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.
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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.
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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%
,--(
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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
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AGENDA ITEM #4A
JANUARY 9, 2006
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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
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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
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12 References
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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
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AGENDA ITEM #4E
JANUARY 9, 2006
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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:
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Current Mailbox Locations
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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.