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Agenda Packet 1-9-2006- vCity Commission Agenda January 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING JANUARY 9, 2006 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of December 12, 2005 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report 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 Public Works and Utility Department Monthly Report for December, Report of New Occupational Licenses issued in December, and Monthly Financial Reports for November 2005 (City Manager) B. Extend the Landscape Maintenance Contract with Trim All Lawn Service for Town Center, Atlantic Boulevard Medians, Mayport Road Flyover, and FL)OT Pond #3 at the Hess Station on Mayport Road for one year at the current prices (total $76,080)(City Manager) C. Authorize staff to negotiate a contract with the top ranked find, Applied Technology and Management for Sewer Master Plan Update 2006, RFP 06-1 (City Manager) D. Authorize Veterans Day as a holiday for nonunion City general employees (City Manager) E. Acknowledge receipt of follow-up to City Commission action denying a request for a Waiver from Section 24-66 of the Land Development Regulations requiring On -Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) 5. Committee Reports None 6. Action on Resolutions None 7. Action on Ordinances A. Ordinance No. 90-06-188, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE. 1 B. Ordinance No. 20-06-74, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. 8. Miscellaneous Business A. Approval of Local 630 Blue Collar union contract for the period October 1, 2005 through September 30, 2006 (City Manager) B. Approval of the Local 630, White Collar union contract for the period October 1, 2005 through September 30, 2006 (City Manager) C. Approval of Police union contract for the period October 1, 2005 through September 30, 2006 (City Manager) D. Mayor and City Commission Pay Adjustments (City Manager) E. Follow-up of Zoning and Land Development Regulation items from December 12, 2005 City Commission meeting and schedule for consideration by the Community Development Board (Commissioner Fletcher) F. Staff Proposal to Remove Sidewalk Along Beach Avenue between 12th & 13th Streets (City Manager) G. Staff Proposal to Make Richardson Lane a One -Way Street (City Manager) H. Park Rules and Enforcement Actions (City Manager) I. Options for Public Park Security (City Manager) J. Request from Florida League of Cities for a Resolution that supports the League's Key Priority Issues (City Manager) K. New Location Options for Mailboxes (City Manager) 9. City Manager A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, January 6, 2006. 2 Attendance Call to Order/Pledge MINUTES REGULAR CITY COMMISSION MEETING December 12, 2005 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Donald Wolfson Mayor Pro Tem J. Dezmond Waters III Commissioner Mike Borno Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons City Manager Jim Hanson City Clerk Donna L. Bussey City Attorney Alan C. Jensen Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Waters, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 28, 2005. Commissioner Simmons requested that the last paragraph of Item 8G on page 19 be changed to read that "It was the consensus of the Commission to place any referendum items on the November 2006 ballot..." rather than "... to place the three referendum items...". Motion: Approve the minutes of the Regular Commission Meeting on November 28, 2005 as amended. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson welcomed fornier Mayor Suzanne Shaughnessy to the meeting. Courtesy of the Floor 2. Courtesy of the Floor to Visitors Mayor Wolfson announced that the Courtesy of the Floor to Visitors will be limited to discussions on any items other than Item 8A. He explained that the public hearing portion of that item has been closed but that the quasi- judicial hearing for it will recommence after the Courtesy of the Floor. Woody Winfree, 335 Third Street, spoke in support of the moratorium being proposed in Item 6B. She spoke from personal experience and expressed that this action would be a good step for property owners and for December 12, 2005 REGULAR COMMISSION MEETING Page 2 the community at large. She believed that single-family homes lead to more stable and less transient neighborhoods and are in the best interest of the community. Richard Ouellette, 1060 Seminole Road, applauded the Commission foif considering a moratorium on lot division. He also recommended a similar moratorium on new building permits until the adoption of the code changes proposed by the recent study. Benjamin Brown, Jr, 457 Sailfish Drive East, addressed the situation at his house and his inability to pay the monthly code enforcement fines imposed upon him. He expressed that he has discussed the issue with the City Manager but can not afford to sell his house, as suggested. He indicated that he will be attending the Code Enforcement Board meeting on January 10, 2006 and would like to see his fines reduced. Michael Hoffmann, 176 Camelia Street, indicated he had two matters to address. First he discussed the City -owned property around Atlantic Boulevard and West 1st Street and noted that residents have requested that an urban forester provide suggestions for creating a better buffer for that area. He reported that he recently called the City of Jacksonville and spoke with Larry Figart, an urban forester with the Florida State Extension Services. Mr. Hoffman noted that Mr. Figart would be able to examine the situation there and provide suggestions on how the City of Atlantic Beach could enhance the natural sound barriers of that area. Mr. Hoffman asked that the City pursue this and provided Mr. Figart's contact information to the City Clerk. Mr. Hoffman also addressed the issue of installing sidewalks in the City. He commended the City for creating a prioritized list for the areas which need new sidewalks the most. He made suggestions for the sidewalk situations in various areas of the City, specifically on West 3`d Street, West Plaza and West 10th Street. Kevin Bodge, 336 Twelfth Street, discussed the issue of granting variances and approvals for land division and development in the City. He noted that any fatally defective application for such requests should be dismissed and the applicant should be given the opportunity to correct the defect and reapply properly. He discussed the subject of potential lawsuits and indicated that public citizens and developers alike have the same legal rights to challenge a governmental action. Thus, Mr. Bodge believed that the potential of a lawsuit against the City should be irrelevant in the decision-making process. Jane Wytzka, 352 Second Street, encouraged the Commission to hire the Winter Group to finish the City's community character project. She discussed the results from her research regarding how much building has occurred in the City since the Commission first addressed the community character issue. She indicated that the Winter Group is well-equipped to assist Atlantic Beach with retaining its character and incorporating the tree ordinance. Ms. Wytzka referred to other cities that have successfully December 12, 2005 REGULAR COMMISSION MEETING Page 3 handled similar situations and urged the Commission to spend the needed funds to finish this project which began in April 2004. Bob Liggero, 389 Twelfth Street, spoke on Item 6B and applauded the Commission for their proposal of a moratorium on land division. He compared the subdivision of large lots into smaller lots with dividing a large diamond into smaller diamonds and noted that the larger one would be the most preferred gem. Agenda Item 8A was taken out of sequence and acted upon at this time 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) Mayor Wolfson noted that it was two weeks ago that the Commission was notified that this agenda item was a quasi-judicial hearing. He clarified that the specific procedures for such a case were not provided to them until they had sat down at that meeting. He also explained that all the public input and comments for this item were received at the previous meeting and that the hearing was recessed in order to allow the Commission time for further research and study of the ordinances cited. The Mayor then reopened the hearing for the Commission to continue. Mayor Wolfson asked City Manager Hanson for any comments. The City Manager summarized that this hearing was a consideration of a request to subdivide one lot into three lots. He reiterated that, after the testimony of a number of people at the last meeting, the Commission deferred their decision in order to review Florida State Statutes, specifically Statute 177 regarding replats. Mayor Wolfson asked the Commission for their comments. Commissioner Borno inquired if they should make their ex parte disclosures at that time. Mayor Wolfson responded that the City Attorney had advised that the list of disclosures would be made public prior to casting their votes. Commissioner Waters stated that he did not believe that the request was consistent with Goal A.1 of the City's future land use element which maintains the distinct residential community character for its neighborhoods. He noted that many people spoke to that effect at the previous meeting and thus he wished to ensure that the recorded audiotapes of that meeting were entered into this meeting's proceedings for future reference. He proceeded to discuss the public comments from that meeting. December 12, 2005 REGULAR COMMISSION MEETING Page 4 At this point, the Mayor noted the need for a motion and a second before further discussion ensued. Commissioner Fletcher asked if it would be appropriate to introduce the new information received by the Commission that evening. City Attorney Jensen responded that even though they each received new ex parte communications, their decisions had to be based on only the evidence that was presented at the last meeting. Therefore, they could acknowledge receipt of the new information but could not use it for the basis of their decision. Commissioner Fletcher asked for further clarification. Mr. Jensen explained that under court rules, only new evidence that could not have been reasonably discovered prior to the last meeting could be allowed to be entered as newly presented evidence at this point. He advised that the new information given to the Commission that evening was public record and could easily have been presented at the previous meeting. The Mayor then made a motion, seconded by Commissioner Fletcher. Motion: To deny the request for the replat at the northwest corner of 12th Street and Selva Marina Circle. Mayor Wolfson stated he had conducted significant research over the last two weeks and proceeded to share the information he gathered which supported his motion for denial. This information is presented in the attached document, which is made part of this official record as Attachment A. In reviewing his supporting information, the Mayor stressed the point that in the event of inconsistency between the requirements of any Zoning or Land Development Regulations, the provisions of the Comprehensive Plan shall prevail. He then reviewed the specific goals and objectives of the Comprehensive Plan and indicated that the proposed replat is not consistent or compatible with those items. Mayor Wolfson also emphasized the importance of considering Section 24- 205(3) of the Code, in its entirety. He indicated that a partial interpretation of this section incorrectly leads one to believe that a property owner is entitled to approval once he/she meets the land development regulations. The Mayor pointed out that the Code states that approval or denial by the City Commission rests not only with procedural compliance with the required certifications and specific requirements, but also with compliance with provisions of Article IV and other applicable policies, ordinances, laws and regulations. December 12, 2005 REGULAR COMMISSION MEETING Page 5 Mayor Wolfson also referred the Commission to Florida State Statute 177.101(3) which requires the vacation of a pre-existing plat prior to approval of a re -subdivision of the lots. He did not find evidence that the applicant had requested this and pointed out that the Selva Verde subdivision lots were platted in 1951. In summary, the Mayor noted that the Commission is hearing the case of a developer who is asking to redevelop a fully developed neighborhood, to replat a subdivision within a mature, built -out development. He emphasized the Commission's responsibility to uphold the law and to act in a non-political manner. Commissioner Waters stated that he was not familiar with the new information presented that evening and inquired if Commissioner Fletcher could present it to them. City Attorney Jensen advised that the Commission could acknowledge receipt of the information, a letter from Kevin Bodge, but that it was not appropriate to read the information into the record. Further discussion ensued clarifying the issues surrounding ex parte communication and the evidence for basing a decision. Commissioner Borno thanked the Mayor for his summary and asked the City Attorney if the City's ordinances support the City's Comprehensive Plan. The City Attorney responded that the ordinances implement the goals and directives of the Comprehensive Plan and that the City's Community Development Director could find no inconsistencies in the application with the land development regulations or with the Comprehensive Plan. Commissioner Fletcher informed the Commission that he has a report summarizing his research and asked the City Clerk to distribute copies to each of them. This report is attached and made part of this official document as Attachment B. He indicated that there exists confusion regarding the role of the Comprehensive Plan in their decision and regarding the consistency of the replat request with the Comprehensive Plan. He then proceeded to read through his report. He reiterated Florida Statute Chapter 163 which stated that the Comprehensive Plan takes precedence over any inconsistency with the requirements of any zoning or land development regulations. Therefore, he concluded that the Comprehensive Plan is clearly to be considered in their decision. He then reviewed the information supporting his belief that the evidence for this replat request is inconsistent and incompatible with the present Comprehensive Plan. In summary, Commissioner Fletcher concurred with the Mayor's motion. Commissioner Waters stated that this request does not support the rights, expectations, investments and quality of life of the neighboring properties as voiced by those property owners at the previous Commission meeting and at the Community Development Board meeting of November 2005. He requested that the City Clerk submit the tapes from these meetings in the record of proceedings. City Attorney Jensen asked for clarification and indicated that the evidence is closed and no further evidence can be December 12, 2005 REGULAR COMMISSION MEETING Page 6 submitted. He noted that once the minutes of the meetings are adopted those minutes become the official record. Commissioner Waters asked that the tax record mentioned be put in the record as well. He noted that the tax record shows that the taxes paid for this lot have always been for a single family residence on a single lot. There were no further comments or discussion and the Mayor called the question and asked for a roll call vote (to deny the request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle) Moved by Wolfson, seconded by Fletcher Votes: Aye: 4 - Fletcher, Simmons, Waters, Wolfson Nay: 1— Borno MOTION CARRIED The quasi judicial hearing was reopened in order to receive the ex parte communications in the record. The Mayor called on each commissioner to read their list of ex parte communications for the record. These lists are attached and made part of this official record as Attachment C. The Mayor then closed the quasi judicial hearing. At 8:25 p.m. Mayor Wolfson called a one minute break to allow people to leave the meeting. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting Consent Agenda A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment D. His report addressed the following topics: pending staff reports and the Adopt -A -Tree program. He specified that the pending reports address the issues of Post Office boxes, Public Safety at Tideviews, and Park Rules. 4. Consent Agenda A. Acknowledge receipt of Building Department Report, Utility Sales Report, Public Works and Utility Department Report and New Occupational Licenses Report for November 2005 (City Manager) December 12, 2005 REGULAR COMMISSION MEETING Page 7 B. Award a contract for Construction of the Ocean Blvd —13`h Street Drainage Improvements including Additive Alternate 1 to Callaway Contracting Inc. in an amount not to exceed $132,437.56 and authorize the City Manager to execute the agreement for construction services on the City's behalf (City ' Manager) Motion: Approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Changes to the Board Member Review Committee (Mayor) Mayor Wolfson thanked the Commission for their suggestions and comments on this item's resolution. He suggested moving forward with the changes, due to the urgency and need to appoint members to vacant positions in order to ensure the Boards and Committees are complete. Commissioner Simmons infotuied the Commission that, after consulting with the City Manager and City Attorney, it was determined that they could consider the option of allowing the culTent seated board members, if they are willing, to continue their terms until the resolution can be completed. She noted that this would alleviate the urgency to finalize the language of the resolution before any board members' terms expired in December. She also suggested that the resolution be brought to the strategic planning workshops in order to discuss and to make decisions on it. Discussion was initiated regarding some of the proposed changes to Sections two and three of the resolution. Commissioner Simmons noted that this was a complex process and that there were some areas of the resolution where the Commission had a difference of opinion. She suggested it would be better approached in a workshop setting. Motion: To defer the resolution to the strategic planning workshop with a facilitator to help guide the Commission through the process. December 12, 2005 REGULAR COMMISSION MEETING Page 8 Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Simmons then made a second motion. Motion: To continue the terms of the seated board and committee members whose terms might be due to expire prior to the completion of the resolution until such a time when it is finalized. Commissioner Borno asked for a more definite time frame for completion of this item. Commissioner Simmons proposed a timeline beginning with discussion of the item during the strategic planning workshops scheduled for February ls` and 2°', 2006, and then the Board Member Review Committee could schedule their next meeting the third Thursday in February. Commissioner Waters spoke against overloading the strategic planning workshops with this type of issue. The question was called. Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Agenda Items 8F and 8G were taken out of sequence and acted upon at this time due to the appropriateness of discussing those items prior to addressing the moratorium issue in Item 6B. 8F. Discussion of possible creation of a new Single-family Residential Zoning District classification consistent with certain areas of the City, which contain typical lots larger than those required by the RS -1 Zoning District (City Manager) City Manager Hanson explained that, at the request of a Commissioner at the previous meeting, City staff has prepared a description of a new residential zone that would require larger lots than other existing residential zones. He noted that the suggested description would include a 10,000 square foot minimum area with a 100 foot minimum requirement for lot frontage and depth. He explained that if this description was adopted into the Code, the Commission would then have to designate which areas of the City would be included in the new zoning district. He indicated that first, the issue would have to go before the Community Development Board, and thus, the Commission needed to decide whether or not to refer it to them. Motion: To seek input from the community and to proceed with the processes described in the staff report, including the review and December 12, 2005 REGULAR COMMISSION MEETING Page 9 recommendation from the Community Development board relative to a new single family residential zoning district classification. Moved by Simmons, seconded by Borno Commissioner Fletcher suggested adding agenda item 8G to the motion. Commissioner Simmons stated that the two items needed to be acted upon separately. Commissioner Borno expressed his concern with whether the 100 square foot minimum dimensions would be sufficient for preventing large lots in other areas from being subdivided. He asked that, during their considerations of this item, the Community Development Board review the square footage of existing platted legal lots in the City so that all the appropriate areas are included. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 8G. Revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations to remove the administrative approval for certain types of lot divisions (City Manager) City Manager Hanson noted that consideration of this issue was another request by a Commissioner at the previous meeting. He explained that this would amend Section 24-189 of the code that provides for the administrative approval of the subdivision of one lot into two lots. He stated that the proposed change would require all lot subdivisions to go through the full replatting process and come before the Commission for approval. He noted that the Commission has to decide if they would like to have this item referred to the Community Development Board for further consideration. Mayor Wolfson asked if Community Development Director Sonya Doerr had any assistance with this first draft. City Manager Hanson noted that both he and the City Attorney had an extensive discussion of this matter with Ms. Doerr before she had to go on medical leave. Motion: To refer revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations, removing the administrative approval for certain types of lot divisions to the Community Development Board for review and recommendation. Moved by Borno, seconded by Fletcher December 12, 2005 REGULAR COMMISSION MEETING Page 10 Commissioner Fletcher noted that referral to the Community Development Board is required per statute. Commissioner Borno requested that, in addition to the Community Development Board reviewing certified surveys with the new actions, they also be provided the title search for their review. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 6B. Resolution No. 05-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IMPOSING A MORATORIUM ON DIVISIONS OF LAND, AND PROVIDING AN EFFECTIVE DATE. City Manager Hanson explained that this item is a proposed moratorium on the re -subdivision of property parcels until the previous two items have been resolved. Motion: Approve Resolution No. 05-14 as presented. Moved by Borno, seconded by Waters Commissioner Simmons inquired how many divisions of land have been requested in the last few weeks since the idea of the moratorium was first suggested. Building Official Don Ford responded that the Building Department received approximately 21 inquiries on the subject and 8 requests who turned in the necessary paperwork. Commissioner Fletcher brought up information he researched regarding moratoriums in the Tahoe/Sierra area which allowed for more broader moratoriums. Amended Motion: To include the following three proposed development standards as specified by Mr. Winter to the moratorium: 1): a building coverage maximum, 2) a floor area ratio maximum, and 3) a side wall plane maximum. Commissioner Fletcher provided the specific details of each of the proposed standards and explained that these three standards would help prevent the "McMansion" problem in the City. Moved by Fletcher Amended Motion failed due to lack of a second. The question was called (to approve Resolution No. 05-14 as presented). December 12, 2005 REGULAR COMMISSION MEETING Page 11 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-188, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE. Mayor Wolfson read the ordinance by title and asked Rick Carper, Director of Public Works, to present the background on this item. Mr. Carper reported that current city land development regulations exclude the water surface area of a swimming pool from being considered as part of the impervious surface area of a lot. He reviewed the findings of his research into other neighboring cities regarding this issue. Motion: Approve Ordinance No. 90-06-188 on first reading. Commissioner Simmons asked if this ordinance also included a change in the definition of pavers in their relation to impervious surface. Mr. Carper responded that the change in the definition on pavers is a clarification stating that the pavers must be installed on sand surface with no impervious liner below them. He also noted another addition stating that the 50% impervious surface area requirement also applies to PUDs. Commissioner Waters asked if pavers would continue to be allowed a 50% impermeability surface designation. Mr. Carper confirmed this. Commissioner Waters suggested that the City consider changing that soon as well. Commissioner Fletcher continued to discuss the specifics regarding pavers and the 50% impervious surface area requirement. Mr. Carper responded to his questions addressing this subject. Commissioner Fletcher asked the City Attorney if the 50% impervious surface area can be applied to exceptions given in the past. City Attorney Jensen advised it would be difficult to retroactivate this requirement. Mr. Carper provided further explanation on how the 50% ISA limit is applied to requests and clarified the preconstruction issue on the subject. December 12, 2005 REGULAR COMMISSION MEETING Page 12 Moved by Borno, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest corner of 12th Street and Selva Marina Circle (City Manager) This item was taken out of sequence and acted upon earlier in the meeting. B. Possible Use of Winter & Company for additional services to the Community Character Project (Commissioner Simmons) Commissioner Simmons referred to the historic timeline provided for this item in the Commission's agenda packet. She pointed out an error in that document, stating that July 12, 2005 should read as July 12, 2004. She noted that this has been part of two consecutive strategic planning priorities and has been proceeding slowly due to various circumstances. She expressed the need to move forward with the project and proposed that the City accept parts three and four from the original four-part Winter and Company proposal. She explained that the previous Commission accepted parts one and two and that both of those are now completed. Commissioner Simmons referred the Commissioners to the figures and dollar amounts associated with parts three and four which she distributed to the Commission that evening. She explained the new components for the Commission to consider and the anticipated end results from parts three and four. She indicated that Mr. Winter would be enthusiastic to continue working with the City in order to finish the full process. Commissioner Simmons pointed out that this would allow the City staff and Commissioners to focus on other priorities as well. Motion: To accept the new proposal by Winter and Company at the cost of $63,860 and to authorize staff to negotiate for continuation of the Community Character process through to its completion. Moved by Simmons, seconded by Fletcher Mayor Wolfson asked for clarification of the documents and information to which Commissioner Simmons made reference. He noted that he had not December 12, 2005 REGULAR COMMISSION MEETING Page 13 yet reviewed the figures and dollar amounts due to the fact that they were handed out by Commissioner Simmons just that evening, immediately prior to the meeting. The referenced information is attached and made part of this official record as Attachment E. Commissioner Simmons assisted in explaining the infoimation and reviewing the associated costs and expenses of the project. She noted that it would take very little budget revision to add parts three and four to their plan. Commissioner Waters inquired what the anticipated final results would be from this second stage. Commissioner Simmons responded that that they anticipate having finalized design standards, revisions to Chapter 24 of the City Code, and a final tree ordinance. Further discussion ensued. City Manager Hanson requested clarification of the motion and whether the intent was to have the contract on the agenda for the next meeting or to authorize what they have and move ahead with it. Commissioner Simmons expressed the need to authorize the City Manager to sign the contract they have and move ahead with bringing Mr. Winter to the City in February. Commissioner Borno expressed his support for the motion. Mayor Wolfson questioned and addressed the intents and expectations of the previous Commission when they originally began this process with Winter and Company. Commissioner Simmons responded and provided some of the background information. The Mayor stated the need for the goals and objectives to be in alignment with the fees and costs being presented. He agreed with Commissioner Simmons' concerns to move the project forward but requested that the Winter and Company proposal be further clarified. Discussion proceeded addressing the specifics of the next steps and anticipated results. Commissioner Fletcher noted that the issue of community character is critical to the citizens and expressed his strong support for the motion. City Manager Hanson indicated that more work is needed on this contract and that he has questions regarding it. He suggested that City staff work with Winter and Company to bring back a draft contract to the Commission with more specifics and details. Mayor Wolfson concurred with the need for more detail and staff input before acting upon it. Commissioner Simmons called the question and restated the motion. Motion: To accept bringing Winter and Company back to fulfill the proposal and to authorize staff to work with Winter and Company to draft a contract. December 12, 2005 REGULAR COMMISSION MEETING Page 14 Mayor asked for clarification regarding the dollar amount included in the original motion. It was agreed and clarified that the dollar amount would be left out of the motion. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Possible workshop to discuss rules of order for City Commission meetings (Commissioner Fletcher) Motion: To defer Item 8C. Moved by Fletcher, seconded by Simmons Mayor Wolfson asked for clarification of the length of time for the deferral. Commissioner Fletcher rescinded his motion to defer. Motion: To table Item 8C. Moved by Fletcher , seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED D. Budget Modification for Ped Paths (City Manager) City Manager Hanson asked Rick Carper, Director of Public Works, to present an overview on this item. Mr. Carper reviewed the information in his staff report pertaining to last year's budget proposals for this item and his recommendation to the Commission not to award the bids for these bike paths due to the high construction costs. He indicated that, because of the timing with the budget process, the money was placed into the General Fund and the Half -Cent Sales Tax Fund and was not rolled over to the new budget. He stated that he is now requesting that the money be reallocated to the Public Works account for this project. Motion: Approve a budget modification to transfer $58,000 from the Half Cent Sales Tax Fund and $4,000 from the General Fund to PW0404-Seminole Road Ped Path to allow for completion of Phase 1 and to approve the transfer of $30,000 from the General Fund for Projects PW0504-Plaza Drive Phase 2 Ped Path, and as an additive alternate, to fund Phase 2 (Oceanwalk Drive South and Ocean forest December 12, 2005 REGULAR COMMISSION MEETING Page 15 Drive North) requiring approximately $60,000 additional from the General Fund. Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. Decorative Lighting for the 5 Point Intersection (City Manager) Rick Carper, Director of Public Works, reviewed that the previous Commission had approved the decorative lighting for the Five Points Intersection at their August 22, 2005 Commission meeting, with the provision for JEA to install and maintain the system. He reported that since then JhA has stated that, due to various reasons, they will not maintain the fixtures as originally proposed with the Dark Sky fixtures. Mr. Carper informed the Commission that, in light of this, he has researched the issue further and recommends working with the Holophane vendor as the least expensive option for installing the decorative lighting. He asked for authorization for the City to contract directly with the lighting distributor to purchase the poles, the fixtures, and the foundations and to use the City's electrical contractor for the installation. As noted in his staff report, Mr. Carper recommended that the City purchase the 16 -foot poles rather than the 14 -foot poles. Motion: To follow the recommendation of staff and authorize direct city acquisition of materials and installation of decorative lighting for the Five Points intersection by the City's annual electrical contractor at the cost of $32,500 plus $526.30 for the 16 -foot poles. Commissioner Borno discussed and suggested the need to include the additional cost factors and fixtures involved with the 16 -foot poles. Commissioner Waters asked for clarification of the reasons for the City assuming the maintenance of the lighting. Mr. Carper responded and some discussion of the maintenance and fixture options ensued. Commissioner Simmons pointed out the need to ensure that the palm trees are taller than the height of the light poles so that the advantages of downward lighting are not lost by lighting the tops of the trees. She was informed that the trees are already over 16 -feet tall. Commissioner Fletcher asked for clarification of the $13,000 cost difference for the decorative lights. Mr. Carper explained that the difference is due to the cost for their installation. Commissioner Fletcher verified that Mr. Carper did not believe the maintenance of the lights to be a major cost issue for the City. When asked if the Commission could chose the type of light December 12, 2005 REGULAR COMMISSION MEETING Page 16 fixture, Mr. Carper noted that the previous Commission had already agreed upon the Holophane design. He stated that the light pole at Ocean and 16th Street is an example of the same design proposed for the Five Points Intersection. Mayor Wolfson pointed out that the pole to which Mr. Carper referred is peeling. The Mayor expressed concern with the pole's lack of ' salt tolerance and stated he has a problem with choosing the same finish for the Five Point Intersection poles. The Mayor discussed the extent of the problem that the City of Jacksonville was experiencing with their light poles peeling downtown and asked what infouuation and specifications the City of Atlantic Beach had to ensure that the same problem would not occur here. Commissioner Simmons asked how the poles in Town Center avoided peeling. Mr. Carper responded that the City paints them. Mayor Wolfson withdrew his concern with the light poles as long as the City upholds the maintenance process to keep them looking good. Commissioner Borno asked if the motion included the additional cost for the 16 -foot poles. Mr. Carper confirmed that was the staff's recommendation. Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED F. Discussion of possible creation of a new Single-family Residential Zoning District classification consistent with certain areas of the City, which contain typical lots larger than those required by the RS -1 Zoning District (City Manager) This item was taken out of sequence and acted upon earlier in the agenda. G. Revision to Chapter 24, Land Development Regulations, Article IV, Subdivision Regulations to remove the administrative approval for certain types of lot divisions (City Manager) This item was taken out of sequence and acted upon earlier in the agenda. H. Resolution from City of St. Augustine Beach on "Holiday Trees" (Commissioner Borno) Commissioner Borno reported there was a miscommunication with his original request to provide the Commissioners with the St. Augustine resolution marked up as Resolution 05-15 for the City of Atlantic Beach. He noted that the marked up version was not distributed to them until this December 12, 2005 REGULAR COMMISSION MEETING Page 17 evening at the meeting. For the record, Commissioner Bomo read Resolution 05-15 in its entirety with the appropriate changes made for the City of Atlantic Beach. Mayor Wolfson noted the error that it was the resolution of St. Augustine' Beach that was on the agenda, and not the Resolution for the City of Atlantic Beach as he read. Motion: To approve Resolution 05-15. Moved by Borno Motion died due to lack of a second. I. Enhancement of welcome signs (Mayor Wolfson) Mayor Wolfson displayed pictures of the City's welcome signs and noted that they have become weathered and are in need of enhancement. He suggested repainting the signs in their original colors and refinishing them. He also recommended beautification of the beds surrounding the signs and soft lighting to illuminate the faces of the signs. He discussed changes to the sign on Atlantic Boulevard to make it more visible and more attractive to traffic entering and leaving the City. Commissioner Simmons agreed with the suggestion for painting and enhancing the appearance of the signs. However, she indicated that the sign on Atlantic Boulevard is not easily seen by traffic entering the City and thus their efforts at enhancing that side of it might not be noticed. Mayor Wolfson stressed the importance of the City's welcome signs as a contribution to the City's ambience and as identification of the City's boundaries. He aiso noted the need for the signs to be lit, especially at night. Commissioner Borno suggested a concrete, decorative marker for the City entrance. The Mayor noted that his preference is to enhance, light, and landscape what currently exists. City Manager Hanson questioned if the improvements to the signs on Atlantic Boulevard are in lieu of the welcome sign idea proposed in conjunction with Neptune Beach. Mayor Wolfson indicated that it was not clear whether Neptune Beach supported the welcome sign idea. Commissioner Waters discussed the placement of a welcome sign and noted the only appropriate place for it would be in Neptune Beach in the limited area approved by the Florida Department of Transportation. He supported the creativity and substantial quality of the current design but also supported refurbishing the existing signs. He suggested putting a welcome sign at the City Manager Reports/Requests City Commissioners City Attorney December 12, 2005 REGULAR COMMISSION MEETING Page 18 Wonderwood expressway city limits and reiterated the belief that a sign 'at the Atlantic Boulevard location will not be seen or make an impression unless they work with Neptune Beach and place a sign in the middle of the road. The Mayor clarified that maintenance of the signs would involve painting, lighting, and planting. He reiterated that the entrances to the city are significant and discussed the proper placement of the welcome signs. It was the consensus of the Commission to ask staff to bring back a cost estimate for the enhancement and maintenance of the City's welcome signs. Commissioner Simmons suggested looking into placing welcome signs in the medians on Mayport Road. J. Discussion about rescheduling workshop set for January 16, 2006, Martin Luther King Day (Mayor Wolfson) The Mayor stated that, when first scheduling the workshop for January 16, 2006, the Commission did not realize that date was Martin Luther King Day. He noted the need to find a more suitable and convenient date. City Manager Hanson stated that the best dates for the strategic planning sessions would be February 1st and 2nd. The Mayor confirmed that the workshop would be tentatively rescheduled for those dates. 9. City Manager A. City Manager's Report No report. 10. Reports and/or requests from City Commissioners and City Attorney A. Approval of settlement agreement on Roberts dangerous dog case (Attorney Jensen) City Attorney Alan Jensen referred the Commission to the settlement agreement and the proposed consent order for this case, as presented in their agenda packets. He noted that it has been recommended for approval by the attorney assigned to the case by the City's insurance company. City Attorney Jensen summarized that, if the settlement agreement was accepted, the City would only be giving up the petitioners' obligation to obtain a $100,000 surety bond and the designation of the dangerous dog title to the dog in this case. He noted that experience shows that it is nonually very December 12, 2005 REGULAR COMMISSION MEETING Page 19 difficult to acquire the cash bond these days and that the City maintained the requirement for proof of liability insurance. He also indicated that the dog and owners would still be treated as second offenders if they were involved in any additional incidents. Motion: To deny the settlement agreement as presented. Commissioner Borno expressed concern with accepting the settlement due to the fact that it would omit the designation of dangerous dog and thus weaken the City's ordinance as it stands and give the dog owner relief in relation to insurance. He believed that, according to the City's code, the dog should be deemed a dangerous dog. Commissioner Simmons questioned the reasoning behind striking a compromise which takes away the designation of dangerous dog. City Attorney Jensen responded that it is part of negotiations for a settlement agreement to compromise and that even though the title of dangerous dog would be omitted, the dog would still be treated as such and subject to the penalties of such. Discussion ensued regarding the omission of the dangerous dog title and the City Attorney clarified that if the dog was involved in an additional incident, it would still be treated as a second offender. Commissioner Waters stressed the importance in maintaining the dangerous dog ordinance as it is and ensuring it continues to be applied to any future offenders. Further discussion ensued regarding the responsibilities of the owner and the potential results of not accepting the settlement agreement. Mayor Wolfson understood that this agreement would not dilute the City's ordinance but expressed concern that it could establish a precedent for another citizen in another incident to pursue the same recourse. The question was called. Motion: To deny the settlement agreement as presented. Moved by Borno, seconded by Waters Votes: Aye: 2 - Borno, Wolfson Nay: 3 - Fletcher, Simmons, Waters MOTION FAILED The motion was then presented in the affirmative, as such: Motion: To approve the settlement agreement as presented. Moved by Waters, seconded by Fletcher December 12, 2005 REGULAR COMMISSION MEETING Page 20 Votes: Aye: 3 — Fletcher, Simmons, Waters Nay: 2 - Borno, Wolfson MOTION CARRIED Commissioner Waters ❖ Would like to invite the NEFLC to dine in Atlantic Beach and noted that the three beaches work together on this invitation. ❖ Stated the need for better instruction, formatting, and forewarning for when a quasi-judicial hearing will occur. He also requested that a fomial document be provided for the Commissioners to maintain a proper log for relevant communications and disclosures. Would like more information on their role and the procedures for taking and hearing evidence. ❖ Explained his reason for initially voting against putting a mailbox at Mandalay Park but stated that he now believed that a mailbox may fit in the new designs for upgrading that park. He reported that he has received some letters supporting this idea. ❖ Asked the City Attorney to explain what rights the City provides for property owners against developers. He believed that the City should consider placing the rights of property owners in the Code, if it is not already established there. ❖ Disagreed with the current method for calculating the Commission's pay raises based on a percentage of their salary. He noted that this gave the Mayor a higher pay raise than the other Commissioners. Commissioner Waters believed that the Mayor and the Commissioners should all receive the same amount for their raises. City Attorney Jensen ❖ Clarified that the settlement approval would include authorization for the City Manager to sign the settlement agreement. Mayor Wolfson ❖ Stressed the importance of staff members who are speaking on behalf of the City to be certain to speak in context and not out of context. He specifically addressed references to Chapter 24 in the case heard in Item 8A and indicated that when information is not placed in the proper context, or if omissions are allowed, misunderstandings and incorrect presumptions easily occur. He emphasized to staff and to the City Manager the importance of being careful during these procedures. ❖ Discussed the issue of quasi judicial hearings and the need for more timely notification of when those procedures are going to occur. He December 12, 2005 REGULAR COMMISSION MEETING Page 21 noted the disadvantage experienced by the Commission when they were not informed of the quasi judicial hearing or the procedures for it until they sat down at the meeting for it. He addressed the necessity to be provided adequate time to properly research, study, and prepare the issues and positions involved. He commended Commissioner Fletcher for his job at providing details and presenting his case. He asked that this issue be studied further and given a serious approach to it. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:25 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk AGENDA ITEM #3A JANUARY 9, 2006 January 3, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso anager SUBJECT: Follow -u , ' eport Welcome Signs; The staff was recently asked for an estimated cost to add lighting to the welcome signs in Atlantic Beach. City staff has asked for costs for this work from our annual electric contractor and will report these costs when they are received. Some other modifications to the welcome signs will also be recommended in a report in at a future commission meeting. Lighting at 5 -Points Intersection; Questions were raised at a recent commission meeting about the finish coat on the poles being purchased for the 5 -points intersection, specifically about how long they would stand up to the corrosive atmosphere in Atlantic Beach. The poles are being ordered with a powder coat finish on an aluminum base which is the best coating available from the manufacturer. Staff anticipates that the poles will have to be repainted on a periodic basis to keep them looking good. There is a 12 -week ordering time for the poles, so it will be at least a couple more months before they can be installed. Clarification on Storm Water Treatment required by the City Code; In a recent commission meeting, Rick Carper was asked if the City Code required land owners to treat any of the storm water run-off originating on their lots or if the code just required that it be retained so as not to cause flooding. His answer was that it only required retainage. That was incorrect because there is a small requirement in the City Code for treatment also. Section 24-66(d) requires the treatment of one half inch of rainfall over the surface area of a lot. Section 24-66(b) requires retention for the 25 -year storm, which is 9.3 inches. Northeast Florida League of Cities Meeting at the Beaches; In a recent commission meeting, staff was asked to check with the other beach cities to see if they would agree to jointly sponsor one of the monthly Northeast Florida League of Cities meetings. Both Neptune Beach and Jacksonville Beach have agreed to do so, pending final details to be worked out. Community. Character Work by Winter and Company; The City Commission authorized the City Manager to sign an agreement with Winter and Company to perform additional services related to the development of zoning standards related to the Community Character Project. While the final scope of services has not yet been received, it is expected before the commission meeting on January 9th. Also, the next round of meetings on community character is being scheduled. AGENDA ITEM #4A JANUARY 9, 2006 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 12/29/05 Commission authorized negotiation on 4/28/03 with CDM for Hopkins Creek design and approved contract for preliminary design report on 6/23/03. 30% plans received 11/17/03. Commission has directed staff to begin discussions with church for property acquisition. FDOT approved alternate section with 13' median. Survey and design are in progress. Public meeting (30% design review) was held on 12/12/05. Bike path bid not awarded with 5 Points Improvements Project. City reviewing alternative construction means. Design complete. Bids over budget. City reviewing alternative construction means. Commission extended contract with Access Ltd. for additional work on 10/25/04. Preconstruction meeting held 11/16/04. Adele Grage completed. Gates, software and hardware installed at Public Works, WWTP #1 and #2, and WP #4. Completing programming. Debugging. Need to finish installation at City Hall. Additional work scheduled for Commission Chambers and City Hall. PROJECT NO. AND INFORMATION (D) = Camp, Dresser & McKee (CDM) (D) = GAI Consultants, Inc. (D) = Public Works (CE&I) = Public Works (D) = Connelly & Wicker, Inc. (CE&I) = Public Works (D) = Access Ltd. (C) = Access Ltd. (CE&I) = Public Utilities & Tnformation Technology (D) = Public Works (C) = John Woody, Inc. (CE&I) = Public Works PROJECT DESCRIPTION Hopkins Creek Regional Retention Facility Design = 30% Construction = 0% Mayport Medians Design = 30% Construction = 0% Bike Path on Plaza (Parkside Dr. to Seminole Rd.) Design = 100% Construction = 0% Bike Path on Seminole (Garden Lane to Oceanforest Dr. N.) Design = 100% Construction = 0% Security Upgrades at WWTP's, WP4, Adele Grage & City Hall Design = 100% Construction =99% Beach Ave. Water Main 10th —14th Design = 100% Construction = 99% ,--( N ri "7r v1 �D AGENDA ITEM #4A PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 12/29/05 Callaway Contracting has completed hardscape construction. Landscaping complete. Decorative lighting to be completed by April of 2006. Design complete. Contract awarded to Callaway Contracting. Preconstruction conference held 12/20/05. Construction to begin in January. COAB right-of-way construction complete. U.S. Post Office construction awaiting additional funding. Construction in progress. Construction to be completed by 12/30/05. Construction complete. Navy in process of obtaining DEP permits. PROJECT NO. AND INFORMATION (D) = HDR Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Bowen Civil Engineering (C) = Callaway Contracting (CE&I) = Public Works (D) = Public Works (ROW) and Transystems Corp. (USPS) (C) = R&B Contracting (CE&I) = Public Works (C) = Hager Construction Co. (CE&I) = Public Works (C) = Hager Construction Co. (CE&I) = Public Works (D) = Reynolds, Smith & Hill PROJECT DESCRIPTION 5 Points Intersection Improvements Design = 100% Construction = 90% Ocean & 13th Drainage Improvements Design =100% Construction = 0% Plaza Road Post Office Entrance Modifications Design = 100% Construction = 100% West Plaza Multipurpose Path Project Design =100% Construction = 95% West 3rd Street Sidewalk Project Design = 100% Construction = 100% Ribault Bay Water System Upgrades (Navy Project) Design = 99% Construction = O N NUARY 9, 2006 PUBLIC WORKS and UTILITY DEPARTMENTS PROJECT STATUS REPORT (D) = DESIGN ENGINEER, (CE&I) = CONSTRUCTION ENGINEER , (C) = CONTRACTOR STATUS ON 12/29/05 Awarded by Commission 10/24/05. Purchase order issued, ordering equipment. Contractor performed site visits to verify genset location and set up. Awaiting equipment delivery. Staff performing final review of design drawings. Bids due 2/22/06. Advertised Requests for Proposals on 10/30/05. Proposals received 11/30/05. On Commission agenda to negotiate contract 1/9/06. PROJECT NO. AND INFORMATION (C) = Ring Power (CE&I) = Public Utilities (D) = CH2M Hill and Public Works (CE&I) = Public Works PROJECT DESCRIPTION Gensets at Water Plant # 3 (902 Assisi Lane), and Lift Station "B" (425 11th Street) Water Main Replacement at Sailfish Drive and Plaza Design = 90% Construction = 0% Sewer Master Plan Update Design = 0% M cr V) AGENDA ITEM #4A JANUARY 9, 2006 a, a m m m N N N N m m a a w w M x 0 0 W W tt1 as U U H H N H N H W 0 H m m d' V' �O N N a N a 0 0 t H I E. i i H 4 H 4 a (r m In a N • N N a O' 0q q cn wtx v0rx 0 4m 1-1 m CO 0) mR>C 0 m w� •-•.... (i) w w a �a �a n W 0 U Pa 0.01 H 0 H a 0 0 U h zlna H 1-1 CO 0 m o 4 E. H z 0 m �\ z O 0 N �H •• FC FC U N zCo z H F v) 0 m \ z H N r•C w 4 4 w Cn a 01 Cil P H U Q N N H0 1 z w 0A PI •• H a H > -- x 7.. 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W 0H W aH AHH -i 0) H r� z z 0) z w� Oma r41-4 ma ama z0Fa1 aLna Ga.rrnnd W and 3Nd 0r-1 /4' Hifi 904-435-0131 RD., JACKSONVILLE FL 32217 PREPARED o 01 a � E.,0 �0 u •r♦ a H Ua a B 06-06415 06-06416 06-06413 06-06412 1 06-06414 04 0 H CA m \Cn- r-COl W 0 U a zona Ory U? \ WH .. z�� H N 4 H aa.. PI z wwEi H W 0 01 q 0) kip a w a0w NU H •• a 41 baa 3 0 01 0 a H zwa W Cn 4-1 0) U a w 0 H 4-1 P, q z ACTIVITY D TOTALS a 0 AGENDA ITEM #4A JANUARY 9, 2006 LICENSES 0 0 0 0 0 0 H Uaz00H rCaH>aa LICENSES E 0 0 0 0. U W z O O H waH>wa Ua000H 4 a H> a a City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2005 AGENDA ITEM #4A JANUARY 9, 2006 Cash Balances Fund(s) General Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Cent Sales Tax Police Training, Forfeit, etc. Grants Debt Service Utility Sanitation Storm Water Pension - Police Pension - General Total Total Restricted Cash Total Unrestricted Cash Prior 10/31/05 $3,837,514 30,978 162,822 357,815 1,005,380 24,112 42,690 82,155 3,202,915 568,340 2,980,914 6,649 37,764 $12,340,048 Current 11/30/05 $3,764,806 30,978 163,309 367,787 1,028,928 23,727 40,314 88,243 3,440,648 658,577 2,997,487 (421) 56,888 Dollar Change ($72,708) 0 487 9,972 23,548 (385) (2,376) 6,088 237,733 90,237 16,573 (7,070) 19,124 $12,661,271 $321,223 $6,344,618 $6,316,653 Cash and Investments Account Bank of America - Depository SBA Cash on Hand Subtotal Suntrust-Pension-Police Merrill Lynch -Pension -Police Suntrust-Pension-General Merrill Lynch -Pension -General Subtotal Prior 10/31/05 Current 11/30/05 $138,741 $172,459 12,198,757 12,486,262 2,550 2,550 12,340,048 12,661,271 4,179,695 4,279,305 501,173 525,836 5,657,681 5,791,132 1,063,557 1,115,752 11,402,106 11,712,025 Dollar Rate of Change Return % $33,718 287,505 0 321,223 99,610 24,663 133,451 52,195 309,919 Total $23,742,154 $24,373,296 $631,142 (1) FYTD rate of return through 09/30/05 3.02 3.98 7.50 (1) 28.60 (1) 7.60 (1) 28.60 (1) City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2005 Revenues AGENDA ITEM #4A JANUARY 9,2006 Fund / (Footnote) Annual Estimate YTD - 16.7% of Estimate YTD Dollar Percent Actual Variance Variance General (1) Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Ct Sales Tax Police Training, Forfeit, etc. Grants (2) Debt Service Utility Sanitation Storm Water (3) Pension - Police Pension - General (4) Total $9,951,978 0 128,000 564,042 702,336 31,800 447,833 71,100 6,623,534 1,362,300 1,067,868 702,355 1,015,029 $22,668,175 $1,661,980 0 21,376 94,195 117,290 5,311 74,788 11,874 1,106,130 227,504 178,334 117,293 169,510 $3,785,585 $1,168,988 0 6,944 95,042 128,046 4,789 48,749 12,143 1,107,639 216,410 122,363 122,783 203,238 $3,237,134 ($492,992) 0 (14,432) 847 10,756 (522) (26,039) 269 1,509 (11,094) (55,971) 5,490 33,728 ($548,451) -29.66% 100.00% -67.51% 0.90% 9.17% -9.83% -34.82% 2.27% 0.14% -4.88% -31.39% 4.68% 19.90% Analysis of Major Variances (1) The $492,992 negative variance in the General Fund resulted from property taxes. Typically these taxes are received from the City of in December. (2) The $26,039 negative variance in the Grant Funds resulted from eit been purchased or reimbursement requests not having been filed 2005. (3) The $55,971 negative variance in the Stormwater Fund resulted grant in fiscal year 2006 that has not been received. (4) The $33,728 positive variance in the General Employee Pension changes in the market values of the investments. not having received Jacksonville starting her items not having as of November 30, from the award of a Fund resulted from City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2005 Expenses AGENDA ITEM #4A JANUARY 9, 2006 Annual YTD - 16.7% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $45,938 $7,672 $8,516 ($844) -11.00% City Administration 2,122,737 354,497 289,029 65,468 18.47% General Government (1) 2,165,615 361,657 238,281 123,376 34.11% Planning and Building 591,118 98,717 59,823 38,894 39.40% Public Safety (2) 4,714,649 787,348 458,020 329,328 41.83% Parks and Recreation 1,023,072 170,854 132,270 38,584 22.58% Public Works (3) 6,136,758 1,024,838 704,566 320,272 31.25% Public Utilities (4) 7,115,581 1,188,302 1,602,502 (414,200) -34.86% Pension - Police 400,936 66,956 68,185 (1,229) -1.84% Pension - General 405,798 67,768 67,422 346 0.51% Total $24,722,202 $4,128,609 $3,628,614 $499,995 Resource Allocation Annual YTD - 16.7% YTD Dollar Percent Estimate of Estimate Actual Variance Variance Personal Services (5) $7,913,547 $1,321,562 $1,024,716 $296,846 22.46% Operating Expenses (2) & (3) 9,514,916 1,588,992 1,019,322 569,670 35.85% Capital Outlay (1), (2) & (3) 4,827,077 806,122 335,703 470,419 58.36% Debt Service (4) 1,677,585 280,157 1,117,360 (837,203) -298.83% Transfers 789,077 131,776 131,513 263 0.20% Total $24,722,202 $4,128,609 $3,628,614 $499,995 Analysis of Major Variances (1) The positive variance in the General Government departments resulted from not having begun the various projects funded from this source - see Project Activity Schedule. (2) The positive variance in the Public Safety departments is partially due to the payment being due quarterly to the City of Jacksonville for fire & rescue services. The next payment is due in January 2006 for October through December 2005. Also, the police union contract has not been approved as of November 30th so salaries and benefits are less than the amount budgeted. (3) The positive variance in the Public Works departments resulted from the waste management contract and First Vehicle not having been paid in October 2005 and not having begun various projects funded from this source - see Project Activity Schedule. (4) The negative variance in the Public Utilities department resulted from the October payment of principal and interest on the Utility Revenue Bonds and is partially offset by not having begun various projects funded from this source - see Project Activity Schedule. (5) The positive variance in the Personal Services is related to 43% of the first payroll of October, 2005 being expensed in the prior fiscal year. Also, the union contracts for the police, white collar and blue collar employees has not been approved as of November 30, 2005. City of Atlantic Beach FINANCIAL REPORT NOVEMBER 2005 Project Activity - Current Year Activity Only AGENDA ITEM #4A JANUARY 9, 2006 Project Name Project Number YTD YTD YTD Budget Actual Balance Status General Government: City Hall Expansion Parks and Recreation: Beautification Subtotal Subtotal GG0402 PR0601 $2,816 $0 $2,816 1 2,816 0 2,816 45,000 0 45,000 45,000 0 45,000 Public Safety Police Building Renovations PS0504 475,000 0 475,000 D Homeland Security Items PS0601 138,000 0 138,000 Subtotal 613,000 0 613,000 Public Works: Plaza Entrance/Post Office PW0305 55,080 54,687 393 I Hopkins Creek Basin Pond PW0309 1,301,500 0 1,301,500 E Mayport Road Medians PW0401 346,858 0 346,858 E Welcome Sign and Landscaping PW0405 78,000 0 78,000 Ocean/13th - Coast Drive/12th PW0409 132,073 2,745 129,328 E Five Points Intersection Improvement PW0502 346,643 123,659 222,984 I Sidewalks - New PW0503 23,795 0 23,795 I Sidewalks - Replacements PW0505 10,752 5,864 4,888 I Seminole Ditch Headwall PW0507 12,974 0 12,974 I Pathway - Plaza (West of Mayport Road) PW0508 24,676 0 24,676 I Concrete Floor for Shed PW0601 8,000 0 8,000 Medians Rehab - Atlantic Boulevard PW0602 20,000 0 20,000 Roll Off Concrete Pads PW0603 10,000 0 10,000 Sidewalks & Curbs PW0604 50,000 0 50,000 I Paving of City Hall Parking Lot PW0605 84,000 0 84,000 Pathways PW0606 150,000 0 150,000 Sidewalks - Sailfish,Royal Palm & Frances PW0607 90,800 0 90,800 Subtotal 2,745,151 186,955 2,558,196 Public Utilities: Security Upgrade/Water Plants PU0305 2,485 2,485 0 I Headwork Improvements at WWTP2 PU0310 52,027 0 52,027 I Water Line at 10th Street & Beach Avenue PU0503 99,776 31,138 68,638 I Mayport Road Sewer Crossing PU0504 50,000 0 50,000 Fence Replacement at Water Plant 1 PU0601 70,000 0 70,000 Water Main at Sailfish Drive & Plaza PU0602 60,000 0 60,000 Sewer Crossing Ditch at Palm Landing PU0603 30,000 0 30,000 Genset at Lift Station B PU0604 44,650 0 44,650 I Clarifier Rehabilitation PU0605 100,000 0 100,000 Fence Replacement at WWTP 1 PU0606 15,000 0 15,000 Sludge Container Refurbishment PU0607 15,000 0 15,000 Subtotal 538,938 33,623 505,316 Status Key B - Bid Awarded C - Project Completed D - Design Completed Total $3,944,905 $220,578 $3,724,327 E - Design Phase 1 - Project In -progress R - Re -budget Next Fiscal Year AGENDA ITEM: AGENDA ITEM #4B JANUARY 9,2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Landscape Maintenance Contract Extension for Town Center, Atlantic Boulevard Medians, Mayport Road Flyover, and FDOT Pond #3 at the Hess Station on Mayport Road SUBMITTED BY: Rick Carper, Director of Public Works/ _ DATE: December 19, 2005 BACKGROUND: The City's current contract with Trim All Lawn Service for maintenance expires on January 31, 2006. We have contacted Mr. Jason Lee, owner of Trim All Lawn Service, and he has agreed to extend the contract for another year at the current prices ($76,080). The City has the option of extending the current contract for two (2) one (1) year periods and this proposed extension will be the second. RECOMMENDATION: Extend the Landscape Maintenance contract for one year at the current prices. ATTACHMENTS: Letter signed by Jason Lee, owner of Trim All Lawn Service, agreeing to the extension at the current prices. BUDGET: Maintenance funds are budgeted under account number 001-5002-541-34.00 "Other Contractual Services." in the amount of $26,400.00 for the Atlantic Boulevard Medians, $33,840.00 for the Mayport Road Flyover, $12,000.00 for Town Center and $3,840.00 for FDOT Pond #3 for a total of $76,080.00. REVIEWED BY CITY MANAGER: tiF-Z December 8, 2005 Jason Lee Owner Trim All Lawn Service P.O. Box 6437 Fernandina Beach, Florida 32035 Dear Mr. Lee: AGENDA ITEM #4B JANUARY 9, 2006 DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4318 TELEPHONE: (904) 247-5834 FAX: (904) 247-5843 SUNCOM: 852-5834 http://ci.atlantic-beach.fl.us As you are aware, the contract with the City of Atlantic Beach for Atlantic Boulevard Medians, Mayport Road Flyover Areas, FDOT pond on Mayport Road by the Hess Station & Town Center Landscape Maintenance expires on January 31, 2006. We would like to extend the contract for another year at the current prices, if this is acceptable to your company. If acceptable, please sign below and return to me before January 10, 2006, so I can prepare a staff report for the City Commission to accept the extension. We look forward to recommending that we continue our contract with your company. Phil Nodme Streets and Maintenance Division Director TRIM ALL LAWN SERVICE AGREES TO EXTEND THE CONTRACT FOR ONE YEAR FOR THE SAME PRICE. /2/15 jos ee Owner of Trim All Lawn Service I Dat AGENDA ITEM #4C JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Sewer Master Plan Update RFP No. 06-1 SUBMITTED BY: Donna Kaluzniak, Utility Director?) DATE: December 21, 2005 BACKGROUND: A Sewer Master Plan was completed in October 2000, and included preparing the GIS sewer map and database along with recommendations for a new master lift station in the Atlantic Beach system. The plan also recommended upgrades to a number of existing lift stations and force mains and a schedule for collection system rehabilitation. This plan did not include an evaluation of the treatment plants. The master lift station and several of the lift station and force main improvements have been constructed. However, there has not been enough funding available to complete the amount of sewer system rehabilitation recommended. Also, with the potential high cost for nutrient removal that may be required by the Department of Environmental Protection (DEP) as part of the Total Maximum Daily Loads (TMDL) rule, staff determined the need for a Sewer Master Plan Update. The update will include an evaluation of the treatment plants and optimal methods to meet the TMDL, as well as a re -prioritization of collection system needs. In addition to the Master Plan Update, the RFP included preparation of reports that will need to be submitted as part of the DEP Permit Renewal for Wastewater Plant No. 1 at 1100 Sandpiper Road. A Request for Proposals (RFP) was advertised and sent to numerous engineering firms. Staff received proposals from the following 5 companies on November 30, 2005: o Applied Technology & Management ❑ CH2M Hill ❑ CPH Engineers o Dyer Riddle Mills & Precourt ❑ HDR Engineering, Inc. Staff evaluated the proposals and ranked the firms on several criteria including --Firm's Professional Qualifications and Project Team, Past Record of Professional Accomplishment, Project Approach, Staff Availability and Capability to Meet Deadlines, Financial Responsibility and Insurance, Proximity and Cost. 1 AGENDA ITEM #4C JANUARY 9, 2006 The top three ranked firms were: 1. Applied Technology and Management (ATM) 2. CH2M Hill 3. CPH Engineers ATM was the top-ranked fun for several reasons. Their Project Team includes engineers who have been working with the three beach cities on the TMDL issue for quite some time, conducting modeling efforts and permitting assistance. In addition, one of their engineers previously worked on several major sewer projects for our city, including design of the master lift station. ATM's Project Approach was the only submittal that included evaluating not only Atlantic Beach's two treatment plants for meeting the TMDL requirements, but discussed the possibility of working with the other beach cities for an optimal solution. ATM is located in Jacksonville Beach, so site visits or meetings can be easily and quickly coordinated. They also had a high level of Staff Availability in order to meet deadlines and received a high score on Cost criteria. BUDGET: A total of $130,000 was budgeted for the Sewer Master Plan Update, TMDL engineering, and the Permit Renewal Studies for Wastewater Plant No. 1 under account nos. 410- 5506-535-3100 and 410-5508-535-3100. RECOMMENDATION: Authorize staff to negotiate a contract with the top ranked firm, Applied Technology and Management for Sewer Master Plan Update 2006, RFP 06-1. If unable to negotiate a satisfactory contract, authorize staff to negotiate a contract with the next ranked firms. ATTACHMENTS: 1. Evaluation Form for Sewer Master Plan Update 2006 2. Request for Proposals, RFP 06-1 Note: Engineering proposals are available through City Clerk's office. REVIEWED BY CITY MANAGES 2 • 5' Tp c n 11 ; o.° g=pct o p5•` a0 n m o p' •1. o w • w 'bCD nor g go -14. A • rozc z �0 Cz 0 o 11 zw ° 11 w Fy F, E n f O 0.N E "c.? o m a2 co X fA ° 70 o w o 5' < O. j a • n nygx� O E wWoww4 u rri co 't °n_OCwnil�OH • •a m (xw 5O yg. 7u %y.. N 0O E �H awo cbww7Otnz �o0wmaw0 °ao OW N cc - as acn00 o II 01a.ta g 'mio acqa^. . 5o go. -0x° , 5OE. cp. DRMP Precourt, Stephen, P.E. (P -I -C) // LePetrie, James, P.E. (PM) 3611 St. Johns Bluff Rd. Smoot, William, P.E. (QA/QC) // Baxter, Heather, P.E. (PE) Suite 14 Henry, Mike, P.E. (PE) // Eckhardt, Nick, E.I. (PE) Jacksonville, FL 32224 Dela Cruz, Joseph, E.I. (PE) // Zoman, Dennisse, E.I. (PE) DeVito, Nick CET (ET) // Wittingham, Joette (ET) Braswell, Danny (ET) // Brown, Justin (ET) Simes & Rosch Eng. (EE) // McVey & Mangum Eng. (SE) 19.50 HDR Engineering, Inc. Kosoy, Robert, P.E. (CM/QA, CAS, P) 200 W. Forsyth Street Grimes, G., P.E. (PM, SH, TMDL) // Clark, David (NR:TMDL) Suite 800 Condran, Mike, P.E. (TMDL) // Safrit, Don, P.E. (NR:WC&R) Jacksonville, FL 32202 Kinnear, David (NR:SOL) // Mosteller, Kevin, P.E. (NR:SHP) Boss, Errol — National Expert (AM&GIS) // Haney, Chris, P.E. (CSA, WCR) // Voorhees (SH) 20.25 AM&GIS=Asset Manaeement and GIS: CAD=Cad• CF=rnct Fir; ar r• stn= CPH 6695 Corporate Center Pkwy. Jacksonville, FL 32216 CH2MtULL 9428 Baymeadows Road Suite 200 Jacksonville, FL 32256 ATM 411 Pablo Avenue Jacksonville Beach, FL 32250 Firm Scaled Value Gierach, David, P.E. (P -I -C) // Olszewski, Wade, P.E. (PM) Fries, Benjamin (PM) // Howe, William, P.E. (PE) Lee, Ying, P.E. (PE) // Lamoureux, Mark, P.E. (PE) Zaudtke, Terry, P.E. (QA/QC) // Cox, Gerald (PE, CE) 19.50 Dykes, Mike, P.E. (P -I -C) // Hersey, Mike, P.E. (PM) Riley, Steve, P.E. (SC, FDEPP) // Boe, Randy, P.E. (WT) Hersey, Mike, P.E. (WC) 1/ Jones, Dennis (CE) Simbolick, Joe (OS) 24.00 ,;Swann, Steve, P.E. (P -I -C, RPPR, TMDL, CIP) Taylor, Tim, P.E. (PM, TMDL, CSA) Bryan, Angela, P.E. (USMP, CSA) Misterly, Grant, P.E. (RPPR, SHR, CIP) Canfield, David, EI (RPPR, CSA) Brown & Caldwell (TMDL) // JCEA, LLC (SHR) Kelly, Hunter (SHR, CIP) // Ducharme, Steve (CAD) 25.50 woN Firm's Professional Qualifications and Project Team 13 Projects 5 References 18.12 12 Projects 12 References 18.12 12 Projects 3 References 20.62 12 Projects 7 References 20 WW Master Plans 21.87 11 Projects 12 References 20.00 Lo Past Record of Professional Accom .l ishments co J � Ul N tri 0 Project Approach N ili O O" O O O‘ O O. O J \ StaffAvailabilityFinancial Proximity Cost Total Ranking and Capability to Responsibility Score Meet Deadlines and Insurance I o s 000 1n 1 co 5 0 co I w N nz'� 00� °. rrn W n0 t-3 1 ri tria, 0 1 o ° W ti .-��5 ti n 1 cn co 0 .0 .� rri w V) W' y 5 e CD 1 o 0 (/) 5' o. W y C5 010 I \'" Nvicn nrn W Fr w N `D G w o y co `nag,- n to O - O g H .C. W N a�g w^ -1 .r.. 5• o cn l�y. tD i •A oo 'ya g n N N R W v a A • a, t' i -� o WA coo 000 A W W W A p P w n VI AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 The City of Atlantic Beach, Florida is soliciting for proposals from professional engineering firms to provide engineering services to develop a Sewer Master Plan Update 2006 for the City of Atlantic Beach. Proposals must be submitted in quadruplicate by Wednesday, 4:30 PM, November 30, 2005 and addressed to: Donna Kaluzniak, Utility Director 1200 Sandpiper Lane Atlantic Beach, FL 32233 SCOPE OF WORK Prepare an Updated Sewer Master Plan for the Atlantic Beach Sewer System, including service areas both inside and outside city limits. The Master Plan will include the following elements: a. An evaluation of the wastewater treatment plant processes for both Wastewater Plant No. 1 (1100 Sandpiper Lane) and Wastewater Plant No. 2 (739 Renault), to consist of i. A conceptual design and recommendation for the most cost effective method to meet the anticipated Total Maximum Daily Load requirement for nitrogen based on process adjustments, reclaimed water implementation, or a combination at one or both plants or combined beaches facility. ii. Recommendations for any modifications to solids handling processes for the treatment plants iii. Recommendations for modifications, upgrades or additions to equipment, controls, tankage, operational layout that may be needed for future needs, to meet future regulatory requirements, or to provide improvements in efficiency. b. An evaluation of the wastewater collection system for the service areas both inside and outside the city limits. i. An updated analysis of lift stations and force mains to determine if they are working efficiently and per standards to include: 1. Updating the schematic diagrams of the force main systems: a. Include private lift stations that pump into City's system on schematic diagrams b. Add new lift stations to the schematic 2. A updated summary of lift station equipment for new/modified lift stations 3. An update of pumping capacities for new/modified lift stations 4. An update of wetwell configurations and volumes for new/modified lift stations ii. An updated analysis of areas of inflow/infiltration based on available current data, reports, sewer videotapes, lift station pumping rates and pressure readings, anecdotal data and field observation. c. An updated 10 -year Capital Improvement Program including: i. Recommended improvements and construction projects: 1. Include a priority rating for each recommendation 2. Include a recommended time line for completion 3. Include an estimate of probable costs for each improvement 4. Highlight improvements that are imperative based on the existing forecast 1 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 "pay as you go" budget 5. Include discussion of how priorities are established and possible environmental, regulatory or other impacts of recommendations d. Provide 60% Master Plan (3 copies) for review within 90 days from date of award i. Total Maximum Daily Load recommendation must be completed first ii. Prepare corrections or revisions as noted by staff review e. Provide 90% Master Plan (3 copies) for review within 14 days of receipt of comments f. Provide Final Sewer Master Plan Update Reports (10 copies) i. Incorporate comments from 90% review within 7 days of receipt ii. Provide ten (10) sets of the complete plan in hardcopy iii. Provide one copy of the plan in digital format g. Conduct PowerPoint presentation about the plan for the City Commission II. Report Preparation and DEP Permit Renewal for Wastewater Plant No. 1 a. Update the Capacity Analysis Report as required by FAC 62-600.405 b. Complete the Operations and Maintenance Performance Report per FAC 62-600.735 c. Update cost estimates only for Reuse Feasibility Studies d. Provide City staff with 3 copies of the draft reports. i. Address staff comments in final reports e. Provide City with 10 hard copies of the final reports and one copy in digital format f. Prepare the DEP Permit Renewal Application g. Respond to up to two Requests for Additional Information h. Reports and DEP Permit Renewal Application to be complete and submitted to DEP no later than July 30, 2006. The consultant will use pre-existing information to the extent possible during preparation of the master plan and DEP reports. This information includes, but is not limited to: ❑ The Sewer Master Plan 2000 ❑ Solids Handling Analysis completed in 2001 ❑ Sewer Televising Reports ❑ Wastewater engineering studies ❑ The TMDL Value Analysis for Point Sources conducted by the St. Johns River Water Management's engineer ❑ Previous DEP Permit Renewal reports and documents CONSULTANT(S) WRITTEN PROPOSAL REQUIREMENTS AND SELECTION PROCESS: A. SELECTION PROCESS: Consultant selection shall be in accordance with this request for proposal. The evaluation process shall determine qualifications, interest, and availability. City staff will first review all written responses. This review will result in a ranked list of fully qualified respondents. If deemed necessary, informal interviews may be conducted of selected respondents determined to be best qualified based upon the evaluation of the written responses. The detei inations shall be based upon the criteria below. 2 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 An agreement will be developed for signatures upon approval by the Atlantic Beach City Commission. The City reserves the right to reject any and all proposals, waive informalities and technicalities, and make award to the firm whose proposal best serves the interest of the City. Also, the City reserves the right to make such investigation as deemed necessary to determine the ability of any proposer to perform the services requested. B. METHOD OF RANKING: During the review of written responses, each criterion below will be ranked on a scale of zero (0) through ten (10). In addition, each criterion has been assigned a percentage value that weights the criterion's significance to the project as noted below. C. WRITTEN PROPOSAL / QUALIFICATIONS PACKAGE REQUIREMENT: Respondents are to adhere to the requirements shown below. Failure to do so may result in rejection of proposal as non-responsive. - Be concise and to the point. - Provide adequate information on each criterion below. - Provide the ranking criteria information below in the order shown. D. RANKING CRITERIA: 1) Firm's Professional Qualifications and Project Team [30%]: List Consultant team members and sub -contractor firms, including detailed resumes. Give brief bullets on education, training and experience for project personnel. Team members listed in the proposal must be available for work on the project during the entire contract period. In the event a team member leaves the employ of the consultant during the contract period, another team member with equal or better experience and qualifications must be substituted. 2) Past record of professional accomplishments [25%]: A list plus brief description of completed projects similar to the project under consideration. Provide a reference list of other agencies, governments or companies for which similar services have been provided. Include owners' contact person, FAX number and telephone number, and type of projects completed. 3) Project approach [10%]: Describe the firm's specific proposed approach to providing the City with an updated master plan including recommendation for meeting TMDL requirements. 3 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 4) Staff Availability and Capability to Meet Deadlines [20%]: Current and projected workload for the project team which indicates the availability of staff to complete assigned projects in a timely manner. Time is of the essence for this project. Provide a schedule for completing the project showing major milestones and ability to meet the project deadline. 5) Financial Responsibility and Insurance [5%]: The form of business of the prime consultant, i.e., proprietorship, partnership, corporation; years in business; changes in ownership; bank reference; and any other information the applicant may wish to supply to verify financial responsibility. Include the most recent audit summary for the firm, and current certificate of insurance. 6) Proximity [5%]: Location of the consultant's home office (corporate headquarters) and location of the local office where the project(s) will be produced. 7) Cost [5%]: Quote rates, fees, or charges. Detail other cost proposals or cost breakdown information. a. Schedule of direct labor rates (without fringe benefits) for the following categories of personnel to be used on this requirements contract. Principal (Partner or Senior Officer) Project Manager (Responsible Professional) Design Engineer or Architect (Registered) Designer or Technician (Non -registered) Drafter Field Inspector Clerical (Typist, Word Processor, Printer, Assembly) Other (Specify) b. Proposed overhead rate on direct labor, profit rate, costs of printing, CAD systems or other direct project costs. Overhead rate may not be more than 150%. c. Any other information available to show pricing methods. d. Miscellaneous guidance: - Proposed rates and costs will be used in the negotiation of fees and shall remain in 4 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 effect throughout the current terra of the contract. - List the proposed overhead rates in use by the filar. -List the proposed profit rate in use by the firm. Profit shall be applied only to direct labor plus associated overhead. No mark-up or profit shall be paid on non -labor related job costs, reimbursable expenses, or services provided by subcontractors. - Prior to negotiation on each requirement for scope of service, the selected consultant(s) will be required to provide the proposed total compensation, utilizing the rates shown in this proposal and detailing employee hours needed for each activity, number of sheets required for drawings, amount proposed for surveys, geotechnical investigations, other specialty sub -consultant costs, and all other costs associated with the project. E. PROPOSAL IS NOT A BID: This request for proposals / qualifications is not to be considered a BID. The City of Atlantic Beach will evaluate proposals based on the criteria set forth in this RFP. Rates, fees and charges are requested as part of the RFP package. However, the City reserves the right, at its sole discretion, to exclude the fees from the evaluation process. The evaluation process will consider all other requested criteria to determine which fiurr(s) are the most highly qualified to perform the required services. 5. INDEMNIFICATION REQUIREMENT: The City shall require the following or similar indemnification paragraphs to be made part of the contract(s) as entered into with the successful proposer(s). The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. 6. INSURANCE REQUIREMENTS: The consultant shall procure and maintain during the term of the contract, insurance of the types and in the minimum amounts stated below. 5 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 Coverages Schedule Minimums A. Workers' Compensation Florida Statutory Coverage and Employer's Liability (including Appropriate Federal Acts) B. Comprehensive General Liability C. Products - Completed Operations D. Business Auto Liability (All autos - owned, hired or used) E. Professional Liability $100,000 - each accident $100,000 - each employee $500,000 - policy limit for disease $1,000,000 - bodily injury each occurrence $1,000,000 - bodily injury aggregate $1,000,000 - property damage each occurrence $1,000,000 - property damage aggregate $1,000,000 - aggregate Same as Comprehensive General Liability Same as Comprehensive General Liability F. Excess or Umbrella Liability Optional Insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Prior to commencing any work on the contract, certificates of insurance, approved by the City, evidencing the maintenance of said insurance shall be furnished to the City. The certificates shall provide that no material alteration or cancellation, including expiration and non -renewal, shall be effective until fifteen (15) days after receipt of written notice by the City. All coverages shall name the City as "additional insured". Receipt of certificates or other documents of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required will not constitute a waiver of the successful proposer(s)' obligation to fulfill the insurance requirements herein. 7. ANTI -COLLUSION REQUIREMENT: Under no circumstances shall any prospective proposer, or any person or persons acting for or on behalf of any said prospective proposer, seek to influence or gain the support of any member of the City Commission or the City Staff favorable to the interest of any prospective proposer or seek to influence or gain the support of any member of the City Commission or City Staff against the interest of any prospective proposer. Any such activities shall result in the exclusion of the prospective proposer from 6 AGENDA ITEM #4C JANUARY 9, 2006 REQUEST FOR PROPOSALS PROFESSIONAL ENGINEERING SERVICES SEWER MASTER PLAN UPDATE 2006 RFP # 06-1 consideration by the City. 8. PUBLIC ENTITY CRIMES REQUIREMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in SECTION 287.017, for CATEGORY TWO for a period of 36 months from the date of being place All proposals will be reviewed by City Staff, and a submittal of the proposals of the five top rated firms will be made to the City Commission. Selection will be determined by the City Commission. Negotiation of fees will commence upon City Commission approval, and the Standard Form of Agreement (EJCDC) will be developed for signatures. All work will commence immediately following signing and approval of the Agreement. All questions concerning the submittal of proposals must be addressed to Donna Kaluzniak, Utility Director. No questions may be directed to any other party. Submit four (4) copies of the proposal. 7 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: RECOMMENDATION: CITY MANAGER: AGENDA ITEM #4D JANUARY 9, 2006 Authorize Veterans Day as a holiday for non-union City general employees. George Foster, Human Resource Manager IA January 3, 2006 During union negotiations with the Police Union and the Public Employees' Local Union 630 "Blue Collar" and "White Collar" unions, the City Commission authorized the City Chief Negotiatior to add Veterans Day as an additional holiday in order to maintain favorable City/Union relationships and obtain a final contract agreement with the Unions. It is estimated that the additional cost of this holiday for non- union employees is less that $500 annually. Note: Unless an employee is required to work on Veterans Day, there is no additional direct cost to the City. Additional funds, as required, will be included within the FY06/07 budget for the November 2006 Veterans Day holiday. That the City Commission authorize Veterans Day as a holiday for all nonunion City employees. AGENDA ITEM #4E JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Follow-up to City Commission action denying a request for a Waiver from Section 24-66 of the Land Development Regulations requiring On -Site Retention for a lot located at 1718 Selva Marina Drive. SUBMITTED BY: Rick Carper, P.E., Public Works Director Sonya Doerr, AICP, Community Development Director DATE: December 30, 2005 BACKGROUND: On November 28, 2005, the Commission took action to deny a request for a Waiver from the Land Development Regulations related Section 24-66(b), which requires on-site storage of stormwater runoff such that there is no increase in the rate or volume of flow to off-site, for a property at 1718 Selva Marina Drive. Since that action, the property owner, Joseph Fitzgerald, has advised Staff that it was not his intention to go forward with the waiver request at that time and stated that he had not been notified that the request had been scheduled for consideration by the Commission. Mr. Fitzgerald, however, had been in discussions with both Planning and Public Works Staff regarding available Commission agenda dates and had submitted a written waiver request in October for the purpose of being heard by the Commission. (See attached chronology.) While Staff's recommendation related to this matter remains unchanged, Mr. Fitzgerald, upon written request to the City, may submit a new or amended, waiver request if he chooses to do so. Unlike Rezonings, Zoning Variances and Use -by -Exceptions, there is no 365 -day time limit to re -apply following a denial. RECOMMENDATION: As previously provided, Staff continues to recommend disapproval of the waiver request. LDR Section 24-66(b) gives the Director of Public Works authority to waive on-site retention "if storage is determined to be unnecessary or unattainable". In this case, Staff feels it is both necessary and attainable, and that to grant the waiver would set a dangerous precedent for the City. ATTACHMENTS: Chronology of requested Waiver and supporting information from November 14th and 28th City Commission meetings. BUDGET: No budget issues. REVIEWED BY CITY MANAGER: January 09, 2006 regular meeting AGENDA ITEM #4E JANUARY 9, 2006 Chronology - 1718 Selva Marina Drive — Public Works Department (All dates 2005) May 5 — Plans received by Building Department. May 10 — Routed to Public Works. (AS400) May 12 — Public Works comments with example On-site Retention calculation form faxed to Gamel Construction. Discussed comments with Mr. Gamel by phone. May 16 to May 27 — Met several times with Frank Gamel to discuss various options for retention. May 27 — Approved Gamel proposal for on-site retention. Excluded rear half of property from calculations because it drains directly to Selva lagoon. May 31 — Building Permit issued. (AS400) October 05 — Initial discussions about waiver request with Sonya. October 26 — Began drafting staff report recommending disapproval of waiver request.; discovered City copy of drainage plan / retention calculations missing. October 28 — Visited construction site — no copy of plan available on site. October 31 — Phone conversation with Frank Gamel — Discussed that Mr. Fitzgerald was requesting waiver, was not aware of that. He does not have copy of approved plan. November 7 — Staff report submitted to City Manager. November 14— Initial Commission consideration of request. Not acted upon because staff not sure applicant contacted. November 28 — Commission denied waiver request after staff reported a letter had been sent to applicant (sent to wrong address). December 14 — met with Mr. Fitzgerald and Frank Gamel to discuss On -Site Retention requirement. Copies of Staff Report and Commission minutes provided to Mr. Fitzgerald. (Appointment was for 3pm, showed up at 1:10; I let him know meeting would be abbreviated due to weekly meeting with City Manager). Action on. Resolutions Action on Ordinances. AGENDA ITEM #4E JANUARY 9, 2006 November 28. 2005 REGULAR COMMISSION MEETING Motion: Appoint Carole Varney to fill the vacancy on the Tree Conservation Board. Moved by Wolfson, seconded by Sir mons Pae 14 Commissioner Waters asked that the applications be included in the agenda packets when ac=tion is -scheduled to be taken. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances None, Miscellaneous Business 8. w 1 O a Miscellaneous Business A. Request to replat a portion of Block 1 within Unit 1 of the Selva Marina subdivision, including all of Lot 33 and portions of Lot 32 and Lot 34 for the purpose of creating three single-family residential lots ranging in size from 8167 square feet to 12,884 square feet in Lot Area. This property is located at the northwest• corner of 12th Street and Selva Marina Circle (City Manager) This item was acted on earlier in the meeting. B, Request for a Waiver. front. Land Development Regulations Requirement for On -Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) City Manager Hanson noted that this item was addressed at the previous Commission meeting and that the staff report was included in the agenda packet along with Mr. Carpet's recommendation for denial of the request. Rick Carper, Director of Public Works, added that staff did not receive any response from the applicant. Motion: Deny the request for a waiver from Land Development Re mations re tzirenient for on-site retention for a lot located at 1718 Seiva Marina Drive. November 28. 2005 AGENDA ITEM #4E JANUARY 9, 2006 REGULAR. COMMISSION MEETING Page 15 Commissioner Waters pointed out staff's error in their calculations pertaining to the owner's application and the need to treat all properties uniformly in respect to stormwater retention requirements. Moved by Simmons, seconded by Barrio Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit within the Selva Linkside PUD for a lot located at 1538 Linkside Drive, North (City Manager) Motion: Approve the request for a waiver to the 50% Impervious Surface Area limit, allowing for a maximum ISA of 54% for the lot located at 1538 Linkside Drive. Moved by Simmons, seconded by Borno Commissioner Waters disagreed with swimming pools being considered as a pervious surface and indicated that this was contrary to the perspective of the Saint Johns River Water Management District. He believed that water from this property will run into another person's yard or into the street and. stated that he would not approve this request. Charles Labassi, 1538 Linkside Drive, introduced himself as the applicant and acknowledged that he exceeded the impervious surface area limit. He provided some background information on his neighborhood and his involvement in the Linkside Homeowner's Association. He discussed the - results and effects of the stormwater runoff from his property. Rick Carper, Director of Public Works, displayed a photo of the lot and the Commissioners discussed the permeability and surface area of the applicant's deck, swimming pool, and pavers on the property and their effect on surrounding areas. Mayor Wolfson commented that Atlantic Beach has a very lenient impervious surface area requirement compared with that of other cities and spoke against granting the waiver. The question was called and a roll call vote was taken by City Clerk Bussey. AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBER 14, 2005 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Request for a Waiver from Land Development Regulations Requirement for On- Site Retention for a lot located at 1718 Selve Marina Drive Rick Carper, P.E., Public Works Director October 26, 2005 Land Development Regulations (LDR) Section 24-66(b) requires on- site storage of stormwater runoff "such that there is no increase in the rate or volume of flow to off-site, from evert developed or redeveloped Parcel" (emphasis added). The property owner is requesting a waiverfrom on-site retention requirements by saying the LOR should not be applied to a new home within an already existing subdivision, stating the regulation "applies only to subdivisions and not to individual lots", As noted, Section 24-66(b) specifically applies to both development and redevelopment at the Parcel (lot) level. Although the Selva Marina Subdivision is nearly built out, the lot in question was undeveloped at the time of the permit request. The intent of LDR Section 24-66(b) is to ensure the capacity of existing stormwater collection systems is not exceeded because of the increase in stormwater runoff caused by the increased impervious areas resulting from both development (new construction) and from redevelopment (tear downs) That the property is being built to less than 50% impervious simply means it is complying with another section of the City's LDR (Section 24-104 (f)), unrelated to on-site retention. Public Works approved the Building permit request for property at 1718 Selva Marina Drive on May 27, 2005. At that time, Public Works had conducted several plan reviews with the Builder (Darnel Construction) to obtain a plan for on-site retention that met the spirit of the City's Land Development Regulations Because the lot has natural Type B drainage (splits front and rear), Staff agreed that the portion of the lot draining directly to the lagoon would not be considered in the retention calculations. The front half of the lot drains to Selva Marina Drive, with an existing City catch basin at the curb. This curb inlet is piped directly to Selva Lagoon along Mr. Fitzgerald's northern property line. Combined with flowfrom the inlets immediately across Selva Marine Drive, this 18" pipe carries runoff from approximately 700 linear feet of Selva Marina Drive, over 900 AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBER 14, 2005 feet of Live Oak Lane and 500 feet of the north side of Pafmwood Drive and all the properties adjacent to these roads. As a result of an Administrative oversight, Staff is unable to find the permitted drainage plan and approved on-site retention calculations for this property. Staff requested a copy from the Builder who stated he did not have them either. However, the portion of the lot draining directly to the lagoon was taken into account when the amount of on- site storage required was calculated. RECOMMENDATION. Staff recommends disapproval of the waiver request. LDR Section 24-66(b) gives the Director of Public Works authority to waive on-site retention "if storage is determined to be unnecessary or unattainable". In this case, Staff feels it is both necessary and attainable, and that to grant the waiver would set a dangerous precedent for the City. ATTACHMENTS: 1) Waiver Request from Joseph Fitzgerald, 1718 Selva Marina Drive 2) COAB Land Development Regulations, Section 2466 3} Required retention volume calculation worksheet 4) Site Plan 1718 Selva Marina Drive BUDGET: No budget issues. REVIEWED BY CI `I"Y MANAGE City of Atlantic Beach City Commission Meeting AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #Sll NOVEMBER I4, 2005 Agenda Item.: Request for a waiver for my property (1718 Selva Marina Dr.) regarding Regulation -- Atlantic Beach Zoning, Subdivision and Land Development Regulations, Section 24-66(b). Present Situation: Upon applying for a building permitfor my new home, Mr. Rick Carper, P,E. Public Works Director used section 24-66(b) of the above regulation to calculate the volume of run off and storage requirements for my individual lot at 1718 Selva Marina Dr, The results from the calculation required 3,740 cu. ft. of storage. After discussion with my builder, Mr. Frank Garnet, Mr. Carper reduced the requirement to 2,500 cu. ft. between the house and the road (see attached sheet A). Upon additional discussion with Mr. Gamel, he agreed to a 6" bitrm to be constructed in the front of the property to retain the water. Then the building permit was approved. Waiver Request: 1 request that the Regulation of Atlantic Beach, Subdivision and Land Development, Section 24-66(b) not be applied to my property on 1718 Selva Marina Dr. Reasons: 1 do not believe that an individual lot, within an established community should be required to comply with a regulation that has as its intent to covet a Subdivision and Land Development situation. Selva Marina was developed in the 1960's and constructed the water management system for the subdivision for all the homes at that time, If the present thinking of the requirement for a 25 year and 24 hour rainfall (9.3 inches) has changed since then, applying this regulation to the two remaining properties on the street, which do not have homes on them, (2 homes out of 40 — Sc):Would have a small impact on the water management situation. Certainly, there would not be enough impact to correct the situation if the system is now defined to be unable to handle the situation in its present condition. I don't believe the regulation is being applied to homes which are being rebuilt or under going renovations. Reasoning: The last 40 feet of my property is located in the canal which is used as the INater management system for the subdivision. Therefore, 16 % of the total property is being used for the system presently. (150 ft. +' 250 ft = 37500 sq. ft, & 40 ft, X 150 ft. = 6000 sq. ft.) Also, on the North East corner of the lot, which is in the street, there is a storm water drain which collects the water in to a buried 3 ft. corrugated steel pipe draining under the property into the canal in the rear of the home. 1 feel that 1 am already contributing to the water management of the community. Reasoning (cont.): The front of the property (home to property line is 75 ft X 150 ft.) is 11,250 sq. ft. If the initial calculation of a storage requirement (3,740 cu. ft.) were to AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBEF 14, 2005 apply and the depth were V2 ft. then two thirds of the front yard would be a holding pond. Also, I followed the regulation regarding the tree retention regulations and to follow this water retention approach the trees in the holding pond area would be affected negatively. Summary: The existing regulation, (section 24-66 h) applies only to subdivisions and not to individual lots. Our building plans and specs do not in any way violate the impervious surface area limit of 50% which was established in November of 2001. In addition, the last 40 feet of aur lot is in the canal, part of the existing storm water management system. Therefore we already have a storm water management system on our lot. The fact that Mr. Carper reduced the requirement indicates that he also believes that the resulting calculation is tog much for an individual lot. Mr. Frank Gamel, my construction manager, and an active builder for the last 25 years at the beaches, has also indicated that he has never seen this kind of approach to an individual lot. Section 2.4-46(d) permits the commission to authorize limited waivers on a case by case basis, from specific provisions of the land development regulations when it is dernonstrated that compliance with such provision would be unreasonable; in conflict with the public interest, or a practical impossibility. Regards, Joseph Fitzgerald glee- SPIE ,GZi /1-77777,76, • \y1 1.i----.....7--,-.—.. 2 I i ,..e.. iirnF:+'� 0 AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBER 14, 2005 r- 1 tp A f [ is `L— "Is .. ENTRY Y ) !� pittA➢. F+Cd!J6 5s1va Marina Drive \ DAVE MOvBY i FITZGERALD RESIDENCE 1 f+cir Magi' a H.2.4 FOR 1.4024.4.4.r u„ f rrneek Acadti�mina Lot 5,. Sloo . 5 - Gel va Mar,ro Unit 5 i c ns�acTcf rc�r^a� fere e� �(ho�ve. Erca „TuFea, L$i EnerfCA4,145. v09:4 E 7: mpg TO Rco.I6vhti4i t)dEi066 CLIQS7R0.77)A. ur G15CRMA14 41. DANA: 49 iEfafti. } AGENDA ITEM #4E JANUARY 9, 2006 1718 Selva Marina Drive ■■ O O 0 (11) O O s_ �C4) CCSL O a) O ;Immig tlaO O .Liu— 67; 0- v.- a c 7_o ; ■ _ 0 0 0 0 y -cu- 0 0 a) mmo a) Q 1 0 V > c O .O c0 C c0 AGENDA ITEM #4E JANUARY 9, 2006 co a. U E -0 O c U co O to .O c CCS O. E O E -a U O T) AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #sD NOVEMBER 14.2005 Sec. 24-66. Stormwater, Drainage, Storage and Treatment Requirements. (Emphasis added) (a) Topography and Grading. All Lots and Development sites shall be constructed and graded in such a manner so that the stonnwater drains to the adjacent Street, an existing natural element used to convey stonnwater (See section 22-303; definitions: Stormuvater Management System), or a City drainage structure after meeting on-site storage requirements, as listed within this Section. The City shall be provided with a pre -construction topographical survey prior to the issuance of a Development Permit and a post -construction topographical survey prior to the issuance of a Certificate of Occupancy. Said surveys shall be prepared by a licensed Florida surveyor, and the requirement for either or both surveys may be waived by the Director of Public Works if determined to be unnecessary. (b) On -Site Storage: The Applicant shall be required to provide on-site storage, such that there is no ,increase in the rate or volume of flow to off-site. from every developed or redeveloped Parcel, and provide documentations and calculations to demonstrate connplance. Development Projects previously pennitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance retention or detention system that collects and controls run-off: are exempt. The requirement for on-site storage may be waived by the Director of Public Works if storage is determined to be unnecessary or unattainable. Volume calculations for Lots that require on-site storage should be based on the difference in run-off volume generated by the new impervious area ("delta volume") and would be calculated by: V=CAR/12. where V = volume of storage in cubic feet, A = area of the lot in square feet, R 25 year and 24 hour rainfall depth (9.3 inches) over the lot area, and C run-off coefficient, which is 0.6 for the 50% maximum imperviousness, 0.4 for 25% imperviousness, and 0.2 for 0% imperviousness. This delta volume (post V minus pre V in cubic feet) must he stored at least 1 foot above the wet season water table and below the overflow point to off-site (in many cases this may be the adjacent road elevation). As an option, and as approved by the Director of Public Works, the owner of the parcel to be developed or redeveloped may implement, at the applicant's cost, off-site storage and necessary conveyance to control existing flood stages off-site. (c) Flood Plain Storage: There shall be no net Toss of storage for areas in the 100 -year floodplain, where a floodplain elevation has been defined by either the. Federal Emergency Management Agency (FEMA) on Flood insurance Rate Maps (FIRIvls), the 1995 Stor iwater Master . Plan, the Core City project, or the 2002 Stonnwater Master Plan Update (e,g., Hopkins Creek). Site grading shall create storage on-site to mitigate for filling of volume on-site. This storage is in addition to the storage required for the increase in Impervious Surface Area. AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBER 14, 2005 (d) Stormwater Treatment: Stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the run-off from the first one (1) inch of rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half (1/2) inch of run-off pursuant to Chapter 62.25 Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62.302 of the Florida Administrative Code. This treatment volume can be included as part of the on-site storage requirement in item d (2) of this Section. (e) NPDES Requirements: All construction activities shall be in confoimance with the City's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the Water Management Districtand the Florida Department of Environmental Protection. NPDES requirements include use of Best Management Practices (BMPs) prior to discharge into natural or artificial drainage systems. Beginning May 1, 2003, all construction projects of one acre or more will require a NPDES permit. (1) Enforcement: Subsequent to approval of a property owner's final grading including on-site and/or flood plain storage and stormwater treatment, the improvements shall be maintained by the property owner. Failure to maintain the improvements will require restorationupon notification by the Director of Public Works, within a stipulated time frame. If restoration is not timely completed, the City shall have the right to complete the restoration, and the City's actual cost incurred, together with a charge of 100% of said costs to cover the City's administrative expenses, shall be charged to the owner. AGENDA ITEM #4E JANUARY 9, 2006 AGENDA ITEM #8D NOVEMBER 14, 2005 Runoff Volume Calculations (Ref City of Atlantic Beach Zoning, Subdivision and Land Development Regulations, Section 24-66(b): 1718 Selva Marina Drive Volume calculations for lots that require on-site storage should be based on thedifference in run- off volume generated by the new impervious area ("delta volume") and would be calculated by: V=CAR+12. where = volume of storage in cubic feet, A = area of the lot in square feet, R = 25 year and 24 hour rainfall depth (9.3 inches) over the lot area, and C = run-off coefficient, which is 0,6 for the 50% maximum impervious coverage, 0.4 for 25% impervious coverage, and 0,2 for 0° impervious coverage. This delta volume (post V minus pre V in cubic feet) must be stored at least 1 foot above the wet season water table and below the overflow point to off-site (in many cases this may be the adjacent road elevation). As an option, and as approved o> the Director of Public Works, the owner of the parcel to he developed or redeveloped may implement, at the applicant's cost, off-site storage and necessary conveyance to control existing flood stages off-site. Calculation: 1/2 total lot size due to type B drainage— 38484/2 = 17,424 ft' Predevel.opntent; Runoff Volume = 0:2 (no imperious surface) * 17,424 ft2 9:3 inll2in.ift V= 2700ft' Post development:. Runoff Volume = 0:66 (50°4r impervious surface) * 17,424 ft2 *9.3 in.il2inift V=8102ft3 Delta Volume = 8102 ftp- 2700 113-5402 fta{This is the volume of storage that must be provided for this lot, either on the building she, or with Public Works approval, offsite). Required Docutuentation Include a block or section on the Paving and Drainage Plan showing the requirement and amount of storage provided, (See example below) Stomiwater Storage Requirements Area PercentImpenmtiss Runoff Volume Predevelopment Fr, Fe PostDeveloprnent Ft2 Ft' Storage Volume, Required: . � Ft3 Storage Volume Provided: Ftp AGENDA ITEM #7A JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Delay of second reading of Ordinance 90-06-188 to enact a revision to the definition of Impervious Surface as contained with Section 24-17 of the Land Development Regulations in order to forward the proposed revision to the Community Development Board for review and recommendation as required by Chapter 14 of the City Code. SUBMITTED BY: Sonya Doerr, AICP, Community Development Director 2z. DATE: January 03, 2006 BACKGROUND: At the December 12, 2005 City Commission meeting, an ordinance to revise the definition for Impervious Surface, as contained within Section 24-17 of the Land Development Regulations, was approved upon first reading. Chapter 14 of the City Code requires the CD Board to make recommendations related to changes to Land Development Regulations as such are defined by Florida Statutes (see below) and the COAB Code. While the need to make certain revisions to Chapter 24, including the definition of Impervious Surface has been generally discussed by the CD Board, a foiinal review or recommendation regarding this proposed revision has not been heard by the Community Development Board. Chapter 163.3164, Florida Statutes - Local Government Comprehensive Planning and Land Development Regulation Act; definitions. (23) "Land development regulations" means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land. ARTICLE II. COMMUNITY DEVELOPMENT BOARD Sec. 14-20. Powers and duties. The community development board shall have the power, duty, responsibility and authority to: (4) Recommend to the city commission proposed changes in the land use regulations of the code. BUDGET: No Budget issues. RECOMMENDATION: Motion to refer proposed revision to the definition of Impervious Surface to the Community Development Board for review and recommendation as set forth herein and in accordance with Section 14-20 (4) of the City Code. ATTACHMENTS: None. REVIEWED BY CITY MANAGER: January 09, 2006 regular meeting AGENDA ITEM #7A JANUARY 9, 2006 ORDINANCE NUMBER 90-06-188 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, 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. The Zoning, Subdivision and Land Development Regulations, adopted as Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by modifying Article II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this Ordinance, said definition shall read as set forth below. Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking Lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as Impervious Surfaces because of their ability to retain additional rainwater, The water surface area of swimming pools, along with concrete bulkheads shall be considered impervious. Additionally, however, decking around a pool maybe considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open grid paving systems shall be calculated as fifty percent (50%) Impervious Surface, provided that no barrier to natural percolation of water shall be installed beneath such material. Open grid Pavers must be installed on a sand base. without liner, in order to be considered 50% impervious. Unless otherwise and specifically provided for in these Land Development Regulations, or within another Ordinance establishing specific Impervious Surface Limits for a particular Development Project, the fifty percent (50%) Impervious Surface limit shall be the maximum impervious Surface limit for all new residential development and redevelopment. In such cases where a previously and lawfully developed residential lot exceeds the 50% limit, redevelopment or additions to existing residential development shall not exceed the pre -construction Impervious Surface limit, provided the stormwater and drainage requirements of Section 24-66 are met. Page 1 of 2 Ordinance Number 90-06-188 AGENDA ITEM #7A JANUARY 9, 2006 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 by the City Commission of the City of Atlantic Beach this 12th day of December, 2005. Passed upon final reading and public hearing this 09th day of January, 2006. Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST DONNA BUSSEY City Clerk DONALD M. WOLFSON Mayor and Presiding Officer Page 2 of 2 Ordinance Number 90-06-188 AGENDA ITEM #7B JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ORDINANCE NO. 20-06-74 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. SUBMITTED BY: Nelson Van Liere Finance Director DATE: December 30, 2005 BACKGROUND: The three items being addressed with this ordinance have all been before the commission in previous meetings. This ordinance will provide funding for those items as follows. • $62,000 for ped paths to complete phase one (Garden Lane to Oceanwalk Drive S). • $30,000 for ped paths phase two of Plaza Road. • $60,000 for ped paths to continue phase two (Oceanwalk Drive S. and Oceanforest Dr. North). • $45,000 for an extended Professional Services Agreement with Winter & Company to complete Community Character Standards Design project extending through additional public participation and public hearing process and concluding with adoption of amended Land Development Regulations to implement standards. • $15,000 to create a budget for the tree planting program using tree protection funds. BUDGET: The total impact of this ordinance on the City's combined fund balances is $212,000. RECOMMENDATION: Approve Ordinance No. 20-06-74 ATTACHMENTS: Ordinance No. 20-06-74 REVIEWED BY CITY MANA + t AGENDA ITEM #7B JANUARY 9, 2006 ORDINANCE NO. 20-06-74 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time. 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 2005/2006 Final Budget be amended as follows: General Fund Expenses: Public Works Streets Division Capital Outlay — Improvements 94,000 Planning Depai lucent Contract Services 45,000 Total Expenses: $139,000 Change in Fund Balance <$139,000> Half Cent Discretionary Sales Tax Fund Expenses: - Capital Outlay Capital Outlay — Improvements 58,000 Change in Fund Balance: <58,000> Tree Protection Fund Expenses: Operating Expenses Contract Services 15,000 Change in Fund Balance <15,000> AGENDA ITEM #7B JANUARY 9, 2006 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of January, 2006. Passed by the City Commission on second and final reading this day of January, 2006. Donald M. Wolfson Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney ORDINANCE NO. 20-06-74 Page 2 Donna Bussey City Clerk CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: CITY MANAGER: AGENDA ITEM #8A JANUARY 9, 2006 Approval of Local 630 Blue Collar union contract for the period October 1, 2005 through September 30, 2006. George Foster, Human Resource Manager January 3, 2006 The City and Local 630 Blue Collar union have agreed to the provisions of a new contract to be effective October 1, 2005. The key provisions in the contract are: Art 12.1 - Provides Veterans Day as an additional holiday. Art 20.3 - Increases the employee contribution rate to the pension plan by +1% effective upon the Pension Plan being changed and by +1% beginning September 24, 2006. Art 26. 1 - Provides the same pay increase, effective October 1, 2005 for union members as provided to non-union general employees. Art 26.1 - Provides 50% of the reclassification amount effective October 1, 2005 to employees whose positons have been reclassified and the remainding amount next year. Funds for these changes are currently within the budget. Articles with major changes (Articles, 12, 20, 26, and Exhibit A) are attached. A copy of the complete Union contract is available within the City Clerk's office for review. Added items are in bold underlined with deleted items in bold -strike. That the City Commission approve the Local 630 Blue Collar union contract for the period October 1, 2005 through September 30, 2006. AGENDA ITEM #8A JANUARY 9, 2006 ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day Any day that the City Commission January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November llth 4th Thursday in November Friday after Thanksgiving December 24th December 25th may designate Whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as the holiday. For employees that work a Monday through Friday: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday, with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday, with Christmas Eve observed on the preceding Friday. Whenever Christmas falls on a Monday, Christmas shall be observed on Monday, with Christmas Eve observed on the preceding Friday. For employees that work shifts other than Monday through Friday, Holidays shall be observed on the actual date that they occur. Note: Full Time employees shall be entitled to a maximum of eight (8) hours per holiday (S9 88 hours per year) of holiday leave and/or holiday pay. 1 AGENDA ITEM #8A JANUARY 9, 2006 12.2 Whenever an observed holiday occurs on an employee's scheduled day off, the Employer shall provide the employee with 8 hours of compensatory time at straight time or compensate him at with 8 hours at straight time rate in order to equalize the observed legal holidays in Section 12.1. 12.3 Employees who work on the observed holiday shall receive, in addition to their regular straight time hourly rate of pay, at the Employer's discretion, either one and one-half (11/2) of the employee's regular hourly rate of pay, or one and one-half (11/2) hours of compensatory time hour -for -hour for each hour worked during the declared holiday. 12.4 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the observed holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, paid sick leave substantiated by a doctor's certificate, or other paid absences excused by the appropriate Department Head. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence, layoff, or in a non - pay status on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date the holiday is observed (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours. 12.8 The accrual and pay -out of compensatory time under this Section shall be governed by the provisions of Article 17. 12.9 Those employees who work a holiday, 9 employee shall be paid at time and one-half (1-1/2) for all hours worked on the holiday and paid up to eight (8) hours holiday pay or provided up to eight (8) hours compensatory time for holiday hours not taken off, but in no event shall the employee receive, in either pay or time off, an amount in excess of double time and one-half (2-1/2) for eight (8) holiday 2 AGENDA ITEM #8A JANUARY 9, 2006 hours. 12.10 Temporary employees shall not normally be utilized to perform work on one of the holidays listed in Section 12.1. The Employer may utilize temporary' employees to work the above holidays only after employees performing similar work within the designated bargaining unit have first been given the opportunity to work, and have declined said assignment. 3 AGENDA ITEM #8A JANUARY 9, 2006 ARTICLE 20 INSURANCE AND PENSION 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 three percent 0%) (3%) to three four percent (3-%3 4% of salary and effective September 24, 2006 from four percent (4%) to five percent (5%) of salary. 20.4 Effective, for employees hired on/after April 11, 2005, the pension benefit multiplier is changed from two -point -eight -five percent (2.85%) to two -point -five percent (2.5%) of -salary. AGENDA ITEM #8A JANUARY 9, 2006 ARTICLE 26 WAGES 26.1 (a) Effective October 1, 2064 2005, 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: An employee with less than six (6) months service, as of September 30, 2005, ' shall he have their pay 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. - 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. In addition to the above, employees who have been recommended for reclassification (see Exhibit A), will receive at least fifty percent (50%) of the appropriate pay increase in their pay effective October 1, 2005 and any additional pay adjustment in their pay effective October 1, 2006 provided both pay adjustments do not exceed the difference in the midpoints for the current grade and new grade or the maximum pay for the grade. Reclassification pay adjustments will be made after the above pay increases have been made. 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. Exception: See "Below Requirements" evaluation above. Maximum Pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the grade of the AGENDA ITEM #8A JANUARY 9, 2006 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 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. 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. AGENDA ITEM #8A JANUARY 9, 2006 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 jcb 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: Step 1: Step 2: Gar -cent -Midpoint Current Midpoint - New Midpoint = Decrease Amount New Midpoint Current Pay = New Pay (1 + Decrease Amount) AGENDA ITEM #8A JANUARY 9, 2006 or A decrease to the maximum of the new range, whichever is greater. City Initiated Non -Disciplinary Demotions: Should the demotion be the result of non -disciplinary action (e.g., a reduction in force), the demoted employee shall receive the rate in the lower position classification pay range which provides the smallest possible decrease in pay. Employees demoted for non -disciplinary reasons shall if possible be reassigned to other duties commensurate with his/her qualifications for the position. The Employer will make a reasonable effort to reassign the employee in accord with the provisions of this section. Employee Requested Reassignment (Demotion) to Lower Grade: Step l: Step 2: When an employee requests a voluntary demotion, the salary of the employee will be adjusted in accordance with the formula utilized to calculate the salary decrease associated with a demotion. In no case will the new salary be established below the minimum pay or above the maximum pay for the new grade. The formula used to calculate the salary decrease associated with a employee requested demotion is: Current Midpoint — New Midpoint = Decrease Amount New Midpoint Current Pay = New Pay (1 + Decrease Amount) or A decrease to the maximum of the new range, whichever is greater. 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 AGENDA ITEM #8A JANUARY 9, 2006 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. EXHIBIT A CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE EFFECTIVE 10/01/04 10/01/05 SALARY RANGE - HOURLY GRD MIN MID MAX TITLE 43/14 9.36 11.71 44.06 Gardener 13/14 10.53 13.15 15.78 General Maintenance Worker 13/14 Meter Reader 1-3/14 Painter I - 13/14 Park Attendant Ranger 14 10.22 12.77 15.32 Dispatcher/Public Works 10.53 13.15 15.78 15 11.14 13.92 1-6770 Painter II 11.47 14.34 17.20 Sign/Building Maintenance 16 12.12 15.16 48:20 12.48 15.61 18.75 Heavy Equipment Operator Mechanic Utilities/Collection/Distribution Operator 17 13.21 16.52 19.83 No classifications assigned to this grade 13.61 17.02 20.42 AGENDA ITEM #8A JANUARY 9, 2006 18 14.42 1&02 21.62 Crew Chief 16/18 14.85 18.56 22.27 GIS Technician / Cross Connection Administrator 18/19 14.42 48.02 21.62 Wastewater Operator I (Wastewater "C") 18/19 16.18 20.23 24.29 Wastewater Operator II (Wastewater "B") 19/20 15.71 19.64 23.58 Wastewater/Water Oper. III (Double "C") 19/20 17.00 22.66 28.31 Wastewater/Water Oper. IV ("B"WW, "C"Water) Above may differ from final AS400 computer pay based upon computer rounding program. 1 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: CITY MANAGER: AGENDA ITEM #8B JANUARY 9, 2006 Approval of the Local 630, White Collar union contract for the period October 1, 2005 through September 30, 2006. George Foster, Human Resource Manager January 3, 2006 The City and Local 630 White Collar union have agreed to the provisions of a new contract to be effective October 1, 2005. The key changes in the contract are: Art 12.1 - Provides Veterans Day as an additional holiday. Art 20.3 - Increases the employee contribution rate to the pension plan by +1% effective upon the Pension Plan being changed and by +1%o beginning September 24, 2006. Art 26. 1 - Provides the same pay increase, effective October 1, 2005, for union members as provided to non-union general employees. Art 26.1 - Provides 50% of the reclassification amount effective October 1, 2005 to employees whose positons have been reclassified and the remainding amount next year. Funds for these changes are currently within the budget. Articles with major changes (Articles 12, 20, 26, and Exhibit A) are attached. A copy of the complete Union contract is available within the City Clerk's office for review. Added items are in bold underlined with deleted items in bald--striketh-rough. That the City Commission approve the Local 630, White Collar, union contract for the period October 1, 2005 through September 30, 2006. AGENDA ITEM #8B JANUARY 9, 2006 ARTICLE 12 HOLIDAYS Note: The overtime and holiday provisions of this Article may not apply to exempt employees. Exempt employees shall be provided holidays in accordance with the FLSA and the City's exempt employee policies. 12.1 The following are recognized as holidays under the terms of this Agreement. New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day Any day that the City Commission may designate January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November llth 4th Thursday in November 4th Friday in November December 24th December 25th Whenever a holiday falls on Saturday, it shall be observed on the preceding Friday. When a holiday falls on Sunday, the following Monday will be observed as the holiday For employees that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Friday. Whenever Christmas falls on a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. For employees that work shifts other than Monday through Friday, Holidays shall be observed on the actual date that they occur. NOTE: Full time employees shall be entitled to a maximum of 8 hours per holiday (80 88 hours per year) of holiday leave and/or holiday pay. AGENDA ITEM #8B JANUARY 9, 2006 12.2 Whenever an observed holiday occurs on an employee's scheduled day off, the Employer shall provide the employee with 8 hours of compensatory time at straight time, or compensate him with 8 hours at straight time rate in order to equalize the observed legal holidays in' Section 12.1. 12.3 Nonexempt employees who work on the observed holiday shall receive their normal hourly rate of pay for each hour worked plus, at the Employer's discretion, either one-half (1/2) of the employee's regular hourly rate of pay, or one-half ('h) hour of compensatory time hour -for -hour for each hour worked during the declared holiday. In addition, nonexempt employees shall receive 8 hours of pay or 8 hours of compensatory time for the holiday. Exempt employees shall be compensated for the holiday in accordance with the City's exempt employee pay policies. 12.4 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the observed holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, paid sick leave substantiated by a doctor's certificate (if requested by the supervisor), or other paid absences excused by the appropriate Department Head. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence, layoff, or in a non -pay status on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date the holiday is observed (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours. 12.8 The accrual and pay -out of compensatory time under this Section shall be governed by the provisions of Article 17. AGENDA ITEM #8B JANUARY 9, 2006 ARTICLE 20 INSURANCE AND PENSION 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 three percent () (3%) to three four percent (-3-710-)(4%) of salary and effective September 24, 2006 from four percent (4%) to five percent (5%) of salary. 20.4 Effective 11, 2005; the pension benefit , for employees hired on/after April multiplier is changed from two -point -eight -five percent (2.85%) to two -point -five percent (2.5%). of -salt AGENDA ITEM #8B JANUARY 9, 2006 ARTICLE 26 WAGES 26.1 (a) Effective October 1, 2004 2005, 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: ry An employee with less than six (6) months service, as of September 30, 20051 shall be have their pay 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. - 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. In addition to the above, employees who have been recommended for reclassification (see Exhibit A), will receive at least fifty percent (50%) of the appropriate pay increase in their pay effective October 1, 2005 and any additional pay adjustment in their pay effective October 1, 2006.provided both pay adjustments do not exceed the difference in the midpoints for the current grade and new grade or the maximum pay for the grade. Reclassification pay adjustments will be made after the above pay increases have been made. 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. Exception: See "Below Requirements" evaluation above. Maximum Pay. In no case shall an employee receive a pay increase that would result in the employee's pay exceeding the maximum pay for the grade of the AGENDA ITEM #8B JANUARY 9, 2006 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 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". 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. 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) should receive a salary AGENDA ITEM #8B JANUARY 9, 2006 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: Step l: Step 2: O Current -Midpoint Current Midpoint — New Midpoint = Decrease Amount New Midpoint Current Pay (1 + Decrease Amount) New Pay or A decrease to the maximum of the new range, whichever is greater. City Initiated Non-Disciplianry Demotions: 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 AGENDA ITEM #8B JANUARY 9, 2006 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 provisions of this section. Employee Requested Reassignment (Demotion) to Lower Grade: Step 1: Step 2: When an employee requests a voluntary demotion, the salary of the employee will be adjusted in accordance with the formula utilized to calculate the salary decrease associated with a demotion. In no case will the new salary be established below the minimum pay or above the maximum pay for the new grade. The formula used to calculate the salary decrease associated with a employee requested demotion is: Current Midpoint — New Midpoint = Decrease Amount New Midpoint Current Pay (1 + Decrease Amount) or = New Pay A decrease to the maximum of the new range, whichever is greater. 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 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. EXHIBIT A CITY OF ATLANTIC BEACH JOB CLASSIFICATION/PAYGRADE EFFECTIVE 10/01/2004 10/01/05 GRD MIN MID MAX TITLE 14 10.22 12.77 15.32 Records Management Clerk 10.53 13.15 15.78 12/14 8.60- 10.74 12.89 Customer Service Representative 1-2/14 &60- 10.74 12.89 Police Records Clerk 1-2/14 &60- 10.74 12.89 Property Evidence Records Clerk 12/14 &60- 10.74 12.89 Recreation Leader 13/14 936 11.71 14:06- Accounts Payable Clerk 1-3/14 936 11.71 14.06 Police Records Specialist 1-3/14 936 11.71 14.066 Receptionist / Building Permit Clerk 43%14 936 11.71 14:06 Utility Billing Specialist 15 11.11 13.92 16.70 Secretary (City Clerk) 11.47 14.34 17.20 14/15 10.22 12.77 15.32 Animal Control Officer 14%15 10.22 12.77 15.32 Recreation Coordinator 16 12.12 15.16 18.20 12.48 15.61 18.75 15/16 11.14 13.92 16.70 Emergency Communications Officer 17 13.21 16.52 19.83 Administrative Assistant (Parks/Rec) 13.61 17.02 20.42 Purchasing Agent 18 14.12 18.02 21.62 14.85 18.56 22.27 1-7/18 13.21 16.52 19.83 Code Enforcement Officer 19 15.71 19:64 23.58 Accountant 16.18 20.23 24.29 Computer Network Technician Deputy Building Official 20 1630 22.00 27.49 Public Works Inspector 17.00 22.66 28.31 21 17.98 23.98 29.97 Technical Designer 18.52 24.70 30.87 22 20.14 26.85 33.57 Special Projects Manager 20.74 27.66 34.58 AGENDA ITEM #8B JANUARY 9, 2006 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: AGENDA ITEM #8C JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT Approval of Police union contract for the period October 1, 2005 through September 30, 2006 George Foster, Human Resource Managerii January 3, 2006 The City and Police Union have agreed to the provision of a new contract to be effective October 1, 2005. The key provisions in the contract are: Art 12.1 - Provides Veterans Day as an additional holiday. Art 26.1 - Provides the same pay increase, effective October 1, 2005, for Police union members as provided to non-union general employees. Art 26.1 - Provides 50% of the reclassification amount effective October 1, 2005 to employees whose positons have been reclassified and the remainding amount next year. Art 26.3 - Increases the employee contribution rate to the pension plan by +1.815% effective upon the Pension Plan being changed and by +1% beginning September 24, 2006 and by 1% beginning September 23, 2007. Funds for these changes are currently included within the budget. Articles with major changes (Articles 12, 26, and Exhibit A) are attached. A copy of the complete Union contract is available within the City Clerk's office for review. Added items are in bold underlined with deleted items in bald-strikcthrough. That the City Commission approve the Police Union contract. REVIEWED BY CITY MANAGER: ARTICLE 12 HOLIDAYS 12.1 The following are recognized as holidays under the terms of this agreement: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Any day that the City Commission may designate NO IES: AGENDA ITEM #8C JANUARY 9, 2006 January 1st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1st Monday in September November llth 4th Thursday in November Friday after Thanksgiving December 24th December 25th For union members that work shifts, Holidays shall be observed on the actual date that they occur. For union members that work a Monday through Friday workweek: Whenever Christmas falls on a Saturday, Christmas shall be observed on the preceding Friday with Christmas Eve observed on the preceding Thursday. Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday with Christmas Eve observed on the preceding Friday. Whenever Christmas falls a Monday, Christmas shall be observed on Monday with Christmas Eve observed on the preceding Friday. 12.2 Employees who do not work on the observed holiday shall receive at the discretion of the Public Employee either eight (8) or ten (10) hours pay (corresponding to the employee's shift) at the employee's regular straight time hourly rate of pay or eight (8) or ten (10) hours of compensatory time (corresponding to the employee's shift), at the straight time rate. 12.3 Employees who work on the holiday shall receive, in addition to their regular straight time hourly rate of pay, 1/2 of the employee's regular hourly rate of pay, hour -for -hour for each hour worked during the declared holiday. In addition, such employees shall be AGENDA ITEM #8C JANUARY 9, 2006 credited with eight (8) or ten (10) hours of compensatory time (corresponding to the employee's shift. 12.4 In order to be eligible for holiday pay the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the observed holiday unless the employee is on paid vacation, military leave, paid sick leave substantiated by a doctor's certificate, or other paid absences excused by the Chief of Police. Employees must be expected to return to work in order to receive holiday pay. 12.5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time. 12.6 Employees who are on an unpaid leave of absence or layoff on the day on which such holiday is observed shall not receive pay for the holiday or compensatory time. 12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the holiday (as set forth in Section 12.1) and continue for twenty-four (24) uninterrupted hours. 12.8 The accrual and pay -out of compensatory time under this Section shall be governed by the provisions of Article 17. 4 AGENDA ITEM #8C JANUARY 9, 2006 ARTICLE 26 WAGES 26.1 Effective October 2004 October 1, 2005, the salary ranges within Exhibit "A" for Police Officers have been increased by three percent (3%) over the October 1, 2003 2004 rate and the salary ranges for Sergeants increased by 15.35% over the October 1, 2004 rate with the postion reclassified from Grade 21 to Grade 22. Employees covered by this Agreement on the date contract is approved by the City Commission, shall have their pay adjusted, retroactive to October 1, 2005, as follows: a. Employees with less than six (6) months of service, as of September 30, 2004 2005, will have their pay increased by three percent (3 %). b. Employees with more than 6 months of service of -sec, as of September 30, 2004 2005, will receive a six percent (6%) of the new midpoint for their grade pay increase. cd, New minimums, midpoints, and maximums will be established by increasing previous levels by three percent (3%). Salary adjustments listed in (b) and -(c) above will be made after the three percent (3%) COLA has been applied. In addition to the above, employees who have been recommended for reclassification (see Exhibit A), will receive fifty percent (50%) of the appropriate pay increase effective October 1, 2005 and fifty percent (50%) of the pay adjustment effective October 1, 2006. The initial reclassification pay adjustments will be made after the above pay increase has been made. Minimum Pay: In no case shall an employee's pay be set below the minimum established for the grade of the employee unless the employee receives less than a "Meets Requirements" overall evaluation as indicated below. Maximum pay. An employee's pay shall not exceed the maximum established for their grade. - If an employee does not receive at least a "Meets Requirements" overall evaluation, they shall not receive a pay adjustment and the supervisor may take action to terminate the employee or the employee may be counseled, placed in a 90 -day improvement period, and reevaluated in accordance with the City's performance evaluation program guidelines. AGENDA ITEM #8C JANUARY 9, 2006 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. 26.2 Except as provided herein, original appointment to the classification of Police Officer will be made at the entrance rate of pay. The City Manager may approve initial compensation at a higher rate than the minimum rate. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement. However, a new employee may only be hired at a rate above the entrance rate of pay established for the position if: a. The needs of the City make such hire action necessary and all other employees within the same classification have their base salaries adjusted to be at least equal to that of the newly hired employee, or; b. 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. 26.3 The City shall assume the responsibility for certain pension contributions for bargaining unit members. Beginning with Fiscal Year 1996/1997 (October 1, 1996), the bargaining unit members pension contribution rate shall be reduced from 4.815% to 2.315% of salary. Beginning with Fiscal Year 1997/1998 (October 1, 1997), the bargaining unit members pension contribution rate shall be reduced from 2.315% to 1.000% of salary. . Effective upon approval of changes to the Pension Ordinance, the bargaining unit members' contribution rate shall be changed to two -point -eight -one -five percent (2.815%) of salary. Effective September 24, 2006, the bargaining unit members' contribution rate shall be changed from two -point -eight - one -five percent (2.815%) to three -point -eight -one -five percent (3.815%) and effective September 23, 2007, the bargaining unit members' contribution rate shall be changed from three -point -eight -one -five percent (3.815%) to four -point -eight -one -five percent (4.815%) provided all such contribtuion rate changes comply with State law. 26.4 Any employee covered by this Agreement who is assigned by the Chief of Police to work in the Investigative Division as a detective shall receive pay at a rate ten (10%) percent above the employee's regular hourly rate of pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. In addition, detectives shall receive an annual clothing allowance of six AGENDA ITEM #8C JANUARY 9, 2006 hundred fifty dollars ($650.00) in accordance with Article 23.7. 26.5 Any employee covered by this Agreement who is assigned to the Crime Suppression Unit (CSU) shall receive pay at a rate of five percent (+5%) above their normal pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. In addition, Crime Suppression Unit members shall receive an annual clothing allowance of six hundred fifty dollars ($650.00) in accordance with Article 23.7. 26.6 Any employee covered by this Agreement who is assigned as a Patrol Investigator/Evidence Technician shall receive pay at a rate of five percent (+5%) above their normal pay. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.7 Any employee covered by this Agreement who is required by the Chief of Police or his designee to perform the duties of a Field Training Officer (FTO) shall receive pay at a rate of ten percent (10%) above the employee's regular rate of pay while the employee is actually performing the duties of an FTO. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.8 Any employee covered by this Agreement who is assigned as a member of the Special Weapons and Tactics Team (SWAT) shall receive a rate of pay five percent (+5%) above their normal pay while such officers are performing actual SWAT duties, not including training. Such percentage shall not be added to the base pay but shall be in addition to the base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.9 Any Employee covered by this Agreement who is temporarily required by the Chief of Police or his designee to perform the duties of a Sergeant or Lieutenant shall receive pay at a rate five (5%) percent above the employee's regular rate of pay, provided that no other Sergeant or Lieutenant is on duty and that: a. The duties and responsibilities of the higher classification are assumed in full for a minimum of four (4) uninterrupted hours; and b. The assignment is not for the purpose of on-the-job training. 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 Sergeant or Lieutenant position. Such percentage shall not be added to the base pay but shall be in addition to the AGENDA ITEM #8C JANUARY 9, 2006 base pay and apply to all pay, overtime, compensatory time paid, etc. received by the officer. 26.10 Promotion. Officers promoted to the rank of Sergeant shall receive a salary increase at the time the promotion becomes effective, to at least the minimum of their new pay range or an amount equal to the percentage difference between the current and new grade midpoints (not to exceed 12%), whichever is greater. (a) Calculating a Promotional Increase. Since a promotional increase is granted to recognize the assumption of additional job duties and responsibilities, the size of the increase is calculated as a function of the size of the promotion, rather than as a percentage of current salary. The formula used to calculate the promotional increase is as follows: New Midpoint — Current Midpoint = Promotion Increase Amount (%*) Current Midpoint Or An increase to the minimum of the new pay grade, whichever is greater. * Not to exceed 12% unless required to bring the employee's salary to the minimum of the new pay grade. (b) Anniversary Date. A new anniversary date will be established as the effective date of promotion. (c) Minimum Pay. In no case shall a promoted employee's salary be set below the base salary of the position to which they were promoted. 26.11 Longevity Pay. Employees shall receive an additional twenty- five dollars ($25.00) per month, for each five years served with the City as follows: Years of Service Monthly Starting Thru Payment 0 5 $ 0.00 6 10 $ 25.00 11 15 $ 50.00 16 20 $ 75.00 21 + $ 100.00 Police Pay Agreement Attachment A PAY SCALE Salary Range Hourly Range Title Grd Min Mid Max Min Mid Max Police Officer 19 32,676 10,851 49,046 15.71 19.64 23.58 33,654 42,078 50,523 16.18 20.23 24.29 Sergeant 21 37,398 49,878 62,338 17.98 23.98 29.97 22 43,139 57,532 71,926 20.74 27.66 34.58 Notes: 1. Detective Pay is Police Officer pay +10%. AGENDA ITEM #8C JANUARY 9, 2006 2. Above pay may differ from final AS400 computer generated pay based upon computer rounding program. CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGEND ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: Mayor and City Commission Pay Adjustments George Foster, Human Resource Manager January 3, 2006 AGENDA ITEM #8D JANUARY 9, 2006 In October 2002, Section 2-20 of the City Code (attached) was changed to require annual reviews and adjustment of the Mayor's and Commissioners' salary starting in November 2003 and in October thereafter. Based upon Section 2-20 of the City Code, the salary of the Mayor and Commissoners has been adjusted as follows: EFFECTIVE 10/05 10/04 11/03 09/00 1993 MAYOR $ 10,772 $ 10,464 $ 10,159 $ 10,000 $ 5,000 COMMISSIONER $ 6,556 $ 6,365 $ 6,180 $ 6,000 $ 2,500 Section 2-20 of the City Code requires that salary be adjusted using the "same cities" as included within the prior year's survey. As participation within these surveys is on a voluntary basis, the number of "same cities" is becoming increasingly small and, in my opinion, may no longer be statistically valid. Funds are not required for this action until next fiscal year. 1. Section 2-20 of the City Code 2. CPI -U information Have staff prepare a change to current City Code, effective October 1, 2006, that will annually, in October of each year, adjust the salary of the Mayor and City Commissioners using the June CPI -U for the South Region area for the previous 12 month period. The CPI -U represents the buying habits of about 87% of all urban consumers within the total U.S. population. Pay increases for the Mayor and Commissioners would be limited to the lessor of the CPI -U or to the cost of living adjustment provided to City general employees. MAYOR AND CITY COMMISSIONER PAY ADJUSTMENTS BACKGROUND: AGENDA ITEM #8D JANUARY 9, 2006 In October 2002, Section 2-20 of the City Code was changed to require annual reviews of Commissioner salary. Section 2-20 of the City Code states that: Effective August 1 of each year, the basic salary of the mayor and commissioners shall be reviewed and adjusted to the average salary reflected in the Florida League of Cities Cooperative Salary Survey, Group II, for cities of ten thousand (10,000) to forty-nine thousand, nine hundred ninety-nine (49,999) population, adjusted to delete full time positions and compare only the same cities as included within the prior year's survey. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees, and shall be effective on November 1 in the year 2003, and on October 1 of each year thereafter. Pay adjustments for the Mayor and Commissioners have been as follows: EFFECTIVE MAYOR COMMISSIONER 10/05 10,772 6,556 10/04 10,464 6,365 11/03 10,159 6,180 09/00 10,000 6,000 1993 5,000 2,500 AGENDA ITEM #8D JANUARY 9, 2006 CONSUMER PRICE INDEX (Reference: www.bls.gov/) The Consumer Price Index (CPI) is a measure of the average change in prices over time of goods and services purchased by households. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) the CPI for Urban Wage Earners and Clerical Workers (CPI -W), which covers households of wage earners and clerical workers that comprise approximately 32 percent of the total population and (2) the CPI for All Urban Consumers (CPI -U) and the Chained CPI for All Urban Consumers (C -CPI- U), which cover approximately 87 percent of the total population and include in addition to wage earners and clerical worker households, groups such as professional, managerial, and technical workers, the self- employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPIs are based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and other goods and services that people buy for day-to- day living. Prices are collected in 87 urban areas across the country from about 50,000 housing units and approximately 23,000 retail establishments - department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. Prices of fuels and a few other items are obtained every month in all 87 locations. Prices of most other commodities and services are collected every month in the three largest geographic areas and every other month in other areas. Prices of most goods and services are obtained by personal visits or telephone calls of the Bureau's trained representatives. In calculating the index, price changes for the various items in each location are averaged together with weights, which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. For the CPI -U and CPI -W separate indexes are also published by size of city, by region of the country, for cross -classifications of regions and population -size classes, and for 27 local areas. Area indexes do not measure differences in the level of prices among cities; they only measure the average change in prices for each area since the base period. For the C -CPI -U data are issued only at the national level. It is important to note that the CPI -U and CPI -W are considered final when released, but the C -CPI -U is issued in preliminary form and subject to two annual revisions. The index measures price change from a designed reference date. For the CPI -U and the CPI -W the reference base is 1982-84 equals 100.0. The reference base for the C -CPI -U is December 1999 equals 100. An increase of 16.5 percent from the reference base, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period market basket of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. AGENDA ITEM #8D JANUARY 9, 2006 Regions Defined The states in the four regions shown in Tables 3 and 6 are listed below. The Northeast --Connecticut, Maine, Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode Island, and Vermont. The Midwest --Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The South --Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia. The West --Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. A Note on Seasonally Adjusted and Unadjusted Data Because price data are used for different purposes by different groups, the Bureau of Labor Statistics publishes seasonally adjusted as well as unadjusted changes each month. For analyzing general price trends in the economy, seasonally adjusted changes are usually preferred since they eliminate the effect of changes that normally occur at the same time and in about the same magnitude every year - such as price movements resulting from changing climatic conditions, production cycles, model changeovers, holidays, and sales. The unadjusted data are of primary interest to consumers concerned about the prices they actually pay. Unadjusted data also are used extensively for escalation purposes. Many collective bargaining contract agreements and pension plans, for example, tie compensation changes to the Consumer Price Index unadjusted for seasonal variation. Seasonal factors used in computing the seasonally adjusted indexes are derived by the X-12- ARIMA Seasonal Adjustment Method. Seasonally adjusted indexes and seasonal factors are computed annually. Each year, the last 5 years of seasonally adjusted data are revised. Data from January 2000 through December 2004 were replaced in January 2005. Exceptions to the usual revision schedule were: the updated seasonal data at the end of 1977 replaced data from 1967 through 1977; and, in January 2002, dependently seasonally adjusted series were revised for January 1987 -December 2001 as a result of a change in the aggregation weights for dependently adjusted series. For further information, please see "Aggregation of Dependently Adjusted Seasonally Adjusted Series," in the October 2001 issue of the CPI Detailed Report. The seasonal movement of All items and 54 other aggregations is derived by combining the seasonal movement of 73 selected components. Each year the seasonal status of every series is reevaluated based upon certain statistical criteria. If any of the 73 components change their seasonal adjustment status from seasonally adjusted to not seasonally adjusted, not seasonally AGENDA ITEM #8D JANUARY 9, 2006 adjusted data will be used for the last 5 years, but the seasonally adjusted indexes will be used before that period. Note: 43 of the 73 components are seasonally adjusted for 2005. Seasonally adjusted data, including the All items index levels, are subject to revision for up to five years after their original release. For this reason, BLS advises against the use of these data in escalation agreements. Effective with the calculation of the seasonal factors for 1990, the Bureau of Labor Statistics has used an enhanced seasonal adjustment procedure called Intervention Analysis Seasonal Adjustment for some CPI series. Intervention Analysis Seasonal Adjustment allows for better estimates of seasonally adjusted data. Extreme values and/or sharp movements which might distort the seasonal pattern are estimated and removed from the data prior to calculation of seasonal factors. Beginning with the calculation of seasonal factors for 1996, X-12-ARIMA software was used for Intervention Analysis Seasonal Adjustment. For the fuel oil, utility (piped) gas, motor fuels, and educational books and supplies indexes, this procedure was used to offset the effects that extreme price volatility would otherwise have had on the estimates of seasonally adjusted data for those series. For the Nonalcoholic beverages index, the procedure was used to offset the effects of labor and supply problems for coffee. The procedure was used to account for unusual butter fat supply reductions, changes in milk supply, and large swings in soybean oil inventories affecting the Fats and oils series. For Dairy products, it mitigated the effects of significant changes in milk, butter and cheese production levels. For Fresh vegetable series, the method was used to account for the effects of hurricane -related disruptions. For Electricity, it was used to offset an increase in demand due to warmer than expected weather, increased rates to conserve supplies, and declining natural gas inventories. For new vehicle series, the procedure was used to offset the effects of a model changeover combined with financing incentives. Consumer Price Index data are scheduled for release remainder of 2006: Feb. 22 Mar. 16 Apr. 19 May 17 June 14 July 19 Aug. 16 Sep. 15 Oct. 18 Nov. 16 Dec. 15 Jan. 18, 2007 For additional information on seasonal adjustment in the CPI, please write to the Bureau of Labor Statistics, Division of Consumer Prices and Price Indexes, Washington, DC 20212 or contact Daniel Chow on (202) 691-6968 by e-mail at Chow.Daniel@bls.gov. If you have general questions about the CPI, please call our information staff at (202) 691 - 7000. AGENDA ITEM #8E JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Discussion (at Commissioner's request) related to the lot -division moratorium (adopted by Resolution Number 05-14) and the expansion of that moratorium to address certain Community Character recommendations as contained within the Winter and Company report and to consider these as pending zoning changes. Also, discussion of the requirement to obtain a recommendation from the Community Development Board for amendments to the Land Development Regulations (LDRs) as required by the City Code. SUBMITTED BY: Sonya Doerr, AICP,� Community Development Director DATE: December 30, 2005 BACKGROUND: Several items, which may involve forthcoming amendments to the City's LDRs, (Chapter 24 of the City Code) were discussed at the December 12th Commission meeting. In accordance with Chapters 14 and 24, and in its role as Local Planning Agency, the CD Board must consider amendments and make a recommendation related to changes to Chapter 24. At the direction of the City Commission, the following items and issues will be scheduled for the upcoming January 17th meeting of the CD Board so that recommendations may be forwarded to the Commission at the January 23rd or appropriate meeting of the Commission. 1. Implementation of certain recommendations discussed as part of the City's Community Character project and as proposed within the Winter and Company Report. At the December 12th meeting, expansion of the lot division moratorium to also address certain recommendations from Winter and Company was discussed. The City Attorney and Planning staff express some concern related to expansion of the adopted moratorium to address regulations not yet in place. As a rule, resolutions and ordinances must embrace only one subject, and since the City has not yet adopted regulations to implement recommendations from the Winter and Company report, Staff is unclear as to how expansion of the existing moratorium for this purpose could be drafted and administered. Upon direction from the Commission, other options however, are available to the City to expedite recommendations from the Community Character project. Staff has been asked to consider the following specific items: • Maximum 40% lot coverage by buildings. This would be a different standard than Impervious Surface Area, which addresses all "hard" surfaces. This would limit the amount of a lot that is covered by all buildings. • Linear wall plane length not to exceed 35 -feet in distance without interruption. (Staff will further clarify and refine proposed language for consideration by the CD Board.) January 09, 2006 regular meeting AGENDA ITEM #8E JANUARY 9, 2006 • Floor Area Ratio. A maximum Floor Area Ratio (FAR) of .45 - .49 has been discussed during the Community Character project. Winter and Company continue to test models prepared for the City to determine more precisely what the appropriate FAR and any exceptions may be for the COAB. Staff proposes to draft an ordinance, which will contain a new section to be incorporated into Chapter 24, addressing the above items (and others as the Commission may wish to include) for consideration by the CD Board on January 17th. With direction from the Commission at the upcoming January 09th public meeting, Staff will consider these as pending zoning changes, and review any applications for building permits accordingly. It should also be noted that Chapter 24 currently contains Vested Rights procedures to address any "in- process" projects. As the City continues through the Community Character project with future public participation and implementation of broader recommendations, any needed changes to regulations that may be adopted at this time can be incorporated as part of that process. The following two revisions to the LDRs will also be considered at the January 17th meeting of the Community Development Board. • Creation of a new Single-family Residential Zoning District classification consistent with certain areas of the City, which contain typical lots larger than those required by the RS -1 Zoning District. City GIS staff is preparing a map for the CD Board to review for this proposed new Zoning District, and staff is notifying effected residents by mail of this proposed action. • Proposed Ordinance to amend Section 24-189, eliminating the administrative approval of certain two -lot property divisions to require Commission review and approval of such requests. Pursuant to Commission direction, language provided in the December 12th staff report will be forwarded to the CD Board. BUDGET: No Budget issues. RECOMMENDATION: Motion to direct staff to proceed with preparation of a preliminary draft of Chapter 24 revisions and an implementing ordinance as described herein and forward to the Community Development Board for input, review and recommendation at the January 17th meeting of the CD Board; and also, to consider the proposed revisions described within this staff report as pending zoning changes and hold issuance of Building Permits found not to be in compliance with these revisions pending adoption of an ordinance to enact said revisions. ATTACHMENTS: None. REVIEWED BY CITY MANA January 09, 2006 regular meeting AGENDA ITEM #8F JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Staff Proposal to Remove Sidewalk Along Beach Avenue between 12th & 13th Streets SUBMITTED BY: Rick Carper, Director of Public Works/6-C.- DATE: orks/6-GDATE: December 19, 2005 BACKGROUND: Beach Avenue is a low speed, pedestrian friendly street that currently has sidewalk along only two blocks: 6' to 7th Street (partial) and 12' to 13th Street. Both segments were installed by developers / home owners, mostly with a river rock finish. The segment between 12" to 13' Street is deteriorating and has several segments that are tripping hazards. Residents have indicated that, if repairs are to be made, they desire the city replace the entire sidewalk in kind with a river rock finish. Due to the strong demand for standard concrete mixes, this type of concrete is very hard to get, and is prohibitively expensive, when available. As an alternative, some residents have requested the City remove the sidewalk in its entirety, stating that it doesn't connect to anything. Because of safety concerns, the sidewalk must be either removed or repaired. There are three options: complete removal and sodding (estimated cost -$3000), patching only the hazardous areas (estimated cost <$2000), replacing the entire sidewalk with a city standard concrete sidewalk. (estimated cost $6000). RECOMMENDATION: Authorize Staff to remove the sidewalk along Beach Avenue between 12th & 13th Streets. If removal is not authorized, direct Staff to repair the sidewalk with City standard finish concrete sidewalk. ATTACHMENTS: Location Map. BUDGET: No budget impacts. For informational purposes. REVIEWED BY CITY MANAGER: AGENDA ITEM #8F JANUARY 9, 2006 AGENDA ITEM #8G JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Staff Proposal to Make Richardson Lane a One -Way Street SUBMITTED BY: Rick Carper, Director of Public WorkV . - DATE: December 27, 2005 BACKGROUND: Richardson Lane is a one -block (- 325 foot) twelve -foot wide road running north from Donner Lane to Ardella Road. Since 2003, Beaches Habitat has constructed 10 homes (six single family and two duplexes) along this road. In addition, Ardella Road has had one new home added. Traffic along this road has become a hazard, causing lawn / landscaping damage when vehicles are driven off the paved road to get around parked cars. Staff proposes to make Richardson Lane a one-way street, southbound. This would allow southbound Mayport Road traffic to make a protected u -turn at the Donner Road Tight. All traffic from this area desiring to go south will have to use the Donner Road or Dutton Island Road signalized intersections to make a u -turn or turn onto Mayport Road. Ardella Road will become a right turn in / out as a result of the Mayport Road median construction. RECOMMENDATION: Authorize Staff to conduct informational meetings with Residents to gage feelings about converting Richardson Lane to a One -Way street. ATTACHMENTS: Location Map. BUDGET: No budget impacts. For informational purposes. REVIEWED BY CITY MANAGER: AGENDA ITEM #8G JANUARY 9, 2006 AGENDA ITEM #8G JANUARY 9, 2006 January 10, 2006 TO: Residents on Richardson Lane Residents on Ardella Road Residents on Donner Road from Richardson Lane to Mayport Road FROM: Rick Carper, Public Works Director SUBJECT: Richardson Lane The City is considering changing the traffic flow patterns on Richardson Lane from two-way traffic to a one-way southbound roadway. Richardson Lane is a narrow roadway, and traffic and people parking alongside this road has become a hazard and also contributes to lawn/landscaping damage when vehicles are driven off the road to get around parked cars. Your input on this proposed change is very important to us. We encourage you to submit your comments regarding this proposed change. Please either mail or drop them off at the City's Public Works Department (address above), e-mail your comments to rcarper a,coab.us, or call the Public Works Department at 247-5834. NAME: ADDRESS: PHONE #: COMMENTS: AGENDA ITEM #8H JANUARY 9, 2006 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Park Rules and Enforcement Actions DATE: December 27, 2005 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: As previously reported to the City Commission, some Parks and Recreation Staff members and some Police Officers have had problems with people violating park rules, and then ignoring or being abusive with the responding city employees. As a result, city staff members are requesting specific statutory authority to enforce the park rules and regulations. The recommended actions include: I. Violations of Park Rules: If an offender violates an established, posted park rule, then: First Offense: The violator is officially warned, and the violation is recorded/logged by Parks and Recreation Staff. Juvenile information will be purged after 90 days unless there are subsequent violations. 2nd Offense within 90 days of first offense: If the offender is a juvenile, then Parks and Recreation staff will contact the parents or guardians and contact the Police to complete Trespass After Warning (TAW) form for 30 days. The juvenile information will be purged after 90 days unless there are. subsequent violations. If the offender is an adult, then Parks and Recreation staff will contact the Police to complete Trespass After Warning (TAW) form for 30 days. 3rd and Subsequent Offenses within 90 days of the first offense: If the offender is a juvenile, then Parks and Recreation staff will contact the parents or guardians, and contact Police to complete Trespass After Warning (TAW) form for 365 days. AGENDA ITEM #8H JANUARY 9, 2006 If the offender is an adult, then Parks and Recreation staff will contact the Police to complete Trespass After Warning (TAW) form for 365 days. II. Trespassing Violations will be handled as violations of state law. Juvenile: 1st Offense: A cooperative juvenile will be warned and turned over to a parent/guardian 2nd and subsequent offenses: Juvenile is detained issued a Juvenile Notice to Appear requiring a court appearance Adult: All offenses: If eligible, the adult is arrested and released on Notice To Appear If not eligible for Notice to Appear, then the offender will be booked at the Pre -Trial Detention Facility. III. Authority Need clarification: Members of the Parks and Recreation Department and the Police Department are authorized to: 1. Direct any individual to leave any Atlantic Beach Public Park or any specific area of any Atlantic Beach Public Park, and to complete a Trespass After Warning Notice prohibiting an individual from returning to an Atlantic Beach Public Park or any specific area of an Atlantic Beach Public Park based on the individual's violation of posted park rules, or violations of criminal codes and/or statutes. 2. Close down an Atlantic Beach Public Park or any portion of an Atlantic Beach Public Park due violations of park rules, violations of criminal codes and/or statutes, or due to public safety concerns. IV. Promulgation of Rules and Regulations Suggestions for Rules and Regulations for the Public Parks may be submitted to the Parks and Recreation staff by any citizen or organization expressing such an interest. The suggestions will be reviewed by the Parks and Recreation Staff and Director, and recommendations for approval will be forwarded to the City Manager for review. No rules will be adopted without city manager approval. All new rules will be clearly posted in the applicable parks. AGENDA ITEM #8H JANUARY 9, 2006 BUDGET: The most significant expense in initiating this process the authorization of the city attorney to draft the appropriate language for an ordinance. The expense of updating signs can be absorbed into the existing budget. RECOMMENDATIONS: To authorize the City Attorney to draft an ordinance addressing the concerns reflected in this staff report. ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: AGENDA ITEM #8I JANUARY 9, 2006 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Options for Public Park Security DATE: December 27, 2005 SUBMITTED BY: David E. Thompson, Chief of Police/DPS Timmy Johnson, Parks and Recreation Director BACKGROUND: At the November 14, 2005 City Commission Meeting, staff was directed to provide additional information relative to reasonable options available for addressing security in the public parks, especially Tide Views Preserve. City staff members have researched this matter through a variety of resources including personal interviews and evaluations made on site by a Jacksonville Sheriff's Office Parks Specialist, numerous Crime Prevention Through Environmental Design (CP IED) Publications, and discussions with other Park/Security Specialist around the country. This staff report is intended to provide a list of options, including a brief review of the security mechanisms that are often used for these purposes. We are also providing a list of the police incidents that have occurred in Tide Views Preserve since it opened (see attachment #1). Option #1: Do not make major changes, and continue to utilize existing resources. This is always an option. Option #2: CPTED: Learn and apply Crime Prevention Through Environmental Design principles, and make reasonable modifications to the existing park. This may include adding lighting, adding more public access, encouraging more public use, cutting back foliage, and other modifications to discourage unwanted behavior. Jacksonville has trained their Parks and Recreation Staff in these principles and they coordinate with the Jacksonville Sheriff's Office to evaluate and address each public park. Option #3: Citizen Groups/Volunteers: Encourage the development of groups/volunteers to adopt a park or parks, and to "patrol" the parks frequently and report suspicious behavior to the police. Option #4: Usage: Increase park use: Staff has already engaged in a number of initiatives to increase the park usage, primarily through advertising canoe launches, docks, environmental education, etc. It may be necessary to make additions/modifications, possibly adding vending machines, kiosks, and other amenities, to attract more people to the park. Options #5: Add surveillance equipment/cameras to monitor park activities from remote locations or to record activities in the park. Initially, a pole could be erected and a camera installed in the parking lot area of Tide Views Preserve. Jacksonville is already using cameras in their parks, and we could probably purchase and install a camera for about $5,000. Option #6: Add Parks and Recreation Staff, and assign them to spend more time in the parks, to remain visible, and to discourage inappropriate behavior. AGENDA ITEM #8I JANUARY 9, 2006 Option #7: Add Police staff to specifically spend time in the parks and concentrate on security issues. Option #8: Add fencing around park to restrict access to the park from unauthorized people at inappropriate times. Currently, the park can be easily accessed from numerous directions, even when the park is closed. Option #9: Provide housing for a police officer to live in or adjacent to the park, and provide incentives for officers to live there. There are approximately 34 parks in Jacksonville where police/corrections or other officers reside at a residence in the park. Option #10: Combine any number of these options. These are some of the most common mechanisms for dealing with security problems in public parks. Each option has costs and benefits associate with it. Previously, staff suggested building a house near the park for a police officer to live in (Option #9). This has been a very effective mechanism for crime prevention in public parks throughout the country, and it would probably be very effective at Tide Views Preserve. However, it is also the most expensive and intrusive option. The staff recommendation in this report is to start the implementation of the options that are the least expensive and the least controversial, and to monitor the criminal activity. If these options are effective, then the costs and the disruption to the park area will be minimal. If these options do not produce the desired results, then the more expensive options can be implemented in the future. BUDGET: Options #2 CPTED, #3 Citizen Groups/Volunteers, and #4 Usage can be initiated without additional funding. However, once the specific recommendations for implementation are identified, there may be costs associated with them. Option #5 Surveillance Cameras will require approximately $5,000 for the camera and installation. In addition, there will be costs to erect a "pole" on which to mount the camera. There will also be maintenance costs for the equipment, ongoing costs for removing/replacing the recorded disks, and manpower costs to review the recordings. Initially, we expect the costs to run approximately $7,000 to initiate this option. RECOMMENDATIONS: We recommend implementing Options 2, 3, 4 and 5. After implementation, the criminal activity will be monitored to determine if additional options are necessary. ATTACHMENTS: List of criminal/suspicious activity at fide Views Preserve REVIEWED BY CITY MANAGER: ENDA ITEM NUMBER: Tide Views Preserve Police History Approximate Dates Incident AGENDA ITEM #8I JANUARY 9, 2006 Injury to Random Victim? 2001 Stolen Trees and Landscaping (No 2001 Burglary to Building and Extensive Criminal Mischief No 28 -Mar -01 Armed Robbery (Hooker and John) INo 22 -Apr -02 Repeated Brush Fire in Tide Views Park No Late 2002 Repeated Brush Fire in Tide Views Park No 13 -Nov -02 Arrest of Jeffery Williams for Possession Marijuana and Susp DL No 13 -Nov -02 Traffic Citation Issued No 20-Dec-02ITraffic Citation Issued No 26-Jun-03IStrong Armed Robbery of City Employee Yes 15 -Sep -03 Arrest of Carol Urban for Possession of Open Container No 15 -Sep -03 Arrest of Thomas Ekmann for Possession of Open Container No 10 -Apr -04 Arrest of Diana Deguardia for Possession of Crack Cocaine No 10 -Apr -04 Arrest of Collins Alfred for Possession of Crack Cocaine No 10 -Apr -04 Arrest of Kenneth Lemaster for Possession of Crack Cocaine No Unk 2004 Arrest of Suspect in Domestic Battery Case No 20-Aug-04IArrest of Melanie Batchelor for Active Warrant 1No 27-Aug-04lArrest of Eric Nelson for Drinking in Public INo 22-Sep-04IField Intelligence Report of Suspicious Activity No 3 -Nov -04 Arrest: Michael Roberts for Trespassing After Hours No 3 -Nov -05 Arrest: Tammy Lam for Trespassing After Hours No 2-Mar-051Citation issued No 1 8 -Apr -05 Armed Robbery, Agg Assault, Kidnapping, Sexual Battery (victims arranged to meet suspects during early morning hours re drugs, dogs, and money) No ANMENOMMIk MEMORANDUM AGENDA ITEM #8J JANUARY 9, 2006 FLORIDA LEAGUE OF CITIES, INC. To: Members of Florida League of Cities, Inc. From: John Charles Thomas, Director Legislative & Public Affairs Date: December 6, 2005 Re: Request for Resolution Several years ago the FLC Board of Directors adopted a new initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference. Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. We would then like you to send copies of that resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the House Allan Bense, your House and Senate members and a copy to the Florida League of Cities no later than Friday, February 24, 2006. Also enclosed, is a list of addresses for the Governor, Senate President; Speaker of the House and a House and Senate directory with addresses for your legislators. A Microsoft Word version of this resolution can be on the League's website under Legislative/Advocacy at: www.flcities.com. Should you have any questions or require additional information, please contact Jill Johnson at the Florida League of Cities at (800) 342-8112 email at jjohnson@flcities.com. Thank you for your assistance. Enclosures 301 South Bronough Street, Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 ♦ Suncom 278-5331 • Fax (850) 222-3806 • Web site: www.flcities.com AGENDA ITEM #8J JANUARY 9, 2006 Please send a copy of your City's resolution to the following no later than Friday, February 24, 2006: The Honorable Jeb Bush Governor, State of Florida 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Honorable Tom Lee President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5229 Fax: (850) 487-5844 The Honorable Allan Bense Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-1450 Fax: (850) 487-1456 Your House and Senate. Members see attached directories for mailing information Jilt Johnson, Administrative Assistant Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (800) 342-8112, extension 281 Fax: (850) 222-3806 AGENDA ITEM #8J JANUARY 9, 2006 DRAFT RESOLUTION FOR FLC LEGISLATIVE PRIORITIES A RESOLUTION OF THE CITY OF , URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to the infrastructure, housing stock and employment base from a series of natural disasters in the past two years; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF Section 1. That the City of urges Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive legislative reform package that: • Preserves municipal autonomy and protects the fundamental right of voluntary self-government. • Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters. • Preserves municipal tools for community redevelopment and urban revitalization. • Provides a dedicated and recurring revenue source for municipal transportation projects. • Preserves dedicated funding for local affordable housing programs. • Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances. AGENDA ITEM #8J JANUARY 9, 2006 • Provides a comprehensive and uniform workers' compensation system. Section 2. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Legislature. PASSED AND ADOPTED by the City of , this _th Day of 2006. AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: AGENDA ITEM #8K JANUARY 9, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT New Location Options for Mailboxes Rick Carper, P.E., Director of Public Works January 2, 2006 At the November 14th meeting, after considering several alternatives, the Commission directed the removal of the USPS mailbox formerly located at the 5 Points Intersection. Staff has been requested to research and make recommendations for alternate locations for a mailbox to serve this end of the City. Three possible locations are seen as providing some benefit: the Selva Marina Drive median (sketch 1), and Mandalay Park, north and south ends (sketches 2 & 3). The Post Office Station Manager has stated a willingness to place the box wherever the City requests, but also indicated that if the box is removed from service before deciding on a final disposition, we may not get permission to re -install the mailbox. As a result, Staff has requested the mailbox remain at the Plaza Drive median opening until a final decision is made. RECOMMENDATION: Staff recommends the Commission not designate a new • mailbox location, i.e., not replace the Plaza mailbox. This recommendation primarily reflects the fact that no location chosen will please everyone. Also, when the new Plaza Road access is completed by the Post Office, the need for this mailbox will be reduced. However, if a new location is desired, Staff recommends Option 1 be approved as the location that provides benefits and accessibility to more residents. The larger building setback along Selva Marina Drive will keep vehicles farther away from residences than the current location on Plaza Drive. This location also has minimal cost to the City. ATTACHMENTS: Sketch 1 — Selva Marina Drive Sketch 2 — Mandalay Park — north end Sketch 3 — Mandalay Park — south end Sketch 4 — Mailbox locations city wide BUDGET: This request is not in the budget. Option 1 could be executed for minimal cost. Construction of either Mandalay Park option would require a budget modification once the funding source is identified. REVIEWED BY CITY MANAGER: 0 0 0 x 0 AGENDA ITEM #8K JANUARY 9, 2006 N c O il 0 x 0 co 2 AGENDA ITEM #8K JANUARY 9, 2006 co mi c O i-+ Q. 0 X O co 2 AGENDA ITEM #8K JANUARY 9, 2006 AGENDA ITEM #8K JANUARY 9, 2006 Current Mailbox Locations \ p 71:7 1 VI. :11 ' - II AIN I-1 11 i CT! AGENDA ITEM #9A JANUARY 9, 2006 January 3, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso ity Manager SUBJECT: City Manag: 's Report Replacement of AS -400 Computer; Included in the current budget is $92,000 for the replacement of the city's mainframe IBM AS -400 computer and related software upgrades from HTE (the company that provides the major operating systems for Finance, Human Resources, Utility Billing and other large systems). The existing mainframe system is at capacity and cannot be updated with the newest software versions from HTE. A purchase order has been issued to HTE VAR LLC to replace the AS -400 for $68,845. Although there will be additional charges for upgrades from HTE, the total expenditures are expected to be under the budget when complete. This purchase is exempt from the city purchasing requirements under Code section 2-335(7) which exempts "purchase and contracts for the use or purchase of data processing equipment or data processing systems, software and reproduction equipment." Even though it is exempt from the city's requirements, staff attempted to obtain competitive pricing from other IBM -authorized vendors. It was determined that the purchase from HTE VAR was the lowest price and best choice because of that company's ability to incorporate a number of modifications to the IBM equipment that is required to run HTE software. No other vendor could supply the computer along with the HTE related modifications at a competitive price. No Commission action is needed on this item. This is only reported to make the Commission aware of this purchase. Employee of the Year; LT Henry Bartle of the Police Department has been selected as the City of Atlantic Beach Employee of the Year for 2006. He received numerous nominations from Police Department personnel citing not only his single-handed capture last year of a bank robber, but also for his willingness to tackle any task and the help that he provides to others in the department. A luncheon will be scheduled to celebrate his selection and, according to City policy, he will receive a check for $500 along with two days off, a reserved parking space for one year and an engraved plaque. AGENDA ITEM #9A JANUARY 9, 2006 Emergency Storm Water and Sewer Repair Projects; The following projects are being done on an emergency basis by the city's point repair contractor and are being reported to the City Commission because each is expected cost over $10,000. . • Piping collapse on Royal Palms Drive adjacent to Publix shopping center; A section of storm water pipe has collapsed adjacent to the Publix shopping center on Royal Palms Drive. Replacement of approximately 24 feet of 24 -inch storm sewer pipe will soon be completed at an estimated cost of $19,000. • Royal Palms at Cavalla Road Ditch; One additional problem in the Royal Palms area is a pipe collapse adjacent to Cavalla Road. The pavement is being undermined during every rain storm. This will also be repaired by Gruhn May and the price is estimated to exceed $10,000. • Sewer line adjacent to Colina Court; An emergency purchase order was approved on January 3, 2006, in the amount of $13,000. This amount is for labor and materials to repair a major sewer break on Colina Court that was caused when JEA's contractor, Hinldes & McCoy, hit the sewer main while directional boring to replace underground electric lines. Funds for the repair are available in the Sewer Fund under account number 410-5506-535-3400. The City will invoice Hinkles & McCoy for reimbursement of all costs associated with this sewer repair.