medium Density Residential, .5 acre would be Commercial General and the remaining 3.4 acres would remain Conservation. Commissioner Simmons inquired concerning the amount of acreage in the setback area that ' could not be used. Mr. Robbins pointed out the area on the map. Use of acreage, location of parking, and the conceptual drawing were discussed. Mr. Robbins pointed out that it would be a private marina for use by the ' residents and their guests and the parking for the commercial area would be buffered from the residential area. Commissioner Simmons also expressed concern regarding the annexation process and the zoning change from Open ' Rural to Conservation. Commissioner Beaver stated that he needed more information relative to the ' Planned Unit Development before he could vote to change the land use designation. He indicated that he was uncomfortable with the dramatic height change, which produced what he thought to be only subtle changes in ' the remainder of the proposal, and indicated he needed more information concerning the size of the proposed condominium units and the parking. Ron Zaj ack, the manager for the project, explained that the request submitted in July had been amended to comply with all of the city's codes for a mixed use Planned Unit Development. He indicated that a great deal of time and money had gone into the plan and pointed out that they would I ' September 27,2004 REGULAR COMMISSION MEETING Paye 7 comply with all of the city's requirements. He indicated that the units would I be smaller in size, or approximately twenty town homes could be built on the property. I Mayor Meserve inquired to City Attorney Jensen regarding the perception that the developers would be placing commercial buildings on residential property. City Attorney Jensen advised that the code allowed for a Mixed I Use Planned Unit Development, which would include both Residential and Commercial Development, and there was nothing illegal with this type of development. ' Commissioner Simmons believed this type of development would be inconsistent with Atlantic Beach development. ' Mayor Meserve explained that the procedure and indicated that the Commission was at a disadvantage because they could not discuss the project with each other or with the developer. He further indicated that at this stage of the process the developer would not be able to provide all of the answers that the residents expect and it would be unfair to expect him to spend all of the development money to do so. The Mayor believed that the Ideveloper had complied with the city's codes in making the request and the Commission had to decide if it really wanted any type of development on the island. ' Commissioner Waters inquired concerning the requested change from Conservation to Medium Density Residential and Commercial rather than ILow Density Residential. He believed the Commission should have more input on the plan and reiterated his dislike for the Planned Unit Development I process. Commissioner Waters indicated that if the motion would be withdrawn, he would make a motion to send the proposal back to the Community Development Board for a recommendation. He believed that I the Commission and the public would be better informed by the time it comes back to them for a vote. I City Attorney Jensen confirmed that Commissioner Waters voted on the prevailing side against the deferment. City Attorney Jensen confirmed that f Commissioner Waters was going to make another motion for deferment and I to come back to the Commission and repeat the process for a first and - second reading. City Attorney Jensen indicated there was no need to repeat the first and second readings of the ordinances,but agreed that the I Community Development Board could review the request and make a recommendation to the Commission. I Commissioner Beaver and Mayor Meserve agreed to withdraw their respective motion and second. Motion: Defer action on Ordinance No. 20-04-65 and send the request f September 27.2004 REGULAR COMMISSION MEETING Page 8 back to the Community Development Board for their review and recommendation to the Commission. Moved by Waters, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED 7C. Ordinance No. 52-04-02 Public Hearing and Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF DUVAL, STATE OF FLORIDA,ADOPTING ORDINANCE NUMBER 52- 04-02,REZONING LANDS AS DESCRIBED HEREINAFTER FROM ' CONSERVATION (CON)TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; ' PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE (Public hearing and final reading to consider enactment of Ordinance Number 52-04-02, an ordinance seeking ' to rezone lands from Conservation to Planned Unit Development. The request seeks to rezone approximately 7.5 acres from Conservation to Planned Unit Development (PUD). The plan of development proposes a ' mixed-use project with a private marina to include a marina club, lodge and restaurant. A maximum of 36 residential dwelling units are proposed and limited to the 3.6-acre residential portion of the site. Proposed development ' also includes parking areas, a civic space, marina service facilities and other associated amenities and accessory uses. Landscaping,preserved open space and submerged lands occupy the remainder of the site. No ' development shall exceed thirty-five (35) feet in height) The Mayor read the ordinance by title only. Motion: Defer action on Ordinance No. 31-04-03 and send the request back to the Community Development Board for their review and recommendation to the Commission. Moved by Waters, seconded by Simmons ' Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting 1 September 27,2004 REGULAR COMMISSION MEETING Page 9 Parking Space Lease A. Action on revised parking space lease agreement for owners of ' Agreement Island Club Condominiums City Manager Hanson recounted that during the September 13`h ' Commission Meeting,Resolution 04-07 was approved authorizing the lease of ten parking spaces to the owners of Island Club Condominiums based on certain conditions, which included that the owners form an organization to be responsible for the lease rather than ten individual owners, and that the lease have no connection with creation of parking spaces in Mandalay Park. City Manager Hanson identified the location of ten additional public ' parking spaces for beach access. A copy of his staff report is attached and made part of this official record as Attachment C. ' Motion: Approve revised lease agreement as presented. Moved by Parsons, seconded by Waters ' Votes: Aye: 4— Parsons, Simmons, Waters, Meserve Nay: 1 - Beaver MOTION CARRIED Mayor Meserve requested that a scrivener's correction be made on the last paragraph on page one of the lease to include after ...identified"and will create" and to add "prior to the signing of the lease" at the end of the sentence. The last paragraph now reads: Whereas, the City has identified and will create more than ten (10) additional parking spaces elsewhere in the City for beach access prior to the signing of the lease". ' Commissioner Parsons inquired concerning the blank line in the third paragraph of the lease and confirmed that the city would enter into the lease ' agreement with the Island Club Condominium Association or whatever name they choose for their organization. ' Commissioner Waters referenced Item 7 on page three of the agreement and indicated that he had no objections to a yearly increase, but believed it should not be based on the average increase in property values as ' determined by the tax digest. He believed it would be more appropriate to base the increase on the Consumer Price Index (CPI),but it should not be lower than a 3%per year increase. ' First Amendment to the motion: Include language in Item 7 of the lease agreement to reflect an increase in rent based on the Consumer Price Index (CPI) or 3%, whichever is greater. I September 27,2004 REGULAR COMMISSION MEETING Page 10 Moved by Waters, seconded by Simmons I Votes: Aye: 4— Parsons, Simmons, Waters, Meserve Nay: 1 - Beaver IFIRST AMENDMENT TO THE MOTION CARRIED Commissioner Beaver inquired concerning Item 1(c) of the lease and I commented that the city would be spending the annual rental fee on signage and upkeep. Discussion ensued concerning who should pay expenses relative to the signage for the parking spaces. Commissioner Waters I pointed out that the city was responsible for the signage to ensure uniformity and maintenance of the signs. I Second Amendment to the motion: Include language in Item 1(c) of the lease to indicate that the"Tenant" will reimburse the city for the cost of signage, decals and marking of the leased spaces. IMoved by Parsons,seconded by Beaver Votes: Aye: 5 — Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 - SECOND AMENDMENT TO THE MOTION CARRIED ICity Manager's Follow-up Report ' City Manager Hanson stated that initially he wanted to update the Commissioners on the clean up efforts resulting from Hurricane Frances, ' but the report would now include hurricane recovery operations from Hurricane Jeanne. I City Manager Hanson asked each Department Head to update the Commissioners on the damage caused by Hurricane Jeanne. Public Works Department I ' Public Works Director Carper provided the Commissioners a report of the i ' I operations of his department comparing road and debris clearing n ung both storms. ' ' Public Works Director Carper commended the city crews for their outstanding efforts during both storms. pj ' A copy of the Public Works Department Report is attached and made part 1fof this official record as Attachment D. I 1 ; 1 i September 27, 2004 REGULAR COMMISSION MEETING Page 11 Commissioner Beaver commended the city staff for their efforts during the ' hurricane. Utility Department Water and Wastewater Treatment Plants ' Utility Director Kaluzniak reported$6,000 in damage to equipment during Hurricane Jeanne. She indicated that three lift stations were without power, and there were no sewage spills due to staff carrying the portable pumps and a generator between lift stations. Public Safety Department Chief Thompson reported that his department provided traffic control, monitored for flooding, downed power lines and even helped with debris removal during the storm. He indicated the department building operated ' with their emergency generator and all radios and 911 remained in service. Chief Thompson praised the teamwork displayed by his officers and the city crews during this stressful time. ' Building Department Building Official Don Ford reported damage to the city's dune crossovers and the beach accesses. Photographs of the beach erosion were displayed. Mr. Ford indicated that repairs and the cost to add 100-feet of additional crossover would cost between$35 —40,000. He reported that all of the beach access, except 18th and 20`h Street were closed due to the damage. Discussion ensued and it was the consensus of the Commissioners that repairs should be made to the crossovers as soon as possible due to the hazardous conditions caused by the severe erosion. ' Commissioner Waters inquired concerning beach renourishment and the amount of sand required to replace what was lost. City Manager Hanson indicated that in the past, a profile of the beach was taken, and the amount ' of fill needed was determined from the profile. He further indicated that the amount of sand needed would have to be adjusted for the sand taken away by the storm. ' City Manager Hanson indicated a lot more sand would be needed and wondered if the city could obtain an emergency federal appropriation for beach renourishment. Mayor Meserve believed the three beach cities should join together and go to Duval County to carry the message to our local legislators. Mayor f ' September 27.2004 REGULAR COMMISSION MEETING Page 12 Meserve expressed concern that a winter northeaster would cause serious ' trouble for the beach. He believed a joint Resolution of the three beach cities would have more impact, and indicated he would be contacting the other beach Mayors and Jacksonville Council Member Art Graham to ' dovetail the information. Mayor Meserve commented that FEMA funding might be available, which would be more readily available. City Manager Hanson indicated that Commissioner Parsons and Public Works Director Carper would be attending the Florida Shore and Beach Preservation Association Conference later in the week and suggested they take the city message to the conference. Commissioner Simmons indicated that she had spoken with an engineer who worked with the Army Corps of Engineers and was informed by him that the dune had grown six-inches a year in height and two feet per year in east-west width over the years. She also reported that he told her the sand ' was not gone, but had formed a sandbar in the ocean ready to be blown back on shore. ' Commissioner Beaver believed the erosion might not have been so severe had the city received its scheduled beach renourishment last year. He suggested that Commissioner Parsons take some of the photographs ' displayed by Building Official Ford to the conference. Consent Agenda 4. Consent Agenda ' Commissioner Waters requested that Consent Agenda Item 4D be removed from the Consent Agenda for discussion. ' A. Acknowledge receipt of Monthly Building Department Activity ' Report, Utility Sales Report, Public Works and Utility Departments, Building Department, Department of Public Safety and Financial Report for August (City Manager) ' B. Award annual contract to Calciquest for Orthophosphate, as specified in Bid No. 0304-24, in the amount of$0.54 per pound (City Manager) ' C. Award annual contract to Beachcombers,Inc. for beach cleaning, as specified in Bid No. 0304-23, in the amount of $34,018 (City Manager) ' E. Approve renewal of the city's non-benefit insurance at rates listed in the Staff Report dated September 21, 2004,to be effective October 1,2004 (City Manager) ' Motion: Approve Consent Agenda Items A, through C and E as presented. 1 1 I September 27,2004 REGULAR COMMISSION MEETING Pa2e 13 There was no discussion. ' Moved by Simmons, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED ' D. Authorize continuing employee basic Life and Accidental Death and Dismemberment Insurance with ING at current basic rates of$0.31/$1,000 of coverage for Life Insurance and $0.04/$1,000 for AD&D Insurance(City Manager) Motion: Approve Consent Agenda Item D as presented. ' Commissioner Waters inquired concerning the city providing life insurance for its employees. City Manager Hanson explained that the amount of coverage was based on the employee's annual salary, with a maximum provision of$50,000. There was no discussion. Moved by Waters, seconded by Beaver Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 tMOTION CARRIED Committee Reports 5. Committee Reports There were no Committee Reports Action on Resolutions 6. Action on Resolutions A. Resolution No. 04-12 ' A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING DONNA BUSSEY AS CITY CLERK,FIXING HER DUTIES AND RATE OF COMPENSATION,AND PROVIDING AN EFFECTIVE DATE Motion: Approve Resolution No. 04-12. ' Mayor Meserve explained the selection process used for filling the City Clerk position. The Mayor congratulated Ms. Bussey and stated that he looked forward to working with her. ' Moved by Beaver, seconded by Waters Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 t Se I tember 27.2004 REGULAR COMMISSION MEETING Pa!e 14 MOTION CARRIED B. Resolution No. 04-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA ' LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,2005; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED- BACK RATE; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve announced that the millage rate was 3.0394 for operating purposes for fiscal year 2004/2005,which was 7.025 %higher than the roll- back rate of 2.8399. He indicated that the purpose for the increase in ad valorem tax revenue was to maintain adequate funding for the existing level of service provided by the city. Motion: Approve Resolution No. 04-11. The Mayor opened the floor for a public hearing and invited comments from the audience. ' No one spoke and the Mayor closed the public hearing. There was no discussion. ' Moved by Waters, seconded by Parsons Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-65 Public Hearing and Final Reading ' AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2004 AND ENDING SEPTEMBER 30, 2005 Mayor Meserve presented in full, in writing, Ordinance No. 20-04-65. ' He opened the floor for a public hearing and invited comments from the audience. ' No one spoke for or against the ordinance and the Mayor closed the public hearing. tMotion: Approve Ordinance No. 20-04-65 on final reading. 1 September 27.2004 REGULAR COMMISSION MEETING Page 15 There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Agenda Items 7B and 7C were taken out of sequence and acted on earlier in the meeting. ' B. Ordinance No. 31-04-03 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED ' BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND ' USE MAP (FLUM) FLOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL RELATED TO A SMALL SCALE ' DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN ' EFFECTIVE DATE (Public hearing and final reading to consider enactment of Ordinance Number 31-04-03,pursuant to an application(File Number SSA-2004-01) for a change in land use designation as established ' on the 2005 Future Land Use Map seeking a re-designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from Conservation to Commercial. The proposed project is known as Johnston Island) C. Ordinance No. 52-04-02 Public Hearing and Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02,REZONING LANDS AS DESCRIBED ' HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL ' CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE (Public hearing and final reading ' to consider enactment of Ordinance Number 52-04-02, an ordinance seeking to rezone lands from Conservation to Planned Unit Development. The request seeks to rezone approximately 7.5 acres from Conservation to ' Planned Unit Development(PUD). The plan of development proposes a I September 27,2004 REGULAR COMMISSION MEETING Pate 16 mixed-use project with a private marina to include a marina club, lodge and restaurant. A maximum of 36 residential dwelling units are proposed and limited to the 3.6-acre residential portion of the site. Proposed development also includes parking areas, a civic space, marina service facilities and other t associated amenities and accessory uses. Landscaping, preserved open space and submerged lands occupy the remainder of the site. No development shall exceed thirty-five (35) feet in height) ' D. Ordinance No. 75-04-17 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY ' OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND 21-31(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED ' FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY PARKING SPACES, ADOPTING ORDINANCE 75-04-17, ' PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE ' The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 75-04-17 on first reading. ' Mayor Meserve explained that the ordinance would correct the amount of fine to be assessed for illegal parking in ADA accessibility parking spaces. ' The Mayor announced that the public hearing for the ordinance would be held October 11, 2004. ' Moved by Waters, seconded by Beaver Votes: ' Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED 8. Miscellaneous Business ' A. Authorize the City Manager to sign a contract with C.C. Borden Company for expansion to City Hall and for lobby renovations in the amount of$407,686 (City Manager) Motion: Authorize the City Manager to sign a contract with C.C. Borden Company for expansion to City Hall and for lobby renovations tin the amount of$407,686. There was no discussion. i September 27,2004 REGULAR COMMISSION MEETING Page 17 ' Moved by Waters, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED B. Appointments to the Code Enforcement Board (3) (City Clerk) Mayor Meserve indicated that he would like to reappoint Ray Breault and ' Carl Russell to three-year terms on the Board and appoint Suzanne Noel to fill the expired term of Richard Mann, who served on the board for nine years and reached the term limit. ' Motion: Reappoint Ray Breault and Carl Russell to three-year terms on the Board and appoint Suzanne Noel to a three-year term on the ' Board. (Ms. Noel's appointment fills the position held by Richard Mann who served on the board for nine years and reached his term limit). D was the consensus of the Commissioners that a Resolution be drafted commending Mr. Mann for his many years of service on the Code Enforcement Board. Moved by Meserve, seconded by Waters Votes: ' Aye: 5—Beaver, Parsons, Simmons,Waters,Meserve Nay: 0 MOTION CARRIED ' 9. City Manager ' A. City Manager's Report City Manager Hanson commented on each item of his written report. A ' copy of the report is attached and made part of this official record as Attachment E. ' Revenue Bond Refunding ' In addition to the written report, City Manager Hanson recounted that two months ago the Commission authorized a contract with Dunlap and Associates to provide financial services to refund the city's outstanding ' Revenue Bonds and obtain proposals for a bond underwriter and legal services. However,before this could be accomplished the interest rates changed making it impossible to continue the process. City Manager ' Hanson indicated the interest rates have changed again, and now the city can take advantage of substantial savings. RFP's will be issued as soon as f September 27,2004 REGULAR COMMISSION MEETING Page 18 possible and brought back to the Commission for approval. A letter from Dunlap and Associates summarizing the expected savings is attached and made part of this official record as Attachment F. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver ' C. Thanked city staff for their work during Hurricane Jeanne. Commissioner Simmons ' C. Stated that two months ago Ocean 60 had requested a waiver to the sign regulations to allow a hanging bracket sign to encroach into the city right-of-way at their place of business. At that time the Commission ' deferred action on the request to allow the Town Center Agency time to review the application and make a recommendation to the Commission. She indicated that the Town Center Agency was moving very slowly on t the request, and suggested that staff obtain information on hanging signs to move the process forward. C. Stated she had spoken with a new resident to the city and requested that consideration be given to create a brochure for new residents that would encourage citizens to protect our tree canopy and ambience of the city. Commissioner Parsons ' Reported that he would be attending the Florida Shore and Beach Preservation Association Conference later in the week. Commissioner Waters } Requested that a plaque honoring Richard Mann's service on the Code ' Enforcement Board be prepared for presentation at a future meeting. By consensus, the Commission agreed to the request. ' Commented that the citizens of Atlantic Beach opposed the proposed Planned Unit Development and reiterated his position that the City Code ' for Planned Unit Developments should include an acreage requirement. Mayor Meserve ' + Reminded the Commissioners of the City Manager's upcoming salary and performance evaluation. 1 I September 27,2004 REGULAR COMMISSION MEETING Pace 19 ' + Commented that it was good to see neighbors helping neighbors after Hurricanes Frances and Jeanne. ' Recounted an incident relative to an unlicensed contractor leaving a cut up tree, which was downed by Hurricane Frances, piled in the street for city crews to pick up. It was pointed out that the city code required the ' contractor to remove the debris, but because he did not do this, the owner was forced to pay to have the debris removed. The Mayor requested that staff looking into modifying the code for emergency situations, such as those caused by the back-to-back hurricanes. :• Recounted problems experienced during Hurricane Frances and ' indicated he would be meeting with Jim Dickinson of the Jacksonville Electric Authority(JEA) to discuss better communications, electrical system integrity and mapping of the system. The Mayor believed the ' city should make a formal request in writing for the JEA to address these items. ' Commissioner Parsons inquired if the city could take over the system from the JEA. Discussion ensued. The Mayor felt it would not be feasible to do so,but requested that staff review the contract with the ' JEA to see if this was an option. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:05 p.m. John Meserve,Mayor/Presiding Officer ATTEST: Jim Hanson Interim Municipal Clerk I 1 I ' AGENDA ITEM#3A OCTOBER 11,2009 October 4, 2004 ' MEMORANDUM TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Han •.Wle, ' SUBJECT: Follow-up `port ' Beach Renourishment; The urgent need for beach renourishment following the damage done by Hurricane Jeanne was discussed at the last city commission meeting on September 27th. Since ' that time, Congressman Crenshaw's office has been contacted and the Congressman made a brief tour of the damage in Atlantic Beach on Monday, October 4th. Joining in that tour was top officials from the Regional Corps of Engineers Office, Mayor Meserve, and representatives from ' Jacksonville Beach. The Corp representatives explained that they had submitted a supplemental funding request that would be taken up by the Congress within the next several days. Congressman Crenshaw indicated his support for that measure. However,he did not feel that it ' was likely that the Senate would be able to act on the supplemental funding request as quickly as Congress could. We are planning to contact both Senator's offices in Washington to let them know of the damage done in Duval County and solicit their support for funding at the federal ' level. Hurricane Follow-up; This will be the third (and hopefully the fural) report on emergency ' actions taken to repair and clean up after recent hurricanes. City staff expects to have the remaining debris from Hurricane Jeanne picked up by the end of business on October 4th resulting from another joint effort from our contractor and city crews. Unlike Hurricane Frances debris removal, the city expects to be able to complete this project without having to pay additional money to our solid waste contractor. The biggest damages from Hurricane Jeanne were at the beach. No only did we experience considerable erosion of the dunes, but virtually all of the city's walkovers that extended to over the primary dune line were also seriously damaged. Through combined efforts of the Streets and ' Recreation Departments, temporary patches were put in place to reopen all of the city's walkovers for public use by Friday, October ln. Rick Carper will provide further information on the hurricane follow-up and is also expected to make a report of his findings at the Beaches Renouishment Conference that he and Commissioner Parsons recently attended. I AGENDA ITEM#4A OCTOBER 11,2004 I r I rno IOOrmi ym r- e m NCI VI, co W „ �I 4-1mmol Z O F O Z 1 W 7. 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E -4 o¢ Omp� v a 0Q W Fa a ' Fa o aN Z a I ' U °u a I p o pa u 4 I 0. w z u 9 A 3 C..1 W ¢ .' .E .. :34 d a = ; F1 0 Z n i ,4 w • w ¢ G 1:1-,°II A. O p u II ?4, n II W ' a O acid CUA u p a ' m U • a c Z v` a 0 3 I w y g oa a I Zoa -, w F p II a q jo2 `e I q• a m — DU a� I A ' AGENDA ITEM#4B OCTOBER 11,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Re-bid the Lawn Maintenance of City Parks Annual Contract bid number 0304-22 ' SUBMITTED BY: Timmy Johnson, Recreation Director ' DATE: September 21,2004 ' BACKGROUND: Bids were opened for Lawn Maintenance of City Parks Annual Contract bid number 0304-22. There were five bidders and the bids were as follow: ' • Moe Better Lawn Care $64,695 • Environmental Innovations Incomplete • Cuyler's Lawn Service Incomplete ' • A Native Sun Landscaping Incomplete • American Land Care Incomplete ' Moe Better Lawn Care does not meet the specifications for five years experience for all types of lawn maintenance work. Cuyler's Lawn Service is the current contractor and ' their contract will be extended for another month. BUDGET: Funds for this contract is budgeted in account number 001- 6020-572-34-00($75,000). RECOMMENDATION: Re-bid the Lawn Maintenance of City Parks Annual ' Contract bid number 0304-22 ATTACHMENTS: Bid Tab REVIEWED BY CITY MANAGER 74(.71 IAGENDA R4 I } I § ) X . XX . . . / ) | § 1 ( 4C Z z \ / _ � . x . . x0 a / I I CC 1 bil - . X ,OC . CP u_ III Ill to WI I ° \ � � O it \ . . x . x /) \ 2121 5 \ " c \ I § § \ , r | . - - - - . ex # : \ tui / � \ \ ` / I { o a al o c - -12 / 2 _ � Rz • ) \ / § ) / / ! r ; l � ! ! R « . • � � � ` ` ` ` % ! • \ ( } \ $ ) ( \ ! ) ) ! l ; : r4 / ! ai U) : : j \ ) { / ! . ' AGENDA ITEM#4C OCTOBER 11,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Extension of Lift Station SCADA Contract Bid No. 0304-21 SUBMITTED BY: Donna Kaluzniak,Utility Directr ' DATE: October 1, 2004 BACKGROUND: The central SCADA system has been installed at the water and wastewater ' plants, and on August 23, 2004,the City Commission awarded a contract to Control Design, Inc. for installing the SCADA system at 12 of the 29 lift stations. ' The bid unit costs per lift station were: Control Design,Inc. Engineer Service Corp. ' $5,555 $7,500 The FY05 budget includes$50,000 to add more lift stations onto the SCADA system. Staff would like to extend Control Design, Inc.'s contract to install SCADA at an additional 9 lift stations,based on the$5,555 unit cost per lift station. ' BUDGET: A total of$50,000 is budgeted for Lift Station SCADA in the Sewer Fund in account number 410-5506-535-6300. ' RECOMMENDATION: Extend Control Design,Inc.'s contract for Lift Station SCADA to include nine additional lift stations at a cost of$49,995. ' ATTACHMENTS: ' REVIEWED BY CITY MANAGER: 1 1 1 1 ' AGENDA ITEM#7A OCTOBER 11,2004 ORDINANCE NUMBER: 75-04-17 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND 21-38(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY ' PARKING SPACES, ADOPTING ORDINANCE 75-04-17, PROVIDING FOR RECORDATION AND PROVIDING AN ' EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. Sections 21-17(g)(2) and 21-38(h) of Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances for the City of Atlantic Beach, Florida are hereby amended, and upon enactment shall read as follows: Section 21-17(g)(2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of five hundred dollars($500.00) two-hundred fifty dollars ($250.00). Section 21-38(h) Illegal parking in designated ADA Accessibility parking spaces $-500,00$250.00 ' SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, ' Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of ' Atlantic Beach this 27th day of September, 2004. Passed upon final reading and public hearing this day of October, 2004. 1 JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: Attest: ' ALAN C. JENSEN, ESQUIRE JIM HANSOM City Attorney Interim City Clerk •1 ' AGENDA ITEM #7B OCTOBER 11,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 20-04-67 AMENDING THE OPERATING ' BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,2005. SUBMITTED BY: Nelson Van Liere Finance Director DATE: October 5, 2004 ' BACKGROUND: In the 2003-2004 fiscal year budget, the City funded the construction of a skateboard park using a combination of City funds, donations and contributions. Due to project delays,the ' contract for the construction was not awarded before September 30, 2004 as was anticipated when preparing the 2005 budget. As a result it becomes necessary to re-budget those funds by adding ' them to the 2005 budget. This ordinance will amend the 2005 budget recently adopted to include the funding for the construction of the park. BUDGET: The total decrease in fund balance for the Convention Development Tax Fund will be $74,250 as originally planned. No ' additional funding is included in this ordinance. RECOMMENDATION: Approve Ordinance No. 20-04-67 ATTACHMENTS: Ordinance No. 20-04-67 ' REVIEWED BY CITY MANAGER: 1 AGENDA ITEM#7B OCTOBER 11,2004 ORDINANCE NO. 20-04-67 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ' ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS,the City had budgeted funds for the construction of a skateboard park in the 2003- 2004 fiscal year budget, and WHEREAS,the City of Atlantic Beach did not award a contract for the construction before the end of the year making it necessary to re-budget the funds in the current year, and WHEREAS,also addressed in this budget modification is the supplemental funding for donated finds from the Rotary Club fundraiser and from the City of Jacksonville, and WHEREAS,the City has identified excess fund balance in both the Convention Development Tax Fund and the General Fund that may be used to begin the project and fund the project until such time as the pledged donations and contributions are received. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,that; ' 1. The Fiscal Year 2004/2005 Final Budget be amended as follows: ' Convention Development Tax Fund Revenues: Donations from Rotary Club 65,000 ' Contributions from City of Jacksonville 35 000 Total Revenues: $100,000 Expenses: ' Parks and Recreation Capital Outlay—Improvements $174,250 t Change in Fund Balance: <$74,250> 2. This ordinance shall take effect immediately upon its adoption. ' Passed by the City Commission on first reading this_day of October 2004. Passed by the City Commission on second and final reading this day of October 2004 John S. Meserve Mayor/Presiding Officer Approved as to form and correctness: A 1 1 EST: Alan C. Jensen, Esquire Donna Bussey City Attorney City Clerk AGENDA ITEM#8A OCTOBER 11,2004 i CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from the 10th Street Beach Access Committee for ' matching funds totaling $2500 for improvements at 10th Street Beach Access ' SUBMITTED BY: Timmy Johnson, Recreation Director DATE: October 1,2004 BACKGROUND: Staff received a request form the 10th Street Beach Access ' Committee for improvements at the 10th Street Beach Access. The Committee is requesting matching fiords totaling$2500 for the improvements. A plan is attached ' and includes brick pavers,fountain grass, lantana,beach sunflower, loropetalum ruby, salvia purple and depending on the funding some palm trees. The Committee plan is to ' sell the brick pavers to raise their share of funds. The total cost of the project is estimated at$8,000. This project falls in line with the program;the area is very visible,the area is ' in need of improvements and water use will minimal. BUDGET: Funds for this project will come from the Beautification ' program account 001-6025-541-5200 RECOMMENDATION: Approve the request from the 10th Street Beach Access ' Committee for matching funds totaling$2500 for improvements at 10th Street Beach Access ' ATTACHMENTS: 1. Letter from the 10th Street Beach Access Committee 2. Landscape Plan 1 REVIEWED BY CITY MANAGER: 47:t AGENDA ITEM#SA OCTOBER 11,2004 I TENTH STREET ACCESS BEAUTIFICATION PROJECT ' 149 10th Street Atlantic Beach, FL 32233 270-1321 September 26, 2004 1 Mr. Tim Johnson ' Parks and Recreation Department Adele Grage Community Center City of Atlantic Beach 716 Ocean Blvd. Atlantic Beach, FL 32233 ' Dear Mr. Johnson: ' Attached is our proposal to the City of Atlantic Beach for improving the beach access area near the seawall at the East end of 10th Street. You will find a description of the plan, estimated costs, methods for collections of funding, maintenance schedule and appended documents, copies of bids for the plantings and pavers, and the necessary FDEP Field Permit. ' Please offer your suggestions for improvements so that we can present this proposal to the City Commission. Thank you in ' • / 0' � Goodling, co-chair aterie Vanecek, co-chair 1 1 AGENDA ITEM#8A OCTOBER 11,2004 I FUNDING ' We propose that our share of the costs be provided by selling signature bricks/pavers to t those who want them with their name(s) engraved and placed at the base of 10th Street, for immortality. As successful as has been the City's lead at the Towne Centre and as successful as we have been in getting commitments for such bricks, we expect to have no difficulty in finding money for our project. Each brick will be purchased and engraved for ' $12.50 each ($12.00 for engraving and $0.50 for the unengraved brick). If our share of the cost is $5000, we need to sell about 150 bricks at $50 each to cover that amount. ' With only one neighborhood solicitation, we have written commitments for 60 bricks to date. Further, we have already secured a commitment from a local trust fund director (501C3) for a $1000 contribution to this non-profit effort. ' Upon approval of our project and collection of money for the signature bricks, all the pavers will be laid at one setting and without major disruption of the access. As was done with the Towne Centre pavers, we expect that beyond our initial 10th Street Project, others should want their signature bricks added to the area. To do so, we have been assured that ' despite the fact that the entire area is secured and bordered with pavers, it is quite easy to extract groups of plain ones for replacement with engraved ones. We expect that these additional bricks will provide the necessary maintenance funds indefinitely. 1 FLORIDA DEPARTMENT of ENVIRONMENTAL PROTECTION ' As required, we contacted Ms. Bobbie Nelson of the Florida DEP to seek permission for our project as it impacted Federal land. Her written permission (attached) allows for the ' removal of asphalt for the pavers and garden areas, placement of vegetation and paver bricks, transition step to the existing wooden steps, and auto barriers on the West side. ' No work is to be seaward of the existing seawall/bulkhead. SURVEY MARKER 1 We have received permission from the U.S. Army Corp of Engineers to arrange for an existing survey marker on the concrete platform to be bricked around or bricked over as long as the Corp can gain access to that marker. We shall do so. I AGENDA ITEM 08A OCTOBER 11,2004 ' PROPOSAL In the time frame of November, 2003, an ad hoc committee of 10th Street residents formed ' to consider plans to beautify our beach access. Several public meetings were held at that access to discuss concerns and desires. Notices of such meetings were distributed by hand ' to all residents from the oceanfront to Seminole road. A set of four officers was chosen and we proceeded with meetings over the next several months. I Over time, a plan has emerged that, if instituted, will dramatically change the appearance of a 22.5 ft. x 45 ft. (1000 sq. ft.) area encompassed by the yellow wheel stops to the West, private property borders to the South and North and the back edge of the old sea I wall (see attached photo). We envision two triangular garden areas (total 340 sq. ft.) at the Northwest and Southwest corners, a shower at the Southeast corner and signature pavers (like those on the sidewalks of the Town Center) on the remaining areas. A sketch ' of this proposed project is also attached. ESTIMATED COSTS 1 (all numbers rounded) I Shrubbery (two bids) Second Hand Rose (including Palm) $2430 Second Hand Rose (excluding Palm) or $1910 I Hickory Creek (including Palms) $2380 or Hickory Creek (excluding Palms) $1800 ' Pavers (one bid) Purchase from Cash Building Materials (552 sq. ft.) I 4"x 8" per brick @ $0.45 per brick $1120 $1120 Installation of Bricks (one bid) IImetry, Inc. of Fernandina Beach $2060 $2060 Carpentry and Labor (done by 10th Street Committee) ' Hauser (2" manila rope, car stops, PVC, concrete, etc.) $1000 $1000 Installation of Water from Beach Ave. $2000 $2000 ' TOTAL COSTS ' Including palm trees $8500 Excluding palm trees $8000 I IAGENDA ITEM#8A OCTOBER 11;T,2004F/ 'I, jh I ' �I � / � - I--- \ I 1 1-HIS AR�"i 1\v II FUTURs BBA[MI —�' \ /iiDO/JC, _ n RES-7-0/2.-/776/1./.RES-7-0/2.-/776/1./RES-7-0/2.-/776/1./RES-7-0/2.-/776/1./ \ 5MA/D DUNE)/// 1 I r--J ‘ -7-0 COVHT ,E.1/ST/Nh x ` C AD�A/b7 W DUNE_ �� QTS/ CX IS 7-/N 5, DYNES \ / ,9ReA Z 1 I \ /-'-' a.a../94x. OOT V PGa,UTe/I, 4S A+e11/4-70 -. I Por'sar dwNs Raslb4' v4ara ... it aS r#"- . e G aXy, aN T.. j` LataaY,Eb; G y f e 9 5,40 CYS tr r..� ..i C"J' 4' /- w,y„ ..s w..."'^. .;✓. .: _e Ix`17.. rf../P STREET .{@ w'� _ r Tt ..th I T FT F/TLANT/ ^_ piaFCN ;.P%P Ir/F/OAr/ON P4A4/ _, A _ _ _ _ _ ev L G IC Q ' IS H/ b THFRER eL/c /?ien/uQ G 8/26A 3 I 1 .. 1 '-j- ii U Imo; J. i AGENDA ITEM#SA OCTOBER 11,2003 1 1 • 111 1 BEACH SIDE -Warr 1 1 tis 1 SHORE SIDE 1 1 1 U.S.C.E. MARKER ' AGENDA ITEM#SB OCTOBER 11,2004 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: Approval of the Local 630, White Collar union contract for the ' period October 1, 2004 through September 30, 2005. SUBMITTED BY: George Foster, Human Resource Manager "O DATE: October 5, 2004 ' BACKGROUND: The City and Local 630 White Collar union have agreed to the provisions of a new contract to be effective October 1, 2004. The key changes in the contract are: - General - Clarifies several issues and makes minor administrative changes/corrections within the contract. ' - Art 13.1(c) - Allows an employee to change their leave accrual limit in increments of 120 hours with no change to the minimum of 120 hours or to the maximum of 960 hours as provided to nonunion employees. ' - Art 13.1(e) - Allows employees to select optional cash in dates as opposed to current twice annual fixed dates as provided to nonunion employees. - Art 20.3 - Increases the employee contribution rate to pension plan by+1%. - Art 20.3 - Reduces the pension multiplier, for new employees, from 2.85% to 2.5%. - Art 26. 1 - Provides the same pay increase, effective October 1, 2004 for union members as provided to nonunion ' employees. BUDGET: Funds for these changes are currently within the budget. ATTACHMENTS: Articles with major changes (Articles 13, 20, 26, and Exhibit A) are attached. A copy of the complete contract is available within ' the City Clerk's office for review. Added items are in bold underlined with deleted items in bold-strikethrough. RECOMMENDATION: That the City Commission approve the Local 630, White Collar, union contract for the period October 1, 2004 through September 30, 2005. ' CITY MANAGER: AGENDA ITEM#8B OCTOBER 11,2004 i ARTICLE 13 PERSONAL LEAVE HOURS 1 13.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be ' considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has a Personal Leave or Compensatory Time ' balance, follows the procedures set forth in this Article, and receives prior approval from the employee's supervisor, or the appropriate Department Head or his designee. ' (b) When a Personal Leave Hour is used for illness or other emergencies, employees are required to notify their supervisor, or if he is unavailable, the ' appropriate Department Head of the nature of the illness or emergency as early as reasonably possible and no later than one(1) hour after starting time ' each day the employee intends to be absent, that the employee is unable to report to work because of illness or other emergency; however, employees on shift work must notify the supervisor or if he is unavailable the ' appropriate Department Head no later than one (1) hour before shift starting time. ' Except as stated above when an employee is planning to use seventeen (17) hours or more of Personal Leave Hours he must submit his request to take leave in writing to the appropriate Department Head or his designee at least five (5) calendar days prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight (48) hours prior to the first t day of the intended absence. The appropriate Department Head or his designee shall respond to the request as soon as possible after receipt of the request. Personal Leave may be taken in increments of fifteen (15) minutes or more. Approval of leave may be suspended if in the discretion of the appropriate Department Head such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department, or if the notification requirements set forth in this Article are not followed. ' (c) Each employee is required to select a personal leave limit of 120, 240, 360, 480 600, 720, 840 or 960 hours that will best fit the employee's needs t Employees may change their Personal Leave limit in December of each year. Those that do not change their limit shall retain their previously established limit. Thereafter, employees must utilize their Personal Leave ' Hours or the employee shall be automatically paid for all hours accumulated 25 AGENDA ITEM#88 OCTOBER 11,2004 i that exceed their established maximum limit in accordance with Article 13.1(e). Employees who do not select a personal leave limit will be assigned a 960 hour limit. (d) For Personal Leave used for illness, the Employer always retains the right to require medical documentation of the illness. ' (e) For hours permissibly accumulated under this Article, the employee shall be automatically paid for all personal leave hours that exceed the personal t leave limit as established by the employee. For the purpose of paying for accrued leave time, the Employer will automatically pay the-empleyeetwe • •• . • • .. • . ' : •• • • for personal leave on the cash-in date(s) as selected by the employee. In December of each year, employees will have the option to select one of the following leave cash-in options: (1) first pay date in June and ' December, (2) first pay date in June only, or (3) first pay date in December only. Personal leave cashed in will be based upon the cash in date(s) as selected by the employee and the employee's personal leave account balance on the pay period that immediately precedes the designated withdrawal-date cash-in date(s) as selected by the employee. Employees who do not select a cash-in date(s) will retain their current cash-in ' date(s) option. (0 No Personal Leave Hours may accumulate to an employee who is in a non- pay status or utilizing donated leave. (g) Subject to the restrictions contained in this Agreement Personal Leave ' Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. ' (h) An eligible employee who resigns with at least two (2) weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. 1 1 1 1 26 1 ' AGENDA ITEM #SB OCTOBER 11,2004 i (i) The accrual rate of Personal Leave Hours shall be determined as follows: Hours Per Total Annual Years Pay Period Hours Beg. 1st through 3rd yr. 5.81 151 Beg. 4th through 7th yr. 6.78 176 Beg. 8th through 11th yr. 8.31 216 Beg. 12th through 15th yr. 9.85 256 ' Beg. of 16th year and over 10.47 272 1 t 1 1 27 AGENDA ITEM NB OCTOBER 11,2004 i ARTICLE 20 INSURANCE ' 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for such City provided coverage. 20.2 The City agrees to provide employees with the same basic group health insurance program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage, including dependent coverage, for bargaining unit employees as it does for other City employees. 20.3 Effective upon necessary changes to the General Employees Pension ' Plan, employees participating within the City's General Employees Pension Plan shall have their pension contribution rate changed from two percent(2%) to three percent (3%) of salary. ' 20.4 Effective upon necessary changes to the General Employees Pension Plan, new employees will contribute three percent(3%) of salary and shall have their multiplier changed from two-point-eight-five percent (2.85%) to two-point-five percent(2.5%) of salary. ' 37 AGENDA ITEM#8B OCTOBER II,2004 I ARTICLE 26 WAGES ' 26.1 (a) Effective October 1, 20034, the salary ranges within Exhibit "A" shall be increased by three (3%) percent. Employees covered by this Agreement shall have their pay adjusted as follows: - If a probationary employee with less than six (6) months service, the employee's pay shall be adjusted by three percent (3%). - If employee has completed their initial probationary period and ' received an evaluation of"Meets Requirements" or above, they shall have their pay adjusted by six percent (6%) of the new midpoint for their pay grade. ' - If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment and—the • - Employees who receive an overall rating of "Below 111 Requirements" on their evaluation, or who believe the City did not follow the City's performance guidelines, may file a grievance utilizing the grievance procedures contained within Article 10. Bonuses. Employees of the bargaining unit are eligible to receive a bonus based upon performance in accordance with the City's performance evaluation program guidelines. The pay grades and salary ranges for classifications within the bargaining unit are incorporated herein as Exhibit "A". Minimum Pay. In no case shall an employee's pay be established below the base pay for the grade of the position to which the employee is assigned. ' Maximum Pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the grade of the position to which the employee is assigned. Bonuses: Employees in the bargaining unit are eligible to receive a bonus based upon receiving an "Above Satisfactory" performance evaluation in 43 1 AGENDA ITEM#8B OCTOBER 11,2004 I ' accordance with the City's performance evaluation program. (b) Longevity: All eligible employees shall receive twenty-five ($25.00) ' dollars per month for each five years served with the City up to and through the 20th year. This amount shall be in addition to the employee's base pay and paid as an "add pay". t26.2 The Job Classification/Grade Chart is set forth in attached Exhibit A. 26.3 Entrance Wage Determination: (a) Initial appointment to any position shall normally be made at the ' entrance rate of pay established for the position. Upon recommendation from the Department Head, the City Manager may approve the hire of a new employee at a rate of pay above the ' starting rate of pay. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: , 1. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries increased to be equal to that of the newly hired employee, or; ' ' 2. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this provision, the City ' will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 26.4 Lateral Transfers: When an employee is either recruited to or assigned another job within the same salary grade and with essentially the same job responsibility level, they will remain at their current salary level and salary grade to which they are currently assigned. ' 26.5 Promotion: A promotion is the advancement of an employee from their current position to another open job, with greater responsibilities, in a higher pay grade. The promotion is based on documented, demonstrable ' increase in the scope of work. The granting of a different title alone, without a change in pay grade, does not warrant a promotional salary increase. (a) Salary Adjustment: An employee who receives a promotion to a higher salary grade (either by taking on a new position or the ' employee's current position is reclassified to a higher salary grade) 44 AGENDA ITEM#813 OCTOBER 11,2004 I ' should receive a salary increase at the time the promotion becomes effective, to a least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints, whichever is greater. ' (b) Calculating a Promotional Increase: Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: ' New Midpoint—Current Midpoint = Promotion Increase Amount(%*) Current Midpoint ' or ' An increase to the minimum of the new pay grade, whichever is greater. ' * Not to exceed 12% unless required to bring employee's salary to the minimum of the new pay grade. 26.6 Demotion: Demotions are defined as reductions in job duties and responsibilities that result in a salary grade reduction. When an employee ' is demoted, the employee will receive a decrease in pay equal to the midpoint differential between the pay grade their job is currently assigned and the newly assigned pay grade. The formula used to calculate the ' salary decrease associated with a demotion is as follows: New Midpoint—Current Midpoint = Promotion Decrease Amount(%*) Current Midpoint or A decrease to the maximum of the new range, whichever is greater. ' Should the demotion be the result of non-disciplinary action (e.g., a reduction in force), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest ' possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer shall make the final ' decision as to reassignment of and pay for the employee in accord with the 45 ' AGENDA ITEM#8B OCTOBER 11,2004 I provisions of this section. 26.7 Evaluation for satisfactory service shall be standard in writing throughout the bargaining unit with each activity using the same evaluation form and procedure as that utilized for all non-union City employees. If the employee believes the evaluation procedure was not followed, they may invoke the grievance procedure and submit the grievance at Step 1. 26.8 Any employee covered by this Agreement who is temporarily required by the appropriate Department Head or his designee to substantially perform the duties of a higher classification and who is expected to perform such t duties for a period that will exceed five (5) working days (40 hours) shall be eligible for Acting Capacity / Out of Position pay in accordance with City policy. 1 1 1 1 1 1 ' 46 1 IAGENDA ITEM #SB OCTOBER 11,2004 I EXHIBIT A CITY OF ATLANTIC BEACH IJOB CLASSIFICATION/PAYGRADE EFFECTIVE 10/01/20034 IGRD MIN MID MAX TITLE I 12 8.35 10.12 12.51 Customer Service Representative 8.60 10.74 12.89 Police Records Clerk Property Evidence Records Clerk Recreation Leader 13 -9409 1137 13.65 Accounts Payable Clerk I 9.36 11.71 14.06 Police Records Specialist Receptionist/Building Pemtit Clerk Utility Billing Specialist I14 9.92 -1-2.39 14.87 Animal Control Officer 10.22 12.77 15.32 Recreation Coordinator Records Management Clerk I 15 10.82 13.50 16.21 Emergency Communications Officer 11.14 13.92 16.70 Secretary(City Clerk) I16 11.77 11.73 17.67 No positions within this grade 12.12 15.16 18.20 ' 17 12.83 16.05 19.25 Administrative Assistant(Parks/Rec) 13.21 16.52 19.83 Code Enforcement Officer IPurchasing Agent 18 44.00 17.50 20.99 No positions within this grade I 14.42 18.02 21.62 19 15.25 4-947 22:89 Accountant 15.71 19.64 23.58 Computer Network Technician IDeputy Building Official 20 16.02 2135 26469 No positions within this grade I16.50 22.00 27.49 21 17.46 23.2g 29.10 Public Works Inspector I17.98 23.98 29.97 Technical Designer 22 19.53 26.08 32.59 Special Projects Manager I 20.14 26.85 3337 56 AGENDA ITEM#8C CITY OF ATLANTIC BEACH OCTOBER 11,2009 CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: Approval of Local 630 Blue Collar union contract for the period October 1, 2004 through September 30,' 2005.�y�,'y SUBMITTED BY: George Foster, Human Resource Manager .0 DATE: October 5, 2004 BACKGROUND: The City and Local 630 Blue Collar union have agreed to the provisions of a new contract to be effective October 1, 2004. The key provisions in the contract are: - General - Clarifies several issues and makes minor administrative changes/corrections within the contract. - Art 13.1(c) - Allows an employee to change their leave accrual limit in increments of 120 hours with no change to the minimum of 120 hours or to the maximum of 960 hours as provided to nonunion employees. ' - Art 13.1(e) - Allows employees to select optional cash in dates as opposed to current twice annual fixed dates as provided to nonunion employees. ' - Art 20.3 - Increases the employee contribution rate to pension plan by+1%.. ' - Art 20.3 - Reduces the pension multiplier, for new employees, from 2.85%to 2.5%. ' - Art 26. 1 - Provides the same pay increase, effective October 1, 2004 for union members as provided to nonunion ' employees. BUDGET: Funds for these changes are currently within the budget. ' ATTACHMENTS: Articles with major changes (Art 13, 20, 26, and Exhibit A) are attached. A copy of the complete contract is available within the City Clerk's office for review. Added items are in bold underlined with deleted items in bold-sirikMbreugh. ' RECOMMENDATION: That the City Commission approve the Local 630 Blue Collar union contract for the period October 1, 2004 through September 30, 2005. CITY MANAGER: 1 ■ AGENDA ITEM#8C fff OCTOBER 11,2004 i ARTICLE 13 PERSONAL LEAVE HOURS ' 13.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours ' are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee has a Personal Leave ' or Compensatory Time balance, and follows the procedures set forth in this Article and receives prior approval from the employee's supervisor, or the appropriate Department Head or his ' designee. (b) When a Personal Leave Hour is used for illness or other ' emergencies, employees are required to notify their supervisor, or if he is unavailable the appropriate Department Head of the nature of the illness or emergency as early as reasonably possible and no ' later than one (1) hour after starting time each day the employee intends to be absent, that the employee is unable to report to work ' because of illness or other emergency; however, employees on shift work must notify the supervisor or if he is unavailable the appropriate Department Head no later than one (1) hour before tshift starting time. Except as stated above when an employee is planning to use seventeen (17) hours or more of Personal Leave Hours he must submit his request to take leave in writing to the appropriate Department Head or his designee at least five (5) calendar days ' prior to the first day of the intended absence. When an employee is planning to use less than 17 hours of Personal Leave Hours he must submit such request at least forty-eight (48) hours prior to the ' first day of the intended absence. The appropriate Department Head or his designee shall respond to the request as soon as possible after receipt of the request. Personal Leave may be taken in increments of fifteen (15) minutes or more. Approval of leave may be suspended if in the discretion ' of the appropriate Department Head such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department, or if the notification requirements set forth in this Article are not followed. (c) Each employee is required to select a personal leave limit of 120, ' 240, 360, 480 600, 720, 840 or 960 hours that will best fit the 26 AGENDA EEE:M#8C OCTOBER 11,2004 i ' employee's needs. Employees may change their Personal Leave limit in December of each year. Those that do not change their limit shall retain their previously established limit. Thereafter, employees must utilize their Personal Leave Hours or the employee shall be automatically paid for all hours accumulated that exceed their established maximum limit in accordance with ' Article 13.1 (e). Employees who do not select a personal leave limit will be assigned a 960 hour limit. ' (d) For Personal Leave used for illness, the Employer always retains the right to require medical documentation of the illness. t (e) For hours permissibly accumulated under this Article, the employee shall be automatically paid for all personal leave hours that exceed the personal leave limit as established by the ' employee. For the purpose of paying for accrued leave time, the Employer will automatically pay tb^ employe^ ") ' .: • •: • !. • • : • for personal leave on the cash-in date(s) as selected by the employee. ' In December of each year, employees will have the option to select one of the following leave cash-in dates options: (1) first ' pay date in June and December; (2) first pay date in June only; or (3) first pay date in December only. for--pPersonal leave cashed in will be based upon the cash in dates as selected by the employee and the employee's personal leave account balance on the pay period that immediately precedes the designated withdrowal—date cash-in date(s) as selected by the ' employee. Employees who do not select a cash-in date(s) will retain their current cash-in date(s) option. ' (I) No Personal Leave Hours may accumulate to an employee who is in a non-pay status or utilizing donated leave. ' (g) Subject to the restrictions contained in this Agreement Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. (h) An eligible employee who resigns with at least two (2) weeks notice, is laid off, or whose employment has not been involuntarily terminated shall be paid for any unused accruals. (i) The accrual rate of Personal Leave Hours shall be determined as ' follows: 27 AGENDA ITEM#8C iii OCTOBER 11,2004 i ' Years Hours Per Total Annual Pay Period Hours ' Beg. 1st through 3rd yr. 5.81 151 Beg. 4th through 7th yr. 6.78 176 Beg. 8th through 11th yr. 8.31 216 ' Beg. 12th through 15th yr. 9.85 256 Beg. of 16th year and over 10.47 272 1 I 28 r AGENDA ITEM NBC if OCTOBER 11,2004 i ARTICLE 20 INSURANCE ' 20.1 The City agrees to continue to provide employees with a group term life insurance policy. The City agrees to pay the premiums for the employees' coverage for such insurance. 20.2 The City agrees to provide employees with the same basic group health insurance program as offered to other City employees. The City agrees to pay the same amount of premium for the same insurance coverage, including dependent coverage, for bargaining unit employees as it does for other City employees. ' 20.3 Effective upon necessary changes to the General Employees Pension Plan, employees participating within the City's General Employees Pension Plan shall have their pension contribution rate changed from two percent(2%)to three percent(3%) of salary. 20.4 Effective upon necessary changes to the General Employees Pension ' Plan, new employees will contribute three percent (3%) of salary and shall have their multiplier changed from two-point-eight-five percent (2.85%) to two-point-five percent (2.5%) of salary. 1 41 AGENDA ITEM#8C L OCTOBER 11,2004 ■ ' ARTICLE 26 WAGES 26.1 (a) Effective October 1, 20034, the salary ranges within Exhibit "A" have keen shall be increased by three (3%)percent. Employees covered by this Agreement shall have their pay adjusted as follows: - If a probationary employee with less than six (6) months service, the employee's pay shall be adjusted by three percent (3%). - If employee has completed their initial probationary period and received an evaluation of"Meets Requirements" or above, they shall have their pay adjusted by six percent (6%) of the new midpoint for their pay grade. - If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment and-the ' - Employees who receive an overall rating of "Below Requirements" on their evaluation, or who believe the City did not follow the City's performance guidelines, may file a grievance utilizing the grievance procedures contained within Article 10. Bonuses. Employees of the bargaining unit are eligible to receive a bonus ' based upon performance in accordance with the City's performance evaluation program guidelines. t The pay grades and salary ranges for classifications within the bargaining unit are incorporated herein as Exhibit"A". ' Minimum Pay. In no case shall an employee's pay be established below the base pay for the grade of the position to which the employee is assigned. ' Maximum Pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the ' grade of the position to which the employee is assigned. (b) Longevity: All eligible employees shall receive twenty-five ($25.00) ' dollars per month for each five years served with the City up to and 48 AGENDA ITEM 4SC OCTOBER 11,2004 i ' through the 20th year. This amount shall be placed into the employee's base pay. (c) Wastewater/Water Operators: Wastewater Operator I's that receive the appropriate license for advancement to Wastewater Operator II shall receive a five percent (5%) in grade pay advancement without any change ' to their grade and shall have their title changed to Wastewater Operator II. Wastewater/Water Operator III's that receive the appropriate license for ' advancement to Wastewater/Water Operator IV shall receive a five percent (5%) in grade pay advancement without any change to their grade and shall have their title changed to Wastewater/Water Operator IV. Wastewater Operator I's or II's that receive the appropriate license for advancement to Wastewater/Water Operator III or IV, shall receive a ' promotion to the higher grade and have their title changed to Wastewater/Water Operator III or IV with their salary adjusted in accordance with Article 26.5. 26.2 The Job Classification/Grade Chart is set forth in attached Exhibit A. ' 26.3 Entrance Wage Determination: (a) Initial appointment to any position shall normally be made at the entrance rate of pay established for the position. Upon recommendation from the Department Head, the City Manager may approve the hire of a new employee at a rate of pay above the ' starting rate of pay. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: ' 1. The needs of the City make such hire action necessary and all other employees within the same classification have ' their base salaries increased to be equal to that of the newly hired employee, or; ' 2. The new employee has job related training and/or experience that clearly exceeds that of current employees. Prior to City Manager approval of initial pay under this ' provision, the City will notify the union, in writing, of the proposed action and allow the union three (3) workdays to provide comments. 1 26.4 Lateral Transfers: When an employee is either recruited to or assigned another job within the same salary grade and with essentially the same job ' responsibility level, they will remain at their current salary level and salary 49 AGENDA ITEM#8C L OCTOBER 11,2004 ■ grade to which they are currently assigned. 26.5 Promotion: A promotion is the advancement of an employee from their ' current position to another open job, with greater responsibilities, in a higher pay grade. The promotion is based on documented, demonstrable increase in the scope of work. The granting of a different title alone, without a change in pay grade, does not warrant a promotional salary increase. (a) Salary Adjustment: An employee who receives a promotion to a higher salary grade (either by taking on a new position or the employee's current position is reclassified to a higher salary grade) should receive a salary increase at the time the promotion becomes effective, to a least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints, whichever is greater. ' (b) Calculating a Promotional Increase: Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function ' of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint—Current Midpoint = Promotion Increase Amount(%*) Current Midpoint ' or An increase to the minimum of the new pay grade, whichever is greater. ' * Not to exceed 12% unless required to bring employee's salary to the minimum of the new pay grade. ' 26.6 Demotion: Demotions are defined as reductions in job duties and responsibilities that result in a salary grade reduction. When an employee is demoted, the employee will receive a decrease in pay equal to the ' midpoint differential between the pay grade their job is currently assigned and the newly assigned pay grade. The formula used to calculate the salary decrease associated with a demotion is as follows: New Midpoint-Current Midpoint = Promotion Decrease Amount(%*) Current Midpoint ' 50 1 tAGENDA ITEM#8C OCTOBER 11,2004 i ' or ' A decrease to the maximum of the new range, whichever is greater. Should the demotion be the result of non-disciplinary action (e.g., a ' reduction in force), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non-disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of ' this section. 26.7 Evaluation for satisfactory service shall be standard in writing throughout ' the bargaining unit with each activity using the same evaluation form and procedure as that utilized for all other City employees. If the employee believes the evaluation procedure was not followed, he may invoke the ' grievance procedure and submit the grievance at Step I. 26.8 Any employee covered by this Agreement who is temporarily required by ' the appropriate Department Head or his designee to perform the duties of a higher classification shall receive pay at a rate of five (5%) percent above the employee's regular rate of pay,provided that: ' (a) The duties and responsibilities of the higher classification are assumed in full for a minimum of one (1) eight-hour working day, and; (b) The working out of classification pay is approved by the City ' Manager or his designee prior to appointment of the employee to the higher position. ' If the two (2) conditions set forth are not fully satisfied, the employee will receive the rate of pay of his regularly assigned classification for each hour worked in the higher classification. 1 1 ' 51 AGENDA ITEM#8C OCTOBER 11,2004 i ' EXHIBIT A CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE EFFECTIVE 10/01/03 10/01/04 SALARY RANGE-HOURLY GRD MIN MID MAX TITLE 13 9.09 11.37 13.65 Gardener 936 11.71 14.06 General Maintenance Worker Meter Reader Painter I Park Attendant ' 14 9,92 12.39 14.87 Dispatcher/Public Works 10.22 12.77 15.32 15 10.82 4350 16.21 Painter II 11.14 13.92 16.70 Sign/Building Maintenance 16 11.77 14.73 17.67 Cross Connection Administrator/GIS Technician 12.12 15.16 18.20 Heavy Equipment Operator Mechanic ' Utilities/Collection/Distribution Operator 17 12.83 16.05 19.25 No classifications assigned to this grade 13.21 16.52 19.83 18 4409 -17:49 20.99 Crew Chief ' 14.42 18.02 21.62 Wastewater Operator I (Wastewater"C") Wastewater Operator II(Wastewater "B") 19 15.25 19.07 22.89 Wastewater/Water Oper. III (Double "C") 15.71 19.64 23.58 Wastewater/Water Oper. IV ("B"WW, "C" Water) NOTE: Above may differ from final AS400 computer pay based upon computer rounding program. ' 65 AGENDA ITEM#9A OCTOBER 11,2004 I October 4, 2004 MEMORANDUM ' TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim H. .441111111t. _ SUBJECT: City M. ._er's Report ICMA Conference;I am planning to attend the International Cities Management Association Annual Conference which will be held in San Diego beginning on Sunday, October 17th and ending on Wednesday, October 201h. David Thompson, Director of Public Safety will serve as the Acting City Manager during that time. 1 1 1 1 1 AGENDA ITEM#10A OCTOBER 11,2004 } t ,;;,.....:„.44,41H2'10 `3^ r Y I• a- 0 O INC • VCO O ° .r 11110 CO C _ .... . . 2 .,,, . .. �. 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