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05-11-98 Recommendation: Of the five 5rms the following three received the highest rating and are submitted to you for your consideration: CRA Services, Fifty- one out of a possible seventy Smith and Gillespie, forty-four out of a possible seventy Diversified Engineering Services, forty-three out of a possible seventy Attachmcnts: Committees rating scale PSM and RMP Retina Scale May 6,1998 DRW S & G DEI ERM CRA Municapal Experience 3 9 5 3 9 Qualifications 4 9 4 2 8 Financial 5 0 2 5 7 References 2 10 5 2 6 Instrutual Material 2 8 9 4 4 Scope of Work 2 8 8 4 7 On Site~sit 0 ]0 10 0 10 Total I8 44 43 20 51 Reviewed by City Manager: Agenda Item NO. '` ~.' 7B 5- //- 98 Staff Report Agenda Item: OSHA ,PSM Standard 29 CFR1910.119,(3). Process Safety Management EPA's RMP Rule 4QCFR 68. Risk Management Program Submitted By: Karl W. Grunewald, Safety Officer ~ ~~ May 7, 1998 Background: Process Safety Management (PSM) and Risk Management Plan (RMP) are intended to prevent accidents and minimize the consequences to the pubiic and employees from releases of toxic or flammable substances. The rule apphes to all stationary sources that store or "process" more than a threshold quantity of a regulated substance at anyone time. Chlorine and sulfur dioxide are substances regulated by RMP and used by the City of Atlantic Beach in quantities in excess of 2,500 and 5,000 pounds. Quantities regulated by PSM in excess of 1,500 and 1,000 pounds respectively. The Florida Division of Safety has mandated that the City of Atlantic Beach meet all of the requirements of the above listed OSHA Standards. An RFP was advertised and five firms responded and submitted proposals. CRA Services, Brad Buris, 425 Cheney Highway, Titusville, FI 32780 ERM, Warren Snyder, 4110Southpoint Blvd. Jacksonville, Fl 32216 DEI, Thomas Drygas, 5378 Riverview Dr., St. Augustine, FI 32084 Smith and Gillespie, Douglas Layton, PO Box 53138, Jacksonville, FI 32201 DRW Environmental Services, Wes Capwell, 9951 Atlantic Blvd., Jacksonville, FI 32225 The review committee consisting of Karl W. Grunewald, Safety Officer, Jim Jacques, Assistant Director of Public Works, Claude Mayo, Assistant Fire Chief, Tim Townsend, Atlantic Beach Water and Sewer Supervisor, Harry McNally, Buccaneer Water and Sewer Supervisor reviewed all five proposals. Each firm was rated as to experience, qualifications, financial, references, in structural material provided, scope of work and on site inspection. Each firm was rated in the above catagories on a scale of one to ten, ten being the highest score. The Florida League of Cities provided us with a program that could be adapted to the needs of Atlantic Beach. After a vigerous attempt to write the program , submitting to the Florida Division of Safety it was returned as not meeting the OSHA standard. After consulting with the City of Jacksonville it became obvious that the detail of the program was beyond the scope of staff. Funding: To be included in 1998-1999 Budget ea/21/1999 14:24 E54 ~~ Laerdal "~'- _ hrla'ng SOS! irrts Apri11, 1993 Ma, DorWbr Staff Stak of Florida Division of Purchasia3 e030li:splanade Way Tallahassee, FL 373990950 Dear Mt Stuff: LC.ERDA~_ 1d:CIC4l- CORP PAGE 01 jo , ~ ~~ Apo 6~f~ ~ ~( ~(37~. RE: SNAPS M465639 Laerdal Pledieal Corporation is pleased to submit the attached product information in order to A)ZT:1 the Hewlett Pukard CodeMastet®100 MoaitorlDelibrillatar to I.aerdal Malical's e:istinQ SNAPS contract N4656s9. Eacksed please fmd a deviled price list on the Hewlett Packard CodeMaster OD100 MoaitorlDefibriUatorond defibrillator aecestorlcs, as well as two copies of er;deoce of commere;akty (sales report dated 07/12/93 for the Jean 1997 and 1996) shawin3 the total number of units sold; 2,247 unit k 1997 and dS3 odes in 1996). I,aerdsd Medical Corperat;oa w;U offer both Hewlett Packard CodePilaskr'~ 100 Monitor/Defibrillator mallets al the followio;prices: MODEL uN1T YIUCE MLM2475H 56,785.00 (18% off list price) NLM2475B80 (with Shoch Advisory) 57,037.00 (18% cfl'list price) Saeb CodeMaste]~ 100 Defibrillator/Mon;tor includes the following, accessories: AdultlPedlatric Paddles, fiend ECG Cabk, 6 Dispoubk ECG Clectrodet, "Hands-Fro" Cable, t roll d Recorder Paper, Users Gnide, Quick Reference Guide, Traiaine Videotape, Sp02 Concepts Gaide, Sp02 Sensor Guide, 1 Tobt of Redo: Paste, 2.S Amp-hour N;Cad Hancr J, Standard Five Year Warranty, Carry Case, HeartuaR Hkctrodes (2 pain), CM100-to-Aeartstartlc "HandrFree" Electrode Adapter Cable. la addiuoa, AGL ACCESSORIES FOR THECODEMASTER ~I00 WILL BE DISCOUNTED Ai l3°G OFF LIST PRICE. TYe dircoaated prkia3 for the Hewlen Pukord CodeMUter 100 d~brillator and related aaasories will rasaia is effect until 11!10 3 antithcopt'aa to renew-fer-snot er Jcar will be at the Discretion t>f botb l.aerda! Mtdiot~I C atsoo sad Florida's Division of ParcYasio3. --`-- _ __ ~, for ^ si: tnoatY period btpaainQ on AprU 1,1998 and tadio3 October 1,1998,-I rpontioa is pkascd to (,OWIr$ the previously approved SNAPS pricia3 for ebe I.ae :911 Automatle 6rteroal Defibrillator from S2A93.00 per unit to 32,121.00 oer unit. fsr the HeartstartQC 911 will remain discounted at 13Yr off list price icre4 '.vC cei CO'q:+At'.O^. f of !.'tit :::orrors R~ia. R.O. BOa lda0 v..]G0 rg4B F5~5. r.v 12590-0da0 Tr1•ora+i,31d1297.777C. Fac 1-7i)197.1 /7T-- --_-- -- Cua:cnrr5a•ac•'7^. 0'~:0:-':`.5 C_r]T~~'S+":ice Fac 1902??7-1I:J Dry-0?3d~a5:5 ia~e9 RER~e•rnbnsa•(8~0)6+d-585t k u Y~\~ ~ ~~ fL Worft2l~+iTy --- 4-past ~C 11Q1~,g--2~ r Wc,.f~ enemy - ------ - ~~~~ _ 596- - Sew~'~-Qu~a^^ck.~ -~ss (~d~c~r.~.oae.~ ---- _ - J^T197~ Cq rv ~R QtT ~ ~~_!~C-K1Y-t N v Yk ttm y o F t'4t E _ 1+ wc.u:n+ lu...,-e \k _ t - 8oc~ - (s~48 - ~ t~'S~e t 3'\et .-. r J Heartstart° 911 AED Basic Life Support equipment for the First Responder. The Heartstart 911 incorporates many revolutionary features that make it ideal in First Responder Defibrillation programs or when low frequency of use is expected. Self Diagnostics Easy to Use MEAR1n9R'r911~ :; '' ..: O - +~' "~ ®,~ ~ • Automatic daily self test • Initiates self test when connected to charger • Manual self test on demand • Documents test results Patient Data Management ~" • Dual patient data rnllPrtion - Intemal memory or - MCM Plus' solid-state memory module • Compatible with HeartstartL Database Management System, Heartstart Reporter, Heartstart Ouick Reporterz Charger and Heartstartt 30000R'" for event documentation. • Easy 2 button operation • Easy to read display • Easy to follow voice prompts • Easy to carry (less than 91bs.) 'Charging Systems 1111 ' ^~.~ ~~ s~ • Single or optional Multi-slot Battery Charger (4 or 10 slot) • Optional charging rack for wall or vehicle mounting • Internal/external battery charging • AC or DC (12 volt) charging options • Compatible with all Heartstart 2000/3000 batteries The Heartstart 911 is available in n variety of configurations to meet your needs. La-- I- ~~ Jeffrey Hattem IUISITION FORM Senior PCCOUnt Manager ' -aerdal Med;cal Cap '.67 Myers Corners Road ?O Box lBap Yappingers Falls, N V. 12590 Address: Telephone: Fax: Point of Contact: -~ e~'~' E! a~~ ~.'^ Req.# PO# Date: 4 Z3 r1~ -'Vendor'' Arcount#-1'- Qnty .Unet Descnpkon .' Unrt . Totd1 i. Item # .. :Charged to,_._ '; _. or Price . - .:. Site .~ .` _ 430220 ~ ~ ~ ~ ~ Pe\yc~.. Case, ~~f3~roc,~~sa.3~-~ r loo Requested by: LY S~.>v r ~ ~-- Supervisor approval:C~ i`i ~~,~ Department Head Approval: Comments/Special Instructions: To'rc.\ nc't~? ~ 21 28 80 on 5'~u~e ~r.~cacF 9~N649d951 Ext 379 Customer Servioe~ 90f.Vi3t-1055 Fax: 806r2p7-itA3 **Antieipated Delivery Date ojrequested Items: I N T E R MEMO O F F I C E To: David Thompson, Duector of Public Safety From: Chip Drysdale, Chief of Atlantic Beach Patrol l Subject: Automatic External Defibrillator Date: Apri123, 1998 Attached to this memo is a requisition for the purchase of an automatic external defibrillator (AED). Last year we had the use of a similar device which was on loan from a company that wanted us to test the device in our harsh working environment. Although the loaner was fortunately not used in an actual emergency it is opinion of Lt. John McDaniel (ABP EMS Coordinator) and myself that their is a very justifiable need for an AED on the beach during our summer season. Unfortunately the loaner had to be returned and we have been unsuccessful in getting another AED loaned to us from other manufacturers. According to the American Heart Association, every minute delay in the delivery of a needed shock to the adult in cazdiac azrest can result in a ten percent reduction in survivability. The fire department has an AED, but if you add response time with gaining access to a patient on the beach, you aze reducing a patients survivability chances by up to fifty percent in my estimation. We have had elderly citizens commend us for having an AED available to them while they are on the beach. We were the first north Florida beach patrol service to provide this level of service. The Laerdal Heartstazt 911 AED in on the state contract at an exceptional price. Our budgeted fmancial resources for supplies and equipment is more than adequate to cover this purchase. Please let me know if you require any further information. It is our desire to continue being on the cutting edge of professional lifeguazd service delivery to the citizens. ce: Lt. John McDaniel, Atlantic Beach Patrol 7A 5-~~- y~ / CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA I'T'EM; Automatic External DeSbrillator (AED) Purchase S~MTT'fED BY: David E. Thompson, Director ofPublic Safely DATE: May 4, 1998 BACKGROUND: Please see the attachments. Last year the lifeguards had an AED which was on loan from a manufacturer. The lifeguards were trained on its use, and the AED was carried as a standard part of the lifeguard equipment. At the end of the season, it was returned to the manufacturer. Fortunately, the device was not utilized last year for emergency medical care on the beach. This year the lifeguards do not have an AED. However, they have received a number of comments, especially from senior citizens, that citizens are pleased that the lifeguards have an AED as a part of their equipment. This is because of the number of senior citizens and/or heart patients who walk on the beach regularly for exercise. In the past, there have been a number of incidents on the beach including drownings and heart attacks, where the AED would have been an invaluable tools to have available to lifeguards. Lifeguard Chief Chip Drysdale has recommended using existing lifeguard funding from Operating Supplies to purchase an AED This does not require a budget adjustment, but staff wanted the City Commission's approval before making a capita] expenditure that was not in the original 1997-98 budget. RECOMMENDATIONS: We recommend the City Commission approval for using existing lifeguard funding for the purchase of an AED off of State Contract. ATTACHMENTS: Memo and paperwork from Lifeguard Chief Chi P Drysdale. REVIEWED BY CITY MANAGER: AGENDA ITEM: >. _' " ~, ~ ^~ I ~ ~~ ~ I.. <~ :, ~;~ s 1 f Y' =~. =l -~ '! I ll i ~_.i ~ ,~~ ~ ~ y I ~ ~ _ _ J J' .~ {yy{ y ~ ~ TY~v~ U ~ ~ ~ ~ ~~~ ' a •1 1 j 1 I JAN .1 _ i `~ (. ~ 1 ~~ .1 ' ' ,~ -- ! •1 ~"~ -~ t .1 ~ I y ~• 1 } y l' ~ t I 1 ~~ ~ r 1 ~~ ~' .1 v ~__I ~ .r ~ 1 'i .- I I ~ i /L , ' (~ ~ l 1 ~~ ,~ I I ' 11I 1 ~~ ~, ~i; , _ __ •. ~= s.~w„ „~~ '~ 1Sb3 ~. ,jam`",!V~ •~,M;~c'~ - ...... w~ .~ _ ; i _ ... -~ - s-, ,~` ~~ ~'` 656.331 20NL`fG CODE - 656.332 (2) Public Buildings and Facili- ties-3 (PBF-3 ); s. 656.332. 656.333. (3) Conservation (CSV); s. (4) Planned Unit Development - (PUD); s. 656.340. The aforementioned secondary zoning dis- tricts may be permitted provided that the supple- mental criteria aad standards for same specified in subpart G, Part 3 are met. History.-Ord. 91-59-148, s. 1; Ord. 91-1290-590, s. ;; Ord. 92433-i96, s. 1: Ord. 94-340!.1, s. 3; Ord. 96-540=02, s. 3. 656.332 Public Buildings and Facili- ties Category. This is a broad Land use category that depicts major public use or community ser- S~Pp ~o i; '?296.1 550.331 [11FD USE 656.391 debris landfills or recycling facility only in con- junction with an aforementioned use; provided, however, that such landfills and recycling facili- ties must meet the oerfo~nnance standards and development criteria sec forth in Part 4. (4) Poultry and animal slaughtering and dressing and livestock auction facilities. (5) Rifle, shotgun or pistol shooting ranges, field azchery ranges, golf drivin? ranges and par-three golf courses. or vehicles. matones. lization site. l6) Race tracks for animals (7) Columbariumsandcre- (8) Sludge disposal or uti- (9) Truck stops. (10) Bed and breakfast es- tabli<_hmerts meeting the performance standards and deveto_omenc criteria set forth in Part 4. (11) Churches, including a rectory and similar uses, meeting the perfor- mance standards and development criteria set forth in Part =. (12) Home occupations meet- ing the per."ormance standazds aad development criteria se[ forth in Part 4. !13) Essential services, in- cluding water, sewer, gas, telephone, radio and electric, meeting the performance standazds and develoo_ ment criteria set forth in Part 4. (14) Borrow pits, subject Co the regulations contained in Part 9. (15) Sale and service of alto- holic beverages for on-premises or off-premises consumption in conjunction with a permitted or permissible use. (16i Sawmills. (17i Bait and tackle shops, commercial hunting or 55hing camps. (18) Yard waste composting facility including the mulching process, meeting the performance standards and development cri- teria set forth in Part 4. (19) School buses meeting the performance standards and development cri- teria set forth in Part 4. (20) Rei'ail outlets for live plants,.fresh fruits and vegetables grown on prem- ises, feed, fertilizer and other farm supplies. Re- tail outlets for live plants, fresh fruits and vege- tables shall not be on lots or pazcels having road frontage of less than two hundred feet. (21) Day care centers mee~- ing the pertormance standazds and development r..teria sec far-h in Par =. (d) :6linimum Ict reanirements (width and area) for all uses aze as follows except as may he herein modified herein by specific use performance standards and development criteria. or for residential uses. feet. (1) «idth-One hundred (2) Area-Twoandone-half acres. (e) Mc:imam lot coverage by all buildings. Ten percent. (f) Minimum ycrd requirements. (1) Front-Twenty-five feet. (2) Side-Ten feet, pro- vided, that the combined side yazds shall not be less than twenty-five feet. (3) Reaz-Tea feet. (g) Maximum height ojstnrctares. Thirty-five feet. II. R~blic Building and Facilities-2 (PBF- 2). The permitted uses and structures, accessory uses and structures, permissible uses by excep- tion, minimum lot and yard requirements, and maximum lot coverage and height of 'ouildings and structures shall be as prodded in s. 656.332. B. Secondary zoning distruts. The fol- lowing secondary zoning districts may be permit- ted in the Agriculture Category, as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same. (1) Public Buildings and Fatili- ties-1 (PBF-1); s. 656.332. Sapp ~:o a 2296 656.331 2ONING CODE e5d.331 (6) Essential services, in- cluding water, sewer, gas, telephone, radio and electric, meeting the performance standazds and development criteria set forth in Part 4. (7) Roadside stands only for the sale of agricultural products grown on the premises. (8) Barns, greenhouses, sta- bles and other uses customarily accessory to ag- ricultural, horticultural or forestry activities. (9) Land application of grade I domestic sludge when applied utilizing a splash pan or equivalent device approved by the Director of the Health, Welfare and Bio-Environ- mental Services Department, and when applied pursuant to the requirements of Rule 17-7.540(4), Florida Administrative Code, as may be amended or renumbered from time to time, is considered to be a normal accessory use in conjunction with a permitted farming operation subject to ao more than six dry tons being applied per acre per yeaz. (10) Land application of grade II domestic sludge and mixtures of grade I and grade II domestic sludge, when applied uti- lizing a splash pan or eouivalent device approved by the Director of the health, WelCaze and Bio- Environmental Services Department, and when applied pursuant to the requirements of Rule 17-7.540(5), Florida Administrative Code, as may be amended or renumbered from time to time, is considered to be a normal accessory use in con- junctior. with a permitted farming operation. ?,o- plication races s-Hall be those specified in the permit required under s. 474.103, or those speci- fied L1 P.ule 17-7540(5), Florida Administrative Code, as may be amended or renumbered from time to time, whichever aze less, but in no case more than six drj Cons per acre per year. (11) Animal hospitals, veter- inary clinics, animal boarding places and dog kennels located on an individual and separate lot, provided all yards, area, frontage and other re- quirements of the Zoning Code are met for each structure within the zoning district of which it is a par, and fur farms, provided that no structures for the housing of animals shall be located within two hundred feet of a property line unless in a soundproof building. (1^_` Marinas meeting the siting cri[eris of the Conserration/Coastal ~fan- agement Element. i13) Cemeteries and mauso- leums. (1-) Single-familydwelliags or mobile homes as follows: (i) One dwelling unit (d.u.) per one hundred acres of land for lots of record of six hundred :-orty saes (section) or more in size. Uii Ore d•.ve11i.^.g unit (d.u.) per foe: acres ai land area for lots of record of one hundred sixty acres (one-quaver section) up to but not including six hundred forty acres (section) in size. (iii) One dwelling unit (d.u.) ~e: ten ac: es of land area for lots of record of Tory aces and up to but not exceeding one honored sixty ac: es. (iv) One dwelling unit (d.u.) per two and one-half acres of land for lots of record un_ to but roc including forty acres. (v) Family home- stead partite ons fcr cons[: uction of single-family dwellings or mobile home(s), shall be permitted on a conforming lot for occupation by immediate family member(s). (15) Home occupation meet- ing the per.-ormance standards and developmerc criteria set forth in Part 4. structures. (b) Permitted accessary uses ant (1) See s. 656.403. (2) Temporary housing of farm labor on the premises of agricultural activi- ties requiring this labor. (c) Permissible uses by czception. (1) Radio or television transmitters, antenna and line-of-sight relay de- vices. (2) Airports, airparks, air- scrips and airfields. (3) Class II or Class III san- itar/ land^ils and construction and demolition ~~pp ::o ii 2295 656.321 U.YD CSE 65fi 771 (2I Public Buildings and Facilities-2 (PBF-2); s. 656.33?. (3) Public Buildings and Facilities-3 (PBF-3): s. 656.332. (4) Agriculture fAGR); s. 656.331. (5) Conservation (CSV); s. 656.333. (6) Planned Unit Development (PUD); s. 656.340. The aforementioned secondary zoning, ais- tricta may be permitted, provided that the supple- mental c: iteria snd ;tandars for same specified in subpart G, Part 3 are met. HLtory. Ord. 91-59.1{6, a. 1; Otd. 91-761410. a. 1; Ord. 91-1294590, a. 3. Subpart E. Miscellcneous Cs:egories and Zoning Districts 868.330 Purposes sad intent. This is a broad grouping of several land use categories witich provide for community Cat7lities, utilities, outdoor recreation acrd nonurban activities in• cluding natural preservation. Four plan categories are included in this subpart: Public Buildings acrd Faailities, Recre- ation and Open Space, Agriculture and Comerva- tion. There are no subcategories within any of these land use categories. Esch category permits the primary and secondary uses/activities de- sQibed in this subpart. The rsnge of usa allowed in the various categories vary widely from nature preserve and farm lands to power plants, air• ports and waste management Cadlities. Many uses permitted in various land use categories in sub• part E are also allowed as secondary ar supporting uses in land use categories described in subparts B, C and D oC thin Part 3. Not all potential uses are permissible any- where in the area designated for a land use cate- gorydepicted on the Future Land Use Maps of the Comprehensive Plan. The enact type oC land use acrd the density or intensity appropriate at any one location will be determined using the criteria and etaadarde in this chapter and the Compre- hensive Plan. HLtor7.-Ord 9159-1{8. a. 1. 868.531 Agricaltm-e. The primary activ- ities allowed in this category are agriculture acrd related uses. Resource-based activities allowed in this category are agriculture and related uses that do not attract spin-o(T urban development or may not be a desirable activity in the urbanized area because oC external impacts on adjacent lands are also allowed. Full urban services and facilities will not be provided by the city and are not required for Lhe other uses in the Agriculture Land Use Category. The following primary and secondary zoning districts may be considered in the Agricul- ture Category depicted on the Future Land Use Maps aC the Comprehensive Plan. A. Primary zoning districts. The pri- mary zoning distzirs shall include the following (1) Agriculture (AGR); s. 656.331. (2) Public Buildings- and Fadlities-2 (PBF-2); s. 656.332. These districs allow agriculture and re- lated uses such as fa-wing, horticulture, foresc:y and logging, storage, processing and wholesale ais- t.^ibution of farm supplies and products and re- source dependent uses such ee conservation, rec- reation, and mining and single-family homes, mobile homes and supporting public facilities. Nat- ural conservation areas are also permitted. I. Agrieultun (AGR) Dutriet. (a) Permitted tuu and atructuru. (1) Agricultural, horticul- tural and forestry uses, including the keeping and raising oC farm animals and poultry, if structures for animals and poultry are not located within twenty-five Ceet of s property line and if gvau, sheep or swine are not kept or permitted within two hundred feet of a property line. (2) Dude ranches, riding academies, or boarding stables, if structures for the housing of animals are not located within one hundred Ceet oC a property line, private camps, country clubs, golf courses, parks, camping grounds and recreational areas and travel trailer parks. (3) Game preserves, wild- life management areas, fish hatcheries and ref- uges. 14) Bird sanctuaries meeting the performance standards and develop- ment Qiteria set forth in Part 4. (5) Watersheds, water res- ervoirs, control structures and we1L5. Supp. Yo.3 2294 666.32 ZONING CODE 656.32 delivered by ship and railroad or by ship and truck in combination. 16) Military installations, other than residential. (7) Heliports. (8) Radio, television and telephone transmission and relay stations and towers. (9) Hiring halls and other places of assembly for registration Cor or assign- ment oC employment primarily related to uses within the aistric:. (10) Uses which are airec:ly related to por'. activities such as: (i) Freight, truck- ing, shipping or other transportation terminals. (ii) Distributidn cen- ters. Packaging and eating operations. (iiii Offices. (iv) Warehousing and storage, including open storage but not bulls storage of Rammable iiquida. (v) Manufacturing and processing. (vi) Service activities such as commercial parking ]ote or garages. rea- tauzanta (including drive-in or drive-thru rntau- ranta), including the retail sales and service of beer and wine in rar;junction with the service oC food which is ordersd from a menu, prepared and carved for pay for consumption on premises, and clinics in connection with industrial activities. (vii) Saapprvoeesing, indoor, dean, meeting the performance standards and development criteria set Corth in Part 4. (viii) Bulk storage oC flammable liquids, but not refuting or processing. (11) Dredge disposal (121 Essential services, in- cluding water, sewer, gas. telephone, radio and electric, meeting the performance standards and development citetie set forth in Part 4. (b) Permitted aoresaory uses. (1) See e. 656.d03. (2) Residential Cacilities (including not mare than one mobile home) lo- sated on the same premises m an industrial use for the use of watchmen or caretakers whose em- ployment requires residence on the premices. tc) Permissible axes by exception. (1! A commercial or indus~ trial use that can be demonstrated to be directly related to por: ac:ivities, including retail sale and service of alcoholic beverages for either on• premises consumption or oR•premises consump- tion, or both, not otherwise provided for. l2) Outdoor storage oC scrap or processed scrap generated through scrap processing. 13) Utility plants. (4) Water-related recre- ation facilities. (5) Marinas and fish camps. (6) Travel trailer parks meeting the performance standards and develoo- ment criteria of Part 4. (7) Churches, incluaing a rectory and similar uses, meeting the performance standards and development citeria sat forth in Part 4. (8) Essential services, in- cluding water, sewer, gas, telephone, radio and electric, meeting the performance standards and development Qiteria set forth in Part 4. (d) Minimum !ol requirements fmidth and area). None. (e) Minimum !ot coaerage by all building. None. (f) Minimum yard requirements. None. (g) Masimwn height ojstructrcres. None. (h) Limitations on permitted or permissible uses by aceptton. All oC the permitted and permissible uses by exception in the IW Dis- trio are subject to the provision that noise levels from an activity shall not ezceed seventy-five dbA at a point where the lot adjoins a commerdal dis- trict and sixty-live dhA at a point where the dis- trio adjoins a residential district. B. Sernndary zoning districts. The Col- lowing secondary zoning districts maybe per- mitted in the Water Dependent-Water Related Category as depicted on the Future Lend Use Map series of the Comprehensive Plan, subject to the district regulations for same. (1) Public Buildings and Facilities•1 (PBF-1); s. 656.332. ~vv. xa. 3 2293 656.44 ZONING CODE though they may not require deep water access. All the uses permitted in these districts are de- scribed below:' i. Industrial Woter (1'S8) District. (al Permitted uses and structures. (1) Piers, docks and wharves. (2) Terminals Cor freight or passengers arriving or departing by ship. (3) Facilities Cor mnstruc• tion, maintenance and repair oC vesxls. (+) Ship supply establish- ments and facilities. (5) Wholesale and retail es- tablishments dealing primarily in bulk materials Suvv. No.7 2292.1 HLHf~ J tf`!'~tN H T l 'r GJ..l h'lJc f'1Hi ~7b ' yC 1 ~3 ittr. o. i99b Z:BC:M dC "LA SLa~unnl, rLnnnin^ ~wn~f. .~.. u~c~ .. c _~ Northeast Florida Regional Planning Council Baiter • Clay • Duval • Ftagkr • Nassau • Putnam • 8C Johns 9143 PMlipa tlrpmway. Suite 050. Jaekaonvae, Florida 3rtse (gp4~!{3-A350 FAk (804) 309a~ 8uneom 87441960 SunCOm FAX e74.136d Web wile: rrww.nsfrpe.or8 E•nrell: t-eftpc®neirpo•or8 ~.~ - - May s,199a Mr- A1aa Jensen City Attorney Atlantic Heach 800 Seadaole Raed Atlantic beech, Fi. 32233 RE: CB Universal DRUlaad Use Dent Mr. Jensen: The question hss been raised mgatdiag the City of Atlantic Bosch procedntea for adoption of the ptvposed CS Universal DRI in mlationahip to as amendment to the C5ry's Comprehonsive Platt and the zoning of the proporry on which the DRI is proposed. pursuant to Paragraph 171.062(2) F.S. an turn annexed into a municipality will retain the load rue sad zoning regulatloas until the aouticipallry adopts + comptrLensive plan amendment that includes that annexed area. Also. Ch. 380.06, plorida Statues, rtgttires a proposed DRl to be coaeiateat with dte adopted eompr:bertdve plan of the local Sovemment. The City of Atlantic &aeh has not as of yet atnmdcd their cozstprehenslve plan to include Johnston Lland, which wen recently annexed. Therefore, the City can act oa the DRI Daveiopttteat Order Daly if the development is consistent aitlt the Gry of Jackcoavillc adopted eOmprehcasive pLn sad Land Development ReguLtioas. However. Peragraph 171.062(2) F.S. preehtdes the dry from rezoning the 7ohnstoa Jataad site tmtll it 1s amended into the City's wmprehettsivs piss. This has been confuated with the Departmcat of Comamniry Affiir:. I urtderatand this is o0atraty, as it rslatos W the City's ability to tezoae the sire. to the information we received from the DCA two weelo ago. if you have say further questions regarding this matirc, please feel free to eontact me a< (904) 363- 6357 ext. 133. If you would like the Atttuney'e at DCA which can Wo respond to say tprestions oa this matter ace Andrew t.,taysoa or Roes Btanamun who can be garbed at (550) 488-0410. Sin c rown Direetor of Flaming MB/ rwr~ •~ W f•.r a..r~e.~ww. 1) NEFRPC letter dated May 5, 1998 2) City of Jacksonville Zoning regulations 3) Portion of City of Jacksonville Zoning Map REVIEWED BY CITY MANAGER: ~~ AGENDA ITEM NO. ro C'~~ 5- 11-98 STAFF REPORT " AGENDA ITEM: Ordinance 90-98-165 establishing zoning districts in annexed area SUBMITTED BY: George Worley II, Community Development Duector ~y CC/-W DATE: May 7, 1998 BACKGROUND: Several times during the past six months Staff and the City Attorney have addressed questions to the Department of Community Affairs and to the Northeast Florida Regional Planning Council regarding the order of adoption of caning map amendments and Comprehensive Plan Future Land Use Map amendments relating to the area annexed into the City. We have been consistently advised that the order was not an issue as long as both steps are taken. Staff proceeded with the amendment of the Zoning Map because it is the implementation regulation. The Community Development Board held a special meeting May 5, 1998 to complete their review of Ordinance 90-98-165 and to prepare a recommendation to the City Commission. The Board discussed the merits and liabilities of the proposed ~G, Commercial General zoning for the radio station and Johnston Island properties. Of particular concern was the potential adverse impacts of some of the pemiltted uses available under the CG zoning district. Discussion followed regazding the future development of these properties through the Planned Unit Development process provided for in the Zoning Code. By a vote of 5 to I, the Board recommended that the language of Ordinance 90-98-165 be amended to remove reference to CG, Commercial General and that entire area annexed into Atlantic Beach be zoned OR, Open Rural (Section 24-103 of the Code of Ordinances). We have now been advised by the Department of Community Affa'vs, through Regional Planning Council that what they have told us was incorrect. Attached is a copy of a letter dated May 5, 1998 from the Regional Planning Council advising us that the Future Land Use Map amendment must occur prior to the Zoning Map amendment. They have further advised that the City can act upon the application for DRI only if the development is consistent with the comprehensive plan and zoning regulations of the City of Jacksonville. Staff is very concerned with the abrupt change in the process and the criteria by which the City Commission must review this complicated issue. The land use designation and zoning criteria from the City of Jacksonville have been attached for your review. Staff will be available to answer any questions regazding this issue prior to and during the scheduled May 11, 1998 Commission Meeting. ATTACHMENTS: during the fiscal yeaz. This combination has increased the amount of holiday pay for the 1997-98 fiscal year, but its long term effect will be to pay the firefighters on a timely basis consistent with the bargaining wntract, and it will ultimately reduce holiday costs in the future. Due to the overlap in holiday pay earned before this fiscal year, and the holiday pay earned during this year, the result has been an increase in the 1997-98 budget of approximately $20,000. Total Adjustment Request Although there aze occasionally minor adjustments that can be made in the budget to cover unanticipated expenses, this amount exceeds that capability. This combination of overtime and holiday expenses amounts to approximately $55,000. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Fire Department Mid-Y~e~a~r Budget Adjustments SUBMITTED BY: David E. Thompson, rISi ector f is Safety John Ruley, Fire Chief ~~~~ DATE: May 5, 1998 BACKGROUND: The Fire Department has several funds that are over-budget for 1997-98. Each one is noted and explained below: Overtime: The Administration has very limited control over the use of overtime in the Fire Department. This is largely a result of the compensatory time that is accumulated each pay period which is established by the bargaining contract, and the lack of regulatory authority over this time as per the Fair Labor Standards Act. This combination of factors allows a firefighter to accumulate nine (9) hours of comp time every pay period for a total of eighteen (18) hours per 28 days, and the firefighter has the right to take this time off at his discretion with very little regulation. The City is prohibited from denying the time off due to overtime. This allows firefighters to take time off so that other firefighters can benefit from the overtime that is created from the time off. If we maintain our existing minimum staffing levels, then we must authorize overtime for all of these leaves of absence. The result is an increase in overtime. Since the overtime budget already exceeds the budgeted amount, and we anticipate that there will be wntinuing overtime during the fiscal year, the Fire Department estimates that an additional $35,000 will be necessary to cover the expenses. Holidays: In the past, the firefighters have been allowed to accumulate holiday pay until December each year. The entire amount has been paid in December covering the holidays for the entire previous calendar yeaz. This practice has allowed firefighters to eam the holiday pay based on their most current, December pay level rather than utilizing their pay scales at the time the hours were eamed. This practice has increased their compensation for their holiday hours. This year, an administrative change has resulted in the payment of the holiday pay during the pay period that it was earned. In other words, they receive their holiday pay with their biweekly pay check. This has had an impact on the budget. In December 1997, the City paid for holidays that had been earned from December 15, 1996 through December 15, 1997. This amounted to more than $22,000 at that time. For 1997-98, the City has been paying for the holidays as they occur 800 SF,MINOLE R0.4D ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHO\E (9041 247-5800 FAX (9041 247-5605 SUNC011 852-5800 MEMORANDUM May 6, 1998 To: Jim Jarboe, City Manager From: Don C. Ford Re: Budget Adjustment I am requesting a budget adjustment to account number001-1008-5243100 for $10,000 to allow additional funding for a contract inspector for the rest of the fiscal year. We have incurced unforseen cost due to the Beach Avenue sewer and water project. We have estimated impact fees, permitted and inspected all new connections within this project. We will be spending more time on this project through the rest of the year. There are an estimated 180 houses still on septic tank and 153 houses still on water wells. In addition the department is performing over 2600 building, electrical, plumbing, mechanical, gas, and business license inspections per year. We are reviewing an average of 210 sets of plans per year. We inspect all city buildings yearly for maintenance lists to department treads. There are two large projects expected to be permitted soon. One is a 4 million motel on Mayport Road and the other is a total face lift of the Atlantic Village Stropping Center. These projects will show a projected increase of approximately 25% over last years total permitted property valuation. DCF/pah FLEET MAINTENANCE Revenues: Charges for Services -noncontract work Expenditures: $40,000 Operating Expenses -expenses related to "non-contract" work $40,000 To create a budget for a cost estimate for 540,000 of "non-contract" work to be done by Ryder Managed Logistics Systems per authorization of contract manager. These repairs are of a unique nature and are covered in the maintenance contract as pass through expenses charged to the departments. An example would be if Ryder subcontracted a vehicle to a body shop for accident repairs, the body shop would bill Ryder and Ryder would then bill us as a pass through at cost. This allows the City to capture the true cost of maintaining the fleet all in one place. The "contract" work is routine maintenance of the fleet. The contract amount is 5169,686. Revenues: PENSION FUND Transfer from General Fund -General fund is to pay for administration of pension $17,000 Expenditures: Operating Expenses -addition of estimated pension attomey expenses to the budget $17,000 The transfer of S17,000 to the Pension Fund from the General Fund is to cover the estimated services of the pension attorney not originally budgeted for rewriting the Pension Plan to comply with State and Federal laws. Adopted by the City Commission this 11 m day of May, 1998. Approved as to form and cortectness: Alan C. Jensen, Esquire Ciry Attorney ATTEST: Suzanne Shaughnessy Mayor /Presiding Officer Maureen King, CMC City Clerk WATERFRONTS FLORIDA PARTNERSHIP GRANT FUND Revenues: Grant Proceeds -Waterfronts Florida Partnership -funds received for Mayport project. $10,000 Expeuditures: Operating Expenses -rehabilitation of building Waterfront Florida Partnership Grant Fund is created to allow the spending of a $10,000 grant received by the 1,000 Friends of Florida, Inc., the subgrant recipient which has then been srbcontracted to The Mayport Waterfront Partnership /City of Atlantic Beach to perform the obligations of the grant. This project is to refurbish a building for a meeting place for the Mayport Waterfront Partnership and to provide an information center. Reveuues: STORMWATER UTILITY FUND $10,000 Stornwater Fees -revised projection based on year to date collections $5,000 Interest Earnings -revised projection $5,000 WATER AND SEWER BOND CONSTRUCTION Reveuues: Interest Earnings -revised projection Expeuses: $100,000 Capital Outlay -revised budget for funds carried forward from previous year $170,693 Interest earnings estimates need to be adjusted by adding 5100,000 due to the higher than anticipated cash balances caused by the spending of the funds progressing slower than projected. The funds available for capital expenditures need to be adjusted by adding 5170,693. Projects with any un-appropriated funds are being moved to the contingent reserve for reallocation. Project budgets are different in that they cross years. This then requires periodic updates to projected available funds as those funds continue to be spent and continue to earn interest. The Capital Project monthly update includes a listing of the status of the remaining funds. This report will include the added funds. Eapeuditures: Operating Expenses -purchase and installation of trees To create a budget to track funds collected and spent on tree replacement generated by (Ord. No. 95-95-64), which specifies the establishment of a tree fund. This modification moves the funds previously collected of 511,205 and estimates a small amount of collections for the rema+nder of the year of 55,000. Together, these funds would provide $16,205 available for the planting of trees. LOCAL LAW ENFORCEMENT BLOCK GRANT FUND Reveuues: Grant Proceeds -Federal Funds Transfer from the Law Enforcement Trust Fund Eapeuditures: $16,205 $10,000 $10,000 Capital Outlay -Information Management Enhancements $20,000 To establish a budget for the $10,000 federal grant awarded the Police Department and approved on March 20, 1998 for the purchase of new reporting software. Total estimate for the project is 520,000 with the difference to be funded from a match of SI0,000 transferred from the Law Enforcement Trust Fund -contraband forfeiture seizures monies. LAW ENFORCEMENT TRUST FUND Reveuues: Fines and Forfeitures Confiscations -funds already collected Interest Earnings -revised projection Eapeuditures: $15,000 51,500 Transfer to Local Law Enforcement Block Grant Fund -grant match 510,000 To revise the budget for funds already collected from fines and forfeitures of 515,000 and to revise the estimate for interest earnings by adding 51,500. To transfer funds to the Local Law Enforcement Block Grant Fund to provide a match to have enough funds for the Information Management Enhancements of estimated S20,000. Excess funds will remain the trust until appropriated for law enforcement expenditures. Capital -adjust to approved contract < $136,652> Aid to Others -adjust to approved contract $69,926 DEBT SERVICE FUND Reveuues: Interest Earnings -revised projection $1,500 CAPITAL IMPROVEMENT FUND Revenues: Grant Proceeds -Florida Communities Trust Grant pass through entry $283,913 Interest Earnings -revised projection $15,000 E:peuditures: Recreation Land -Dutton Island -post closing cosu for City portion of title ana survey $6,344 Land -Grant funded portion, (Florida Community Trust) $283,913 To create a budget for interest earnings of S15,000. Adjust the land budget for the "Post-Closing" costs for the Atlantic Beach portion of the survey and title insurance for the final costs associated with the purchase of Dutton Island of $6,344. Create a budge[ for the Florida Communities Trust Grant which contributed $283,913 directly to the purchase of Dutton Island on the City's behalf and to record the cost of the land paid for directly with grant proceeds to enable the City to capture the total purchase cost as an asset on the City's records EARTH FEST TRUST FUND Revenues: Donations: segregated account for special event $600 Expenditures: Operating Expenses -expenses of Earth Fest $6~ To create a revenue and expense budget for the approved account to facilitate the expenditures related to this special event of 5600. TREE REPLACEMENT FUND Revenues: Transfer from General Fund - to segregate funds collected to date $11 SOS Contributions and Donations from private sources $5,000 Capital Outlay -budget donated funds for Selva Mazina $2,047 Citizen donations of S2,047 have been collected to help fund the Selva Marina beautification project. This amount is reflected in both revenues and in the expenses of the Beautification Division of Public Works. Fire Department Personal Services -special pays and overtime $55,000 Motor Vehicles -Record expense of purchased vehicle in fire truck trade $3,000 The special pays for the Fire Control Division need to be adjusted for the holiday payout which was not budgeted for of about S20,000. M administrative change in the way holidays are paid meant that all of the holidays for last year were paid in lump sum this year pursuant to the old policy and the current year's holidays are being paid as they occur which is the new policy. This effectively means that twice the number of holidays are being paid for this budget year. Next year, the holiday pay will be caughi up and the budget will be far the normal number of holidays. See attached Memo. The overtime budget for Fire Control Division needs to be revised based on current usage to be sufficient to last the rest of the year by adding $35,000. The current contract makes it difficult to administer the overtime budget. See attached Memo. The Motor Vehicle expense budget of $3,000 is to account for the vehicle received in the trade for the fire pumper. CONVENTION DEVELOPMENT TAX FUND Reveuues: Interest Earnings -revised projection $5,000 LOCAL OPTION GAS TAX Reveuues: Interest Earnings -revised projection $30,000 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: Grant Proceeds -adjusted to final approved contract < $45,127> Expenditures: Personal Services -adjust to approved contract < $5,750> Operating Expenses -adjust to approved contract $8,688 RESOLUTION NO. 98 - 20 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 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 RESOLVED by the City Commission of the City of Atlantic Beach, that the following Budget Modification be approved for the 1997-1998 Operating Budget. GENERAL FUND Revenues: Donations - Selva Marina share-cost beautification project funds collected $2,047 Sale of Surplus Property -Fire Truck $25,000 The Public Safety Department has sold a fire pumper for $22,000 plus a vehicle worth $3,000, this modification includes creating a budget for this transaction. Expenditures: Noo -Departmental Transfer to Tree Protection Fund - establish a budget $11,205 Transfer to Pension Fund - create a budget for pension attorney $17,000 Transfer of $17,000 to the Pension Fund to cover estimated services of the pension attorney were not originally budgeted. These funds are being utilized to rewrite the Pension Plan to comply with State and Federal laws Building Department Operating Expenses -code inspections and related expenses high volume $10,000 Higher than expected number of building inspections performed by an outside contractor and other related operating expenditures have depleted the budget year to date. Funds aze needed to continue this level of service to the end of the year in the amount of 510,000. See attached Memo. Public Works Department Beautification 5A 5-//-9~ CITY OF o'~tl4zKtlc ~cac! - ~la~cicla 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE 1904) 247-5800 FAX (9041247-5805 SUNCOM 852-5800 MEMORANDUM Date: May 6, 1998 To: Jim Jarboe, City Manager From: Nelson Vaa Liere, Finance Director Subject: Mid Year Budget Modifications Resolution No. 98-20 Attached is the Mid Year budget modification which includes adjustments to various City accounts for the 199?-1998 Annual Budget along with a brief description. These adjustments are the result of an analysis of all funds done as of the mid point in the year. Adjusting these budgets to better reflect the actual results of operations now will aid us in projecting cash flows for the upcoming budget process. Also attached are two staff memos which highlight the adjustment in the General Fund for the Building Department and for the Fire Department. Please let me know if there is any other information you need regarding these adjustments. SPATE OF FLORIDA DE4ARTMIXr OF TRANSPORTATION A4AINTENANCE CONTRACT RENEWAL FoRRIat rTS026p NADRk71ANCE OGC-1191 Cotttract No.: B-Bt 17 State Job No(s).: 729069300 (FIN Project N214556172641 WPI No(s).: _ 2610516 County(ies): Duval Renewal: First x Second This Agreement made and entered into this day of , 19 , by and between the State of Florida Department of Transportation, hereinafer called 'Department', and City of Atlantic Beach of 1200 Sandnicer Cane- FL 32233d38t hereinafter called 'Convector'. WHEREAS, the Department affi the Convector heretofore on June 2nd. 1997 entered into an Agreement whereby the Department retained the Convector to perform. Mowine. edejne. tree trimmint±. sweeoin¢. and litter removal and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE, this Agreement wimesxth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement dated June 2nd [997. a+vt Sup~Apr. No. 1 date~t Jan It Irv ~t+ for a period of one yeaz beginnittg the 1st day of July , 19 ~$ and ending the ~Qlh day of June , 19 ~_ at an annual cost of S 39.000.00 specified herein. All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year set forth above. Name of Convector BY: Authorized signature Title: 3 8 3 H NJIS STATE OF FLARIDA DEPARTMENT OF TRANSPORTATION By: District Secretary or Designee Tide: ' . Approval as to Fotm and LagaGty Fiscal: Approval as to Availability of Funds R6CYfIPD PAPFi~' .. , FLORIDA -DEPARTMENT OF TRANSPORTATION ~~^ uo.m now~s r. wac x oorrano. P.O. Box 1089, MS-2010 ,a,~ _ Lake City, FL 32056 t (904)752-3300 April 15, 1998 City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, FL 32233-4381 RE: Agreement for Maintenance Renewal - B-B 117 WPI No.: 2610516 State Job No.: 72906-9300 (FIN Project #21455617264) FAP No.: N/A County: Duval Gentlemen: The Department is agreeable to the renewal of Contract B-B 117 with your city. This is the first renewal of the contract for the period July 1, 1998 through June 30, 1999. Please execute the five (5) copies of the agreement enclosed where indicated. In addition, a new resolution from the Town Council authorizing the execution of the renewal agreement will be required. Please return all documents to the attention of Rick Johnston at the above address. Upon receipt of the completed documents, this office will have the renewal agreement executed on behalf of the Department and return an original copy to you. Thank you for your cooperation. Sincerely, ~~~µ~ Rick Johnston, PE District 2 Maintenance Contracts rc agrrcnl.jax Enclosures cc: Ms. Kelly Stroupe u~R 2 "r iy3~s ®.,~„ ,• AGENDA ITEM NO:~~ COMMISSION MEETING DATE: $- / ~~ 98 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) Robert S. Kosoy/Director of Public Works ~~~ Phil Nodine/Streets & Maintenance Division Director April 29, 1998 We have reviewed the new Maintenance Agreement for maintaining State Road 10 (Atlantic Boulevazd) from the East end of the Intracoastal Waterway Bridge to Third Street, and State Road 101/AI A (Mayport Road) from Atlantic Boulevazd to Assisi Lane. Also included in the Agreement is maintenance of the ditch between Saratoga Circle North and Forrestal Circle South from Mayport Road to Atlantic Boulevard at Aquatic Drive and the ditch from Fleet Landing running north-northwest along Mayport Road, terminating at the salt mazsh. Maintenance work involves street sweeping, mowing, litter removal, edging, tree trimming and pruning. This Agreement is the same as the previous year with the exception of the price increase in the amount of $1,000 per quarter from $8,750 to $9,750 per quarter ,due to the acquisition Fleet Landing ditch. Total annual amount $39,000.00, which the City of Atlantic Beach receives from the FDOT for performance of this maintenance. The duration of the Agreement is for one (1) yeaz. Beginning July 1 ~` 1998 and ending June 30`" 1999. RECOMMENDATION: ATTACHMENTS: We recommend approval of this Agreement FDOT -Agreement for Maintenance REVIEWED BY CITY ~~A~~~~. t. .'.~ ., ~ ' a_ . ~z e ~ '1 _ r~ _ .. .6~ - . i /i ' l:.' It ~. `~i't . 4 ~ - ~.~ ] - ' - ~"-J .. !T i. ~d'C' t-~ ~ .. !: UL I `: ~ i.A' L q(71' i!7: A 7 t ri., ! A'r _ ~:_i*. aoc ~~~ .' ' ~ :' ':'_~:' . ~. 7FXCEL .._,._ F;,;.er`u' corny c; trac,:,rs :. try t.~~~- 0 ~~- <,- '' 1~ .~.,_ ..~ C ./ A~ '~. ' ; '. / 1. ~4~ ~ ~ 1 ~' ' ~^ ' 'I / ~. ~, , r. ==~ . 'xr'' d -, ~~® ~i~ ~ (~ `' /' , i '1 _, ', .% r.+,. E,; }1:' r ~yi,',J f ~. i NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .~~. it--~- ~~ ii "~'° ii ~~ii%r rM nranvoa, rw 'iwp~Y~^Kr' ur AT~W ;_.. e..~i.-....Ia ~.'. AUK -. _.. .:sx... __. ._~i.: Fo.m w•9 (nev. 3~9e) Note: Writing `Applied Fd" on the loan means that you have already ~opGed !a a 77N OR that you intend fo aPPl1' Ion one soon. As soon az you receive your TIN, complete another Form W-9, include your TIN, sign and date me form, and give it to the requester. Penalties Fa6tce To Furnish TIN.~f you tat to furnish your coned TIN to a requester, you are subject to a penahy of 550 for each such failure unless your failure is due to reasonable cause and not to willful neglect CMT Pertatty for False Information With Respect to WRhtwld"rtg.~f you make a false statement with no reasonable lTazis tt7at results In no backup withhddtrg, you are subject to a 5500 penalty. G1m4tal Penalty for Fatsfty'vtg Irtfonnation.- WdRuAy fatsi(y'utg aYtlfieations or atfinnations may subject you to criminal penalties etcl~ng fines and/or imprisonment Misuse of TINS.--It the requester d~sdoses or uses TINS in vioWtion of Federal law, the requester may be subject to dvil and tximirtal penalties. Specific Instructions Name.-~f you are an irxlrvidual, you must generally enter the name shown on your social seaaity card. However, R you have changed your last reme, for instance, due to marriage, without inlomting the Soda) Seaaity Admir>stration of the name change, please enter your first name, the 1,157 name ShbvT en your SOGQaI SOCUfity card, and your new last name. Sde Proprietor.-You must enter your kTdividtsal name. (Enter either ydr SSN or EIN fit Part 1.) You may also enter your business name or'doing business as' name on the business name fine. Enter your name az shown on your nodal SeaJmy Calif and bU5if1e5s f1anlB as R was teed to apply for your ON on Form 55-4. Part F-Taxpayer Identification Ntnnber mro You must enter your TIN in the appropriate box. If you are a sde proprietor, you may enter your SSN or EIN. Also see the chart on this page for further clarification o1 name and TIN combinatiorss. If you do not have a TIN, follow me instructions under How To Get a TIN on page 7. Part II-for Payees F~cempt From Backup Wititholding Individuals (nduddng sole proprietors) are not exempt horn backup withhddvg. Corporations are exempt from batdap vrimholtling for certain payments, wch as interest and dividends. For a complete list of exempt payees, see the separate Inswctions for the Requester of Fonn W-9. If you are exempt Iron Uatltup withtakling, ydn srwdd stia wrttplete ttvs loan to avid possible erroneous backup vrithholding. Enter your coned TN in Part 1, wdte'f:xempt" in Part II, and sign and date the form. If you are a nonresident alien or a loreign entity not strt7ject to backup withholding, give the requester a completed Fonn W-8, Certificate of Foreign Status. Part III-Certification For a pint account, only Ne person whose TIN is Shown in Part 1 should sign. 1. Interest, Dividend, and Barter F~tdunge Accounts Opened Before 7984 and Broker Aceoums Considered Active During 1983. You must give you coned TIN, but you do not have to sign the certification. 2 Interest, Dividend, Broker, and Barter Exchange Accarrts Opened After 7963 and Broker Atxamb Considered Inactive Otaing 1983. You must sign the certification or backup witilholduy volt apply. II you are subject to backup withhoding and you are mercy providing your coned TIN to the requester, you must sass out item 2 in the ce tification before signing the form. 3. Roal Estate Transactions. You must sign the certification. You may cross out Rem 2 of the certification. 4. Other Payments. You must give your coned TIN, but you do not love to sign the ecrtifieatlon uNess you have been notified of an inconeet TIN. Other Payments include payments made in the worse of the requestefs trade or business for rents, royalties, goods (other than d7Ls for merchartdtse), medical and health dare services, payments to a ranempk7yeo for services (trxitxfing attorney and accounting tees). and payments to certain fishing boat aew members 5. Mortgage Interest Paid fry You, Aogtisitlon a Abandonment of Seared Property, Cancellation Of Debt, or IRA CorttrbtrtiorTS. You must give yotr correct T1N, but you do not have to sign the cerTificaEOn. Privacy Ad Notice Section 6709 requires you to give your mnect TIN to person: who must Ne information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured properly, cancellation of tlebt. or contributions you made to an IR0. The IRS uses me numlters for identification purposes and to help verify the auuracy of your tax return. You must provide your TIN wherner or not you are regturtW b fire a tau return. Payers must genera6y wimhold 37 % of taxable kneraC dividend, and certain oltter Payments td a payee who does not give a TIN to a PaYec Certain penalties may also apply, What Name and Number To Give the Requester For trus type o! eceount Give nana era sst, of t. `w~yaw rtr try'ntar 2 iw or rtes tta acaal owryr of k ir0iviowe4oint atraxx a,aoorteiac accau+q Ws, h Est kavdy orr h accent 1 GanWrr a:mue of The mra+ s nrv luritnn Gdt b Miue Ace <. A the te¢W 71a txartbr•mare. reooae savigs e{6l tFitlb G also many e. So•carea trtar ltr aced owns amourt Out is rqt a bgal > vend Bret un0er sate bw 6 Sob pivprbbrbip lfa owsrr ~ For this typo of eccoust GM canna any E1N of a. Sob proprinor9tp ttr owner ~ 7. A vaLd trot esaa, or pmfnn trot tx9y cooly' 6 Caper=b tM eoeporaoan 4 AetOGxniery de. The of ,~thn retyicre, rl,.itaav. w,ooorvt or ottw tuavnyt aryar¢aecn to Pamerat+o Th perewvip tt. Abokerunpceaed rcrr<w Tlr hdarar narr:rss t2 Aozurt wiet tro the pWfC atery Depatrtartt a Ayuetratr n M rvro of • RCE .exy ps¢h u • nab or Got . e rt*r d a tto b ~K a eetrit or prierry rre reo.ias apuatsal propan peyrroa - ' L.6t ist ay ctrcb ra tarts of ti pascn r.rsae sneer you 5xtitl>. 'C:tle ee mitors woe srtl fum@r rra mitora SStt ' Yw met Shaw yo.. Metsrr carte, Eu[ tw rtq abe .nor tore aa:>a ar `mtq txaisa es' nano You rtvy use eenr totr SSN er @L 'Lim kst ad c:cb M rartr a Rr raW trtet essa or psraat mat po rot aatiet M iW o/ a persral noresenas.. ar maM wee ti bt7+r ~ bar mt W siyrayo h h accova roe) Note: M no name rs ce".Jed wfserl more f11a't txle route c Fstad, the rvmbr srla he ooralda'ed to lie Oar of Oe Arsr rrarre fated. 1S f°"" ~~'~ Request for Taxpayer rive turn, etl ttte niev. M""' t99aI requester. Do NOT ~~,,,~ Identification Number and Certification send to the FRS. _. o rtrare (11 loirx woes. is lint and drdc tk cocoa a tnc persw a eraar atosc r.anlw reu mrv it the I Etteir. See Yatrurdem as pre 2 tl tent ueoe ka rdags<) O 8ia1ic++ n+nk (Sore I>roPektors see ieesrcticns on w9e 2) 2 obinson E ui Ca. Inc. a Pleax a.erk appeoodate twc ^ tndividuav5de proprielw ^* r.«oorargn ^ PanrwyyD ^ Ourtr . m Adtlrets (number. 3veel, and apL a suite noJ Rep„esrers tome and address IeOl+eniQ a 3030 Cu l.er St. P.O.Box 156 l7ey, start and LP code - . Enter your TIN in the appropriate box For ktdividtraa, the a your soda) security number (SSN). For sole proprietors, see ttte Irtstrirctioru on page 2 For other entities. tt a your employer Identification number (E1N). tt you do rat have a number, see How To Get a TIN bebw, FIOtE Jt the aCY:tlt/rtt Is i!1 Rare f/lart Wle name, see tfn chart on page 2 forguFdeflnes on whale rannbtlr to emer. Under penanles of.perjury, I oedi(y that' Lbt acmurx soda) anrtry esrenher OR Enptoyv Identleutlon eaanbsr 5 1 5 5 8 5 4 0 For Payees Exempt From eadkilp 1Yrthhdidatg (See part g insbuctiora on Page 9 1. The number shown pt this farm is rtry CVrrer2 taxpayer identification number (Or I am wattirg for a number to be CsArad to me), and z tam not svbjed to baclarp wittJtddrg txcause: (a) 1 am exempt trim bacinlp wimhddmg, or (b) I have not been ratified DY the kttenml Revenue Service that I acct subject to backup witNtdding as a resua of a lettuce to report a0 "arterest or dividends, or (c) the IRS tus naafied me flat 1 am no longer sultjeG to batlarp withhddirg. .'.ertification trastructiors. You must cross out Rem 2 atwve if you have been notified try the IRS trot you are pmmtty subject to Dadatp rrittbdding because of undeereporting irterest or dividends On your tax rattan FOr real estate trussadinrts, Rem 2 does not apply. For mortgage merest paid. the acquisition or abandonment of secsaad property. car>cellatlon d debt, carttriDcrtiars to en kidrvidual rerirarttxd ittran8emera 1RA), and gensraey paymertm other limn irterest era divideMS, you rte not rege8ed to s{gn the Certification. but you must provide yotr correct f1N. (Also see part 111 katrtrctiorts on page 2) mgn ~ ~ J sere Signature - Jun-1~~C K ~(/„rA-r'r' Dare - 1 ' - ~ 5 Y (action references era [a fhe lrRernal aesenue t:ode. 'upose of Form~A person wfq a squired to file an 4rfomtalion return with he IRS must get your correct TIN to report 'twine paid to you, real estate artsactier>r, mortgage interest you paid, ne acquisition or abartdarment of secured ~roporty, cartceliatiort of debt. or arttritxrtiorts you made to an IRA. Use ono W-9 to give your coned TIN to the equester (the person requesting Y~ TIM nil, what applicable, (1) to certify the TIN ou are giving a wnect (a you are waiting ~r a number to be awed), (2) to certify ou are cwt wbject to backup wnhtalding, r (3) to cWim exemption from backup ~rhhdding it you are an exempt payee. --riving your correct TIN and making the ppropriate certifications wie prevent ertain payments }tom being subject to ackup withholding. ote: 1f a requester gives you a /orm other ran a W-9 to request your TIN, you muss x the requester's loan it it is substantially miler (o Ihrs Form W-9. 'hat Is Backup Withholding7-Persons eking certain payments to you must itlthold and pay to the IRS 37 % of such payments under certain condttiorts. This a catled 'badap withholding.' Payments loaf cotAd be sxlt>ject m badap witidaldatg include interest. dividends, tucker and barter exchartge trar~ctions, . rents, royalties. nortemploytee Pay. and certain paymems from fahing bast operators Real estate trattsactiorts are cwt subject to backup wittJwldutg. tt You give the requester your correct TIN, make the proper eertifieatiores, and report ae your taxable ktterest aril dividends on your tax return, your Payments witl not be subject to badarp wiNholding. Payments you receive wtil be subject to backup withhokfing iF. 1. You do not famish your TIN to the requester, or 2 The IRS leas the requester that you tumahed an ktwned TIN, or 3. The IRS tilts you that you are subject to Dadcup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends ony), or 4. You do not tartly b the requester that you are not wbject to badwp withholdug under 3 above (for reportade interest and dividend aocoums opened aner 1983 only). or 5. You do oat certify your TIFt See the Part III Inswctiore for excePtiorts.'= .-.-..-. Certain payees aril payments are .. ..- exempt from badalp wititttoldttg and infonnationreporting. See the Patt II . Instructions and the separate FrestrtrWom for the Requester of Form WSJ. Flow To lid a TIPI. -If you do rat have a TIN, appy for one immedatey. To appy, get Fonn SSS, Application for a Socal Security Number Card (tor indrviduals), horn your local office of the Social Seaaity Adminisbation, a Fonn SSA, Application for Employer Identifidtian Number (tor businesses and all other entities), horn your local IRS office. II you Oo not have a T1N, write 'Applied For in the space for the TIN N Part 1, sign and date the loon, and give n to the requester. Generaiy, you wtil then have 60 days to get a TIN and give n to the requester. U the requester does rat receive your nN within 6o aays, badalp withhddvtg, if applicable, wi4 begin and continue until you firmish your TIN.- _ 17 rum W-9 (Rev- a-gq BID N0. 9798-8 - RE-BID - ONE (1) RUBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL MARE AND MODEL BID: Ru~ota Tractor-Loader Mode]. L4200GSTCA- LAfi80 ~ 70" 8....K~.v- L.44.+ ms+....Sl ,' TOTAL PRICE BID FOR ONE (1) KUBOTA 2:ODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL: ~-26.390.00 m.~e„~V-Six Thousand-Three f~undred-Ninety (Dollars) SUBMITTAL: Robinson F.auio. Co. Inc. BY Kirk A. Parsons-- BIDDER P.O.Aox 156 _ ~~~~~i~~~ BIDDER ADDRESS S G A ,' Mims. Fl.. 32754 Sal.esm'~~/~~j~ipva-~ CITY, STATE 6 ZIP CODE. TITLE •_ DATE:_ 4-7-98 407-267-2023 BUSINESS TELEPHONE 'CONTACT PERSON:Kirk A. Parsons PHONE NIIMBER: 407-267-2023 ,„ ~ .«., - -:~= .~: -` -a;;. NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .~~. it--~- ^i ~ i^ ^i ~~ i~ ~~ii%r rnr ~b~+N~W ^'K~YrpM • , . , - ~~ ~ \ ~ ® S } rfd ® A ® ~ ~ . ~ •~ ~' ~} s. rG ~wlflse CLt t~ta6 (psp) ~311pH Yi1lINIHYW u05SOQ ~IZUaMYJ (INY'iMJOiI ' NOO IYM I CitiTq (KC) wd ICIi-q f ItiU av ~ L3AY38 830Y3 I AYHl AMS tttFC11 (ICC) ipgi-tlf (tit) ' ' DYWOfl ~ IYSH IY uppvagl 9liii 7!'gwnvad Y10flf1M •py anq aLsb qIH 'ivH al!gpW qU OOM3Y0 IHJ03AY1 ~Cuedwo0 ,faaulyaeW 7t~' LSt~O~ ~ . KUBOTA TRACTOR CORPOMTION ___ OWNER'S WARRANTY. INFORMATION -GUIDE (INCLUDING THE KUBOTA LIMITED WARRANTY FOR ALL PRODUCTS) EFFECTIVE 01/01/1998 1 i .~ ~°"" ~~ ~ I Request for Taxpayer lRev.•1.iirar t99e1 I Give form to the Identification Number and Certification requester. Do NOT G.o.,ao.e e(M T~a.o,,,T ..wor rb.wia a•nv send LO the IRS. _' c_ •~ In fAa aanrrs, isi fist arW orde Yre Dame of the twsm a ertq wtosr amav you hart n Pad 1 ticker. S.e Yalres9am m NT 2 e (oar uae oat maaaoC.) `o ronre (Sole P.ePrietars aea - o~ P+ge 2.) e ~ d, p Ptaare e3mar appropriate boot MWividuaVSae praprieta ^ Caroaation ^ PartneraniP ^ Odra ....-•---•-••------..- .~ Addtma krurrrbv, atreel, and apt. « - e roe o ' Rqueters tame and addross (optiaW) i CA1'. stns and LP code tls! azOU4 stet your TIN in the appropriate twx. F« ndrvidtrals, iftt5 s ysxsr social SCG1xIty number Serial paralty nunlbar . SStJ). F« sde Proprietors. see the irtstrtactioru xt page 2 F« other entities, k'ts your employer oenCfication number (pN)• C you do rat have a QR For Payees 6cetttpt From Backup wmber, see How To Get a TIN bebw. Wttftho(dmg (See part h Jots (f the aotormt is N mare ffrart one name. E1epOyar Identlauam nnrb.r instrudiolts Oa Page 2) tee the chaK on page 2 /org~ide!vtes on whose aarsber to enter. ~ ender Pules W Per1~Y. I certify d,rt: The ntatrbar shown on ttis roan k mY cones ta~ayer identification rttmber (« 1 am welting fa a number to be isuled to me), and - 1 am not subject to bagvrp wiWtddug because: (a) I am exempt hem baciorp witMdddtg, «(b) 1 have not bean ratlrisd try the kaerrta Revenue Service that I sin subject to laecdcup vritMOlding as a result d a IaBtaa to report ad interest or dmdends, «(c) the IRS has nOWied me that 1 am ra anger subject to 6arlap wiltrtldding. artifiatlon tnstructiotss.-You must cross out item 2 atwve if you lave been ra4fied by the IfiS that you are wnentfy wbject to bacla~ itfrtsotdulg tsenuse of underteportirg "ederest « dividends on your tax fetcaTl F« real estate tranractiors, item 2 does rat apply. For nartgaga -,terasi pad. the acpuisilion «abersdotvtsertt of secued property, CarY:eai11ot1 d deft, confi'Wdiorss to M trtdrvidtrai rettfMMflt an-angxttad R•y. and 9~alb Payrtrerrts outer then inerest and dividends, you am rat rstgiad to sign the Certification. but yvu trout prwlds yotr rxatreet IN. (Also sea part Ill kastnrctioru on page Za _ ere Sianrttsrc - ~ Urte - ~i-~i~l~ rl A °c(ion references are to the !n(errta! evenue Code. ;+Pa+e Of FornL--A Person whets gtsired to file an hfonnation retain with e IRS must get your cartett TIN to report ~rrte pakl to you, real estate utsactions, mortgage interest you Paid. °- aogtdslCort «atrarWorvnent of secured opaty, cancellation of debt, « x,tritxrtions you made to an lRa use xrrt W-9 to give your eorr'ect TIN to the quester (the Person requesting Yom nM d, when applicable, (i) to Certify the TiN u are giving is coned (« you are wading a number to be rssue~, (2) to certify u are not wbject to backup withhold<ng. (3) to cWim exemption from backup 'nhdding it you are an exempt payee. ring your correct TIN ono making the propriate certifications vela prevent Hain payments from being sul~ect to tkup withtaloing. ate: 11 a requester gives you a loan other ~n a W-9 (o request your TIN, you must ' the requesters loan it fi is substantially tiler (o (his Form W-g, rat Is Backup Withholding?--Persons krng Certain payments to you must hnold and pay to the IRS 31 % of such payr(lertis tutdrr certain txxtditions. This a caked •badarp witltfaldng,' payments that could besut>ject to bada~ vhthfaldutg irtcltlde 'C dividends, broker and barter ezchartge trartsactiorts, rents, royalties, nortempbyee pay, and certain payments from fshing boat operators. Real estate trartsactlorts are not subject to backup wilhhdtfirlg. k you give the requester your oarrect TIN, make the proper cer5faatiotts, and report ak your taxable kderesi and dividends on your tax rettmt, your Payments wik rat tx subject t0 backup withholding. Payments you receive will be subject to backup withholding if: 7. You do not famish your TIN to me requester, or 2 The IRS teks the requester Cut you tarnished an intoned TIN, « 3. The IRS tilts you Cut you are subject to backup withholdng lxpuse you rid not report all your interest and dtviderids on your tax return (for reportable interest and dividends only), or 4. You do not certify l0 the request« that you are not wtrject to backup vrimholding under 3 stave (f« reportable intert~t arsd drvidcrtd aocoums opened aker 1983 Doty), or 5. You do hat certify yore 71N. See the Part tll 4u~trtlctians tar exottptlorts' , '-'~- ~- Certaln payees and paymejt~ ere ... ._ exempt from badarp wkhhokGrg and inionnation reporting. See the Part II Instructions and the separate hasbvctlotts rot the Requester of Form W-9. How To Get aTIN.--If you do not have a TIN, apply for one trvnedatety. To apply. get Form SSS, AppGCatlon for a Soctial Severity Number Card (for ttdniduaLS). from your local Office of ilte Serial Sewrtty. Administration. « Forth SS-4, Application for Employer Identification Ntmtber (for businesses and all other entities), from yWf local IRS Office. If you do not have a TIN, write 'Applied For' in the space for the TIN H Part I, sign and date the tontt, and give k to the requester. Generaly, you wgI then trove 60 days to get a TIN and give k to the requester. If the requester does not receive your TIN vdthin ti0 days. batdarP wittstaiding, if applicable. will begin and continue un61 you Itsrtish your T1N: _ 17 Pam W-9 Ifuv. a-sal BID N0. 9798-8 - RE-BZD -ONE (1) KUBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL ~0 2 L"iD~ Sf~ l ~ ~ c/1. ~~ 9Y L~C.t'/o /dZi ~ ~ O.SSC°~ BIDDER TOTAi, PRICE BID FOR ONE (1) KUBOTA Z:ODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL: ~ir~c~ ~/L~~ l/7D1/SAA~ / ; UQ i~[~nle~rd J/1.~/(Dollar) /~ OQ .~3 -.~ gam G /-~ f-- 1~o d~//S' SUBMITTAL: Y~f 0. ~ /~ ~/ .C~.LJ BIDDER ADDRESS SI A , / ~On/S ~G°o/R, ~/ ~ZSLIo ~Sl~/csD~A/-/ ~ f~csb~7~~ CITY, STATE 6 ZIP CODE TITLE DATE: / / / ArL ~ ~0 /~~f3~~ -.9~y~zooZ ~~I- L BUSIt7ESS TELEPHONE /~ , CONTACT PERSON: I~ ~.CJO/U,/L,~/i ~ ~Q~~~ PHONE NlTh3ER: ~~ D H ~! Z DD ~. BID N0. 9798-8 - RE-BID -ONE (1) KUBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL MARE AND/MOD£ ~BID•.~T~~BOI~~T~~ ~G(/„(~/JV,dQ~77~~4~ ~~~Sf~l ~Yl ~l~i. ~a BYL~C,~/onlZi ~ ~os~~ BIDDER TOTAL PRICE BID FOR ONE (1) KUBOTA l:ODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL: ~ s/3. ~~ ~I;~l/ b/1~~ 7~ra us~~rd ~; UQ ~,1~,~,~r.,d ~.~tD ~az~ ~~l `~O moo, zi, ~Ns~~~~, ~/, .~~~~ :~ -~ Siam d /-e ~- .~o ~~~1L5 SUBMITTAL: D. ,~ SC .37.ZZo BI``D~~DER ADDRESS SI A ~ _1 CITY, STATE 6 ZIP CODE TITLE DATE:// 1 A~L ~ ~1~ //f~~~lJ ~~~~~L-ODL ~~ //~,~ ~ ~ y BUSINESS TELEPHONE COi.TACT PERSON: /~ ~X/~/U/./G'/i ~ ,~Q~~°~ PHOt7E NUt.BER: ~~ D H ~1 Z DD ~ ~0 2 PRICE BID FOR ONE (1) KUBOTA I:ODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL: J/1 i r ~c ~ ~/L/~ ~D US~Afa~ / ; lIQ ~[~nl~lr.~ J/J.rfDollar) / ~ (~ ~i' moo, z~, ~`3 -.~ .~'am 'SUBMITTAL: ~~s1. ~//~../~~z~~~ .LSD L~C~1L~ BID N0. 9798-8 - RE-BID -ONE (1) ICUBOTA HODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL r-~ ~- D. ~ SC ~~',ZZo BIDDER ADDRESS Si A CITY, STATE 6 ZIP CODE TITLE DATE: / e / /~// L ~ ~10 ~~~ ~~ =9~y-zoaz BUSINESS TELEPHONE CO\TACT PERSON: /7 ~.C/~/I///~/~i ~ ~~5,~°~ PHOt7E NUhBER: ~~ D r7 '/ Z flD ~~ f- l.: ~l~G"/S7~c2~ / Y 1!-~G/1. ~Q BY~~W~/I~LI L, ~~~~c~ BIDDER Form w.9 (r>c.. 7-9q Note: Wntirg "APPlieo For' on [fie /Onn means mat you pare already applied /or a T7N OR that you intend to app/y Ion one soon. As soon a5 you receive your TIN, complete another Form W-9, include your TIN, sign and date the tone, and give it to me requester. Penalties Failiae To Furnish TIN.-If you tail [o furnish your correct TIN to a requester, you are subject to a penalty of 550 for each such failure unless your failure rs due to reasonable cause alM rat to willful neglect Civil Penalty for False Information With Resped to Witiiwld"rfg.-tf you make a false statement wftlt no reasonable basis that restAts n rw backup witttholdvg, you are subject to a 5500 perully. Crfmfnal Penally for Falstfyutg Irdortnation- WJtfutty fal9ilying feriffiWhOfLS Of affirtnatians may subjed you to tr'rtlinal penalties cidudNg fines and/or enprisonment Misuse of 71Ns.-If the requester discloses or uses TINS in violation of Federal law, me requester may be sul7jed to civil and criminal penalties. Specific Instructions Name.-7t you are an individual. You muse genera0y enter the name shown on your 50Cia1 Seclydy Card. However, H you Have changed yoir last name, for irrstanee, due to martiage, without informing the Soaal Seaaity Administration of the name change. please enter your first twine, the last narle ShOMrt1 Ott your Sot7a1 seWflty card. and your new last twine. Sde 1°raprie(or.-You must inter your Yydividtel rWna. (Enter eiCter yar SSN or EIN in Part L) You may also emar your IxrSness flame Of'dOTg busness a5' name on Uta business name brie. Enter yOUf ttdfile 85 ShOWri Oft ydur SOCial scattily card and business name as it was toed to apply for ydlr ON on Forth SSA. Part t-Ta~tpryer Wmtificafion Number mw You must enter your TIN m the appropriate box. H you are a sole proprietor, you may enter your SSN or EIN. Also see the chart on [his page for further clarification of name and TIN combinations. If you do rat have a TIN, follow the instnxtions under How To Get a TIN on page 7. Part II-FOr payees Exempt From Backup Wittiholdirg Individuals (uicWding sole proprietors) are not exempt horn backup withhddrg. Corporations are exempt from badarp withholding for certain payments, such as interest and dividends. For a complete list of exempt payees, see the separate Inswctions for me Requester of Form W-9 If you are exempt from Uatluip witttiakkrg, you shotld stia rbrtplete this lone to avid possible erroneous backup withtwkfing. Fsiter your corned TIN in Part I, wdte'6tempt' in Part II, anal sign and date the farm. If you are a nonresident alien or a foreign entity not sttt>jed to backup witlth~rg, give Cie requester a completed Form WB, Certificate of Foreign Status. Part Ill~ertifiration For a pint accotm; only me person whose TIN is stawn ul Part I stauld sign. 7. Imeres; Dividend, and Barter Extdwige Accouns Opened Before 1984 and Broker Accounts Considered Active [bring 1983. You must give your correct TIN, but you do not have to sign the certifiration. 2lrrterest, Dividend, Broker, and Barter Fsdwge Accounts Opened After 1983 arld BfOkef Aecarrts Considered Inactive Dlrvfg 1983. You must sign me certification or backup wittthddmg vnTl appy. It you are subject to backup withholding and you are mercy Providing your carted TW to me requester, you must crow cut kern 2 in me certifidaEOn before signing me form. 3. Real Fdate Transactions. You must sign Ne certification. You may cross out item 2 of the cedifica6on. 4. OUier Paymerrts You must give your wrtect TIN, but you t7o not rove to sign the certification unless you nave been[ notified of an incorrect TIN. Other payrttent9 irxyude payments made in the course of the requesters trade or twsiness for rents. royalties. goods (other Vtan bgLS for rtterMaridtse), medid and health care services, payrtmts to a ranemployee for services (nduding attorney and axounting fees). and payments to certain fishing boat aew members. 5. Mortgage IrfteresY Pakl by Ytw, Acquisition or Abandonmerrt of Seared Property, Cancegation of Deb; a IRA Cwttributiorts. You must give your conei,7 71N, but you do rat love to sign the cerifiption. Privacy Ad Notice Section 6709 requkes you to give your correct TIN to persons wta must Ne information realms vrim the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paiC, me acquisition or abandonment of secured broperty, ranceliation of deb; or contributions you made to an IRA_ The IRS uses Use rxxnbers for identificalgn purposes and to help verify the accurary of your tax return. You must provide your 71N wnettser ar not you are required t0 61e a Ux rettmt. Payers rtxist 9enerLly withhold 37X of taxable rltdest, and certain Omer payments to a pay~'a' who dot's rat give a TIN to a payer. Certain penalties may also apply. What Name and Number To Give the Requester For Nis tyyt o/ aeewrtt Dire ^'n's ane ssrl of t. ba.ad hr Inearieiy - 2 Two a mew sir acfsr owns d ti :ro:.a,yna fiei+ aoraux or, Y oatp:yo acmutq tales bs bst dal an k acm,xy 1 •.. -"-'. - acoovv of 7K mnor a msxr Flnaonm Gel b Mims ~ L a lire tmm 71r 9ranr~-trtatea , rwoabY aastrgs true ~tv b afro trtmse) a Soeitse trtat sir aetrW owntr r 1'WIl4 e11f C fbi a ieCa Or yard TrA uroer svte law s sow awtt.btr~o ttr owwr e For eti5 tyP. at accotatt a.. teanta ass! E7N oe t Sole ctacrieeo<rh'p the owns ~. A YiGJ tMt [Stitt. er Lpal ~Y' P+aut bat l rworm itr oetporatron tl naotidun AE, sir egrttralbt ~~ th.,taae. b~~ a~ aut+>mrtsm ogar~n id P+rtrlaYlV sir tatrtneniq t1. Adetrsa npeseeW rom.ra ine txoix orrurnire t2 Amotix welt er sir P/orc stets' Oeotrtnlae d /~griaM n M two of ^ ptbfc army [sent as a sou a bvl e ~ d 9wa etv2 a a aisaet ar vmuV ttr raoslrs apraaatpry om¢.n ti/rmuws list fro one eieY H rwe d aY peraert sNnee rtrarar you tram 'CicL ar mtufs twin ad {rtetlt tti mrbfs Ssii s •ar ntat sio. yvtt stSWal rtatr. bul you stq atw am yoir Otsata a'oekY baits as' twin. Too tray tae err yotr SSN or EIN. . Let fsa and eide ew its d er Igsl Nat emu, or oaaion tuA Pe rat tati~t M 7W d h pssaW wwaaarroaw. o<war utisst er Uw atetr +b+ie rol oespvlao h er arcpSx tleeJ rlotc. a tic rartw c oiled iN+en rtsom than one rsrne c Fsted, f/r nmioer wi0 <b mraiJeeed b Oe cut of Ne first rwM fated. 1S FO"r YV ~ Request for Tax a er ~Inev. 1Aara tsa.l P Y Give roan LO the Identification Number and Certification requester. Oo NOT beeww.re d N Trryy s...r e..... s...o. send to the IRS. __ an. rWU (n late motes. Et fist an erde us nine a me Oasm « enay rinse upne« you cad o tan I erlor. See haa«ems m iari 2 a ye« Yrr tut rhayKl a - taakbss name (sae wovret«s acre Ueeueaoru o^ oage ZI Coastal Equipment S~ste~ns Inc. u P4yse a+ect aoprowura bat ~ IndivieuaYS«e «o«id« Carporaean ~ ~ ahv , .°, Aadra;s (number, sued. ano aq, ar a,te roJ ....---.-...(~ .._......._ m 5287 New Kings Road aevvwets ~'e end aee"ss ~9 a GY. dae and LP code Jacksonville, FL 32209 Enter your T1N in the appropriate box. For ridrvitlWls, SIttT 6 ya,r soraal seaairy ntanbs 'SSN). For sde Proprietors. see the instricctions ors page 2 For other entities, k'a your employer derttifieation nurtiber (pM• H You do riot have a somber, sea How Ta Get a TIN bebw. dolt H the earormt a in more than one flame, xe the chart on page 2 for guFdefaies an whose xarsber to eruc tbt Sodd Yq,rfry raanber OR Fnplot+ideridaodm rranWr 5 3 3 2 3 1 ride For Payees Exempt From Baoln~ Wrthhokfag (See Part g instrueHarts on Dade 9 ender penalties d perjury. 1 certify tltd: The nsmtbar shown an tlis form b ttry carne IaxFaye identifiation nsanber (« 1 em walling for a rtsarsber to be isnred to me), aM Ravarssfe s tambada+p whNsddxsg beause (aj I am exempt rrtxn hadarp witMdrLng, or (b) 1 haw not risen notified by tiia kaernal me that l am ra ssblee to tsadafp withndring as a result of a fadsaa to report >a irdsrast a dividend:, or (c~ the IRS etas neUfisd forger subject to tsarJwp whhhddag. ereRcation 4aosfetions. You mtat cross out hem 2 above C you have laden notified by tfsa IRS that you are amently subject to brkt~ hts+oldvsg Deatrsa or ursderteponirg imernst or dMdands an your tax retorts. For real caste trarttacti apply. For mortgage terea paid. the acquisition a abcsdoratiam df sectsW property, aricellatlon d debt, eorthsbuuons to en Individsd~islvenMtit Ly. and garraay paymerRS albs ttsars irteres: a,d dividerds, you ree not regtsed to sign the Certification. txa °mngeTOnt N. (AFSO ae0 Part III kssbueliorts an page 2a YW Itxat priSrrQe Yea ~~ ign eR lion re/ermces are to the lrlterrte! :venue Code. +pose of Form.~q Per"„ott who is quirad to Rk an htomiatibri realm wkh e IFS rtxsi get yotu cvrrerX TIN to report xrtie paid to yotr. real estate n5ac5ons, mortgage interest you paid ' atxltrisitiort fir abatidorarient of secured operty, caricellatian of debt, or ntritxftlors you made to an IRA Use rrrl W-9 to give your catrect TIN to the 7uester (the person requesting Your TIM d, when applicable, (t) to certify the T1N ~ are giving is corral (or you are waiting a number to be issued), (2) to certify ~ are not wbject to backup witlsholdvg, (3) to claim exemption from backup nodding it you are an exempt payee. ''^9 Your correct TtN and making the ~ropnate certifications wia prevent :din payments Irom bring subject to :kup wimisolding. te: !! a requester gives you a Iorm other n a W-9 to request your TIN, You must the reques(er'S form i/ it is substartfially tear m this Form W-9. at Is Backup ~t}sholding7--persons <rng certain pa•/rttenfs to you must :hold arty pay to me IRS 37 % of such i under certain cbndctiocst Teas is ttut casube q~ Payrtretits wittthdding (ndtfsie 1(itsesL dhdeddR txtiks aril barter exrYiarge 4acsac4oris, . rents. tcyalties, noriemployee pay, and certain Payments from fshing boat dpeators. Real estate trartsac~ors ace not stfbject to badalp wkfitioldag. k you give the requester your eertaet TiN, make the proper oetificatiofss, arM report as your taxable 4rterea and dividends on your tax retrrtt, your paymems cell not be subject m bado+P vritlshdWrg. Payments you receive w71 be sutijeet to backup vrimtxrldmg ((. t. You do not famish your T1N to ttse requester, Or 2 The IRS tens tfse requester trot you famished an ineOtrect TIN. Or 3. The IRS tdLs you that you are subject to backup wimtidding because you dal not report all your interest and drvidenCS on your tax return (for reportable interest and dividends Doty), or ~. You do not certify to the requests mat you are not wbjebt to backup vifhfsoldirg ands 3 above (for reportabe ~ata-t~-(p_ cj interest and dividend axamts opened after 1983 only), fir S You do not certify ysxa TIN. See the PartlliYn-tntctiansformrceptfattt•-_=-~ ~- Cetaht payees and payniertts ate . exempt from badatp wi8ihdsLng acid informttionteportirig. See the Part 8 ' Instructions and the separate Itesbtfe.Ymis !a the Regtiestx of Farm W-9. How To Get aTINT-If you do not flaw a TIN, apply far one itan.datdy, To aPP1Y, get Form SSS, for a Soda) Seaa(ty Ntanbe Card Qor'risSvidcafsl, from your loaf office of the soda) Seax(ly. Administration, or Form 55~, Application for Employe Identification Number (for businesses arsd all ottie entities). from your beef IRS office. I( you do not have a TIN, write 'Applied For in the span roc the TW h Part I, sign and date the faint, and give it fo the requester Getcaly, you wdl then tow 60 days to get a TIN and give k to the requests. I( the requester does not receive your TIN wittsin 60 days, badurp wittihddug, it app5cabk, wia begin and contimfe umfl you itrrriish your TIN: _ 17 r-orm W-9 IRe,. rsn BID N0. 9798-8 - RE-BID - ONE (1) KtJBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVID EQUAL MAKE AND MODEL BID: Kubota 4200 GSTCA Tractor with a LA 680 Loader with a 70" light material bucket TOTAL PRICE BID FOR ONE (1) KUBOTA 2:ODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL: ~ 27,429.00 Twenty-seven Thousand. Four 'Hundred Twenty-nine and no/100---(Dollars) SUBMITTAL• Coastal Equipment Svstems Inc BY Dick Schwalbe BIDDER 5287 New Kings Road ~ /~ ~~'~ ~'~ BIDDER ADDRESS SIGNAYI~RE Jacksonville, FL 3209 CITY, STATE b ZIF CODE Sales Representative TITLE DATE: April 6, 1998 COA'TACT PERSON: Dick Schwalbe 904-929-9624 BUSINESS TELEPRONE PHOt7E NUhBER: 904-924-9624 Request For Bid For Tractor Page 4. I • Maximum Lift Height =102.4" ' 2. Clearance with Attachment Dump = 80.3" 3. Maximum Dump Angle = 40 Degrees 4. Material Bucket Width, Maximum = 70.3" 5. Lift Capacity at Full Height =1499 Pounds 6. External Hydraulic Kit 7. Simultaneous operation between lift and bucket cylinders with single lever control operation. 8. Bucket Level Indicator 9. Lift aad Tilt Cylinder Diameter and Lift and Tilt Cylinder Stroke shall be sufficient for lifting full bucket with no loss of speed on loading and unloading performance. i -._ ice.. Request For Bid For Tractor Page 3. 1• ~[~~ ETVCS ' L di i rect vertical Liquid-Cooled 4-C~+cle Diesel nth MINIIvI1lM - 42 Horsepower 2. TOT T DI PLA EMENT• MINIM; 134.1 Cubic lathes / 2197 CC 3. Ns y~ER OF CY LINDE MINIM[1M - 4 C~,linders 4. BORE & TKF • ~~ 3.4x3.6 (87x92.4) 5• ~ANSMISSION • Fully Synchronized Main & Shuttle Units 6• HYDRALn IC• ~~ Implement Pump - 7.8 GPM or 29.5 Liters 7• II~NSIONS• MAJ{l1vIUM Weight nth ROPS CAB * and LOdDI2~G BIICRET=4, 000 lba. Maximum Overall Width = 118.9 Inches or 3020 Millimeters . Maximum Overall Length = 62.4 I_pches or 1585 Millimeters - ~. • :~~ Request For Bid For Tractor Page 2. One Tractor (sce also speci5cation page) to include: - 4-Whcel Drive w/Factory Cab (A/C and Heater) - Glide-Shift T~~~*++~~ion with Synchro Shuttle and 16 Forward/16 Reverse Gears Hydrostatic Power Steering - 4-Cylinder Diesel - 45.3 Gross Horsepower - 37 PTO Horsepower - Independent PTO - Turf Tires -Front and Rear 70" Light Material Loader Bucket KUBOTA Mode14200 GSTCATractor Or approved equal .,..u. :,~:. Request Far Bid For Tractor Page 1. This Request for Bids is for one (1) tractor with a front-end loader implement. This bid is for a very specific type of tractor for use on sludge drying beds. The specifications are for a light weight but durable tractor to remove sludge cake from sludge drying beds at the City of Atlantic Beach Wastewater Treatment Plant located at 1100 Sandpiper Lane. The prospective bidder must present at the bid opening his specifications demonshating compliance with the advertised equipment specifications. :, S -~. v REQUEST FOR BID FOR TRACTOR CITY OF ATLANTIC BEACH 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233 247-5818 - 247-5834 spec_tra.ctr rltlartle Seas - ~laafda 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4381 TELEPHONE (904) 247-5818 FAX (904) 247-58 t9 CITY OF ATLANTIC BEACH INVITATION TO BID BID N0. 9798-8 (RE-BID) N~TZCE is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, IN TRIPLICATE, in the Office of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida 32233, until 2:30 PM, Wednesday, April 8, 1998, for ONE (1) YUBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL, for use on the City's sludge drying beds. Thereafter, at 3:00 PM, the bids will be opened in the City Hall Commission Chamber, 800 Seminole Road, Atlantic Beach, Florida. Bids shall be enclosed in an envelope endorsed "BID N0. 9798-8 RE-BID - ONE (1) KUBOTA MODEL 4200 GSTCA TRACTOR, OR APPROVED EQUAL, TO BE OPENED AT 3:00 PM, WEDNESDAY, APRIL 8, 1998." Bidding Documents, Specifications, and information regarding the bid, may be obtained from the Office of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida, telephone (904) 247-5818. Bid prices shall remain valid for sixty (60) days after the public opening of the bids. .Goods and services proposed shall meet all requirements of [he Ordinances of the City of Atlantic Beach, Florida. The City of Atlantic Beach reserves the right to reject any or all bids or parts of bids, waive informalities and technicalities, make a•ard in whole or part, with or without cause, and to make the award in what is deemed to be in the best interest of the City of Atlantic Beach. 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 on a contract to provide any goods or services to ,a public entity, may not submit a bid 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, 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 placed on the convicted vendor list. (Section 287.133(2)(a), FLORIDA STATUTES.) Joan LaVake Purchasing Agent March 4, 1998 W U a v c i O °O U E ° Y a o ~ 4 O ~ O p 2 V 6 a W U 6 t 2 Z W M V _ Q U d 0 X ~ W Q d W LL o w V w ~ _ ~ ~ h1 o; as a~ Z ~ ~... w m U U $ ~ _ ~ ~ a Z a J W ( .; w "~ x w W F Q a _ L m ~ u W U Q F m 6 y `, <e F - oY U Y Z ` M W U 2 F 6 W ~ F E a x W N U Y '~ dw. i W .~ W y~ ¢ N ~ Fpm a < m u ~ ~ o a. w z N U N'7 ~ J v a c < F W ~ a t c - H M O C U OI.t .. ~ > o W W U ~ e 0. O ~ W v N m ~ ..1 W p ..1 A .L ~ V A O F m N O W ~ ~ C y Ov~ 4 ~ O. m ~ O V < 2 W 0 6 ~ 47 S Oot o m ~ K f L 5 ~ _o ~ ~ m ~ F 2 W g f U ~s AGENDA ITEM Iv'O: 1 COMMISSION MEETING DATE: J~'~~'9Q AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AWARD OF RE-BID FOR THE KUBOTA TRACTOR Robert S. Kosoy/Director of Public Works Apri127, 1998 On Wednesday, December 17, 1997, at a bid opening for a tractor with front-end loader for use on the sludge drying beds, only one bid was received. This bid was for $27,260 from Coastal Equipment Systems, Inc. It was decided at the January 26, 1998, City Commission meeting that the tractor be re-bid. On Wednesday, Apri18'", 1998, bids were opened for the Kubota tractor mode14200 GSTCA with front loading bucket. Bid invitations had been sent to Kubota dealers in north and central Florida. Three bids were received and aze noted on the attached Bid Tabulation Sheet. Robinson Equipment Co., Inc. is the low bidder at $26,390 and their bid meets all specifications. The vendor states that the vehicle will be delivered within 30-days of receipt of a purchase order. This vendor has previously done business with the City and we have been satisfied with their service. The savings to the City was $870.00 by re-bidding. RECOMMENDATION: ATTACHMENTS: REVIEWED BY CITY Awazd Bid to Robinson Equipment Bid Tabulation Sheet and Specifications FOR THE GRANTEE: Joseph F. Myers GAR State Public Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 FOR THE SUBGRANTEE: 24. The Subgrantee hereby authorizes as its designated Agent, to execute Requests for Reimbursement, necessary certifications, and other supplementary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement; FOR THE SUBGRANTEE: FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: By: Title Governor's Authorized Rep. Title Date Date Subgrantee's Federal Employer Identification No. CATALOGUE OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 83.545 DISASTER ASSISTANCE 20 f. The Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. g. The Subgrantee shall comply with any Statement of Assurance attached hereto, which shall be incorporated herein. The Subgrantee acknowledges t`:at the respcrsi_`,ili_ty fcr co dying with the approved subgrant award rests with the recipient Subgrantee and acknowledges that failure to do so constitutes grounds for the recission or suspension of this subgrant and may influence future subgrant awards. 22. TERM: This Agreement shall be effective upon execution and terminate upon completion of, and final payment for, all approved projects, subject to any modification in accordance with paragraph 15, above. 23. NOTICE AND CONTACT: All notices under this Agreement shall be in writing, delivered either by hand delivery or certified mail to the representative and address below: 19 b. if otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria for completion is due to events beyond the control of the Subgrantee. c. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre and post audit thereof. d. The Grantee may unilaterally cancel this Agreement for refusal by the Subgrantee or its contractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee or its subcontractor in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's or their contractor's refusal to comply with this provision shall constitute a breach of contract, and constitute grounds for termination. e. Pursuant to Section 216.347, Florida Statutes, and applicable federal law, the Subgrantee agrees that no funds frog this Agreement will be expended for the purpose of lobbying the Legislature, state agency employees, Members of Congress, officers or employees of Congress, or an employee of a Member of Congress in connection with the awarding of this Agreement or any amendments or modifications of this Agreement. 18 is subject to Federal, State or local laws and regulations (including but not limited to: above ground or underground storage tanks or vessels, asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals, and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. 20. REPORTS: The Subgrantee shall provide quarterly progress reports to the Grantee. The first report is due three (3) months after the date of execution of this Agreement or at a date negotiated between FEMA and the Grantee if one is so negotiated, and quarterly thereafter until the work has been completed and approved through final inspection. All reports shall be provided using the attached Quarterly Report Form. Interim inspections shall be scheduled by the Subgrantee prior to the final inspection and may be requested by the Grantee based on information supplied in the quarterly reports. The Grantee may require additional reports as needed. The Subgrantee shall, as soon as possible, provide any additional reports requested by the Grantee. The Grantee contact will be the state public assistance officer for all reports and requests for reimbursement. 21. STANDARD CONDITIONS: The Subgrantee further agrees to be bound by the following standard conditions: a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, or the provision of funding to the Grantee pursuant to Section 252.37, Florida Statutes. 17 to parties with whom it shall deal in carrying out the terms of this Agreement, and shall indemnify and save the Grantee and the State of Florida harmless against all claims, suits, liabilities and damages, of whatever nature, arising out of the performance of activities funded or contemplated under this Agreement. For purposes of this Agreement, Subgrantee agrees that it is not an employee or agent of the Grantee but is an independent contractor. b. Any Subgrantee which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subgrantee to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of the performance of this Agreement. c. Subgrantee represents and warrants that hazardous and toxic materials, if present at any locations where the scope(s) of work will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Subgrantee further represents and warrants that household hazardous waste meeting the definition set forth in 40 CFR shall be handled in a manner which meets a11,Federal, State and local laws and regulations. Subgrantee further represents and warrants that the presence of any condition(s) or material(s) on site, which 16 to the latest approved completion date. Failure to complete the project will result in the denial of funding for that project. 17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with any other entity (herein after "contractor") for performance of any of the work required under this Agreement, the Subgrantee agrees to include in the contract that the contractor is bound by the terms and conditions of this Agreement with the Grantee, and to provide the contractor with a copy of this Agreement. The Subgrantee further agrees to include in the contract that the contractor shall hold the Subgrantee and the Grantee harmless against all claims of whatever nature arising out of the performance of the work by the contractor under the contract. To the extent that the Subgrantee has outstanding, uncompleted, contracts for work for which reimbursement will be requested under this Agreement, Subgrantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. 18. TERMINATION: Either party may request termination of this Agreement, in writing, delivered in person, or by certified mail, to the party's representative who executes this Agreement. Said termination may be accomplished by mutual agreement of the parties, effective thirty (30) days after an executed modification to effect termination. 19. LIABILITY: (a) The Grantee assumes no liability whatsoever to third parties as a result of this Agreement. Except as otherwise provided in subparagraph (b) below, the Subgrantee shall be solely responsible 15 Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR Part 17. 15. MODIFICATION: Either party may request modifications to this Agreement, including work to be completed on the DSR(s) and the time performance period. Such modifications MUST be proposed in writing by either party and become effective only upon execution by both parties. 16. TIME FOR PERFORMANCE: All activities funded under this Agreement shall be timely performed and completed. In accordance with 44 CFR 206.204, and subject to any approved extension by the Governor's Authorized Representative (GAR) or the Federal Regional Director, the term for performance of debris clearance or emergency work is six (6) months from the date of the declaration of a major disaster or emergency. Permanent work must be completed within eighteen (18) months of the date of the declaration of a major disaster or emergency. Within sixty (60) days after expiration of the latest approved extension for Large Projects, the Summary of Documentation, a request for final inspection and supporting documentation identified in Paragraph 6, REQUIRED DOCUMENTATION: REVIEW AND INSPECTION, shall be submitted to the Grantee. Within thirty (30) days of the later of: (1) the completion of all work, or (2) receipt of FEMA's approval of the Final Inspection, the Subgrantee shall submit the completed Project Listing to the Grantee. Time extensions may be granted on an individual basis, in accordance with 44 CFR 206.204. If any extension request is denied, the Subgrantee may be reimbursed for eligible project costs incurred up 14 audit. All audits are due seven (7) months after the termination of the entities fiscal year. b. The Grantee may require the Subgrantee to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization-wide audits. Such audits may be necessary to determine the adequacy, accuracy, and reliability of the Subgrantee+s internal controls, fiscal data, and management systems established to safeguard the Subgrantee's assets and to ensure compliance with this Agreement. c. If this Agreement is closed out without an audit, the Grantee reserves the right to recover any disallowed costs identified in an audit after such close-out. 13. NONCOMPLIANCE: If the Subgrantee violates any of the conditions of disaster relief assistance under the Robert T. Stafford Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the FEMA-State Agreement, applicable state law or applicable state or federal regulations, including those noted herein, additional financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected or the Grantee may take any other action that is legally available. 14. NONDISCRIMINATION/CONTRACTORS: The Suubgrantee shall maintain an active program of nondiscrimination in disaster assistance as outlined in 44 CFR, Parts 7 an¢ 16, and 44 CFR Section 206.11. The Subgrantee shall comply with federal regulations concerning the General Services Administrative Consolidated List of 13 years from the date of the final payment under this Agreement. Access to those records must be provided at reasonable times to the Comptroller General of the United States, the Grantee, its employees and agents, and to FEMA, its employees and agents. 11. RECOVERY OF FUNDS: If the final inspection, audit, or other review by FEMA, the State, or any other authorized entity determines that payment made under this Agreement exceeds the amount of actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt of the determination notice, repay the Grantee the amount determined to be in excess of the actual costs. 12. AUDIT: a. Subgrantees shall submit an Audit of Agreement Compliance to the Grantee as provided herein. This audit will be performed by an independent Certified Public Accountant or other entity independent of the Subgrantee in accordance with the standards of the Comptroller General as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The agreement number of this grant must be identified with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45 and 216.349, Florida Statutes and Chapter 10.550, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, as,amended, 31 USC 7501 through 7507, and OMB Circular A-133. If the Subgrantee is a private non-profit organization, it shall submit an organization-wide 12 but at least quarterly, remit interest earned on advances (if any)to the Grantee for remittance to FEMA. d. IMPROVED PROJECTS: If the Subgrantee desires to make improvements, but still restore the predisaster function of the damaged facility in accordance with 44 CFR 206.203, the Subgrantee must obtain prior approval from the Grantee. e. ALTERNATE PROJECTS: In any case in which the Subgrantee determines that the public welfare would not be best served by restoring a damaged public facility, or function of that facility, the Subgrantee may request that the Grantee and FEMA approve, in advance of performing any work, an alternate project in accordance with 44 CFR 206.203. f. The Grantee may, in its sole discretion, withhold a percentage of funding provided on each DSR in order to protect against subsequent adverse determinations by FEMA regarding previously authorized or disbursed grant funds. 9. FINAL PAYMENT: The final payment will be made only after project completion, submission of all required documentation, final inspection (Large Projects), review of Project Listing and/or inspection (Small Projects), and a request for final reimbursement. 10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain all records pertaining to the projects described in the DSR(s) and the funds received under this Agreement until all issues relating to the inspection and final audit have been completed, and any action or resolution of outstanding issues have been. completed. In no event will such records be maintained for a period of less than three (3) 11 8. PAYMENT OF CLAIMS: a. SMALL PROJECTS: The Grantee shall make payment to the Subgrantee of the Federal share of the eligible costs as soon as practicable after execution of this Agreement. b. LARGE PROJECTS: The payments for Large Projects will be on a cost reimbursement basis and subject to receipt of the following: (1) a Request For Advance or Reimbursement Form (blank form attached hereto as Exhibit B); (2) a Summary of Documentation Form, listing the DSR #, identifying the audit ready documentation that exists to support the payment request, identifying the dollar amounts of each eligible cost, and identifying the Subgrantee's own internal reference number (voucher, warrant, purchase order, etc.); and (3) a letter providing a brief synopsis of the request, and certifying that the reported costs were incurred in the performance of eligible work. c. ADVANCES: This Subgrantee may be paid an advance of funds provided that the Subgrantee: (1) demonstrates and maintains the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and their disbursement; (2) submits budget data on which the request is based; (3) submits a justification statement explaining the necessity for and proposed use of the funds, and specification of the amount requested; and (4) submits a completed Request for Advance or Reimbursement Form. After any advance, and in the event no advance is provided, all payments shall be on a cost reimbursement basis. Subgrantec shall promptly, 10 reimbursement of actual costs; and (c) a signed project listing when all projects are complete. For all Large Projects, the Subgrantee must submit a request for a final inspection. For all projects the Subgrantee shall certify, on the Project Listing, that all worA was performed in accordance with the requirements in this Agreement and the requirements in each DSR, and shall state the date the work was completed. The Grantee will inspect Small Projects on a random basis. The Grantee will schedule and perform the final inspections on Large Projects, and review the Project Listing for Small Projects or inspect the project, to ensure that the work was performed within the scope of work delineated on the DSR(s). Costs of any work not performed within the approved scope of work shall not be eligible for funding. 7. COST SHARING: The disaster relief funds for eligible costs indicated on the DSR (s) and described in this Agreement shall be shared in accordance with the cost sharing provisions established in the Stafford Act, the FEMA-State Agreement, and Chapter 97-152, Laws of Florida, Specific Appropriation 1114A. DSRs document the total eligible costs and the total Federal share (75%) of those costs. The Grantee agrees to provide one-half of the non-Federal share (12~% of total eligible costs). As a condition of receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non- Federal share (12~% of total eligible costs). Administrative costs, which according to the schedule are in addition to and not part of the DSR(s) eligible costs, and are otherwise eligible under 44 CFR 206.228 and involve no required match, will be funded by FEMA. 9 (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205); and (i) the Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Subgrantee further agrees to provide and maintain competent and adequate engineering or other supervision at all construction or work sites to ensure that the complete work conforms with the approved plans, specifications, and scope of work. 6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in connection with a Damage Survey Report (DSR). Failure to create and maintain proper documentation will result in the disallowance of Public Assistance funding, and require the refund of funds previously reimbursed or advanced, including an interest penalty. For all Large projects, the Subgrantee shall submit: (a) a Summa,.y of Documentation (blank form attached as Exhibit A) supported by all appropriate backup documentation (e.g.:invoices, canceled checks, daily activity reports, payroll records, time sheets, executed contracts, receipts, purchase orders, billing statements, etc.); (b) a request for 8 Subgrantee, and any land use permitted by or engaged in by the Subgrantee, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Subgrantee shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the pertinent water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, and any local environmental or land use permitting authority, where required. In addition, Subgrantee shall comply with other federal and state environmental laws, statutes, regulations, and guidance including, but are not limited to, the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O. 91-190), as amended and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.); 7 Subgrantee agrees, as a condition of receipt of funding pursuant to this Agreement, to obtain reasonably available, adequate, and necessary insurance for the type or types of hazard for which the major disaster was declared for any and all projects receiving funding. Proof of said insurance shall be made available to the Grantee as a condition of receipt of funding under this Agreement. 4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Subgrantee shall notify the Grantee, as soon as practicable, of the existence of any insurance coverage for the damage identified on the DSR, and of any entitlement or recovery to payments from any other source, for the projects described in the DSR(s). Eligible costs shall be reduced by the amount of duplicate sources available. The Subgrantee shall be liable to the Grantee to the extent that the Subgrantee receives duplicate benefits from another source for the same purposes for which the Subgrantee has received payment from the Grantee. The Subgrantee shall immediately remit to the Grantee any duplication of benefits payment received by the Subgrantee. 5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS: The Subgrantee shall be responsible for implementation and completion of the approved projects described in the DSR(s) in a manner satisfactory to the Grantee, and in accordance with applicable federal, state, and local statutes, regulatipns, plans, and policies. Any development authorized by, any development order issued by, any permit issued by, or any development activity undertaken by, the 6 (m) Energy Policy and Conservation Act (P.L. 94-163), and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 3. FUNDING and INSURANCE: The Grantee shall provide funds to the Subgrantee for eligible disaster relief activities for the projects approved by the Grantee and FEMA as specifically described in the approved Damage Survey Report(s) (DSR[s])• Allowable costs shall be determined in accordance with 44 CFR §206, 44 CFR Part 13, and pertinent FEMA guidance documents. Approved DSRs shall be transmitted to the Subgrantee and shall cumulatively document the specific amount of funding provided, and the applicable scope(s) of eligible work, under this Agreement. DSRs may obligate, or deobligate funding, thereby revising the total amount of authorized funding. DSRs document the total eligible costs and the total Federal share (75~) of those costs. The Grantee agrees to provide one-half of the non-Federal share (12~& of total eligible costs). As a condition of receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non-Federal share (12~~ of total eligible costs). Subgrantee agrees that the Grantee is authorized to withhold funds otherwise payable to Subgrantee, from any agreement administered by the Grantee, upon a determination by the Grantee or FEMA, or any auditor, that funds have been provided to Subgrantee pursuant to this Agreement, or any other disaster relief funding agreement administered by the Grantee, in excess of eligible costs. (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, and any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; (j) Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.); (k) Lead-Based Paint Poisoning Act (42 U.S.C. 4801) et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (1) Titles II and IZZ of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. for fair and equitable treatment of persons property is acquired as a result of federal programs. (These requirements apply to all property acquired for project purposes rega participation in purchases.); and 91-646) which provides displaced or whose and federally assisted interests in real rdless of federal 4 e. "Predisaster design" shall be defined as stated in 44 CFR 206.201(h). f. "Project" shall be defined as stated in 44 CFR 206.201(1). 2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties agree to be bound by all terms of the FEMA-State Agreement and all applicable state and federal statutes and regulations, including but not limited to those hereafter stated, and the pertinent implementing regulations and guidance: (a) 44 CFR parts 6, 7, 9, 10, 11, 13, 14, 16, 17, 18 and 206 and other applicable FEMA regulations, policies, and guidance; (b) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (c) Title ZX of the Education Amendments of 1972, as amended (20 U.S.C.1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) which prohibits discrimination on the basis of handicaps; (e) the Age Discrimination Act of 1975, as amended (42 U.S.C.61o1-6107) which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 91- 616) as amended, relating to nondiscrimination on the basis of drug abuse; 3 WHEREAS, the FEMA-State Agreement, defined herein below, governing the use of those funds requires the State to share in the total costs eligible for federal assistance; and WHEREAS, Chapter 97-152, Laws of Florida, in specific appropriation 1114A, provides that Federal disaster assistance matching requirements shall be equally shared between the State and its subgrantees; and WHEREAS, Sections 252.35. 252.36, 252.37, and 252.38, Florida Statutes, authorize the relationship described herein. NOW THEREFORE, the parties agree as follows: 1. DEFINITIONS: unless otherwise indicated, the following terms shall be defined as stated herein. a. "Eligible disaster relief activities", as used in this Agreement, means those activities authorized in the FEMA-State Agreement, as defined herein below; Public Law 93-288, as amended by Public Law 100-707 (hereinafter the "Stafford Act"); Title 44 CFR, Part i06, and applicable Federal Emergency Management Agency or State guidance documents. b. "Large Project" and "Small Project" shall be defined as indicated in 44 CFR 206.203(c). c. "FEMA-State Agreement" shall mean that agreement between FEMA and the State of Florida, for the Presidential Major Disaster Declaration FEMA-1195-DR-FL, and all modifications thereto. d. "Permanent Work" shall be defined as stated in 44 CFR 206.201(g). 2 DCA AGREEMENT NO. 98-RM-M9-04-26-02-051 FEMA PROJECT APPLICATION NO. 029-02400 DZSASTSR RSLISF FIINDING AGRSSMSNT This Agreement is between the State of Florida, Department of Community Affairs (Grantee) and Citv of Atlantic Beach, (Subgrantee). In support of the Agreement, the parties state: WHEREAS, extensive flooding beginning December 25, 1997, and subsequent tornadoes produced disastrous weather conditions which had a devastating impact upon Northern and Central Florida; and WHEREAS, the severity of the damage anal losses resulted in the declaration of a disaster emergency by the Governor in Executive Orders number 98-37 and 98-57; and WHEREAS, the President of the United States has concurred and has declared a major disaster emergency including Public Assistance for the counties of Alachua, Baker, Bradford, Brevard, Calhoun, Citrus, Clay, Columbia, Desoto, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Highlands, Hillsborough, Holmes, Jackson, Lafayette, Lake, Levy, Liberty, Madison, Manatee, Marion, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Pasco, Polk, Putnam, Sarasota, Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Walton, and Washington in FEMA-1195-DR-FL; and WHEREAS, the Federal Emergency Managemegt Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for eligible disaster relief activities in FEMA-1195-DR-FL; and ~. AGENDA ITEM NO:~_ COMMISSION MEETING DATE: 5 -11- 98 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT DISASTER RELIEF FUNDING AGREEMENT Robert S. Kosoy/Director of Public Works °~~ May 1, 1998 On 4/14/98 a meeting was held at the Emergency Operations Center at the City of Jacksonville. The meeting was conducted by Ms. Joretta Simmons, the Grants Manager from the Dept. Of Community Affairs, Bureau of Recovery and Mitigation. The recent storm damage cost the City of Atlantic Beach $37,300.50 since 12/25/98, which is the beginning date of the recent disaster. Prior to processing the Damage Survey Report (DSR), the State requires that a Disaster Relief Funding Ageement be submitted in triplicate. This 20-page Agreement must be signed by the Mayor on page 20 and on the same page, the subgrantee must be designated as someone having knowledge of the expenses incurred, i.e. the City Manager or Director of Public Works. RECOMMENDATION: Execute Disaster Relief Funding Agreement ATTACHMENTS: REVIEWED BY CITY Disaster Relief Funding Agreement (3 copies) ,- f n„i~~' STATE OF FLORIDA r ~" ~•'_' DEPARTMENT OF COSINESS AND "r'ROFESSIOtlAL REr;ULATION L' CONST INDUSTRY LICENSING 60ARD (9041 727-6530 ~'w...r' 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 THE GREAT AMERICAN BLDRS & ASSOC 1NC F 0 IiOX 14877 JACKSONVILLE FL 32238-1877 srnreurriuniun AC# yg02460 ,,~ DEPARTMENT OF BUSINESS'-AND - FRDFESSIONAL.;REGULATION;'.:;; :^ ,:::r QB x0008201 10/17/.199.7, '.97-0,1476 Y'a QUALIFIED ~.6USINESS -OFZGANIZATd~ON THE-GREAT'AHERICAN; BLDRS..&r.".-0110 ,. - ~>._ ;NOT A LICENSE _TO,PERFORM~ WORK!. ALLOWS COMPANY TO:'DO'RUS•INESS ~'I IT HAS A LICENSED',,QUALIFIER,:`)'? I S QUALIFIED un0er the provisions oI CR 4 g q r E.prauon Data: A U G 31 r 19 9 9 -. DETACH HERE >; +3:+s . STATE OF FLORIDA I!'(~ A~s~Q ~' ", ArC# ~ H D r s ~ N i ., , , . @o `. : ~: ~ ~ T~ ONAL•R ESSI ESS ANU~~~PROF I ~OF ~2U E '~" ~ r ~~ k a{~ , y ~ EGULATION a~i+ { '--; 4 <M . ~ , 5 N FDEPARTr[ NT ,•~ a¢ i ~ i ~ s ~ {~~ ll•~t~•i~ur.~N'+k~.. _.. ,rte gi,_,y'~„CDNST ~;I NDUST,R f. LICENS,I NG"GOARD. F al•.,, r <-is"^ ;r~-. X10%17/1947 .97014761 <QB~ 0003201.' ~~ .'.. ;:,~,;,•,:~,~ ~rne ~'B SINESS'ORGANIZA~TIDN ~ db ~a N ~"xi.. ame e w IS QUALIFIED Under the provisions DI CfiapCer 489 FS. - , Eipiration date: AUG 31 . 1999 ' <,'(THIS< ISM NOT A .LICENSE .70 PERFORM WDRK. THIS ALLOWS THE . : '•^.COMPANY; TO '.DO'BUSINES,S'DNL'Y'IF IT HAS A QUALIFIER.) _ ~- . ~ '. a r. .,~ : <`THE GREAT AMERICAN-BLDRS & ASSOC INC , P 0 BOX 14877 ; ~ .,JACKSONVILLE - FL' 3223E-1877 - -• >~ • 'LAWTON CHILES DISPLAY ASREOUIREDBYLAW RICHARD T. FARRELL SECRETARY rnurr~unr.• w a W H W J a O U of z i o ~ - j, o `r I IaI ; z . L ~p I I ~' ~ I ~ ° ° I I I o o ~~ ~ ~ I o I I ° ~ ¢ I I I "' I I ~ I ~ I ° I I I I Y ch co I I ~ ~ 0 ~ a o I I R ~ NN l9NN W < 7 N~ <~cq ~ N '- I o~o~° i ~ I Ipl ~ ~ -1OOO ac-`°°,~ i I , 7 7 p~ O tq O v I I =mLL N r~LLL~ I ~a ~ I =~ _ >- >~ o =t I U «: r l U(7 O~ CJ (n O C N fA ~p U U ^ ~ N Y I aD V ° L ~ U O ~~ I r-~~m I -y I I ~ I N I O I~' CI I I ~ ° ~' I I~ ~ ~ ~ I lal ~ ~ ~ _ ~ v v ~a o~' 0 Z ° m ~ I ~ °" ` I °° J m Q' m _~ ~$£Z~4 ~£I~£Q~lL CONT~~ECTOB. LAIC. cs tacos • cu coueu sass ~o~r~sspY~:. sntr~ z Jl4C!(SONYLLL£, fL 31317 (90~) 739-3366 • FltX (90~!) TS9-667E April 8, ~9s8 To Nfiom It May Ccnczh: Dear Sirs: I have oontr'acted r~th Great Americm &eiders and Assocates. Inc. in the Pest and have had ra . resets or complaints with iYs work ar persrxnel. Great Amerfwn Briiders and gssodates, Ina is an extremely professional and oompeterR oorrlrador. To site one Prolecl as an example. we cornracted the excavation d drakre6e ponds for the Charlton County State Prison in Fdkston, GA. The project was completed arxl approved I do not treat recommendations lightly, and do nol hesitate to issue one for Great American Bidders and Associates. Inc. Sincerely, Lynette Baron President .business Development Advocates, ,fire, P.O. Box 997 Yulee, F132041 July l4, 1997 Dat Poag Poag Surety & Insurance Services, Inc. 6251 Phillips Highway Dear Mc Poag, Crcg ]3owlcs and his company, The Creat American Builders, Iuc. have successfully completed tlic following projects forme, my companies, and real estate holdings: Repairs and remodeling to offices at a properly I owned and subsequently sold at 118813ert Road, Jacksonville, Florida. The total cost of these projects was approximately $15,000. Interior and exterior repairs and maintenance to any home a[ 3967 T'irst Avenue, I'cntandina Bcaclt, Ploricla. T1tc approximate cost of these projects was $4,000. Office additions, remodeling aad repairs for Stewart-Walters, Iuc., my fontter company. 1'he approximate cost of these projects was $5,000. Crcg also facilitated a roofing contract at the Bert Road property that I awarded to a Jaeksottvilte general contractor. I would not have hired that contractor without Greg's ittvolvcment. The approximate cost of that project was $16,000. I lta~c agreed to work with Greg's company on an as needed basis. My duties will Uc to assist in tltc bid process, in tracking costs throughout the various projects, in matketittg the company's services, and in administrative services, such as selecting bonding and insurattec companies. I would Uc happy to discuss with you my involvement in The Great Americau Builders, Inc., or any other matter, at your convenience. Please ]ct tnc know if I may be of service to you. Sincerely, ,~~ 1~- Kennclh R. Walters 1'l~one: 904-22~-2018 Pax• 904-225-2042 email: kenny3w@net-magic.nct ~. International Insurance M Gctald B. Farlow Lawrenceville es, Inc. ary L. Pridgen Jxksonville July 13, 1997 To Whom It May Concern: Re: Gregory A. Bowles I contracted with Greg to remove and replace a rotted cypress deck at 4160 McGirts Boulevard, Jacksonville, Florida. He completed the job in a timely and workmanlike manner and left the jobsite clean. I was extremely pleased with the finished product and cost standpoint. 4575 S~ Jahns Avenue, Suite 4 • JxktonviLc, Florida 32210 • (904) 3g4-1204 131 Hanarry Drive • Lawrenceville, Georgia 30245 • (40495-9850 A ORD CERTIFICATE 0F LIABIL ITY INSURANCE CSR BB °"TE"11DO^'" . ,,.,. .... :_, ,,, ,,. :. GREAT-2 ~~ ~ 06 28 98 ~D~~ THIS CERTIFICATE 16 ISSUED AS A MATTER OF WFORMATN]N McNeill, Wall i Garrison ONLY AND CONFERS NO RIGHib UPON THE CEATIFlCATE 1211 North Third Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OI1 P . O. BOx 50069 ALTEIE THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jacksonville Beach PZ 32240-0069 COMPANIES AFFORDING COVERAGE McNeill, Wall L Garrison COMPANY N 904 24 A Evareat National insurance CO o - -2365 Eu Na. INEYIED COMPANY B COMPANY The Great American Huildara C 6575 St. John's Ave., Suite 2 Jacksonville F1. 32238 coMPANY p COYERADES THIS IS TO CERTIFY THAT THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLNY PERIOD WDICATED, NOTWRHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAW, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUIUECT TO ALL THE TERMS, E%CLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR 7YPF OF INiIMNICE POLWY NLMB[P POINT FFiECiIVE AoUCY EAANIITION IMtTi DATE OAEwDO/Yl7 DATE IAIAVDD/YYI OEN aNLNNIUTY GENERAL AGGREGATE t COMMERCIAL GENERAL DABIDTY PROpUCT$-COMPA1P A00 t CWMS MADE OCCUR PERSONAIi ADVINJURI' E OWNER'S l CONTMCTOR'S PflOT FACN OCCtM11ENCE 1 RRE DAMAGE Wry a.N hNl i MFD FXP WryaM SM.W i AU EOMOMM UAmLITY ANY AUTO COM&NED SINGLE DMIT 1 ALL OYMfD AUTOS BODILY WJIMY i SCMFDUlEO AUTOS Pr PMEeN NIRFD AUTOS BODILY INJURY E NON-OWNED AVfO$ IPM Kw0~nl1 RIOPFRTY DAMAGE i GARADE UANUTY AUTO ONLY • EA ACCIDENT i ANY AUTO OTHER TXAN AUTO ONLY: _...... ~, :!:: "j:'. EACH ACGOFNT t AGGIIEOATE i E%CEEi UAYUTY EACH OCCUMENCE i UMBRELLA FOAM AGGREGATE E OTHER THAN UMBRELLA FOAM i WORKae COMPENEAiN1N AMO • z WC STATLL O ,s. ;~: ewwreu uAmlRr n EADH AtoDENr t 100 000 rNf PROPaETOw PMTNERS/FXECIITIVE Z INCL 2700000826971 08/05/97 08/05/98 nDlsusE-vouw ulArt F500 000 OFRCFAS ARE: EACL nOISEASE-FA fMROYEE ilOO OOO OTHER DEKgTON OF OP6NTIONiMCATN)NfNFMCIES/fRCIAL RFMi PROJgCT: Conatructioa of New Lifeguard Ststion in Atlantic Seach Hid (9798-20 CERTIFICATE HOLDER ~ . ' ~ ii CANCELlAT10N , - i '% 3 `/' = -. , ,~ ..: /„ , i i .~l /,,, is,,, ..,,,,,. ~.'1TYJ-1 iNOLNn ANY OP THE ANOV[OriCaae)PDMCIeI i[CANCeJl9 mlAmM E%{IIUITNIM DATE TINieDF, T11E mWIMO COMPANY WILL eR1FAVON TO MNL 30 DAYf wNRTEN NOME TO TIE CaRNECAT[ NDIaw NAM®TO Tla Ea<T, Cltl~ of Atlantic Beach 800 Seainole Road iVf FAMINE TO MNL SUCH NOMEiNALL aaoiE NO OiuoATwN OR UAiaTTY Atlantic Baaeh PI. 32233 oP ANY MIND IMOM THE COMr Rt AOeETi ON ATMs. AVfMORIZFD RFENFNOfTA1M ~ McNeill, Wall i Garrison ACOR026-S (1/96) / ~ ~ '„ ' ~ , ` 'i . .//.i~ i:~:;OACORD:.CORPA~T10N 1880;" ~~y% ! -~~ ~~~r . ~ . .~ ,, ., ;.~ /., , i ,n,,, ; ~., , , .,i, ,, , .,,, , , o n A CORD DATE (MMJDD/YYI "' 4/28!98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POAG SURETY 8 INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6251 PHILLIPS HIGHWAY, SUITE 6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. JACKSONVILLE, FLORIDA 32216 COMPANIES AFFORDING COVERAGE 904-739-0020 wMPANr A TRAVELERS INSURED THE GREAT AMERICAN BUILDERS coMPANr & ASSOCIATES, INC. e P. O. BOX 14877 _ COMPANY JACKSONVILLE, FLORIDA 32238 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N07WITHSTANDINGANY REOL'IREMENi,TERM ORCONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B V THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSION$ AND CONDRION$ OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTRRi DATE IMMRJD/YY) POLICY E%RRATION DATE (MMIDOf/1/) LIMITS GE NERAL LU181LRY 680780Y7605 03/14/98 G3/14/99 (GENERAL AGGREWTE IS 1,ODD,000 A X COYNERCUIGENERALIIABILRY PROIXKTS-CgMP,pPAGG S 1 OOOOOO CLAIMS MADE a OCCUR I pERSONAI d AOV INNRY 3 SOO OOO DYMERS dCONTRACTORS PROT (EACH OCCURRENCE 5 SOO,000 FIRE DAMAGE (My me ke) ~ 5 300,000 MED E%P (Mry me perm) s 5 000 AU TOMOBILE LIABILITY I ANV AtJTO CO~ SINGLE uMR j f ALL OWNED AUTOS BODLY INJURY S SCHEDULED AUTOS ~ i IPa persm) HIRED AUTOS BODILY IWURV NON-0WNED AUTOS ~ (Pe. accemq ~ ; S PROPERTY OAIMGE S ~ I RAGE LUU3IUTY ~GA ~' AUTO ONLY-EA ACCIDENT S I T ANY AUTO OTHER THAN AUi00NlY: I I EACNACCmENr I s I i ~ AGGREWTE ~ S E%CESS LIABILITY I i EACH OCCURRENCE ! S I UMBRELLA FORM ~AGGREWTE j S I OTHER TNAN UMBAELU FORM I ~ S WORKERS COMPEMSAnON AND I I T~O0.vTUUif I En ~ EJAPIOYERS LIABIIfTY El EACH ACCIDENT 5 M veOVmETOw PABTM:RSCacvrrvE ~ INCL ~ EL DISEASE - POLICY LIMB 5 ClFK.ERS ABE: EKQ EL DISEASE-EA EMPLOYEE( f A I I~1~~LLATION FLOATER 1 680780Y7605 03/14/98 03/14/99 I $150,000 i CONTRACTOR EQUIPMENT 100,000 DESCRIPTION OF OPERATIOMSA.OCATKINSNEHICLESISPECULL REVS RE: CONSTRUCTION OF NEW LIFEGUARD STATION OLD SHOULD ANY OF ME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ATLANTIC BEACH EJVIRATON DATE TNEREOi, THE ISSUMG COMPANY WILL ENDEAVOR TO MNL P. O. BOX 51389 30 DAYS WIUTTEN NOTICE TO THE CERnFICATE IbLDER NAMED TO THE LEFT, JACKSONVILLE BCH., FL 32240 BUT FAILURE TO MAIL SUCN NOTICE SHALL IMPOSE NO OBOGATION OR LU&UTT OF ANY WND UPON THE COMPANY, RS AGENTS OR REPNESEMATNES. AIjtHO(312fJt RE~QES~,d4TATIVE NOBEL INSURANCE COMPANY GENERAL POWER OF ATTORNEY 657056 KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, wnstituted and appointed, and by then prcscnls does make, constitute and appoint Fitzhugh K. Powell, Sr., Fitzhugh K. Powell, Jr., Stanley L. Storey or Robert Thomas Thesis its true and lawful attorney-in-fact, for ii and in its name, plan, and stead to execute on behalf of Dre said Company, as zurcry, bonds, undertakings and convacls oCsurctyship to be given to ALL OBLIGEES provided that no bond or undertaking or convect of suretyship executed undo this authority shall exceed in amount the sum of ********Five million dollars ($5,000,000)******** This Posver ofAttomey is granted and'u signed and scaled by fauimilc under and by the authority of the following Resolution adopted by the Doard of Directors ofthe Company on the 24th day of Augus4 1995. "RESOLVED, Ihat the Chairman of the Dowd. the Via Chairmen of tae Board, tae Pruidm4 an Fxeeulive Vice President a a Senior Via President a Via President of the Company. be, and tact each a wy of them is. wUOdred to aavte Powers of Attorney qualifying tae aoomey-im•faa named in tae gism Powm of Attorney to uecute in behalf of the Cmmpmy, bonds, undertakings and all eanaans of suretyship; and tbat m Assistant Via PraidmL a Seaetuy err n Assinmt Seerctary be, and that each or any of them hereby is, authodnd to gnat Ne exewtia of wy wch Power of Attorney, and to attarA dtacw tae sot of she Company. FURTHER RESOLVED, that tae signature of wdr oRcen and the seal of the Company mry be alrued to any such Power of Anotnry err to any eenifinte relating themo by facsimile, and any sash Power of Attom<Y a cdtifiate boring sash facsimile aigmature a facsirile seal shall be valid and binding upm the Company who w alrxed and in th< fu!urc wish ttapect to wy bond, undertaking a emnaan of saretydrip to whica is u xtarhed." 1n Witness Wherrof, NOBEL INSURANCE COMPANY hss eased its olDcial sd to Ix hcmmto alrueQ and these presorts to be signed by erne of iu Vice Praida~s and auaud by one of its Assis.ant Vice Praidrots Nis In day of Oetoher, 1995. AttcsC . .r .. r. William Osceola Gordon, Assismnt Via President STATE OF GEORGIA } ss: COUNTY OF DEKALB NOBEL INSUKANCE COMPANY 6y ~- ~ • ~-~ Emil B. Askew, Via Presidat On this I st day of October, 1995, before me personally came Emil B. Askew, to me known, who being by me duly swum did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY, the wrporation desuibed in and which executed the above inswment; that he knows the seal of the said corporation; that the seal alrixcd ro the said inswmcnt is such wrporate sW; that it was so aRxed by order of the Board of Directors ofsaid corporation and that he signed his name Dtercto by like order. oraiou SFAt ~-•. :..: ~ u-, t[n.'WA M. WE •~ J;• rn.rJlr ausuc rr rxwrusvox axvme aucusr a. tsq CERTIFICATE v~,,.a- yL ~a~_ Lenora N. Cape NOTARY PUBLIC My Commission Expiry August 3, 1998 I, the undersigned, an Assistant Secrenry of NOBEL INSURANCE COMPANY, a Texas wrporuion, DO HEREBY CERTIFY that dse foregoing znd attached Power of Attornry remains in full fora and has not ban revoked; and Ponhermorc that the Resoluton of Ne Board of Directors, sit forth in the said Power o(Attomry, is now in fora. Signed and zcalcd at the city ofAtlanta in the Sute o(Cxorgia. Dated the 29th '•. SEAL ~ ~~ day or April .19 98~ A ~' / Charles B. Cape, Au'rslasl Sccretry -~~ NOBEL INSURANCE COMPANY SUITE 402 2296 HENDERSON MILL ROAD ATLANTA, GEORGIA 30345 BID BOND BOND NUMBER: BID DATE: April 29, 1998 KNOW ALL MEN BY THESE PRESENTS, That we, The Great American Builders and Associates, Inc. (hereinafter called the Principal), as Principal, and NOBEL INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the State of Florida (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Atlantic Beach (hereinafter called the Obligee) in the penal sum of Five percent ( 5 %) not to "exceed Dollars ($ )for the payment of which the Principal and Surety bind themselves, thew heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION u such, that whereas the Prittdpal has submitted or is about to submit a proposal to the Obligee on a contract for Cons truc t a New Lifeguard Stacion in Atlantic Beach NOW, THEREFORE, iE the Obligee shall accept the bid of the Prindpal and the Prittdpel shall enter into a Contract with the Obligee, and provide a performance and payment bond with good and strf[ident surety for the performance of the work under such contatct and Eor the payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contnsct and give such bond or bonds, if the Principal sha0 pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract wilt another party to perform the work covered by said bid, then Chu obligation shsB be null and void, otherwise to remain in full force and effect The obligation of the Surety under this Bid Bond is conditioned upon the awarding of the contract by the Obligee within sixty (60) days from the bid opening, or such lesser time as u spedficaBy designated in the bid documents. Signed and Sealed this 29 Chday of April 19 98 , in the presence oE: The Great American Builders and Assoc., Inc Princpal GREGORY A. BOWLES ~,at,r1 I __ (~ Title NOBEL IN N O AN~ BY: (Seal) Attorney-In-Fact Robert Thomas Theus Florida Resident Agent /329540528 CITY OF ATLANTIC BEACH • DOCUMENT REQUIREMENTS CHECKLIST 'BID BOND (if required on this project). ORIGINAL Insurance Certificates (copies, Xeroxes, or facsimiles are UNACCEPTABLE), naming the City of Atlantic Beach as Certificate Nolder, showing they have obtained and will continue to carry Workers' Compensation, public and private liability, and property damage insurance during the life of the contract. /, Three (3) references from companies or individuals for whom the bidder.has completed work or provided a product during the pas[ 12 months, of a comparable size and nature as this project. However, naming the City of Atlantic Beach as a reference on past projects is UNACCEPTABLE. / f Proof of Building Contractor's Licenses (copies are ACCEPTABLE) Signed copy of Document Requirements Checklist. The above requirements haCve~been noted and are understood by the bidder. _ SIGNED: 't-\L~(~~?s~ _ (Bidder or Agent) DATE: 71i I G !4 BID N0. / /~?H - PROJECT: CONSTRUCTION OF NEW LIFEGUARD STATION AT ATLANTIC BEACH QUALIFICATIONS Water/Sanitary Sewer does not include lift station if required. It is assumed that a gravity line will suffice for the project. We assume that this line will be no deeper than five (5) feet below ground. /..:; - - - BID N0. 9795-20 -CONSTRUCT HEW LIFECUA.RD STATION IN ATLANTIC BEACH BASE BID (In conformity with the provision of nrawing Sheets 1 through 8 inclusive, and the Description of Materials dated 2/4/98, prepared by William Morgan Architects): s 5,2, 200,C~~~j~;~{-~oh~ ADDITIONAL SUM OF MONEY RE UIP.ED TO ACCOMPLISP. EACH OF THE FOLLOWING THREE CONTRACT ALTERNATIVES: ALTER:7ATIVE 1 ALTERNATIVE 2• ALTERNATIVE 3: SUBMITTAL• 5~ . ~~ s~rW ~r~.oo 5~ ~1~1.CY~ GREGORY A. BOWLES BIDDER GREAT AMERICAN BUILDERS - AND ASSOCIATES, INC. 4575 St. Johns Avenue Suite 2 JACKSONVILLE, FLORIDA 32210 BUSINESS ADDRESS CITY, ST. ATE AND ZIP CODF. DATE: ~-P2(L? ~ t~ BY• SIGNATURE TITLE ~a-i -3f37-y~.~E7 BUSINESS TELEPHONE CONTACT PERSON: ~~it~•. ~,s~~ TELEPHONE NUtfBER: ~ 0~ - 3`B ~ - C.-((p ~Q D~ CSC log(-~s~ 0031 ~~~~, CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Lifeguard Building Bids SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: May 4, 1998 BACKGROUND: The plans for a new lifeguard building were approved by the City Commission several months ago, and the project was advertised for sealed bids with the due date of Apri129, 1998. Only one (1) bid was submitted for a total of 552,300. RECOMMENDATIONS: After reviewing the project with the architect, the Building Department, and the Purchasing Department, it is our recommendation that we review the bid requirements and re- advertise the project for bids. yC s-/l- 98 ATTACHMENTS: REVIEWED BY CITY Purchasing documents. AGENDA ITEM NUMBER: ACT ~..;:.7~3 -------------=STATE OF FLORIDA==-------- Department of Business and Professional Regulation i The - -_ _ ~0'i-- ---- - -- Named~elow~ _ _-- _=_- Under the provisions of CSspter = "' , iS. Esoiratian date: _ . . _ , . 9 4 r..=-~: ter.--~i,:.-.~ti _.v C. LAw1Y ra1Lt. ~JY_~ ~~Ui~ LISP! AY AS REQUIRE'. BY LAW DATE (IAM,DpIYV) j ac~v_ CERTIFICATE OF LIABILITY INSURANC~„,~,~ 1 D4/2B/9B PROS ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Onesource Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Sox 4159 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jacksonville FL 32201-9159 COMPANIES AFFORDING COVERAGE W. Mark Yienger ~"P~ Pna,e NO. 904-356-7778 Fa, RO 904-358-8471 A American Economy Zns Co INSURED COMPAtrv B American states Insurance co. Hash~an Construction, Inc. CAMPANY , Mr. Mark Hashman C FCCZ 2730 Clydo Aoad, Suite N1 coMPANr Jacksonville FL 32207 p COVERAGES ~; THIS IS TO CERTFY THAT rHE POLICIES OF INSURANCE LISTED RELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD PlDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONIXTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I EXCWSKKJS AND CONDRIONS OF SUCH POLICIES. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLJWIS. LTR TYPE OF WSIMANCE POU(.Y MIMBER POLICY EFFECTIVE DATE (MMAxYYYT POLICY EXPIRATgN LIMRS GATE PAMAJCVI'1T GEN ERAL LM&lT1Y I ,GENERAL AGGREGATE '.52,000,000 i A ~ X COMMERCML GENERAL LURRITV 02CC239707-9 07/16/97 D7/16/9B IPROWCT$-CpAPADP AGG 62,000,000 CLAa1S MADE ~ OCCUR PERSONAL 8 ADV INJURY 5 1 , DDD , OOO OWNER56CONTRACTORS PROT EACH OCCURRENCE sl,000,OOO FIRE DAMAGE (Any one ftr<) 5 5D ,ODD ~MED EXp (Any me person) 5 S,DDD MlfOAgBILE LMBILRY ~ I I COMBINED SINGLE LIMIT 5 1 , OOO ,ODD g -~~Arrv AVro O1CC594257-9 07/16/97 07/16/98 ~ ~ JALL ONNED AUTOS I BODILY INJURY 5 I j SCHEDItLED AUIO$ ~ (P`r pers~°r,) ~ ~ X ! NIR[D AUt05 I I ~ BODILY IIUI URY NON-0WNED AUTOS (Per auaOen[) I i ~ I PROPERTY DAMAGE I GARAGE LIABILRY I AUTO ONLY ~ EA ACGDENT 5 ANY Al7f0 ~ OTHER THAN AUTO ONLY. EACH AG^,IOENi 5 j AGGREGATE 5 I EXCESS UABRRY I EACN IX;CURRENCE 5 3 ,DOD , DOO $ ~ UMBRELLA FORM I O1SU083412-9 07/16/97 07/16/98 iAGGREGATE 53, DDD,OOD ~ - OTNER THAN VMBREW FORM I I 5 WORI(ER$COMPENSATpN AND I TOft~MIRS X DER' EMPLOYERS UAB4RY FEL EACN ACGDENT 5500,000 C THE PaovRlErorv piCl OO1WC98A-36141 03/01/98 03/01/99 EL DISEASE-POLICY Iaaf 'SSOO,000 PARTNEASIEXEGUTNE OFFICERS ARE X EXQ EL g5EA5E-EA EMPLOYEE '.5 SOO ODO OTHER jA ContrRental Equip I02CC239707-9 I 07/16/97 07/16/981 ContrRent $200,000 A jOwnedEquip-Spec 02CC239707-9 07/16/97 07/16/98 OwndEquip $ 50,261 DESCRIPTIC!I OF OPERAT:ONSILD',ATICNSNEH:CLE55PECML REMS CERTIFICATE HOLDER CANCELLATION ATLANTI SHC_~LO ANY OF THE ABOVE DESCRIBED PC'JCIES BE CANCELLED EEFORE THE EXP:4 ATION DATE THEREOF. THE I%UIN~ CO'/PANY WILL EN^vE+:OR TO MAIL 3O DAYS WRRTEN NOTICE TO TH%CE+TFICATE HOLDER N=!'Ep TOTI1E LEFT, CITY OF ATLANTIC BEACH Bu;=ALLURE TO MAR SIxHrnr~cE SHAD ~uvosE NO OeLaA-cNDR UAeILRY 800 SEMINOL£ ROAD ATLANTIC BEACH FL 32233 OF o-> IUNO UPpI THE-GC .'ANV dS AOE'L5.-AE REPRESE1f='.: E$ AVTNO ZEO REPRESENTAn '\ W. k Yienger~ ..~„~., ~~ a ,. ~. - CORPORATION 1968 CITY OF ATLANTIC BEACH DOCUMENT REQUIREMENTS CHECKLIST LX I BID 80ND (if required on this project). I_ X I ORIGINAL Insurance Certificates (copies, KEroxes, or facsimiles are UNACCEPTABLE), naming the City of Atlantic Beach as Certificate Holder, showing they have obtained and will continue to carry Workers' Compensation, public and private liability, and property damage insurance during the life of the contract. ee (3) references from companies or individu for w idder has completed work rovided a product during t 12 s, of a comparable size and nature as pro However, naming the City antic Beach as a refere ast cta la UNACCEPTABLE. I_ X I Proaf of Contractor's licenses (copies ARE acceptable). --I - L X Completed Form W-9-Request for Taxpayer Identification f Number and Certification. I_X I Signed copy of Document Requirements Checklist. The above requirements have been noted and are understood by [he bidder. ,// /I /1 / //~ SIGNED: !~ i l%~/ G~ ~"`_ ~ (Bidder or Agent) ~~far c as man, resi end t DATE: April 29, 1998 BID N0. 9798-17 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men ey These Presents, That CONTINENTAL CASUALTY COMPANY, an ItlirWis corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIlti a Pennsylvania corporation (herein coneowely called'Yhe CNA Surety Companies'), are duly organized and existing carporaUOns having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the sgnature and seals herein atfo<ed hereby make, constitute and appdnt Frank H. Dutill, W. Mark Yamaer, Brenda S. Otto, Individualty of Jacksonville, Fbrida their true and lawful Attorney(s)-in-Fact vriUt full power and authority hereby conferred to sign, seal and execute for and on their behaH bonds, undertakings and other obligatory instn~ments of sintilar nature - In Vnlimi[ed Amourrts - and to bind them thereby as fully and to the same extent as H such instruments were sgned by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Pourer of Attorney is made and executed pursuant 1o and by authority of the By-laws and Resolutions, printed on the reverse hereof, d.ly adopted, as indicated, by the Boards of Directors of the corporations. In Witness WhereoT, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto aKaed on this 76th day of January 1996 2A'~~~''w(>` ~ WsRR~f ~`eyrr~u'y? ~' pawirr ~ Y ® ~ b OcO°rowte Z ~ ~ ~ a MT Ii, f u SFJ1L t y4 < ~ t~ ~ test F' CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA i~-~ti- M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On 17tis 16th day of January 1996 ,before me persorully came k1. C. Vonnahme , to me knovm, who, beirg by me duly swum, did depose and say: that he resides N the Village of Darien ,State of Illinois that he LS a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above irtsbument; that he knows the seals of said corporations; that the seals atfixed to the said instrument are such corporate seals; that they were so affoted pursuant authority given by the Boards of Dvectors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the ad and deed of said corporations. 'G. D 2~ C rav,rtr ~~„e% ~~ oe ~,. °k Ge My Commission Expires October 19, 1998 Lirda C. Dempsey Notary Public CERTIFICATE I, John M. Littler ,Assistant Seuetary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth 5 still in force, and further certify that the ey-Law aM Resdutkm of the Board of Directors of each wrporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this ~r;th aay of ,•.:,rj; 1g9i~.. CONTINENTAL CASUALTY CCMPANY CASU4> xtsaRW r>~'w a'? NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ~~~ >c ~ c~ y AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIL ~" Wge'D"~trt ~ y ~ ~ b .K~oW(e Z ~ i i NLT 71. ~ SEJ1l ~ ~s ~ tst .s test ~~ + • • John M Littler AsslstaM Secretary !Rev 7114/95) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Hashman Construction, Inc. as Principal, hereinafter called the Principal, and American Casualty Company of Reading, Pennsylvania CNA Plaza, Chicago, Illinois 60685 a corporation duly organized under the laws of the State of PennSy l Van i a as Surety, hereinafter called the Surety, are held and firmly DOUnO unto City of Atlantic Beach as Obligee, hereinafter called the Obligee, in the sum of Five Per Cent Of Amount Bid------------------- for the payment of which sum well and truly to be made, the said Principal and the Said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bitl for 400 square feet, 1 story, 1 bui Iding, restroom, picnic shelters, docks, walkway, parking lot, signage NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract will the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penally hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work Covered by said biQ then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ~9tt~ day of it ~(rii ~.,'J //~ Ly ~ J1~ /' 1/ ~Iness) , 19 ~,~ ~ ~J`/ Hashll~~C n~cX~tan"," inc . (Principap ($¢y) Mark D. Hashman, President (ripe) American Casualty Company of Reading, Pennsylvania / ~ w~t~ tseatl (wilnes:) - W. Mark Yt>!en er, Aito a in-Fac Primed in cooperai~on with the American Institute of Architects fAIA) by the CNA Insurance I;ompanies. lee language m this documem conforms exactly to the Language urea in AIA Document AJtO ~ &d Bono ~ PeWuary 1971) Edition. c~A G ':.'-0a 1 A Ywr AII,Lr fm,wi,~erl~ li„ Nix.' TRENCH SAFETY AFFIDAVIT -UNIT PRICE FOR TRESCA PROPERTY CITY OF ATLANTIC BEACH, FLORIDA Trench excavations on this Project are expelled to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of c:.r,struction of the Projec:. Bidder acknowledges that included in the various items of the Bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safety Units of Item Unit Measure Unit Extended !Description) Quantity !LF SYl Ccst Cost BASE BID ITEMS: NA 2. NA TOTAL ~ NA FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. COMPANY NAME: ashm n Co [ruction, Inc. DATE. Avril 29. 1998 B'i ~~%% Park D. Hashman, President TSU-t EQUIPMENT AND MATERIAL LISTING THE BIDDER WILL FiJRNISH THE FOLLOWING ITEMS OF EQUIPMENT AND MATERIAL: ;:~ `~' 1. WATER PIPE z^ K- ~ MANUFACTURER ~t~`+%Lsc,...l~i.~/ t.: SUPPLIER 7',.~.n~. ,., ~.~.-... 2. WATER SERVICE PIP MANUFACTURER ~~„ li.~../ ~/ SUPPLIER ~-~-= -~.~ ~-~-- 3. VALVES MANUFACTURER ~ ~~ i~ :'' SUPPLIER ~ _,.~A " 4. MANUFACTURER ~,~~`~- SUPPLIER ~ivr~f ~,~y ~~L 5. IN-PIPE i.iNFR MANUFACTURER ~,~ SUPPLIER ADDENDUM NO. 2 BFU-13 addendum Receipt: Bidders shall acknowledge below the receipt of all addenda, if any, to plans and specifications. ADDENDUM NO. 1 DATED 4/22/98 .ADDENDUM NO. 2 DATED 4 24 98 ADDENDUM NO 3 DATED 4/28/98 AD Et~ID/~JM t~O. 4 Signature Mark D. Hashman RESPECTFjJLLY, S[IB~TTED: I /'~~~ ~ _,~ ~7- ~~~ Signature Mark D. Hashman President Title CG C025014 License Number DATED 4/29/98 President Title (typed) 2730-1 Clvdo Road Street Address ,lacksonville, FL 32207 City State Zip 904/739-1122 Telephone Number (If Corporation, President, Secretary and Treasurer identification.) Mark D. Hashman, President Mark D. Hashman, Secreta Park D. Hashman, Treasurer SERI. (if Bid is a Co oratj6n) ~ ~ i~ Attest ~ 1 = % ~' -- ~ .-~[tachment5~ Mack D. Hashman Equipment and Material List Subcontractor List Trench Safetv .-affidavit Items as listed in the Documents Requirements Checklist BFli-3 SUBMIT IN TRIPLICATE BID FORM FOR TRESCAPROPERTY SUBMITTED BY: CITY PROJECT N0.9710 C[TY OF ATLANTIC BEACH, FLORIDA Hashman Construction, Inc. DATE: April 29, 1998 2730-1 Clvdo Road Jacksonville, Florida 32207 The undersigned, as Bidder, hereby declares that the only person or persons interested in the proposal as Principals is, or are, named herein and that no other person that herein mentioned has any interest in this proposal or in the contract to be entered into: that this proposal is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the places where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all special provisions furnished prior to the opening of bids, that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the City of Atlantic Beach, Florida in the form contract specified, to famish all necessary materials, equipment, machinery tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete in accordance with the shown. noted, described, and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction on the contract with the City of Atlantic Beach, Florida, with a definite understanding that no money will be allowed for extra work except as set forth in the attached general conditions and contract documents, as follows: A. Bid Schedule Only one (1) contract will be awarded. All entries on the proposal must be typewritten or printed clearly and in ink. BFli-I `°`m ~"~ Request for Taxpayer Give form to the (Rev. Marcn tgga) Identification Number and Certification reQUeSter. Do NOT ~,~°r °trhrr,ra_w 5e„dtbinelRS. n:erw Reverx,. Se.v,ce Name (If pint names. Irst hrv and tkcM the twine of tee cerson or envy whose number you triter in Pan I below. See inflnrelioes ee pye 2 N your mine W rJeyel.) $ l " Mark D. Hashman ` Business name (Sole D'oprietors see instructions on page 2J 0 c L Hashman construction, Inc. ~ I Please cneck approprute bnx: ~ IntlividuaV$O~e proprietor C~T Corporatwn ~ Padnersh~p ~ Omer - ,°~ Atltlress (number, street, antl apt. or w~te rro.) Repuester's tame antl address (Optpr,al) a ~ 2730-I Clydo Road Cdy. state, antl ZIP cotle Jacksonville, Florida 32207 Taxpayer Identification Number (TIN} lSt account number(s) here (optbnaQ Enter your TiN in the appropriate box. For indviduals, this is your social security number Social security number (SSNI. For sole proprietors, see the instructions ~ I I j LLL on pa e 2 For other entitie it i m l g p oyer s, s your e idemification number (EIN). If you Co not have a OR For Payees Exempt From Backup number, see Now To Get a TIN below. Withholding (See PaR II Nate: !! the account is in more Char, one name, lmdoyer identificabon number ~ insWctions on page 2) see Lhe chart on page 2 for guidelines on whose 5~9 2 2 4 0 9l 9 1 =umber to enter ~ Cert~cation U^.Cer penalties of perjury, I certify that: t. . ne m_~mber sho•.vn on this form is my corre:.t taxpayer identification number (or I am waiting for z number to be issued to me), and 2. 1 am rot subject to backup withholding because: (a) I am exempt from backup wiNholding, Or (b) I nave not been notified by the Internal Revenue Service that I am subject to bac:.up vnSOhOlding a5 a result Of a iai:ure io report all interest or dnldentls. Or (c) the IRS has n0[i(ied me that I am no longer subject to backup virthho!ding. Certification Instructions.-You must toss out item 2 atwve it you have been notHied Gy the IRS hat you are wrrently subject to backup v: rhno:einq because of undeneporting interest or avidends on your tax return. For real estate transactions, item 2 does not appy. For mortgage interes pad. the acquisition or abartdor:ment of secured property, cancellation of debt, contributions to an irtlmtlual retirement arrangement On:y. and generally payments diner than interest zrC divitlentls. you are not required to Sign the Certification, bN you must provide your cored TIN. I,Also see Part III instructiops on page 2.) / Sign i ~ Here Signatwe r - , , ~~! - Date - 4/29/98 5x!icn references are to the fn:ernal ?e.eru2 Coyer Purpose o1 Form.-A person who is regJi~ed to tilt ac information return with ;he :RS must get your correct TIN to report trireme said w you, real estate !ransact~cas, mortgage interest you paid, the acqulsltlon or abandonment of secured rccerty, cancellation of debt, or contributions you made to an IRA, Use morn SV-9 fo give your crrect TIN to the requester (tne person requesting your TIN) and. e~hen applicable, (t) to certify the TIN you are giving is correct (or you are waiting !or a number to hz issueo). (2) to cen;fy ;ou are not snhiesi to Jackup withholding, c• ;3; In de'_^.. crempt~nn 2•om backup vd`:`,q:o;cq it you are ar. exempt payee. 3~:mq ygJr ccrrect TIN and making the 3Lp~oP'~a;=_ certitlcatidns will prevent coca-. ra7•nents from bogy sub)ect to our;~P :. r, n!~.cld:ny. Note: c a requester yrvcs ycu a form other 7.;- a lY-3 ;~ reque>! your TIN, you mus! -.....5 ~equrs'er's Icrm d it is Substantially What is Rackup Withholding%-Persons ~- --~ ~' pa;m:ens iq you must .... -,c~.: and ~ :, the IRS 31 % cd suUt payments under certain conditions. This is .:ailed `backup withholding." Payments !hat could be subject to backup •::i;hholding include interest, dividends, b*eker and barter exchange transactions, rents. royalties. nonempioyee pay, and certain payments from fishing twat operators. Real estate transactions are not subject to backup v+ithhOltling. It you give the requester your cc: rest TIN, make the proper certifications, and report all your taxable interest antl dividends on your tax return, your payments will not be subject to backup withholding. Paymert5 you receive will be subject to backup withholding it: 2. You tlo not turr,,sh your TIN to the roquester. or 2. The !RS !eta the requester that you turnlsned an inccnect TIN, or , 3. The IRS le!IS you that you are subject to oackup withho~dirq because you d:G not repot, all your ;n;eres! and Oiv~Cends on your tax return tlo: reponab!e interest and d:vid?rids on!YI. or a. You do no' cenity ;c the requester ;net you are not subject to backup v:.ChhOSJmg untler 3 aMve (for rePgrtanln interest and dividend accounts opened after 2983 only), or 5. 'you do not certify your TIN. See the Part III instmctions for exceptions. Certain payees and payments are exempt from backup withholding and information reporting. See the Part II instructions and [he separate Instructions for the Requester of Form W-g. Now To Get aTIN.-If you do not have a TIN, apply }or one immediately. To apply, get Form SS-5, Application for a Sociel Security Number Card (for individuals), from your local office of the Social Security Administration, or Form SS-4, Application for Employer Identification Number (for businesses and all other entities), from ycur local IRS office. If you do not have a TIN, write `Applied For" in the space for the TIN in Part I, sign and date the form, and give rt to the requester. Generally, you will then have 60 days to get z TIN antl give it to the requester. If the requester does trot receive your Tw within 60 days, backup vr.',hhOlding. i1 applicable, will begin and wntinue until you furnish your TIN. .,~. .. t0'J3:• cym W-91Re+.7-gar ate ~t of ¢C oria~ a I cer:i=y :rom t e:ecor_s o::-is o:~:ce :.':a:r'_~~i31~1 a~i C Oti ~ :'~ ~"C :":0'i. IvC. is a Jor~ora:io:_ orga :'ced under :?:e ;ate: s OL t'2 ..3 _? OC::O !:C 2. `:?= JC ~°_C°_.^.. ;2r `~~?, :?~?_ T-e doc_ce~.-u~;~ero...:scorpora::o:.Is G5;3s. I __-:^er cert::•: taa: sz:c co-~orz:'ot: izs paid all ;ees dLe :4is o~:;ce :_.roLg Decerber.ii.:9Eo", z-c its ra ~s is acr.~e. rmrt ¢rtDe^ trty FjanD artD tt~r ~r_st r e31 ai the ~tatr of Stur.Da. 3t Z.il~ .^3532°, the `G3pII3I, [fiL SIP :pt a3D of 1'Iarci. 19So. ~~ ~~ ~'ent*;t ~tzstnrte met-zt.:n oI ~t3iP 5e~a:;atrai of ~taiP ''.C7C[ :-i9 BSi05i98 1038 E 8l3 873 2293 URXES 6 1100RE 82 DAMES & MOORS i.~ik7R7 ~ avus a nKNn¢ cnwr f:un~rnny May S, 1498 Mr. Timmy Johnsen City of Atlantic Beach 8UU Seminole Road Atlantic Beacll, Florida 32233-5445 Re: Tresca Park llld Rc~ul19 Dear Mr, Johnmu; l )ue North Ualr Mabry HiXlro~ar \Ililf 7fN1 '1'awYa, I~IuriJa 336!19 X1.1 X75 11IS'Iil X1;4 Xli 7124 F~aa Asper your request, Dames & Moore has reviewed the bids that Ute City of Atlantic Beach received for the'1'resea Yark project. It was noted t}4ut the low bid of $409,G87. Lxxceeded the engineer's cost estimate by S1UU,000. phis letter oll'ers D&M's opinion as tcl why the bids exceeded the cost estimate. ' I . Ttte engineer's cost estimate is one year old. 2. The limited nwnber of bids did not provide a competitive bidding situation. 3. The construction industry is booming and many wniractors are not even bidding on work. 4. Private sector work with negotiated ices are more desirable and profitable to contractors. 5. This relatively small contract did not create much interest. 6. The work in the wetlwtds is risky and not something many contractors are used to building. 1'lcase keep D&M informed of the City's plans to go forlvard with the project. 4 SInCCICIy, DAMES & MOORF ~J.~•~ vV• ~mr Dervtis W. Syrja, P.E. Coltstruction Services Maltager CITY OF r~re~•~ ~~ - ~lo~ri4fa 800 SFAtINOLE ROAD ~_ __~.__ . ___- _- _ _ __-.~ . __ ATLANTIC BEACH. FLORInA }22J15115 TELEr710NE (9071 247-5800 ~~ FAX (9031 247-5805 Apri121, 1998 To: Joan LaVake, Purchasing Agent From: Timmy Johnson, Recreation Director Re: Prequalifled Bidders for the Tresca Property Joan, below is a list of prequalified bidders for the Tresca Property. Dames and Moore reviewed the bids and mailed the attached letter to the bidders that qualified. Dicky Smith 12740 Atlantic Blvd, Suite 7 Jacksonville, Fla 32225 BGOC, Inc. 7036 W. 12th St. Jacksonville, Fla 32220 Hashman Construction, Inc. 2730 Clydo Road Jacksonville, Fla 32207 Nooney Construction, Inc. 4624 Edison Ave. Jacksonville, Fla 32254 Cornerstone Construction Aegis-Cornerstone, Inc. 170-G College Dr. Orange Park, Fla 32065 i N v ~ .8 a O E O C u n m m O O i .a o u. U W Y 2 4 O ~ H P. y C u ZW 00 C. b O M U O Z U Q U W 4 = ( . p X H u W N ri O ~ U ~ W O ,,, LL c U o a. o ¢ o u- = z sa n X o u f ,~ Q °zn ~ a } F W w U m W U o v F H ' a Z v G Q ~ X _J H ~ W H z .+ V~ Q i W U n m R ~° . x u X v i Y- T < ~ O 5 ^ i ? J W F X V N W . '1 U .~ W n ~ ° a x °~ I ~ ~. 0 U 2 O gg 5 n ° ~ o W O H m ti O ~ W n ~ W ~ a 0. P V_ W W m ~ I C I o Q ~ ~ Q Prequalification ofBidders will be required by the City of Atlantic BeaclL PrequalifiCation packages as described in the Instructions to Bidders will be received prior to 4:30 pm, Wednesday, April 1, 1998, iu the Office of the Purchasing Agent, 12A0 Sandpiper Lane, Atlantic Beach, Florida, 32233. Notification of Acceptance or Rejection of the Prequalification package will be sent to all submitters via FAX or overnight mail on April9, 1998. ONLY SIDS FROM P F UAI,IFLFD BIDDERS WILL BE ACCEPTED. Any prospective bidder who has previously been prequalified by the City of Atlantic Beach for this type of consuuGion within one (1) calendar year prior to the established bid opening date shall not be required to submit a PrequalificationPnckage. However, the prospective bidder shall submit a letter stating his previous Prequalification. There will be aPre-ffid meeting held oa ApriL 20, 1998, at 2 pm, at 7l6 Ocean Boulevazd., the Adele Grage Community Center meeting room, to discuss the project and to answer any questions TH[S IS NOT A MANDATORY MEETING, BUT IS QNLY FOR PItEQUALIFIED BIDDERS. All bidders roust furnish the following W LTH THE BID: 1. Bid bond in the amount oC 5% of the bid. 2. Original lnsu[ance Certificates (copies aze UNACCEPTABLE), nami ~ the City of Atlantic Beach as Certificate Holder, showing the bidder has obtained and will continue to carry Workers' Compensation, public and private liability, and property damage insurance during the life of the contract. 3. Proof of contractor's license(s). (Copies aze acceptable) 4. Complete Form W-9 request for taxpayer identification number and certification. 5. Signed copy of Documents Requirements Checklist, included as part of the L~structions to Bidders. A Performance and Payment Bond will be required of the successful bidder- Bid prices must remain valid for ninety (90) days after the public opening of the bids. Goods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlantic Beach reserves the right to reject any or all bids or parts of bids, waive u~formahties and technicalities, make awazd in whole or in part with or without cause, and to make tite award in what is deemed to be in the best interest of the City of Atlantic Beach. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime ntay not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids otr leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount as provided in Section 287.017, for CAT$GORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (Section 287.133(2), FLORIDA STA"fU"fF..S). ITH-2 R00 SIiAIINOLIi ROAD A'1'LAN'1'IC nEACfi, F'WRIUA 3Y133-5445 TELEPHONE (9041 2a7-5800 rnx 19oa1 za7-5so5 SUNCOAI 852-5800 March 12, 1998 CITY OF ATLANTIC BEACH, FLORIDA INVITATION TO BID Notice is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, submitted in TRIPLICATE, at the OfTice of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida, 32233, until 2:30 pm, Wednesday, April 29, 1998. Thereafter at 3:00 pm the bids will be opened in the City Hall Commission Chambers at 800 Seminole Road, for construction of the 1'resca Property. Bids shall be enclosed in an envelope endorsed "BID NO. 9798-17, PROTECT NO. CP9710, 7'ItESCA PROPERTY, TO BE OPENED AFTER 3:00 PM, Wednesday, April 29, 1998." CON"TRACTOR shall furnish all labor, materials, tools, equipment supplies, services, supervision and rrtanagen)ent necessary to complete the entire work described in the Contract and all other work implied by the Contract that is necessary to complete ttfe Project in a first-class manner (the Work). Only that work expressly noted in the contract as the responsibility of others is excluded. No deviation from the Contract shall be permitted without City of Atlantic Beach's prior written consent. 7'he Tresca Property project includes, but is not limited to, roadway, parking lot, trans and boardwalks, signage, and buildings. Plans, Project Manual and Contract Documents will be open to public inspection, and bidders may obtain complete sets of Bidding Documents from the Office of the Purchasing Agent, 1200 Sandpiper Lane, Atlantic Beach, Florida, 32233, upon payment of $ 45.00 per set, checks payable to the City of Atlantic Beach. Payment amount is non-refundable. Partial sets of Bidding Documents will not be available. Documents will not be shipped until payment is received. Bidding documents may be examined in the office of the Purchasing Agent at 1200 Sandpiper Lalle, Atlantic Beach, and will be on file at the following local plan rooms: Dodge Report, 1809 Art Museum Drive, Suite I04, Jacksonville, Florida 32207, Tel, f904) 398-] 564; and the Construction Bulletin, 532 Edgewood Avenue, Jacksonville, Florida, 32205, (904) 388-0336. ITB-1 AGENDA ITEM NO. '~ B COMMISSION MEETING DATE:6=//- 9~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Action on Bid No. 9798-20 -Construction of the Tresca Property SUBMITTED BY: Timmy Johnson, Recreation Director DATE: May 4, 1998 BACKGROUND: The bid opening for the Construction of the Tresca Property was held Wednesday, April 29, 1998 at 3:00 PM. The fum, Dames & Moore proposed that the preliminary cost would be 5300,000. The lowest bid was 5409,687; 5109,687 over the budgeted amount. Attached is a letter from Dames & Moore explaining why the bid prices were higher than the original estimate. A copy of the bid specifications is in the City Clerk's Office for review. The following is a list of bidders and their bid: Hashman Construction 5409,687 Nooney Construction 5491,000 BGOC, INC. 5494,747 RECOMMENDATION: Reject all bids and rebid the project. ATTACHMENTS: Invitation to Bid Bid Tabulation Sheet Lowest Bid (Hashman Construction) List of Qualified Bidders , A letter from Dames & Moore REVIEWED BY CTI'Y 5-~1-98 CITY OF 1~actle ~taelc - ~lattda coo seMnvo~ eoAo ATLMTIC BF.1[.'!1, F1.ORmA X321}SKS TFJ.F.RIONE (SW) 2fr-SBOo FAX (90q 2~b5805 Jim, here is a recap of activity at tl)e Adele (;rage Community Center for the month of April, 1998. Group/Event # Mtgs,'L•vents # People %"Total Use TIILATLR (Room A) rii3%1' Set Bldg./Performances Rehearsals and Workshops 34 442 6G Leleche I 2U 3 Nar;4r.cs Meeting 4 100 15 receptions 1 75 I l Beaches Co-op 1 30 5 't'()'1'AI.S 667 IOU°io n'ICl:~rltvc xvom pt00111 u> :1.1 ^::Ming 8 103 35 Board Meetings 7 134 43 CribhagelScrabble 5 48 14 7 ravel Group 2 24 8 'I'()'1'ALS 314 i00"/° 'Dotal Number of people using the Theater --- GG7 (r8% 'T'otal Number of people using the blecting Rooro- 314 32% 'i'ol:)f Yun,ber of people using the Adclc Gragc Cmnmunety Cen(er -- 981 100% ` Tor Jim Jarboe, City Manager From : "finuuy Johnson, Recreation Director/_%// J Ite: Usage Report, Comnnmity Center, April, `98 Atlantic Bcach Fire Department T Y P E O F S I T U A T I O N S TAT I S T I C S 04/01/98 thru 04/30/98 This Last This Mo This Yr Last Yr Yearly Month Month Last Yr to Date to Date $Change ?ices 1 - 0 9$ 3 2.7$ 0 0.0$ 10 2.3~ 12 2.9$ -20.0 ?alse Alarm 1 0.9$ 0 0.0$ 2 2.1$ 8 1.8$ 5 1.2$ 60.0 Disasters o 0.0$ 0 0.0$ 0 0.0$ 0 0.0$ 0 0.0$ 0.0 Jeh Fires 1 0.9$ 2 1.8$ 1 1.1$ 4 0.9$ 4 1.0$ 0.0 3az. Cond. 1 0.9$ 0 0.0$ 0 0.0$ 1 0.2$ 0 0.0$ 100.0 3rush/Trash 5 4.7$ 2 1.8$ 2 2.1$ 9 2.0$ 6 1.4$ 50.0 disc. 12 11.2$ 12 10.7$ 6 6.3$ 52 11.7$ 56 13.4$ -7.7 dutual Aid 13 12.2$ '_3 11.6$ 14 14.7$ 49 11.0$ 32 7.7$ 53.1 dedical 68 63.6$ 76 67.9$ 65 68.4$ 296 66.5$ 286 68.6$ 3.5 illegal Burn 1 0.9$ 0 0.0$ 0 0.0$ 2 0.5$ 4 1.0$ -100.0 3pi11/Leaks 3 2.8$ 3 2.7$ 1 1.1$ 9 2.0$ 3 0.7$ 200.0 lower Lines 1 0.9$ 1 - 0.9$ 4 4.2$ ------ 5 ---- 1.1$ -------- 9 ----- 2.2$ ------- -80.0 ------- --- Tota16 ---- 107 ------- --- 112 --------- ----- 95 445 417 ~s CITY OF ,~ ~~ - 3. -_~___- . May 4, 1998 TO: Jim Jarboe, City Manager THROUGH: David Thompson, Public y Di for FROM: John Ruley, Fire Chief--~~' REF: Monthly Report for April, 1998 ATLANTIC BEACH FlRFJRESCUE 850 SE!NINOLE ROAD ATLANTIC BEACH, FLORIDA 3??33 TELEPHONE (9031 ?37-5859 Attached is a copy of the data from the run reports for the month of March 1998, and a comparison of runs for April 1997. As indicated for the month of April 1998, the Fire Rescue Department responded to 107 calls for service. During the same time last year (April 1997), the Fire Rescue Department responded to 95 calls for service. The average response time for the month is about three minutes and is well within the normal response time to calls within the city. This month our calls for medical related service are about 64% of our total call volume, or 68 calls. This figure is 5% lower than last year same month. The fire related call percemage for this month is about .9% of our total call volume, or 1 calls. This figure is .9% higher than the same month last year. There was one (1) structure fire and one (1) other fire involving vehicles that caused an estimated property loss of $2,500. April represented a total property value of about $204,000. The estimate net property saved was $201,500. During April, the Fire Department conducted 7 tours of the station, of which 36 children and adults participated. There were 64 citizens that frequented the station to have their blood pressure taken. The Fire Inspection Division conducted 3 New Occupational License Inspections and several reinspections. The total amount invoiced this month was $140.00 of which $140.00 was collected. Note: In the area of the 1700 block of Beach Ave., about 100 feet of the sea oats burned as a result oftwo (2) adults (18 & 2t)shooting off illegal fireworks. 5~A 5- JJ- 98 City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: FIRE DEPARTMENT MONTHLY REPORT FOR APRIL, 1998 S[JBMITTED BY: John Ruley, Fire Chief DATE: May 4, 1998 BACKGROUND Attached is a copy of the monthly report and Sre report data. RECOMMENDATIONS: To have this report part of the consent agenda for the May 11, 1998 commission meeting. ATTACHMENTS: Copy of the Fire Department monthly report and Sre report data. RECEIVED BY CITY MANAGER: AGENDA ITEM NO. CITY OFATLANTIC BEACH Code Enforcement Activity Report October 1, 1997-April 30,1998 CODE VIOLATIONS .. _ `' -' PREVIOUS PRESENT YEAR TO MONTH IOONTH DATE n oned Vehicles CAR 1 e is es mpoun 1 at/Trailer ous ng e o a ons az ous n ~ ons nrm ns on nmg io a ons n Icens usmess ~gn o a on ergrown ege a on ras omp a n oise omp am uisance omp am ea a aza ~ma omp a~n a er wer i mp a n wer ys em omp am a age orm er ra nage .. er TOTALS Complaints in Compliance 111 18 Number of Complaints Outstanding ~ T1 Proactive Complaints 52 25 ZO7 Reactive Complaints 38 22 205 OTHER ACTMTIES: Seven Cases wero presented to the Code Enforcement Board On May 5, 1988. City of Atlantic Beach City Commission Meeting StaffReport Agenda Item :April 1998, Code Enforcemem Report / Submitted By :Karl W. Grunewald, Code Enforcement Officer ~!/r- Date Submitted: May 4, 1998 Recommendation Agenda Item No. 4 A Da1e:May!!, /998 Attachmerrts :Monthly Report Reviewed By City Manager CITY OF 1f~lfartiG $eatl - ~lmrlda 800 SEMINOLE ROAD - ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (90.4) 247-5800 FAX (904) 247-5805 SUNCOJI 852-5800 MEMORANDUM , May 1, 1998 TO: Jim Jarboe, City Manager FROM: Don C. Ford, Building OMcial(~~ RE: Building Permits Repoli ~* Please be advised that the following permfts mere issued in the month of ApRI, 1998. TYPE PERMIT NO. PERMITS PERMIT COST CONST. VALUATION New Single Family 4 14,043 709,214 New Duplex (Single Family Attached) GaregelCarpoR 3 202 18,908 AdditionslRemodeis 17 2,382 253,359 Swimming Pools 2 60 37,898 Commercial 3 398 47,000 Fences 3 30 7,400 Utilities 4 5,150 Reroof 11 275 35,205 Sheds 1 30 1,632 Wells 2 20 Signs 3 65 TOTALS 53 22,655 1,110,616 Miscellaneous permits issued in connection with new construction, additions, remodeling, etc: Number of Permits Permits Costs ElecUical 39 1,260 Plumbing 29 855 Mechanical 22 881 Inapsetlaru performed: Building Concrete Electrical Plumbing Mechanical Misc. Occup. Lic. 54 30 43 37 40 2 9 INFORMATION COMPILED BY PAT HARRIS - BUlLD11YCi DEPARTMENT CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT STAFF REPORT AGENDA ITEM: Building Permits Report April, 1998 SUBMITTED BY: Don C. Ford, Building Official (v DATE: May 4, 1998 ~`' Agenda Item No. ¢A Date: 5-//- 98 The following is a comparison report of Building Permits for New Single Family, Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date for April 1997 and April 1998: Year to Date April 1997 TYPE PERMIT N0. PERMITS CONSTRUCTION VALUATION Single Family 40 S 3,178,743 Duplex 12 682,812 Townhomes 5 362,835 RemodelinglAdditions 69 685,626 Commercial 5 283,501 Total 131 5,193,517 Inspections: Total 881 Year to Date April 1998 New Single Family 12 S 1,357,696 Duplexes 2 159,820 Garage Apartment 1 64,000 Remodeling/Additions 82 1,281,579 New Commercial 5 762,000 Total 82 S 3,824,895 Inspections: Total 616 RECOMMENDATION: ATTACHMENTS: Building Permit Re for April 1998 REVIEWED BY CITY 1 i 1 1 I W 1 Z 1 O 1 1 6 1 1 I ~ m I 1 2 1 I F 1 w I m I V 1 N 1 W n 1 O 1 1 J I 1 1 O N 1 N W ~ f I M W ¢ S 1 < Z o A w I J< O P L 1 V Z< _~ r 1 O < j W W_ W_ ~dIY • W 1 3 3 O 1 M O O C J 1 O J I ¢ < 1 I 1 ¢ 1 I O O 1 O I W I W I I N I I I I N I d 1 u I 1 I I I O 1 I W I ~ J 2 N < N ti < O W ` O Yu u~l V 6 I I I N y I W IW¢N I Z O 1 < O - 1 2 < N 1 1 N N Y I 1 N N f I 1 W w I 1 M M Y I I I 1 N N I 1 J b O I 1 m m m I r I 1 I 1 I I 1 I 1 I I J 1 1 6 1 1 ~ I 1 I J < I s e W W a m O r r ~ N P N N ' N ' O d J J~ h A A P N P N P N O' Y n ~ 1 A 1 N 1 N f N p ,j n~ V ~O N n n A A N A P A N A~ I A VN tl .~ J •.IN rJA JN N A ry J N J N J V ry N 3 N A N N I J 1 W r N M ¢ N A J LL J• I W I r I = 1 N O OS J • J • ZJJ MA ~J OZ OZ 1 O~ f0 OI• WP • PV PY PY P OPT P Y 1 v h 1 W F 1 W y 1 W O 1 Z H 1 I > < m N 0 m F O W m W r• M w y t 2 x J < W 0 J X J X J X < W N N w -~ w 1 w 1 ¢ m < m H ~ f W ¢ T y W W V w < m ¢ r < Z 6 • 6 1 6 Y T J '. t N F N H M f 2 J f i Z¢f ^ O J O J O_ O_ J N Z i J J • < O •H 1• < 6> Z 2 2 Y L t O Zm > > > O O • w0 ZO O < < < Y ¢ J F Ol0 N x N Z N Z O¢< O<N N¢< m J N F N H ry f N W F N V Z d< Z N •c OYm NYm ~OYm y3u F ~'VO N Y m C O Q 6 0 ~ 6 _O ~ 2 •~ H t Z • O N W T < < < Y O F ¢ u > ¢N A A O W p SVN 3 •O 3 •O 3 •O SVN 3¢A 32m W_ < A _ W O W W O W W O _ V A __ W¢ A A J~ 2J~ 2J~ h A Z<f~ P p m m m m O~~ Off' P P P P P N N A A 1~ n m P P ~ ~ ~ ~ ~ ~ N J J V V V J ` V ¢ 4 O W J y n A n ~ n n < n A n n n ~ n N .W. 1 N N N N N 2 P N O V N N N N N N N W> N W 1 m Z n n n n ¢ n n wJn N V dr• W J J J< J J OmJ W NZ Y O i• O G 6 LL LL V 1• w W W > > W > W O w w 2 6 ¢ u 0 y m x m x < x x L i Z L D T I N O< V< •< V< N¢< ¢< m J< W F I w W> W w W Y W N W f W 2 Z W J Z r 2 O m H m f m f m V< m m f< m > i H 3 J N Z N 2 N 2 f O u! w LL< V << u J< u y< V J< V _ r V V x V 2 N Y O Y H O L< J m w w J w O r < V t _F <_ F _ti _< F _F <_ F F O F F r •- m < < 6 < m < >P< m • • m« N N J O N J J N J J N J ¢ N J O n J ¢ F J !_ 3 3 Z M f nT Yr•. 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F J c J J P J W N J d O J 6 O J V O J O ~ Y W q Y ¢ P F OIL F 6 a F < O F O ~ Y O n Y O q p N J F d N Y 6 N F ¢ O Y < f- < O N < < r < 6 ~ < < r < < ~ < 6 r < V n < O P t a < < r < < r < < O < N n J N M1 O P O ~ N N n h A •. A M1 h h A ¢ q O q q n n n n n n n n n n n n n J J J J J J J J V J J < J N n d N M1 m p O N n d O O O O O O O O J J J J J J J J J J J J J J J d J d J J J J J J J O O V O V O V O U O O O O q O q m n q O q O q q q ¢ P P P P P p P P P p P p p ¢A 5 -- //- `T8 r~r.ru . ci .oCiv r, 1 ~ i =-. -. rtJc i-iti i JO - 1~: ' Ma}. o. i99b L:CL:A YC .:.ti S-.~uiiAL CLNnnlnv vvunvl: ..:. u;cu ~ " Northeast Florida Regional Planning Council 8akar • Clay • Quvat • Flagkr • Nassau • Putnam • 8t. Johns 9143 Ptelipe Mgt+way. 9uita 950. Jaefoonvills, Florida 32254 (804)343-8350 FAk (904) 343-0964 Suncom 874.4960 Suneom FAX 8748344 Web ails: www.nstrpe.orp E•rrw1: nefrpciBneVriA•org 1Hay 5, 1948 Mr. Alm Jensen City Attorney Atlantis Beach 800 Seminole Road Atlantic beach, F. ?2233 RE: CB Universal DRUIand Uae Dear Mr. Jonaen: The quest{an has been raised negatdiag :4e City of Atlantic Beach procedures for adoption of the Proposed CB Universal DRI in mlationehip ro m amsndment W the City's Comprehensive Plan and the caning of the pzopetry on which the DRI is prapoeed. Pursuant to Paragraph 171.062(2) F.S. an Brea annexed into a municipality will retain the lead use and zoning zegttlations until the municipality adopts a cemptthensiva plan amendment that inclndea that annexed area. Ako. Ch. 380.06, plorida Ststutee. requires s Proposed DRl to be eonsistmt with the adopted eompretxttsive plan of the local •ovanment. The City of Atlantic BCra:h has not as of yot amended their comgrchensivo pLa to include Johnston Island, which wee recently aanmced. Therefore, the Clry can net on the DRI Developtaent Order only if the development is consistent with the City of JacY6oavillc adopted eotaprehenaive plm and band Develnpmeat Regulations. However, Paragraph 171.062(2) F.S. prechideit the City from rezoning the Johnston Inland site until it L emended iat~ the City's comprehensive pine. This hen been confirmed with the Dapertatcnt of Community Affairs. I undvatand this is Contrary. as it rslates to the Clry's ability to reaooc the sire, to the iaforaLtiod we tecsived fmm rife IKA two weeb ago. Tf you Nava nay further questions mgarding this matter, pbeaee feel free to contact me ss (904) 363- 6357 ext. 133. If you would like tine Attorney's at DCA which can Wo respond to my quatians on this matter are Andrew Grayson or Roes Burnamun who can be reached at (850) 488-0410. Sin '• c rows Diroctar of Plmning MB/ ~rw.. 1~, w EOUr (i~r4a,WIM -~Rro4::~::. Apr-06-98 14:00 CITY OF ~llartic $iat~ - ~lotiida March 30, 1998 C B Universal, Inc. 622 Cassat Avenue Jacksonville, FL 32205 P.02 :4Ni .enttl:~ ii.e Ri ~An A'fLAN'rtl' nFAI'.H. t'IURIr1A a?'L:!7 4N5 TF!.EPHI)Nli iNl4~ YJ7-yN1111 FAX ~ 9D-0 i 2i i -:: iJP1R FLtNr'(1M lt52:iNINt RE: C.B. Utiversal, Inc. - Johnuon Island Day Cruise Ship Dear Mr. Wadman' Per your request (have rtviewed the Comprehensive Plsn of the City of Atlantic Beach to determine if the proposed Day Cruise ship operation intended for the property known as ]ohnston Island will be consistent with the plan and will meet the concurrency standards of the City of Atlantic Beach. 1 have found that the C.B. Universal, lnc. proposed use will meet the standards of the City of Atlantic Beach. The proposed use may be limited or restricted as to hours of operation and maximum number of vehicles permitted on-site during the DRI approval process if such limitation is in the best interest of the public. If any additional information is necessary, please do not hesitate to contact me Sincerely,~j//, George Worley, 11 fommunity Development Director cc. fom Dumas -- CITY OF / ?,- ,J 1 ' ~ -~i/~.~ ~(,(~({i / Cam' epp g~tdlNOl.>: itOAl) 1~~'' gTt,1*ITIC~IIF:.{CH, FLOR1nA a2233~5+~~ _~- _.. --' TEI.F:I'([O:1F: l~Nib 217 :iAfdj _ __. __.~ ._ FAXi901)2S7~Sdiei ~~__ SIIAjCO\1d~i2~5f:W 1 . , , • pctober 6> 1997 ~ _ .. i • President ~ - Mr: Ttrotnas R Dumas, s Thomas Dumps Inc. u POB 50519 ' Jacksonville Beach. FL 32240-0519 - RE: C.B. Universal, Inc. - Johnston Island Comprehensive Plan C°mPliane:e _.: . _ T _ Deaz Mr. Dumas: nest I have reviewed the Comprehensive Plan of the City of Atlantic BeafwtA crcraft) .. Per your req snit dock'urg detelmirie if the pr°pO3t'd water dependent land tlse designation (to pc of the prop~y known ~ Johnston Island will be consistent with the plan. ; was recently annexed by the City of Atlantic Beac-!; I have found t(Fa~ ~ to ~ As this property als and objectives of the P Universal. Inc. proposed °~ `~ be coaaistent with the g° amended. azid w5ll ~ an appropriate tFSe. If any additional information is necessary. PIS do not hesitate to contact me. Sincerely/, ~ "~- ~. ~. ~ /~.~~'l George(Worley,lL Community Development Director cc: Chuck Roth .. May"cu and commissioners May 7, 1996 Page 2 I know you are also being provided with information in regazd do Jacksonville's comp plea and the IVV zoning on Johnston Island. Iran hopefully enlighten yon further after my conversation with Mr. Grayson tomorrow morning. I did want you to be advised of the current situation and the criteria under which you will need to review the DRI application next Monday night. Unless something changes in the meantime, it is also apparent that the zoning ordinance will have 1b be defected until the Atlantic Beach comp plan has been amended. please feel free to caR me at my office or even over this weekend at 241-5870 - >` very truly yours, ~_ - ALAN c. ~~~ ~ 5-1 / ~aor~, ,c i.,. sus tv«~ ~a so~«e rdc t~ B~ stusr Jr~ ne.ce. > sotto-oas~ Telepho~ (gt141 ~~pp F~He (-It411A69960 Mayor Suzanne Shaughnessy 168 Oceanwalk Drive South Athmtic Beach, FL 32233 Commissioner Mike Borno 223 Ocean Forest Drive North Atlantic Beach, FL 32233 Commissioner Richard Beaver P. O. Box 331044 Atlantic Beach, FL 32233 May ~, 199s Commissioner John S. Meserve 2126 Beach Avenue Atlantic Beach, FL 32233 Commissioner Theo Mrtchelson 340 Ocean Walk Drive North Atlantic Beach, FL 32233 RE: C.B. Universal, Ine./D1tUJohnston Island Dear Mayor and Commissioners: You have received additional documents from George Worley, including a letter dated May 5, 1998, to me from Michael Brown of the Northeast Florida Regional Planning Council which I _ received by fax the afternoon of May 6. As set forth in Mr. Brown's letter, the DCA has changed its position from that previously gives to the RPC and George Worley. I spoke yesterday with Andrew Grayson who is an attorney at the DCA. He is out of the office today, but I am faxing information to him. I should be able to speak with him tomorrow morning and I may have some additional information after our conversation. however, it does appear at this time that the City's comprehensive plan must be amended prior to placing a zoning classification on Johnston Island. Enclosed are c.^piz;:s of l~:ters dated nrrn!,er F; 199'7, and March 30, 1998, writ*zn on behalf of the City by George Worley and upon which C.B. Universal has relied. I believe that you have probably been provided with copies of these letter previously. The graposed DRI on Johnston Island is consistent with the City of Jacksonville comp plan, as well as City of Jacksonville land use regulations (zoning). As set forth in the enclosed letters, it was George's opinion that the proposed DRI would be consistent with the goals and objectives of the Atlantic Beach compre- hensive plan. construction and completion of any span over the Intracoastal Waterway beaveen Johnston Island north to the Atlantic Ocean. Hurricane Evacuation ISSUE #7: Atlantic Blvd. (S.R. 10) is identified as an evacuation route in the Nonheast Florida SRPP. An operation such as this will not add additional vehicles to this route, provided operations cease prior to any hurricane event. In addition to operations, the applicant needs to provide for the safe operation of the ship in the event of a hurricane, removing it from hamts way and preventing any significant damage to the ship and the surrounding azea. Recommendation: Prior to commencing operations, the applicant shall submit a hurricane and flood protection management and contingency plan to the City of Atlantic Beach which details (1) the applicant's commitment to suspend operations during a hurricane watch or warning as necessary so that patronage traffic does not affect the evacuation capacity of Atlantic Blvd., and (2) the plans for relocating the ship to a safe and secure location. 15 Weekday time of departure shall not be before 9:30 a.m for the day cruise and 7:00 p.m. for the evening cmise. The weekday day cruise shall arrive back at Jot.~ston Island no later than 3:00 p.m. ISSUE #5: Access to the site is provided by a service road which intersects with Atlantic Blvd. east of the Intracoastal Waterway Bridge. Atlantic Blvd., a regional roadway, is ahigh-speed, high- volume arterial providing access from Atlantic Beach and Mayport to downtown Jacksonville. The Florida Department of Transportation, in their review of the ADA, voiced concerns about the existing intersection geometry and its ability to adequately and safety accommodate the amount of traffic resulting from the proposed project. Of particular concern is the safety issue of cars entering onto. Atlantic Blvd. into ahigh-volume traffic stream. The FDOT is presently reviewing a gap study prepared by the applicant to determine whether there is adequate spacing to allow for safe access onto Atlantic Blvd. and whether an acceleration lane, or other type of intersection control, is necessary to accommodate project traffic. _ The applicant shall be responsible for the cost of construction of all site-related improvements at the access road/Atlantic Blvd. intersection az deemed necessary by the FDOT. Site-related improvements may consist of, but not be limited to, a westbound acceleration lane on Atlantic Blvd., a westbound deceleration lane, and/or signalization. No development shall occur until FDOT agrees to and the ivBFRPC and the Jacksonville Urbanized MPO have been given an opportunity to review a site access improvement plan. ISSUE #6: The proposed operation involves a cruise through the Intracoastal Waterway navigational channel to the Atlantic Ocean. Transportation plans call for an expressway over the Intracoaztal Waterway, connecting the Mayport area with areas to the west. Upon construction, the Wonderwood Expressway will cross [he Intracoaztal Waterway between Johnston Island and the Atlantic Ocean. The height of the span over the channel could effectively negate operation of a larger type vessel, such az the one planned to be operated by the applicant, or any future replacement ship. Recommendation: The applicant shall agree to cease operations if the Wonderwood Expressway span, or any other crossing of the Intracoastal Waterway between Johnston Island north [o the Atlantic Ocean, is not of sufficient height to accommodate the vessel. In addition, the applicant shall agree to hold harmless any and all applicable agencies, including but not limited to the FDOT, Jacksonville Transportation Authority, City of Atlantic Beach, and City of Jacksonville for any business damages or takings claim resulting from 14 Wetlands ISSUE #3: Parking for the operation will be permeable, unpaved pazking. The applicant has not provided an analysis of [he impacts of the unpaved pazking area on drainage and runoff into the Intracoastal Waterway, identified as regional resource in the t~IEFSRPP. With continuous use, swales may form in the unpaved parking areas, thereby increasing untreated runoff from the island and turbidity in the area of the Intracoastal Waterway. Recommendation: Prior to the fourth month of operation and annually thereafter, the applicant shall submit a monitoring repots to the St. Johns River Water Management District and City of Atlantic Beach that evaluates soil conditions and surface water quality of stotirtwater runoff to prevent water quality impacts from [he grassed pazking areas. If the Water Management District determines that the grassed pazking azea is negatively impacting the Intracoastal Waterway, the applicant will implement appropriate measures consisten[ with the environmental resource permitting program. Recommendation: Prior to commencing operation, the applicant will develop best management practices and submit [hem to the Water Management District [o minimize impacts to water quality. Recommendation: The applicant shall use time-released granular fertilizers on the grassed pazking areas. Transportation ISSUE # 4: According [o the applicant's calculation of daily traffic [o be generated by the project, impacts will be below the 5% criteria adopted in Rule 9J-2.0245, F.A.C. for determining substantial impacts on regional significant facilities. However, the hours of operation will have a direct effect on determining during what time of day traffic from the project will impact Atlantic Blvd., which meets [he definition of a regional roadway in the t~7EFSRPP. Operation of the cruise ship should be scheduled such that project traffic does not impact Atlantic Blvd. during the a.m. peak hour period between 7 - 9 a.m. the p.m. peak hour period of 4 - 6 p.m. Recommendation: The weekday hours of [he cruise ship operation will be limited to off-peak hours only. 13 SPECIFIC CONDITIONS Vegetation and Wildlife ISSUE #1: Portions of the site on which the operation is planned are located in the habitat of the Federally and State listed endangered West Indian Manatee. The applicant has applied for a permit from the Jacksonville District Corps of Engineers. The District Corps of Engineers has determined that any permit issued will include conditions which will be adequate to prevent impacts to the manatee. Recommendation: The applicant will comply with all Jacksonville District Corps of Engineers permit requirements, and de[ail its compliance in the fast annual monitoring report. All proposed mooring dolphins will incorporate manatee bumper zones. Manatee lookouts will be employed during all docking and sailing activities, and the developer shall post educational signs and provide educational materials regarding manatee protection measures. Water Sunoly ISSUE #2: Two 4-inch diameter Floridan aquifer artesian wells exist on the site. While one of the wells will be used to supply water for a small office or ticket operation, no well water is planned to be used by the ship. Recommendation: Water from the existing artesian wells may only be used by the support uses located on the island. No water from the on-site artesian wells may be utilized by the cruise ship operation. Recommendation: The applicant will tneet all requirements adopted in Chapter 64E-8, Florida Administrative Code for operation of the existing artesian wells. Any water wells not planned for future use and water wells determined to no longer be of service shall be abandoned in accordance with Rule 40C-3.531, F.A.C. 12 - Atlantic Blvd. (S.R. !0) from Mayport Rd. to San Pablo Rd. - Turn movements at the project drive and S.R. 10. Note: Actual FDOT or Jacksonville Urbanized Area Metropolitan Planning Organization (MPO) traffic counts shall be used where possible. If actual FDOT or MPO traffic counts are not available for a particulaz road or intersection, the Applicant shall retain, at its expense, a traffic engineering firm to collect the necessary counts. FDOT seasonal adjustment factors shall be used when adjusting traffic counts. Provide a statement certifying that the NEFRPC (accompanied by the appropriate filing fee), Department of Community Affairs, and the local government, and all reviewing agencies have been sent copies of the annual monitoring report in conformance with Subsections 380.06(1) and (18), Florida Statutes. It is [he responsibility of the Applicant to guazantee that all appropriate agencies receive a copy of the annual reports. K. Any future (a) additions to the capacity of the ship operation; (b) development in support of the operation not addressed in the Application for Development Approval or this recommendation report, or (c) changes to the representations made in the ADA or required conditions in the recommendation report; shall be subject to further review through the Notification of Proposed Change process. In addition to these general conditions, the following specific conditions aze recommended for inclusion in the Development Order to mitigate identified regional impacts. Each recommendation is preceded by a brief issue statement, describing the adverse impact requiring the recommended mitigation effort. 4. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original DRI site since the development order was issued. A specific assessment of the developer's and the local government's compliance with each individual condition of approval contained in the DRI development order~and the commitments which are contained in the Application for Development Approval and subsequent sufficiency responses and which have been identified by Atlantic Beach, NEFRPC, and the Department of Community Affairs as being significant. 6. Any known incremental DRI applications for development approval or requests for a substantial determination that were filed in the reporting year and to be filed durine the next vear. An indication of a change, if any, in local government jurisdiction for any portion of the development since the development order was issued. Imposition of any moratorium imposed by a regulatory agency, including the type, duration, cause of and remedy for the moratorium. 8. A listing of any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting periud. Specify the agency, type of permit, permit number, parcel, and purpose and activity for each. 9. A copy of any recorded notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Pazagraph 380.06(IS)(f), Florida Statutes. 10. Traffic reports shall be submitted to the Florida Department of Transportation (FOOT) District Urban Office in Jacksonville, the City of Atlantic Beach Planning Department, i`IEFRPC, and the Department of Community Affairs. The first traffic report shall be due concurrently with the first annual monitoring report and then annually thereafter through the expiration date of the D.O., unless otherwise specified by the NEFRPC. The following information shall be included: a. A description of the existing operation and an analysis of number of passengers, including information on number of vehicles pazking at the site. b. Traffic c~: -'_, tumin~ movements, and levels of service actual for the past 12 months and projected for the ensuing 12 months, including traffic estimates for the following roads and intersections. Di tin;uish between ~iect related traffic and total traffic volumes. 10 responsible for monitoring the development for compliance with the Development Order. D. The Development Order shall establish compliance dates for the Development Order, including a deadline for commencing physical development and for compliance with conditions of approval, and shall include a termination date that reasonably reflects the time requited to complete the development. ' E. A date by which the development order will expire. In no case shall the termination date be less than one full yeaz from the dale of project approval by Atlantic Beach. F. The Development Order shall establish a date until which the local government agrees that the approved Development of Regional Impact shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the local eovemment car. demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred, or the Development Order was based on substantially inaccurate information provided by the developer, or that the change is cleazly established by the local govemment to be essential to the public health, safety, or welfaze. G. The project shall be required to meet all Level of Service Standards in the adopted Atlantic Beach, Neptune Beach, and City of Jacksonville Comprehensive Plans for any impacts within those three municipalities, and all requirements of the City's concurrency management system. The Development Order shall stipulate that an annual monitoring report be prepared by the Applicant or subsequent developer(s) in accordance with Section 380.06, Florida Statutes, and submitted to the NEFRPC, Department of Cotnmunity Affairs, City of Atlantic Beach, and all reviewing agencies no later than April 30 of each year until the Development Order has expired, commencing April 30, 1998. The annual report shall include: A description of any change made in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting yeaz and for the next yeaz. Any actions (substantial deviation or non-substantial deviation determinations) taken by the local govemment to address these changes, icccluding a cumulative history of such changes since adoption of the development order. 2. A summary comparison of development activity proposed and actually conducted during the preceding calendar year, and projected for the ensuing calendaz year. 3. Identification of undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer. REGIONAL RECOMMENDATIONS NEFRPC RECOMMENDATIONS FOR C.B. UNIVERSAL DAY CRUISE DEVELOPMENT OF REGIONAL IMPACT The Northeast Florida Regional Planning Council (NEFRPC) recommends to the City Council of Atlantic Beach that the Development of Regional Impact ¢~ approved. ts~bject to certain conditions being stipulated in the Development Order. A. The Application for Development Approval for [he C.B. Universal Day Cruise Development of Regional Impact, dated January 25, 1998, and [he commitments therein. B. Any successor or assignee of C.B. Universal Inc., shall be subject to the provisions contained in the C.B. Universal Day Cruise Development Order issued by the City of Atlantic Beach. Any contract or agreement for sale of those interests by C.B. Universal Inc. for all or any part of the property for those uses specified in this Development Order and subject to this Development Order shall contain a legend substantially in the following form clearly printed or stamped thereon: THE PROPERTY DESCRIBED HEREIN IS PART OF THE C.B. UNIVERSAL DAY CRUISE DEVELOPMENT OF REGIONAL IMPACT AND IS SUBJECT TO A DEVELOPMEN'T' ORDER, NOTICE OF WHICH IS RECORDED IN THE PUBLIC RECORDS OF ATLPuNTIC BEACH, IZORIDA, WHICH IMPOSES CONDITIONS, RESTRICTIONS AND LIbI1TATIONS UPON TI-ID USE Pu~iD DEVELOPMENT OF THE SUBJECT PROPERTY WHICH ARE BINDING UPON EACH SUCCESSOR AND ASSIGN OF C.B. UNIVERSAL INC. THE DEVELOPMENT ORDER DOES NOT CONSTITUTE A LIEN, CLOUD, OR ENCUMBR?u~ICE OF REAL PROPERTY OR CONSTITUTE ACTUAL OR CONSTRUCTIVE NOTICE OF SAi~1E. A COPY OF THE DEVELOPMENT ORDER MAY BE REVIEWED AT THE OIFICE OF THE PLPur"i`IItiG, BUILDING, AND ZONING DEPARTMENT, ATLP+NTIC BEACH, IZORIDA, OR AT THE OI-FILES OF THE DEPARTMENT OF CONLVIUNITY AI-FAJRS, STATE OF IZORIDA, TALLAHASSEE, IZORIDA. C. The Development Order shall designate the loc..l government official who shall be MEMO To: George Worley„ From: Chief Ruley ~ Subject: C.B. Universal Date: Apri122, 1998 Admin: 00027 FIItEFIGIiTING WATER For the purposes of calculation the fire flow requirements for a vessel of your size to be docked on Johnston Island the Fire Department used the same formula as would be used to calculate a building on land with the same occupancy type. The formula is: Length x width x height / 100 =desired fire flow Your Ship 255 x 50 x 30 divided by 100 = 3825 GPM The desired fire flow is 3825 Gallons Per Minute. We talked to our Public Works Department and learned that it would be almost impossible to get the required fire flow from the current well systems. However we could get the water from the intercostal by way of pump. Therefore it is our recommendation that you provide a fire flow of 3825 gallons per minute, using a fixed pump and distribution system. In addition for backup we will recommend that a 6 inch dry hydrant be installed that can be used by the fire department if the fixed pump fails. If you desire to fuel from the island it will be necessary for you to follow all federal state and local codes regarding fueling. In addition to protect the waterways from a spill you will be required to boom the vessel from the shore around the vessel to the shore. If you have any questions please contact me. To: George Worley From: Don Ford ME soo se~u~oLe Row dTL.4STIC BE.iI'H. fLORID.~:3?2:3:3 .54J:i TELEPHOSE ~90ai 241uS00 FAX ~ 911J ~ ^_~7-1805 D U M sL•~co~3 ssz-ssoo April 23, 1998 Re: Johnston Island Structures I have performed a cursory inspection of the structure on Johnston Island to determine its condition for use with the proposed cruise ship business now being reviewed by staff. There are six structures on the island. Four are utility/storage buildings and are in poor condition. These structures would probably be more cost effective to be removed and new structures built rather than attempting to restore them to a condition that would meet the minimum requirements of the Standard Building Code. Two other structures, the owners house and the restaurant could be remodeled for various uses at a minimum cost. r~act~c ~earli - ~louda DCF/pah CITY OF rat~ct~e Setee! - ~loaCda 1-'00 SASDPIPER LA\E ~__. _ _. ATLA\TIC BEACH. FLORIDA J?2JJJJ81 TELEPHO~'E 19671 :Y1-5$N ~~ ESC 1967) '-t7-5873 MEMORANDUM DATE: April 22, 1998 TO: George Worley/City Planner FROM: Robert S. Kosoy/Fublic Works Director ~/~ SUBJECT: Day Cruise Ship at Johnston Island On Apri121, 1998, a meeting was held with the applicant for the subject project. We sill have several concems: i. E~ - We have not received plans for an acceleration lane to allow vehicles leaving the facility a safe approach to the Intracoastal Waterway Bridge. These plans need to be signed and seated by a Florida licensed Professional Engineer. In addition, traffic studies should be submitted to [he City to address trip generation. 2. Permits - On April 22, we received a copy of the Department of the Army permit which was unsigned, but a letter faxed copy of sheet 7 was signed by Beverlee Lawrence. We will need a copy fotTn the St. Johns Water Management District permit or their agreement to waive a permit or transfer authority to the Florida Department of Environmental Protection (FDEP). We will require a copy of the Submerged Lands permit submittal to the FDEP. In addition, approval must be obtained from the Department of Health for using the two existing wells as a limited use water system. The letters attached to the Development of Regional Impac[ (DRI} Assessment Report from the permitting agencies are t~ permits. 3. Solid Waste -Arrangements will need to be made with the City for Waste ivlanagement to provide dumps[er service. We have other minor concems as outlined in our January 22, 1998 memorandum which was made part of the DEI. RSK/eam cc: FILE: Johnston Island ATTACI~IIvIENTS: I) Department Recommendations 2) SpeciSc Conditions from the Regional Planning Council REVIEWED BY CITY MANAGER: ~! 'r/' 0 AGENDA ITEM NO. system to protect against a fuel spill in the waterway. The boom system shall meet applicable state and federal standards and shall be approved by the Fire Department prior to any fueling. The applicants shall comply with all St. Johns River Water Management District, U.S. Coast Guard and Department of Environmental Protection regulations relating to fueling of vessels. Issue five: Existing buildings and other structures. The Building Official has conducted a cursory inspection of the six buildings on the site and has found the four storage type structures to be in poor condition. The house and the former restaurant are in repairable conditions. The applicants have proposed to make use of several of the structures for office and ticket sales. The former restaurant will not be used by the applicants. Staff recommends that the applicant be required to remove or rehabilitate all of the structures prior to start of operation with the exception of the former restaurant building. This building shall be made safe and secured against entry in compliance with adopted building codes (fenced and locked). In addition to the rehabilitation of the structures staff recommends that the existing underground fuel storage tanks be removed prior to start of operations and in compliance with federal standards. The applicants shall notify and obtain appropriate permits from the City of Atlantic Beach Building and Fire Departments prior to such removal. Miscellaneous issues: In addition to the above, staff recommends the following: 1) A site and shipboard security plan be provided to the Pohce Department for review and approval prior to start of operations. 2) All state and local permits be obtained and copies provided to the City prior to start of ~rat~ons. 3) A hurricane preparedness plan be provided to the Public Safety Director prior to start of operations Such~lan must contain specific agreement to cease operation upon the issuance of a hurricane warning effectin¢ this area or upon d'vective of the Department of Pubhc Safety and must detail the method of protection and location of the ship durine such event. Nothing in these recommendations or io the final development order should be interpreted to exempt C.B. Universal from fully complying with all other state, federal and City of Atlantic Beach laws, ordinances and regulations. Any permitting required by other entities must be obtained prior to start of operations. by the Regional Planning Council for your review. During staff review of this proposal five main issues became appazent which staff believes require adoption of specific conditions. In addition several other issues need be considered by the City Commission in determining the feasibility of this proposal. Issue one: Traffic impact on Atlattic Boulevard. Based on the applicants information, the project is estimated by the FDOT and the Metropohtan Planning Organization to generate 790 vehicle trips per day. By those agencies standazds this will be less than 2% increase ofthe current volume on Atlantic Boulevazd. Staff however stronely aerces with the recommendation by the Regional Plannine Council to limit the hours of operation of the shin to the times specified under RPC issue #4, weekday departures shall not occur prior to 9:30 AM and 7:00 PM and daylight arrival shall not occur later than 3:00 PM. Issue two: Vehicular ingress and egress from and to Atlantic Boulevazd. The Metropolitan Planning Organization has stated that the applicants must construct both a deceleration and acceleration lane to provide safe access to the island. The applicants have expressed the willingness to construct such lanes. Staff recommends that the construction of an acceleration lane and a deceleration lane be requved prior to the start of operation of the ship. The FDOT is now in the final design phase of the Atlantic Boulevard bridge expansion. Staff recommends that the DRI development order require C.B. Universal to construct a comparable acceleration and deceleration lane in coniunction with the construction of the new bridge improvements to insure the continuation of safe inaress and egress from this site. The applicants must comply with FDOT standards for such design and must coordinate their improvements with the FDOT. The City of Atlantic Beach shall receive and review these plans prior to commencement ofconstruction. Issue three: Fire protection. The Atlantic Beach Fire/Rescue Department has reviewed this proposal and recommends the applicants be required to provide a fixedpump and distribution system to draft water from the Intra Coastal Waterway as well as a backup drv hydrant system to permit the Fire Department to use if the pump fails. This system must comply with adopted Fire Protection standards and all plans and installations shall be reviewed and approved by the Fire Official. The adopted standards requ've current deck plans and crew fire fighting training records be supplied by the applicant to the Fire Department. Issue four: Fueling. The applicants have indicated that they may occasionally fuel the vessel at the Johnston Island location from trucks. Staff recommends that all such fuelinlt be done only after notification of the Fire Department and only with the use of an approved containment boom 3A 5- // - 9~ REVISED STAFF REPORT AGENDA ITEM: Development of Regional Impact at Johnston Island SUBMITTED BY: George Worley II, Community Development Duector ~ ~/'~/ DATE: May 7, 1998 BACKGROUND: C. B. Universal, Inc. has submitted an application to moor and operate aday/dinner cruise ship from Johnston Island. The Department of Community Affairs has determined that this proposed use is a "Development of Regional Impact". The ship is to be moored adjacent to the bypass channel on the eastern side of the island. The ship is proposed to cruise up the Intra Coastal Waterway to the St. Johns River and then out into the Atlantic Ocean. The proposed operation will include two trips per day The vessel itself is 255 feet long with a passenger capacity of 600. The installation of the necessary mooring and passenger loading structures will occur on the east side of the island only. The existing buildings on the island aze proposed to be rehabilitated and used for the ticket sales and maintenance storage. The fotrner restaurant building on the west side of the island is not to be used. This proposed use must comply with the adopted regulations of the St. Johns River Water Management District, the Florida Department of Transportation, the Army Corp of Engineers, the United States Coast Guard, and the Department of Environmental Protection and all other state and local laws prior to start of operations. As requ'ved under Florida Statutes Chapter 380, this proposal was submitted to the Northeast Florida Regional Planning Council for review of potential regional impacts. The Regional Planning Council conducted their review and in compliance with Chapter 380 has forwarded a recommendation for approval with conditions to the City of Atlantic Beach City Cormnission. City of Atlantic Beach staff have conducted a review of the proposal submitted by C.B. Universal as well as the recommendations from the Regional Planning Council. The City Commission was previously provided copies of the application by C.B.Universal and the recommendation by the Regional Planning Council. RECOMMENDATION: Staff recommends adoption of all of the Regional Plannin¢ Councils wnditions. This staff report is intended to provide you with the recommendations ofstaff for conditions not already addressed by the Regional Planning Council. Staff has attached the SpeciSc Conditions addressed C B UNIVERSAL, INC. 5-7-98 SAFETY RELATED ISSUES ASKED BY COMMISSIONER BORNO DURING THE PUBLIC HEARING ON 4-27-98. 1) IS THE CHANNEL WIDE ENOUGH TO ACCOMMODATE THE VESSEL ,AND THE TURNING AROUND ? yes, the area where are going to dock the boat is roughly 300' wide. the area where we are planning to tum the vessel around just north of the island is over 500' wide. the balance of the Intracoastal is roughly 150'-200' wide where the boat will be traveling north and east to get to the river. 2) WILL THE FUELING BOOM BE AFFECTED BY THE CURRENT DURING FUELING ? This is a good point. We will agree to fuel at "slack " tide to prevent a spill from being taken away by the tide. The fueling hoses have a hose within a hose in case of a leak. The boat has an enclosed over flow tank in case of an overflow per USCG regulations. We will be loading fuel during daylight hrs. with the Atlantic Beach Fire Dept. on Hand per their request. 3) CREW QUALIFICATIONS AND TRAIMNG ? We will have 8-]0 properly trained and licensed crew who will have the experience and to properly operate this vessel. Many of our personnel are retired Navy, Coast Guard personnel. 4) WHAT ABOUT THE WIND OR CURRENT EFFECTS ON THE BOAT DURING DOCKING ? The vessel has the ability of "dynamic positioning " and a licensed crew. If the weather is too bad we won't sail. ff the vessel takes an hour and 15 minutes to get out or back, that is ok with us, we reduce time out at sea . 5) ANCHOR CHAIN ? We have 2 Navystockless anchors that weigh 4,223 lbs. each and a spare. each has a 120 fathom 720 ft) of 1 3/4 "stud link chain. the anchors and chain has been ABS, and USCG certified. 6) WATER DEPTH ? The depth on the east side of the island (docking area) is 30'-35'. the area where the boat will be turning around in is 25' .The balance of the Intracoastal is 18' and deeper, at low tide. The props on our boat are 3' above the keel which means the props are 6' above the bottom of the Intracoastal. 7) MOORING PLAN ? We will have a mooring plan in place that has been reviewed by the U.S. Coast Guard and Florida Marine Patrol before we sail. There will be practice runs and tie-ups. ~~~~ DIST.2 DOT STRUCTURES TEL:904-961-7095 May 07,98 10:05 No .005 P.02 '- + --- FLORIDA DEPARTMENT OF TRANSPORTATION uwre. an a:W;a Anent! Reltliw • re.t owe a.. taro, N.i. 3101 . r.b Ctb. rti ,o,........., a ~~ xiaas.ioa • sassi.~,ooo l.or.> • oo~~i.,o,~ nNq .~... May ~. J998 city orAtlaatie Heach e% C.H. Universal 800 Seminole Road Atlantic Beach, florida 32233 ATTN: George Wonky SUBJECT: State Bridge Number 720366 Service Road Ova San Pablo Creek Jacksonville, florida Phis is to con5rm that the above subject bridge is curremly rot lad posted. If there are say questions, pkase contact us. SineetclY, ~~7 Jo M. Tung ~~ District Two Bridge Structural Eagiaar cc: L.W. Rosier, Jr.; Orlando Cordaro; Fik xuivrrnuvice: PaP.SP.Jevrtvc rotne rrruvsroRrerw~vwvesnffrvr .- ., ~A .3-I1- 98 STAFF REPORT AGENDA ITEM: CB Universal Devebpment of Regional Impact Appication SUBMITTED BY: George Worley II, Community Development Director DATE: May 7, 1998 BACKGROUND: During the Public Hearing held Apri127, 1998 a number of questions were posed by Commissioners regazding site conditions and the operation of the cruise ship. Those questions were forwarded to the applicants, C.B. Universal for answers or fiuther explanation. Responses from C.B. Universal are attached. ATTACHMENTS: 1) Letter from Florida Department of Transportation 2) List of responses from C.B. Universal REVIEWED BY CITY MANAGER: AGENDA ITEM NO. zA 5- /l- y~ CITY OF .~lfaKtc'e beael - ~~~ -- --- - ~`~.... ~xII.C~M2tt~I~tLiYT \1't11;Rfi:AS, public ~+orks .rrcire, provided in our eonununit~~ arc an integral part of our ciuirn,' e~rrcdac lice,, and \1l iIiRF. SAS, the support of an understandme and infunned citizens' is vital to the ef}icicnt operation ofpuhlic ~sorks s~~stenu and programs such as .+~ater, se~ccrs, streets and high~cacs, public buildings, solid ~castc• collection. storm drainage, and beach access, and 11~IIf[R!'AS, the health, salctc. and anntort of this communitc greatk depends on these farilitics and services. and \1'f II~:RI~:AS, the qualih~ and eticeti~aene,u of Ihesr facilities, as cell as their plarmfng, design, xnd construction. is chalk dependent upon the et}brts and skill of public ~sarks otlicials, and \V~H(~:Rf-:AS. the rf}i.irncc ofthr y~.iahficd antl dedicated personnel ~~ho sta(t~public tsorks departments is materialk inthicnced h~~ the people s attitude and understanding of the importance of the ~~ork the}- perti~rm \U11 _ 7~Hf,l<I~.FURh_. (. Susanne Shaughncsse. Alasor of the ('itc of:Atlantic Beach, do hcreh~ pruclafm ihr ~u•ck of \1ac I % - ~ ;. I ~~`i8, a, 1'l 61.1(' }1ORKti }1 F.F:R in the (etc o(:Atlantic Beach, and call upon all citiirns and ci~~ic oreanizations to acquaint themselves ~.:ith the issues incuhed in pro~~iding our public ~~orks centers, and to recognize the contributions ~+tiich public ~.u~ks otliriais make even dac to our health. catch, comft~rt. and qualih~ of life I\ 11'I I\LSS \\'IIF.RI,UI I have hereto set nn-hand and caused the ullicial seal of the ('ih ofAllanuc' Beach to be atli~ed this 1 I th dac of \1ac 1998 T`~ 8s before the City Commission M~ti-P~elx Aril 27, 1998 1 C6lTl[l<A26 ~ !TlTa a •Ialol: . w!!rx ar owl,, s ~ I. D1.Y M. 2 [opL, r,r4t1 3A9c I ... T !lNort[w t, 9m ~! 1um11.1~1 .•ll raporc tLe ! tor9gcleq ~Oq~l9. W ll•1c tM tr,aacrSpc t, ~ [r9! ua [rlpllt~ raare of q [[emgrlplie +ot.,. 10 p1~ ~[ _. dT et ~. 1991. 13 1. 15 if U I• 1! ZO 21 31 Z3 M.se M. T[opl! Diane M. Tropic, P.O. Box 2375, Jacksonville, F7 32203 City of AUantic Beach i Page 141 -Page 141 rrocec4tngs Mote the City Commission Multi-Page"' Tien on April 27, 1998 1 z 3 a 5 6 7 8 9 10 ll 12 13 la IS 16 l7 18 19 zs I 2 3 a 5 6 7 8 9 10 u 12 13 la IS 16 18 19 20 2I 22 THE MAYOR: Tl~ answer to your procedurage 137 question is: On the 11th we will make a i zon n8 determination provided we have heard from the z Community Development Boazd whose meetin i q g s scheduled for next Tuesday. MS. BRADY: Okay. 5 THE MAYOR: After ning determinati e~ 6 ? on, then we will complet the development of regional impact. It was assessed 8 as being proper to do the one before the other 9 . MS. BRADy: qnd then following that, you do ~ -- Is when you're going to be doing the map 1 1 amendment? 2 THE MAYOR: That is my understanding . MS. BRADY: Thank you. 14 THE MAYOR: All right. You're welcome IS . MS. BRITT: (Indicating.) 16 THE MAYOR: As long as it's a point of I? order because the public comment period is over for tonight. 18 19 MS. BRITT: Okay. Valerie Britt 378 20 , Tilefish Court, zl Could I just continue that i 22 quest on just one step farther? Could I ask to -- for the 23 record the s pecific question that was ask d? 24 e ~~ Could we -- Id Pagc 138 City of Atlantic Beach THE MAYOR: This is in answer to your Page 139 question. Ms. BRlrr: Okay. THE MAYOR: What was -- Ms. BRITT: What kas ~ exact question, if you remember -- THE MAYOR: Excuse me. MS. BRITT: fm sorry. Through the Chair, I'm sorry. I'll sit down. THE MAYOR: I'll ask the question Of the city attorney. You don't have to sit down. MS. BRlTf: Okay. Thank you. THE MAYOR: How did you phrase the question? MR. JENSEN: The exact question was, DO we have to amend the comprehensive plan prior to doing zoning and the DRI? The answer was no. MS. BRITT: Okay. Thank you very much. THE MAYOR: you're welcome. MR. JENSEN: It's not required by statute to do it in a -- in that particular order. We are not rezoning property, we are assigning a zoning classification. MS. BRITT: Okay. Thank you very much. And I'm sorry, I know it's late, but I wanted to cou we enter that mto the record? ' 1 m 40 fully understand what we're doing so we c I m hearing the answer, but what was the z ~e an our comments accordingly. specific question I'm hearing, you do this 3 Thank you very much. before that? 4 THE MAypR: This is an important issue and ' And the reason I'm asking that, I do know that Chapter 163 f th 5 6 it s important to understand. You read things to the paper l o e state ]aw allows for -- In ~ ' YOU iar nnttors. It's not a case of an annexation to maintain the land rezoning. use and the zonin g; however, if you were 8 MS. BRITT: I understand that. changing the zoning that change would have to be consistent ith 9 TftE MAYOR: It's an assi grlment of initial zonin T w the comprehensive plan. So 1 saw that we had two options and I saw that we ~ ~ g. ry to think of it in that way. MS. BRITT: t understand. Thank you have left the Jacksonville comprehensive plan ' 13 . TttE MAYOR: Okay. All right. and we re moving here to do the zoning so that ~Tbe C°mmission of the City of Atlantic , means that if we're doing the zoning we would need to have that zonin i la 15 Beach adjourned the foregoing proceedings at 11.47 p,m.) g cons stent with the underlying land use and -- and I'm concerned 16 _ _ _ , too; that we're not doin g -- that we as a 1? , community, are not doing a land use amendment 18 And so, therefore, T wondered what the exact 19 question was because 1 do know that you can do ~ a rezoning within an annexed area if you're z staying with the old comp plan, but we're not 22 , were moving to a full-blown Atlantic B h eac ~a Diane M. Tro is P. Izs P O. Box 2375, ]acksonvillc, F7 32203 Page 137 -page 140 r~127, 99Rtty Commission Multi-Page"' I 2 3 4 5 6 7 8 9 10 11 12 13 la IS 16 17 19 MS. BRADY: That's why I'm asking the Pagc 133 question as to what -- when is that procedure going to -- THE MAYOR: That is why we asked the question of the state and the answer we were given is that it is not necessary in this case to have that in place before the DRi, the determination of regional impact is made, and 1 think that the wrench in their is the annexation. MS. BRADy: Well, what about the caning? Your addressing the zoning has to do with the '- the land use. The land use is a legislative issue and the zoning issue is quasi judicial. And I -- I just don't see how the two of them are meshing into the process that's going on here. I think that's why that gentleman was referring to the -- you know, was concerned with all the[. THE MAYOR: I understand that and I can easily see whY someone would think that way, would feel that way, would think that way on the basis of the facts. You have -- for instance, you are not the first person to say that your caning must be compatible with your comp plan, City of Atlantic Beach 1 going to review that? Page 135 2 MR. JENSEN: (Nods head.) 3 MS. BRgDY: You have? 4 MR. IENSEN: l.Th-halt 5 MS. BRADY: Who did you speak to? 6 MR. JENSEN: First of all, could we have 7 who she is and who you're representing? 8 MS. BRADY: Sorge 9 MR. JENSEN: W}to are we talking to? to MS. BRApy: Elyse Brady, I'm sorry, 3550 11 Eunice Road. I was up eazlier. li I didn't mean to pop up at the end of the Is night, but I just need to fully understand la exactly the step-by-step process here, It's a 15 little cloudy to me and I think if it's cloudy 1 e to me it's probably cloudy to a few other 17 people. So I just happen to be -- 18 speak up. You know, 19 So if you could perhaps share with me the 20 contacts that you made at p(;A, you know, I -- 2I I've just never scen it done like this before, zz so that's why I'm kind of confused. And if 23 they're giving you that informatioq then I za don't understand why it's being handled 25 differently in other areas. 1 your land use. Page 1341 2 MS. BRADY: Correct. 3 THE MAYOR: So that is what rom a 5 ask the question today of the state, Do we need G to do this before this? And the answer we got 7 was no and so we are proceeding in this matter 5 s . MS. DRADY: Oka y. Just for clarification, Do you need to do thi 6 7 9 s before this, can you clarify what "this" is before the "this"? Do 8 1~ 11 you nced to do a DRI before a zoning? what is -- DO You -- 9 to 12 13 THE MAYOR: We aze told that we nced to do 11 la zoning before DRF. We'll nced to do zoning and IS DRI before camp plan. That's what we're told 13 . MS. BRADY: Can I ask you with whom 14 Iti you spoke with at the state? IS 17 18 TFiE MAYOR: I was just going to volunteer that. 16 17 19 Was it a fellow named Brown? 18 20 MR. JENSEN: Mike Brown's with RPC 19 21 22 . THE MAYOR: Mike Brown wt ~ ~ R°g1Onal Planning Council 20 2F 23 za . MS. BRApy: So have you spoken to anybod wtth the De 23 z5 partment of Community Affairs at this point with regard to the corn lan since p p ~ re 2a 2s Diane M. Tro is P- P O. Boa 2375, lacksont+ille, F7 32203 THE MAYOR: Ms. Brady, we aze rel in u age 136 the advice of the city attorney for this process~n and he is diligently trying to ask these questions and have answers. We have researched a number of issues, whether or not we even have to have this process, (inaudible) on some unfunded mandates being forced to do this, in terms of monitoring and things like that in a development order. I don't know if you've gotten that far in the process. MS ©RnpY: t don't know what you mean by development Band-Aids. THE MAYOR: rm not going discuss it here, I don't think. Is this the appropriate place? Ms. BRADY: Okay. Well, could I -- could you just share with me __ TFIE MAYOR: We'll leave it -- MS. BRADY: Okay. $p -- just 50 that I understand and please forgive me for doing this at the last minute. Okay. So next week -- the next -- at the next tnceting you will be making a determination on the zoning per the recommendation coming from your Community Development Board co ~ > rrect. Page 133 -Page 136 rroccedings before the City Commission Multi-Pager" Taken on Apti127, 1998 1 2 3 4 5 6 7 8 9 11 I13 14 IS 16 17 18 I9 I z 3 4 5 6 7 8 9 10 I1 12 13 14 IS 16 17 I8 19 zo 21 bring closure to this portion of the meeting to age 129 call up the -- an assessment of regional impact for the application of C.B. Universal, Incorporated's request to operate acruise -- day cruise ship from Johnston Island, the east side of Johnston Island. This part of the -- that part of the agenda item is now closed and over. I.et me just consult -- as I said, I think the city has not done one of these the whole time and I've been here longer than anyone here. I would push to just double-check with the city attorney to make sure that my procedure has been proper and that I have not left anything out. (Inaudible discussion.) THE MAYOR: Is there anyone who has any questions about what will happen at the next meeting procedurally? AUDIENCE MEMBERS: (NO response.) TiiE MAYOR: All right. Thank you all very much for coming. Ms. BRADY: Excuse me, I'm sorry, 1 don't fully understand what is going to happen at the age 130 next mceting. Arc you going to take acti on p this and consider the land use amendment and the rezoning? I'm a little confused. I know it's late, but could you clarify that for me, if you would, please? THE MAYOR: We wjll, at the next meeting, have two items that are of interest to you on the agenda, maybe more b t , u two we know; one is the rezoning. The Commission will decide the zoning for Johnston Island as it -- as it is now under Atlantic Beach. After we have had the recommendation of the Community Development Board, as is required by our codes, okay, once the zonin is i l g n p ace, we will continue the public hearing and the DRt, not all portions of the DRI but the portio h 1 1 ns we ave not done tonight and there will be an opportunity to hear again from the public. 1 Do you still have questions? 1 MS. BRADY: 1 have a question about the 1 companion land use amendment. If you have a z1 rezoning for the property, ]was curious as to what the land u se amendment procedure was, has that boon initiated and -- 23 THE MAYOR: Are you refcrrin to th e 24 City of Atlantic Beach 1 plan? Page 131 z MS BRADY: Ycs. 3 THE MAYOR: That issue has been 4 researched. 5 Alan, would you like to talk -- speak to 5 that issue since you researched it? ~ MR. IENSEN: It will be addressed later. 8 MS. BRADY: I'm SOt7y? 9 MR. JENSEN: It will be addressed later, 10 MS. BRADY: At the next meeting? I1 M1IR. IENSEN: No. That process has not yet 12 begun. 13 MS. BRADY: Do you not have to have a ]and 14 use designation in place prior to the inning in I5 order to ensure that the zoning is compatible 16 with the land use? 17 MR. IENSEN: According to the officials at 18 the Department of Community Affairs and the 19 Regional Planning Council, it's not necessary zo for this commission to amend this comprehensive 21 land use plan prior to considering the zoning 2z and prior to considering the DRt application. 23 Ms. BeaDY: How can you determine if the 2a zoning is in compliance with the land use? 25 MR. JENSEN: The DRI has to be consistent 1 2 3 4 5 6 8 9 10 11 Iz 13 a 5 6 7 8 9 Diane M- Tropia, P.O. Box 2375, Jackso v'1 e, fl 32203 with the comprehensive plan and consistent wt~te 132 the zoning. MS. BRADY: And what is the designation currently for the land use? MR. IENSEN: The land use? MS. BRgDy: The Atlantic Beach's comp plan designation for that property. MR. JENSEN: The Atlantic Beach comprehensive plan has not bcen amended to include that property yet. MS. BRADY: So that will be done after you approve a zoning for the property? It just doesn't make sense to me -- and pardon me for popping up here at the ~~ but I'm just trying to understand the steps because, from what I have experienced, you have to have a land use designation in order to determine if your zoning is compatible or allowable under the designated land use. And if it dcesn't have a designated land use by Atlantic Beach, I would think that that would be the first process to get your comp plan in compliance and then subsequently get your zoning in compliance, THE MAYOR: Well, that's why we asked the question. Page 129 -Page 132 rroeOCp~gs before the City Commission Multi-Page"" T~ o~Apri127, 1998 1 ~ ~RNO: Question, clarification of the age 1251 z two owners. 1 3 You did say that the draft of the vessel is z a 15 fcet? 3 S MR. WADMAN: Yes. 4 6 MR. BORNO: That's maximum? 5 z ~~ W'ADMAN: (Inaudible.) 6 8 9 MR. BORNO: Okay. Is that what you plan on ~ 10 operating the vessel at is at o ratio ~ Pe g draft. s 9 MR. WAD MAN: We (inaudible) the maximu 71 m worst case basis, yes. 10 tz MR. BORNO: Okay. 11 13 l MR. WADMAN: But that's operating 12 a (inaudible) with less people, less fuel less 13 I5 , (inaudible.) Iq 16 MR. BORNO: Unless my memo IS I7 Is and it could be, but I know I was told today me, ;~ that the average depth of the channel in the 19 Intracoastal Waterway at (inaudible) water is 18 z~ 12 feet maintained 19 21 !z , MR. BOTH: Do you Want me t0 respond t0 that? 20 ~3 4 THE MAYOR: You may. You may respond to 22 5 any question that a commissioner has. 2s MR. RoTx: That depth, that 12 foot that 2a 25 1 z you a arentl Page ]26 PP y got some information on today is 1 what they conside t s r o be a control depth and that control depth is l 2 a on y basicall the Army Corps of En ince i h a 5 g r ng as to do dredging to maintain (inaudible) and no dredging has ev 6 er been necessary, to my knowledge or the Cor ~ s ps knowledge, betwcen the Intracoastal bridge and 6 (inaudible) in that entire area. ~ 9 1 o When we begin to silt up over near the ship yard, as a matter of fa t I q 11 c , think because of something they did recently to the bridge ut ~ Iz , p some big braces undemcath the bridge or 1 13 14 something, I'm not really sure, but on the east side of the island it b d 12 13 IS oar ers a 30 foot deep -_ PProximately la 16 MR. BORNO: $0 it's approximately 30 foot IS 17 IS deep on the inside of the island and do you have charter depths all the 17 19 way up? MR. ROTIL WC have charters all the w zo zl ay out to the river and the lowest point, I think, at low tide is 18 foot 19 20 2z 23 . MR. BORNO: So if it's at 18 fcet, if ' 21 2a you re operating at a displacement of I5, you'd have a (inaudible) eff t f 29 25 ec o 3 foot then? MR. kOTtt: Correct. 24 Diane M. zs Tropia, P-p. Box 2375, Jacksonville, F132203 City of Atlantic Beach MR. BoRNO: More displacement of water.P~e 127 Okay. Thank you. MR. ROTH: Also, it's -- you know ships, Commissioner Meserve knows ships, (inaudible) displacement of ships. That's a (inaudible) wake, just trying to get everybody to understand that. A lot of people think it's -- you know, a 40-, 50-foot boat going 15 miles an hour has a huge wake, 4 or 5 fcet, which it does, but this ship -- you know, if you see -- anybody watches a barge going up and down the Intracoastal Waterways doing 8 or 9 knots, the water dcesn't even move, so I just wanted to -- MR. BoRNO: You got displacement effect, you got a (inaudible) effect. The displacement, when that wake goes by -- if you watched a barge go by, it turns around and pushes water ashore and it sucks the water behind it, not a wake, but it displaces it and it moves a lot of things because it has a lot of water in motion, the displacement does, the bottom effect. MR. BOTH: It doesn't cause a large wake like people think. MR. BORNO: I'm not concemed about the wake effect. I'm concerned about the (inaudible) and what it does. Page 128 THE MAYOR: All right. Final argument by the applicant. Would you prefer to defer? MR. WADMAN: YeS. Thank you. THE MAYOR: t think that's appropriate. To get final argument now is an exercise in futility. Final argument by staff. Would you like to defer? MR. WORLEY: Please. THE MAYOR: All right. We'll consider both of those deferred. All right. So this is as far as we are going. We are not going to take commission action in terms of a vote and we are not going to request the applicant to respond or final staff recommendation. We are better served doing it at the next meeting Are there any questions about what 1 have just said? Would anyone Like __ ] ]chow we all have -- dots anyone want to sec it, though, and bring it with them, just wants to take a look and make sure? COMMISSION MF,MBERS: (tto response.) TIIE MAYOR: Okay. All right. Then we will Page 125 -Page 128 '"roceedrngs before the City Commission Multi-Page"" Taken on April 27, 1998 1 z 3 4 5 6 7 8 9 10 II Iz 13 l4 IS 16 17 18 19 1 z 3 a s 6 7 8 9 IO II 12 13 14 IS 16 77 18 19 zl Page 121 MR. MITCHF.LSON: I also had a question slrrtrlar to -- but Mr. Meserve beat me to it, regazding the height of the ship, and just in terms of our considerations from Atlantic Beach, height of the ship being 58 fcet is quilt a bit -- considerably higher than any structure we would ever allow to be built in Atlantic Beach. And talking about -- talking about the impact to a community and things of that nature, I would visualize a structure that's going to be there that often is -- it bothers me to be thinking of approving something that is time and a half taller than the highest building that we would allow to be constructed in Atlantic Beach. Another point, 200 cars times 2 times a day parking on a grass parking area is going to soon result in no grass whatsoever leading to the entire island __ or the parking area of the island (inaudible) a huge sand pit. Anybody who's seen the parking around the Jaguar games and things of that nature knows you can't -- and those arc one~very-two-week intervals for a three-month period of time. We';c talking about twice a day, winter and summer, no (inaudible) Periods, getting driven on and parked on every single day and I will tell you that that -- the Page 122 island will be ground-in into a sand pit and there's going to be subsequent hard rain where it will leave pieces -- bits of the island arc going to be washed into the Intracoastal Waterway. I'm concerned about wake watch. John mentioned the spced at which the power of that ship will have to be moving in the Intracoastal Waterway. There's a great deal of fishing in the Intracoastal Waterway and I -- a 40- to 50-foot yacht going down the Intracoastal Waterway displaces a tremendous amount of water in that narrow channel and I think that we will have a significant impact to Atlantic Beach shoreline, be it either the marsh or Dutton Island, by this ship moving back and forth. And, finally, the City of St. Augustine asked Bob Butterworth for a ruling regarding the legal status of slot machines on gambling ships operating out of Florida ports. And prior to Mr. Butterworth rendering a decision, the application for that particular gambling ship in St. Augustine was withdrawn and with it ended the consideration of that legal status for slot City of Atlantic Beach 1 machines without actually being determined,Page 123 2 according to the media reports that I have 3 read. If my understanding is correct, the law 4 allows slot machines to be aboard ship as long 5 as they are not being utilized while they are G within the (inaudible) limit. And this allows 7 this placed on the books out of respect for 8 ships traversing the ocean into foreign ports 9 where the laws of only one country were not the to only lama's governing the conduct of what went I7 on board. 12 But the difference between those ships, I7 which are exempted, and the out-and-back type of 14 ships are that there is never any type of an IS entering into a foreign port and as such the 16 purpose for which they allow (inaudible) was 17 made is not really relevant to the ships from Is nowhere. And I fcel like if we're going to be 19 considering approving or disapproving a gambling '20 ship that we ought to request through our city zl attorney a final mling from Bob Butterworth as zz to whether or not slot machines are, in fact, 23 legal on gambling ships in Florida. z4 1 mean, you got away with it the first time zs because the request was backed off of and that 1 2 3 a 5 6 7 a 9 10 11 12 I3 14 IS 16 I7 18 19 was convenient, but I think that we're going Doge 124 be considering it at this point and I think we ought to know that before we render a decision. THE MAYOR: Okay. Timing will be considered on that one. We could try. As I understand it -- because, believe me, I've called -- I'm going to have a phone bill with lots of Tallahassee calls to turn in. The state, no matter what, cannot regulate what does not happen in state waters and that does not happen in state waters is the answer I was given from nca and a number of other people. MR. MITCHELSON: The consideration that was going on at that time had to do with the possession of slot machines when they were in state territory and the exception was made for ships originally because they were actually going away to another country and that -- it wasn't whether or not they were regulating the conduct past the throe-mile limit, it was t1K; possession themselves out of the slot machines on ships that were never entering a foreign port that was up for question. TILE MAYOR: All right. Thank you. Mr. Bomo. 21 z2 Diane M. Tropia, P-p, Box 2375, Jacksonville, F'7 32203 Page 121 -Page 124 n°~°edin8s before the City Commission Multi-Page"' Taken on April 27, 1998 l 2 3 4 5 6 7 8 9 f0 12 13 IS 16 17 IS seaward? Page 117 MR. ROTH: It's approximately 11 miles. MR. MESERVE: And what is your estimate on time to get from Johnston Island to that point? MR. BOTH: One hour. MR. MESERVE: Okay. MR. BOTH: There are certain areas in the Intracoastal that we're aware of that arc slow, no -- no wake, slow speed. MR. MESERVE: In just about every place you can -- you're going to go to, to some degree, (inaudible) 255 foot vessel, which is going to take the entire channel. Now -- I was just curious because I don't know what the currents are like in the Intracoastal Waterway, but they can be pretty vicious and you're going to (inaudible). I don't know how you do it in one hour, but .. . MR. ROTH: Well, we're figuring that we're going to average at least 11 knots. So there are some areas we have to go 3 or 4 knots and there's other areas, once we hit the river with the ocean -- MR. MESERVE: But you're going out on an rncoming tide -- I'm just curious, and it's ~- 1 2 3 a 5 6 7 8 9 to u 12 13 la IS 16 17 IS 19 22 City of Atlantic Beach MR. MESERVE: TO me, I -- 1 Page 119 mean, I look at the geometry of this [}ling. If you're going to make it to the open ocean in one hour, which is what it takes La Cruise, according to them, and they're a heck of a lot closer to the ocean -- and [his boat is -- if it's got to make 11 knots and if it's going on an incoming tide -- and I'm a ship driver myself,,I'm a license Merchant Manne guy -- that means it's got to be chazging on the Intracoastal like -- you know, if it's got a 5-knot incoming tide, which is not uncommon, then it's got to be making 15, 16 knots to do -- to make I I over the ground. It's got to make that all Ure way out or it's got to go like hell by Mayport, which is a no-wake wne, and that's -- I don't know if that's been addressed. Obviously, it must have been addressed with the Coast Guard or somebody, but that's means you've got to get that -- that 255-foot ship going down at night in the dark with fishing boats parked all over that place, and not all of those in the best condition from a driving standpoint, and it's going to cut -- you know, if theoretically it would make a one-hour turnaround, it's got to go 15 knots or 1 Page 118 probably -- it may not even be part of our 2 3 decision process. I'm not sure. That's one of the questions I have that I h ' 1 a aven t really gotten resolved in my own mind 3 5 . We're deciding this ORI issue based on a b 7 everything we hear that says to us, What's the 9 6 8 greater good to the community, I guess. I -- ' 7 and I m not sure -- Mr. Bomo had a lot of 9 technical questions about training and crew 8 to , training and all the other things. I assume 9 11 it's a licensed vessel and it has to go through ~ ~ 12 a Coast Guard (inaudible), so you could assume 13 that we could throw all that at the Coast Guard 12 14 and sa y, "You guys check it out and if you guys 13 la 15 check it out, then it's okay with us " 16 17 . And, again, I don't even know if that's our 15 16 IB res onsibilit P y or not. I would ask, through the Chair, our attorne wh h 17 19 y, et er that is a responsibility or a pan of our decision 1$ 20 21 process, and if it's not, I'm not going to ask the questions an m 19 zo 22 y ore. MR. IENSEN: t think it's certainly a 23 reasonable condition you all can place on any 22 23 2a development order to satisfy [Ire concerns -- 25 many of which were raised by Commissioner Bomo 25 . Diane M- Tropic, P-O. Box 2375, Jacksonville, F7 32203 plus on average to make cone-hour vip out oage 120 the ocean. And I will tell you, I have concerns about that -- that ship or casino cruise or any other ship coming in that Intracoastal at that speed if that's -- if that's what we're going to do. Those -- but those answered my questions. Thank you very much. TILE MAYOR: Commissioner Mitchelson, and thank you for waiting. MR. MITCHELSON: Have you all done any thinking as to where you're going to ride out a hurricane? I know the Navy ships leave port when a hurricane's coming because it's too dangerous to leave them tied up at the docks and with the bridge there and dock and everything there. What is your plan for when a hurricane is striking our area? And it will, I mean, we've been lucky, but sooner or later it will be our rum. Where is your ship going to ride out a hurricane? MR. ROTH: The ORI application had information and our plan is essentially the same as the Navy ships. We will take the ship off shorn. Page 117 -Page 120 ~~ings before the City Commission Multi-Page"" Taken on April 27, 1998 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 IS 16 17 19 engines? If it's low, is it going to be fixed? Page 113 Is it going to get plugged up? Are we going to turn azound and add to the capacity? Are we going to tum around and allow it to turn around and plug up? I've lived through those events and it's not a pleasant event. I guess I could go on and on and on. Most of mine is from -- related from ship handling, capacity, capability, crew training and safety, and last but not least, mooring plans. Nobody's addressed a mooring plan. They tell me we've got dolphins and we got pilings that we're going to put out there. And then I heard the comment tonight, "We're going to lock it up and everybody leaves and goes when we finish with it." We can (inaudible) come up -- you know, how many lines are going to be on that thing, four, six? What type of storm lines? How much movement is going to be allowed in [his mooring plan? What is the relationship to it when it's supposed to be in its position? And what safety factors do we have If something comes up? Are we going to have a watchman that's got a cell phone, he's going to 1 z 3 4 5 6 7 s 9 10 11 Iz 13 14 IS 16 17 18 19 20 23 25 City of Atlantic Beach for at least a few of the questions -- 1 thoughP~e 115 to myself, Mr. City Attorney, these are probably issues that other agencies with greater expertise than 1, perhaps not than you, Mr. Borno, but then I would (inaudible). How -- at some point do we find out what the other agencies, for instance, the Coast Guard and Corps of Engineers have looked at, what they have required? I mean, I want to know more than there's been an approval. I want to know what they looked at or what they required. MR. JENSEN: 1 think you either have to ask the applicants or Mr. Worley on behalf of the city. They are here to present their case and if there's additional information that hasn't been Presented that this commission wants to consider, they're going to have to answer your questions. THE MAYOR: Okay. Well, this entire procedure can take place before any permits have been decided on? MR.3ENSEN: Well, the public hearing and the decision in any development order that this Commission were to enter could make specific requirements regarding permits and other -- as 1 2 call somebody and it takes an hour for everybody 114 1 to get there and then they think about lighting 2 3 off and maybe move the ship? What kind of 4 emergency procedures we got? 3 5 'I7iose are the concerns that I think address 4 6 whether it should be sitting there and whether 5 7 it's an endangerment and it -- instead of turn 6 t3 around and assuming that there's not going to be 9 a problem, you have to always look at -- there g l0 11 is potential, more on the majority side, of having a problem than the i 9 ~ 12 re s not having one. And so in turn you've got to be prepared to 1 13 handle it and not sa s, t i r 12 la b u [ main artery to Atla tic Be h thatos file 13 15 , we'll just ship traffic over to beach or 14 16 whatever." IS n I question whether it is a well thought-out Is 19 approach of where the positioning and all the i 17 Is nterrelationships as I've seen it proposed in 20 2 writing, and that's as much as I can remember 19 20 1 off the to of m y g P y head and read from m (asses 2 z2 fogged up. 1 2J 24 THE MAYOR: Thank you, Commissioner I have a Borno. point of orde i 22 23 25 r quest on that Commissioner Bomo's comments have -- there arc 24 , 25 Diane M. Tropia, P.O. Boz 2375, Jacksonville, F132203 well as any other conditions. PaSe 116 THE MAYOR: Okay. Thank you for that point of order. Commissioner Mitchelson, did you have your -- you always say I never look that way. Do you mind if he -- MR. MITCHELSON: I don't mind if Mr. Meserve goes first. THE MAYOR: Commissioner Meserve. MR. MESERVE: I've just got a couple of questions, fairly routine, for Mr. Roth. You said the ship is 255 feet long, 51 feet wide. What's the height above the water line? MR. ROTH: The freeboard or to the stook? MR. MESERVE: To the top of the highest object that can hit something that's lower than that. MR. ROTH: 56 feet. MR. MESERVE: Okay. And the draft I understood, but I haven't seen it in an official document, it's 15 fcet? MR. ROTIi: Fifteen. MR. MESERVE: The distance was mentioned tonight, and I should look on the chart, but what's the distance from Johnston Island to ~_ Page 1 13 -Page 116 rroceemngs before the City Commission Multi-Pagc"' Ttilcen on Apri127, 1998 t 2 3 a 5 6 7 8 9 10 II 12 13 15 I6 17 18 t9 2a it to be this wa Pagc 109 y. And you are more than welcottte to speak at the next mceting and you would be anyway. Questions from the commissioners? MR. BEAVER: ['m going t0 withhold questions at this point until the next meeting. THE MAYOR: Mr. Borno. MR. soRNO: rve got a whole pad full of them. They're all safety related and issues that I have not heard anybody address from any quadrant and it starts out with, do we know what the weight certification is of the bridge going out to Johnston Island that's been there for many years? Is it limited to a certain tonnage or a weight going across? The reason I ask that is you've got fuel trucks that are going to need to go across, you got water trucks that nced to go across, you've got trash pickup trucks that nced to go across. ]low is the limitation, if there is a limitation, established to it? How is it going to be controlled? Then I get into my conversation with the Corps of Engincers today and what the channel is in the InVacoastal Waterway. And its max width City of Atlantic Beach 1 detail. Where are the overboard fuel discharge~e 111 1 located? Are they up on the upper decks? Are 3 they out through the side? What means is going a to be used to control these things and what 5 watches are going to be posted and is this a 6 (inaudible) water displacement system or a 7 guided tank system? In other words, does it 8 tum around and revert (inaudible) with sea 9 water and displace fuel and you put fuel in and to you dischazge water? And the impact of what it 11 would do if it spills over the side. 12 And then you get into the effects of the 13 wind when you're operating this vessel. And if IS vessel and I took a good look I wallced~ 16 Johnson Island today and all of it. And by wind I~ effect, you're going to have different wind 18 conditions and different vessels, regardless of 19 power, thruster, whatever, we're going to scek a 20 sail effect with wind. Is it going to hit it on 21 the quarter? Is the quarter going to be turned 22 around and be -- and is it going to be powered 23 enough, depending on our wind conditions, to 2a control itself? I haven't heard that zs addressed. 1 s ge 110 is 125 foot and when you get into certain ar z 3 ea where there is maneuverin r ~ 1 2 fumed, it could go as larg eas 135 maybe a 5 140 feet, yet I'm being told that we can tum 3 6 around and take a ship with two diesel engines ~ , assuming that an (inaudible) would be operated 5 so that you can use them for twisting. g 6 What about the bow thruster? d ] take a ~ 9 255-foot ship and I can twist it in en g 1o I I resVicted limited waters without any problems? 1'd like to see evide 9 to 12 nce of that, not conversation. 11 13 Then we get into -- when we do fuel we 12 14 , talk about, "Wolf put a fueling boom around " 13 15 16 it. Fueling booms float. Fuelin b la 17 susceptible to effects of the current. We get a current running through there twice a day or 16 IB Four times a day and you get the ebb and flow 17 19 tides. I don't think satisfactorily that a is 20 21 boom. with that current, in that restricted 19 2 amount of flow, could be mamtaincd to 0 zz adequately provide protection. Zl 23 That goes into m Drew t o 2z 2a 2 qualifications and I ha ven~ hea d an ' 23 5 addressed to that and -- for example, fu ling 25 Diane M. Tropia, P.p, Box 2375, Jacksonville, F'132203 What else have I got here? Page 112 Oh, anchor chains. I haven't heard -- that's an emergency type procedure in case you lose the whole engineering plant. And I haven't heard anything or anybody address in any of these issues that they've given credence to do that in an emergency and what's the length of those chains and arc they of sufficient capacity to handle that tonnage and stop? Then you have to take into account if an anchor's going to work, what's the type of holding grounds we've got there, silt? It's going to slide; they're not going to grab hold. Then I turn around and get into the crew. training, water certification for crew rrlembers and do they stand what we consider an anchor detail or are they there for emergencies or just going to be -- panic at the last second when everything happens? Have -- anybody tell me good, factual information on the depth of the water over in this restricted area that we're going to go into? You know, we know it (inaudible), but where's the cooling water suMion? Is it high? Is it low? Is it shiftable to the main Page 109 -Page 112 rrocaArngs before the City Commission ly(u(ti_pagon+ Taken on Apri127, 1998 1 2 3 4 5 6 7 8 9 to If Iz 13 IS 16 17 18 19 I 2 3 4 s 6 7 8 9 II 12 13 1q IS 16 17 I8 19 California or Europe, to Atlantic City with myge IOS I nurse. You think anybody would send a child to 2 Atlantic City with their nurse today? I also think, number two, there are other 3 q ways of cleaning up Johnston Island and I'd be glad to contribute, as I'm sure everybody opposed to this would be. I mean, it's not 5 ~ going to take a million dollars . I feel like what we're doing now -- and I 8 only can speak emotionally, which I shouldn't 9 10 do, but I have a question for you. I feel as if we're paying homage to grced and ushering out 12 common sense when we accept this proposal. 13 r. feel as a resident that I need to retain Iq an attorney to protect my rights as a resident IS of Atlantic Beach, which I chose because of its residential quality. I feel as if I need to 16 call up Sam Jacobson or somebody and say, " Ig Please fight this clement. I don't want it in Atlantic Beach." Why should I, as a person, have to pay an attomey to take f 20 care o Atlantic Beach the way I want it? ~_ 1 I mean, I'm -- 1 am very upset. I also 22 wish you will take out the first gambling ship. ' 24 I m aga_ inst___ and it's not moral -- so much 25 moral. I like to la Page 1061 p y poker, I like to play bridge, but Ijust don't want it in Atlantic 1 Beach. 2 Thank you. I'm sorry to take your time at this hour. q TliE MAYOR That's quite all right. The 5 li first gambling ship is not our jurisdiction. ~ All right. That is, I believe the end of , people who would like to speak, so at this point 9 I close this session of the public hearing because there will be additional information at 10 the next meeting on the 1 Ith in terms of the t 1 zoning recommendation coming from the Commun ity 13 Development Board. We will have to have a Iq public hearing or• that r.;ght as well. We cannot 15 simply tell you tonight, "All right. We've 16 heard from you and we're not going to hear from you again," and we change the circumstances on Ig you. So we'll all be back here the same time, 19 same place -- little bit different time. 0 That will be a very long meeting. We have 2 also on the agenda the report from our drainage z2 consultant. I would wish to ask -- and I'm not 23 Finished with this, all I did was ::lost the public hearing and I'm (inaudible). I'm going 25 Diane M. Tropic, P.p_ Box 2375, lacksont+ille, 1.7 32203 City of Atlantic Beach to continue with the DRI now. Page 107 With regard to the public hearing, does -- which precedes what on the agenda, Maureen, do you have any idea? They're all new business, aren't they? MS. KMG: (Inaudible. ) THE MAYOR: All right. Well, we'll work that out. We'll try to have it in the newspaper so that you are advised, and thank you. (Inaudible discussion.) THE MAYOR: Let me try to find my order here and I -- I wish to give everybody a chance to do that. I just want to make sure that I follow this closely. Okay. You're right. Staff and then applicant should have an opportunity to present rebuttal evidence and after that we'll have questions on the part of the commissioners. Right now I need to give staff an opportunity to present rebuttal evidence. Mr.Jazbce. MR. JARBOE: This is not rebuttal evidence. I just want to clarify something for the Commission and the public. The staff has not approved the project (inaudible) earlier. The staff just made recommendations if the Page 108 Commission approves it. I just wanted to clarify that for the record. THE MAYOR: All right. Mr. Worley, do you wish to speak? MR. K'ORLEY: Actually, I would request to be permitted to speak at the next meeting, give me an opportunity to look at some of the information that's bcen provided tonight. THE MAYOR: I think it's a reasonable request in light of the volume. All right. The applicants would you care to have this opportunity to speak? MR. WADMAN: We'll speak at the next meeting also if that's -- MR. ROTH: We want t0 try to pull everything together that was said tonight. THE MAYOR: I understand. MR. Rorli: Probably the best way to do that is to just wait till everything is said and apparently there's going to be another opportunity. THE': MAYOR: It's an unusual event that it is fragmented, but the annexation and a number of other issues that are not routine have caused Page 105 -Page 108 rroceedings before the City Commission Multi-Pager" Tak~Apri127, 1998 I 1 2 3 4 5 6 7 8 9 10 Il 12 14 16 18 19 daily basis could Page 101 possibly create erosion on the marshes, dam the water's edge ande l g I 2 around Johnston lsland. What affect will huma i 3 n act vity, noise and water twbulence associated with cruise ship ti 5 ac vity have on land, water and air, animal life in the loc ti ti a on? Would these creatures and nature be forced to seek another habitat more ~ conducive to their existence? & We've enjoyed fishing in the Intracoastal Waterways, bird watching observin v 10 , g otters, raccoons, squirrels, rabbits, fox, ll I I and possums, I mean, all kinds of birds~ We do IZ not want their environment and natwal habitat distwbed for the k 13 14 sa e of a gambling ship nor the inhabitants, humans, that exist there I5 . Thank you very much 16 . THE MAYOR: Thank you. 17 The last speaker on the list -- at least the last speaker with a f 18 19 orm will be J. P. Marchioli, please 2n . You're alrcad sworn in, Marchioli? ZI MR. MARCHIOLI: Yes, ma am. 22 THE MAypR: you've already stated your address. 23 za 1 Z MR. MARCHtOLI: I've heard a lot of pro and ge 102 3 cons, some good -- good talks. I a Congratulations Mr. Rabassa and Joe Posch for some very ve 2 3 5 , ry good points. I've been through this k 6 pac age at the city clerk's office and i don't know how ma 5 7 ny people in here have been through that package and 6 8 9 studied it, but one thing they have left out and ~ 10 no one has mentioned it all night lon g I nv 8 11 S°m -- I mean, it w as not in the letter from tlr ponce departm t ' g IO IZ en . I m sure there's oin to be a Wells Fargo or whatever haulin I9 14 g money in and out of this location and how often and how, I don't have any idea 12 13 IS or concept, but it was not covered in the presentation. Okay? I4 I5 17 Number two, thank [hc lord we live in a is I8 very democratic nation, and what's going to happen if this autho it 16 I~ I9 z° r y prevails and they do put in the -- an operation? There's going to b 18 zl e the law of supply and demand. People attend to the gambling ship and th i I9 o 22 ey w ll (inaudible) make any money and survive. And if they don't it Z z3 24 , wtJl not survive beca use they're not going to stay there if th 22 23 zs ey aced __ if they don't make any money, so we'll see what ha ens P I b l 24 Diane p . e ieve zs M. Tropia, P.O, gox 2375, Jacksonville, F132203 City of Atlantic Beach the majority will prevail and that's a very Page 103 important point to think about. If you -- if the people attend the gambling ship and it's profitable, it will survive. If the people do not patronize it, it will not survive and it will be gone. You need to think about that. Some of these other points that Albert Rabassa and Jce Posch made, I think those are very critical and very important points. Thank you very much. THE MAYOR: Thank you very much, Mr. Marchioli. Is there anyone further who wishes to speak? AUDIENCE MEMBER: (Indicating.) THE MAYOR: Ms. Gehs (phonetic), will you come forward, please MS. GELTS: (Complies.) THE MAYOR: Were you sworn in? MS. GELTS: Yes. Basically, I have some questions. What's the effect of this going to have on Tresca? Is it now going to be like 5500,000 that we're spending here? And Dutton Island, what's the effect that's going to be on Dutton Island, ii passing by twice a day, everyge 104 day? What effect is it going to have me -_ with the access that I have to the Intracoastal now on my boat in that -- because that's where I -- we go on ow boat. We have a boat at Pablo Crcek as well. Those are my main concerns. I oppose the gambling ship. Thank you. THE MAYOR: Okay. Thank you. Yes, Ms. White. AUDIENCE MEMBER: I promise this will really be quick. Nancy White __ THE MAYOR; you're entitled to the same time -- Ms. wHrrE: No. We're all tired, An understatement. Nancy Whig, 1729 Seminole Road, Atlantic Beach. Now, I must say the commissioners all must know how I fcel. I'm opposed to the gambling ship. When I was a little girl I lived in Philadelphia and my pazents would send me before we went to someplace exotic like Page 101 -Page 104 rroceedings before: the City Commission Multi-Page'" Taken on Apr:: 2i, 1998 1 2 3 a 5 6 7 8 9 70 11 12 13 IS 17 19 to raise due process ar Page 97 guments. You cannot say this is just one ship becaus 1 e everybody has got a right to practice a certain type of business 2 , you can't give anybody a monopoly. You'll be 3 opening the flood gates if you let one gambling ship operation in 5 . Mr. Wadman and Mr. Roth have done a job. I wish they would co t t ~ 5 & me o our commu ty and do something that does not involve alcohol and gambling. I'm sure they would be a positive contribution. to For all the reasons I've just stated, I be;ieve the meeting tonight is ina 11 12 ppropriate and illegal and I would ask on public health, safety l and morals reasons that our city not set a a Precedent and allow gambling. 15 TtiE MAYOR: The next speaker will be 1 ti Kathryn J. Dorsey 17 . AUDIENCE MEMBER: Thank you very much for permitting me to address this meeting this I9 evening even though I'm not a resident of Atlantic Bea h 20 21 c . I reside at 453 Pablo Point Drive in Jackson ill 22 v e, Florida. I am on the marsh, west of the proposed 23 docking area on Johnston Island. Man of th y e zs 1 2 items that I want to discuss tonight of concern age 98 have been addres d 3 se already. With your permission, I will still repeat them b a 5 ecause I might address one poim that may be different that might beaffected 4 6 - As a resident of the Pablo Point 5 7 8 subdivision in Jacksonville, Florida, we arc i 6 9 wr ting, my husband and 1, to register our 7 1~ opposition and our concern in connection with the marina and multiple cr i h a 9 11 u se s i casino operation proposed for Johnston Isla d I~ 12 13 . As interestin - g -- interested citizens, we 11 la are concerned with the impact this development project will have on the natural reso 12 13 IS urces, the (inaudible) environment. 14 1 ti 17 As nearby property owners, we arc a uall COncerned with the re l 15 16 rs sa e value of our homes. It has been our obse i 17 19 rvat on that the roads now existing canno! handle the additional traffic IS 20 21 generated by this project without undue additional con esti 19 zo 22 g on and safety problems. Traffic at this time is so dense along Atlantic 21 23 Boulevard connecting the beaches and zz 24 25 Jacksonville as well as serving as a means to 23 24 enter and leave Johnston Island that this major 25 Diane M. Tropia, P.O. Box 2375, Jacksonville, F7 32203 City of Atlantic Beach artery is under construction to increase the page 99 four existing lanes to six lanes. When a representative of C.B. Universal, Incorporated, was questioned conceming the reason for the selection of Johnston Island for the site of the proposed entertainment facility, he responded the same, that there are very few islands and waterways left in Jacksonville for development projects. To us, this in itself should be reason enough to deny the request to attach a gambling ship to this piece of property. Additionally, it is our understanding that another bridge is scheduled to be built over the Intracoastal Waterway and Johnston Island. This construction project will extend over a number of years creating additional hazards. In fact, to enter and exit Johnston Island at this time in itself is a hazard. As stated earlier, we aze concerned with the natural resources that the area -- however, even more concemed with the human inhabitants that reside in the area and invested a large part of their lifetime financial resources in their homes. Among our concerns are --~ navigational safety of individual boaters azounde 100 the dock area and around the ship mooring to the dock and getting underway, the displacement of the strong currents which shall be stationary at the (inaudible) location, enlargement of individual -- I'm sorry, endangerment of individual boaters injuring and (inaudible) the many water inlets off the Intracoastal and the area (inaudible) six times a week The bridge on Atlantic Boulevard at the Intracoastal Waterway that links Jacksonville with the Mayport Naval Station and the beaches as well as the proposed bridge across Johnston Island could be in jeopardy if a ship as large as a casino ship were to break ]Dose from its mooring. Experience a loss of power while underway, the noise generated from the traffic, a large number of people, music from the calypso band on the sun deck of the ship and the routine operation of the cruise-size ship will travel across the water and present a nuisance factor for the local residents many hours a week during both the daylight and at night. pollutants discharged in the water as well as the turbines from this large cruise ship, wake on almost a Page 97 -Page 100 ,T~pnl 27, 998tty ~~ssion Mtilti-Page'' 1 2 3 4 5 6 7 s 9 10 11 12 13 I4 15 17 19 don't pay to get on the boat, the Page 93 therefore, the Y go on free, y won't even be counted on a head count. Along with the comps, when the boat leaves, the band starts and then the booze stars to flow. That also is free for the -- for the tilers. The people that really gamble get booze. I would suggest the city have some sort of a license that you would be able to control whatever happened in a monthly period or in a three-month's period so you could take a look at things. There is going to be an expense for fire and police because that's who's going to be called and I'm sure 550,000 a year is not going to cover that. I don't know, a boat doesn't pay a tax to the city, I don't think. There should be some sort of a way to establish a fee that would cover those costs, and along with those costs would be proper insurance certificates to protect the city, and I thank you. THE MAYOR. Thank you, Mr. Pesch. Speaker Number 20, Christopher Anderson. (Audience member approaches the podium.) 1 2 3 4 5 6 7 8 9 10 It 12 13 la IS 16 17 18 19 zl City of Atlantic Beach public hearing. We are putting off the Page 95 deliberation and the final rendering of an order or a judgment because we do no[ have the zoning in place. And as I -- I don't know when you came into the meeting, but it's -- think of it as a set of dominos. And the zoning is not in place for a good reason, so that is going to be determined at the next meeting, and the DRt will not be done until the zoning is in place. You're absolutely r'ght, MR. ANDERSON: 1 understand, but nevertheless my objection stands. I believe that once the zoning is in place, we're entitled to have a meeting after that and I believe we have to repeat this whole process. THE MgypR. That's correct. Because of the addition, the city and I -- the city attorney and I have discussed thatjusttoday. Because of tFx; addition of the zoning matter, we believe that this public hcazing will have to be done -- will have to be continued to our next rnceting. MR. ANDERSON: My objection is to having it (inaudible] until after the zoning is in place. THE MAYOR: I'm SOt7y? The crickets are 1 THE MAYOR: SO Pagc 94 d 2 the ~ayour name begins with A and you ome at 3 a AUDIENCE MEMBER: I think if m n Shaughness Y ame was y (inaudible) l h , 5 a p abetical order, too, but that's fair I usuall q 6 , y get to go first. Mayor, commissioners, I would just like t 5 7 8 o say, I'm a resident of Atlantic Beach, 1679 Seminole Road e ~ 9 to . I would like to say for the record that I'm 8 1I opposed to having a gambling ship in my city. I don't think it's a ositi th to 12 p ve ing. Also -- and while I'm disappointed to see few Atl i 11 13 14 ant c Beach residents here, I certain) a M V ce I2 13 IS s. alerie Britt said carli~ ll ques WOn the legality of what [he ' 14 16 1 council s doing in terms of not having the zoning ordinance in place first 15 7 IS before issci.^S ~ permit. I believe that you probably have to straighten out the zonin 17 19 g first -- 18 20 TILE MAYOR: Point of order -- 19 27 MR. ANDERSON: Yes. 20 22 THF. MAYOR: -- that is exactly what we a 21 23 2a re doing. That is why the decision is deferred from tonight till the 22 23 25 next mceting. We were holding this r p ocess and we are holding the z4 25 Diane M. Tropia, P.O. Box 2375, Jacksonville, FI 32203 just -- go ahead. Page 96 MR. ANDERSON: I don't believe the continuance is appropriate. I believe that we have to start this whole process all over again after the zoning is in place from beginning to end. THE MAYOR: Well that would be a procedural matter that I would defer to the attorneys. I thank you for at least bringing it up. MR. ANDERSON: My other pojnt is the traffic congestion. I commute every day from Atlantic Beach to downtown Jacksonville. The commute's abominable. In three years it has gone from a 20-minute commute to a minimum 45-minute outside an hour and 20 minutes each way. Adding any more traffic even with the on-ramp and off-ramp, the fly-away ramp that's going to be added, it would just be the straw that broke the camel's back. And I believe your city attorney will tell you this, that once you allow one business of any type into the community, you cannot stop others from coming in, too. They're going to raise equal nm,r~,:.... ______ _. Page 93 -Page 96 Proceedings before the City Commission Multi-Page"" City of Atlantic Beach Taken on Apri127, 1998 Page 89 Page 91 1 coming out to get our votes, we hear about what 1 MS. ASHBY: I do know for a fact, because I 2 strong family values that you hold. And some of 2 helped participate on -- on our DARE programs 3 you, I'm sure, do have children in our local 3 where the police officers try to teach our a community schools, and ], as an educator, am 4 children to say no to alcohol, it is a known 5 very concerned about the impact that this 5 fact that in Duval County, according to the 6 gambling establishment will have and the 6 surveys that aze done every year by the children ~ impression it will make upon the children of our 7 in Duval County, that the beaches area has the 8 community. 8 highest dmg and alcohol abuse. 9 Now, I know I'm not supposed to be 9 Now, if you're a parent, I think that's 1o emotional, so I will try my best not to be, but to something that you ought to be concemed about t I I work every day with these children and I see I t because children model the behavior that they I2 the effects that gambling has on the family and I2 see. i3 how it impacts thew lives and how alcohol I3 I am very -- I was very pleased to see our la impacts their lives, so it's hard to -- not to to soccer team recognized and these are the future t5 be emotional. 15 members of our community and we try to teach i6 Now, I believe the owners, the Johnstons, t6 them in the schools to say no to drugs and I7 who seem to have left, do not reside in our I7 alcohol, but I think the Commission would be 18 community, as I think I heard her say, they're I8 making a real statement if they approved this. t9 from Georgia, so they don't know how our i9 I'm asking you on behalf of the children, 20 children are affected. 20 who have gone to bed and who will be growing up 2I This is a business venture for them as well 2I in our commu~:ity, to please deny this 22 as for the investors, but this is not the type zz application. 23 of entertainment that I would like to have the 23 Thank you for listening. za children of our community sce every time they 2a THE MAYOR: The next speaker will be Joseph 25 cross the bridge. Gambling is for adults, but 25 Posch. Page 90 Page 92 1 the children know exactly where their patents 1 AUDIENCE MEMBER: Good evening. I must be 2 are going and what they're doing. 2 the last, you said number 19. 3 Gambling is an addictive behavior. Now, I 3 THE MAYOR: There have been three more come 4 don't have the facts to prove that tonight, but 4 ir. since then. 5 if you've done any reading and you know anything 5 MR. POSCiI: Jce Posch, 142 Magnolia, 6 about what goes on in our counseling areas, 5 Atlantic Beach. 7 addiction of gambling does exist and a lot of 7 This will only take me about one minute. 8 money is spent on gambling rehabilitation. 8 I'm not speaking for or against gambling at this 9 Now, our investors didn't seem to make any 9 time, but I do have experience; I come from 10 remarks as to how they're going to fund to Atlantic City. I 1 rehabilitation programs for the members of our t t There are certain things that 1 heard 12 community who seem to have gambling problems. 12 tonight that really need to be looked at, I I3 Now, also I'm concerned about the alcohol, tJ think, from your side and that is a gambling la which has been addressed, and I'm wondering if I4 boat would be unregulated, so anything going on IS our police department is going to monitor the 15 on that boat, no matter what it would be, would I6 blood alcohol Icve] of the people when they get I6 come back if it happened in Atlantic Beach n off of these ships and enter our communities and n because there's no way to regulate the dealers i8 our highways. And I would like to ask if anyone 18 or the gamblers, and you've heard that before. 19 has any statistics about how many I9 The dealers in Atlantic City are all 20 alcohol-related accidents have increased in our 20 licensed by the state. The other thing is the 2I community since the La Cruise has gone to the 2I gambling industry lives on comps and that's why 22 Mayport area. 22 I don't -- 1 would suggest you don't get caught z3 I Vied to cross out things that have 23 up into apex-ticket basis that is sold because 24 already been addressed. z4 the comps are given to the high rollers and 25 7HE MAYOR: Thank you. 25 they're bussed and limousined in here. They Diane M. Tropia, P.O- Box 2375, Jacksonville, Fl 32203 Page 89 -Page 92 Proceedings before the City Commission Multi-Page"" City of Atlantic Beach Taken on Apri127, 199R Page 85 Page 87 1 commissioners should examine how much we charge 1 buy a Jaguars ticket you soe, "City of 2 per ticket to make it worth our while. 2 Jacksonville" ticket -- I think it's 52.75 or $3 3 If we chazged a dollar and a half per 3 -- printed right on the ticket. We can have 4 ticket, using their own numbers, we would a the same thing. 5 generate approximately S270,000 a year. That 5 We are not going to leave it up to the 6 $50,000 token shows how much they really think 6 entrepreneurs of the cruise ship to say, "We're 7 we've fallen off the turnip truck. 7 going to give you 550,000." That is a drop in a The people who get on that boat will not go 8 the bucket to the amount of money they hope to 9 out to sea, which -- now, I have a boat at Pablo 9 generate on a cash-flow basis through those 10 Creek and it's 9 miles to the jetty. If it's a 10 machines. 11 no-wake zone, that huge ship is going to have to 11 THE MAYOR: Thank you, Mr. Rabassa. 12 slow down, so you're talking about an hour, hour 12 The next speaker shall be Leonard -- 13 and a half, maybe two hours to get throe miles 13 Dodrill? 14 out. It's going to be the same amount of time 14 AUDIENCE MEMBER: Dodrill. IS coming back. 15 THE MAYOR: Dodrill. Thank you. 16 I disagree with their leaving the port time 16 MR. DODRILL: My name is Leonard Dodrill. 17 and thew return time because I don't think the 17 I live at 118 lst Avenue South, Jacksonville 18 ship is going to do that unless you disapprove Is Beach. 19 of the no-wake zones that we have. t9 And 1 would just like to suggest to the 20 But forget about that, let's assume they 20 Commission that, you know, it would be really zl can get azound that, they can tum those slot zl refreshing to be able to go over the bridge and 22 machines -- it's totally unregulated. You have 22 go to work and do things and looking out over 23 no control how much money they take out of the 23 there and sceing something that is financially za machines. The reason that they're willing to za productive, esthetically pleasing to the eye and 25 put all this infrastructure in, build the 25 not sec junk and boats and people down there Page 86 Page 88 t buildings, put the roads in because you're I with little blow torches making things. It's 2 talking about an astronomical amount of money. 2 just not attractive. 3 We've talked about traffic regulations. 3 It's the first thing that people see when a I'm concerned about the traffic regulations, but a they come out to the beach. I tell people, you 5 Atlantic Boulevard has 26,000 cars a day; 150 5 know, I live at the beach, they come over, 6 cars isn't going to be a nit to Atlantic 6 beautiful, you know, junk yard in your front 7 Boulevard. We get emotionally involved in 7 yard. So I'd just like to suggest that that 8 traffic when the business side of it is totally 8 would be a very good thing, so -- thank you. 9 overlooked. And I'm saying, if we go forward, 9 THE MAYOR: Thank you for coming and 10 be careful what you sign, about how much we get 10 stating your opinion. u per ticket because it could be very beneficial 11 The 18th speaker will be Marcy Ashby. Iz to us. Iz Arc you still here? 13 They're not putting up all this money 13 AUDIENCE MEMBER: Oh, yes. la because they think they have a losing 14 THE MAYOR: Okay. 1 haven't seen you in a IS obligation. They're putting up this money IS while. 16 because they know how much money they can make. 16 MS. ASHBY: Hi. 17 Those slot machines, they can go in and 17 THE MAYOR: Hi. IS turn them on, click, and have two of them paying 18 MS. ASHBY: I'm Marcy Ashby. I reside at 19 off all the time and all the rest of the people 19 133 Pine Street. zo heaz the bells going off, they think everybody's z0 I'm a voter, a homeowner and a 17-year 21 winning, and 600 slot machines on the ship 21 resident of the beaches area. I intentionally 22 aren't paying the big one. 22 picked Atlantic Beach as my home residence and I 23 Be careful if we go forward with what we 23 purchased my home here because I thought this is za sign as our part of the tak;,. We can make it a 2a a community with strong family values. z5 ramp fee, we can make it a tickM fee. When you z5 And every time we see you politicians Diane M. Tropic, P.O. Box 2375, Jacksonville, F7 32203 Page 85 -Page 88 Proceedings before the City Commission Multi-Page"'' Taken on Apri127, 1998 City of Atlantic Beach t Page 81 down the river, they park them, they work on t Page 83 it is or was some 16 years ago, a very, very 2 them, they stay there. They don't go back and 2 nice, quiet area. 3 forth every day four times a day. They are 3 I thank you for your time. 4 there for two weeks, a month, however long it 4 THE MAYOR: All right. Thank you, 5 takes, then they go back out again. So that's 5 Ms. Billotti. 6 two trips in maybe -- let's say, the very 6 Next will be Mr. Rabassa. 7 minimum two weeks time. 7 AUDIENCE MEMBER: Albert Rabassa, 1820 Live 8 Now, I can't see how they can say that 8 Oak Lane. 9 these ships that -- are comparative trips to 9 I'm approaching it from a different l0 this vessel they now propose to put there; l0 standpoint. It's kind of nice to hear people t t however, that's what they say, there will be no t t who really don't express how they feel about 12 impact. 12 this project, but I'm approaching it from the 13 Again, I'm worried about the marsh 13 point that I refuse to be insulted by the people 14 features. I happen to live there. 1've lived to proposing the cruise ship. Having somewhat of a t5 there -- I've owned property there. I haven't is limited background in gaming, I would just like t 6 lived there continuously from that time, but we 16 the commissioners to understand the swpe of the 17 purchased our home in 1986 when the marsh was n dollars that transpire for a venture like this. t 8 pristine. There were no noise levels that we 18 And I was insulted when I read in the paper t9 had to deal with. There were no impacted -- I 19 that they are going to give us 30 cents per 20 even saw manatee at that time, which I do not 20 ticket on this cruise ship and we would get zl see now. Okay? zt $50,000 a year and then they decided that it zz What I'm trying to convey to you, you do zz should go to the Park Commission. 23 not realize what -- this will impact the marsh 23 One, I think you all decide where the money 2a until it's too late to repair the damage that's za goes, but you have to remember on a cruise ship zs already done. zs like this you basically have Black Jack, you Page 82 Page 84 t They said, "Don't talk about emotional t have Roulette and you have Stud Poker and 2 issues." The emotional issue here is we've got z California Poker. Those games are set basically 3 to protect what we have now because we won't be 3 by the number of players that you keep at the a able to replace it once it's gone. a table, but the odds never change. 5 A wmment was made this evening that said 5 Where they make their money, as was pointed 6 that -- someone quoted, ]don't remember where 6 out before, the rest of the ship is totally 7 it came from, but it's probably so, but this is ~ unregulated. They could turn those slot 8 one of the last islands that's available to be, 8 machines off and not pay a quarter to anybody 9 shall we say -- I don't even know what the word 9 and you have no recourse. That is where the to would be, but say -- let's just say "used" at t0 money generates. So if you take their numbers t t this point, okay? If this is one of the last 1 t -- and I don't disagrce with them or agree with t2 nice islands left, then let's do something t2 them, but they're saying there's going to be 175 13 constructive with it. Let's make it something t3 cars or 150 cars, there's 2 people, that's means la that we can be -- have of a value. Why can't we t4 that they're looking at a cruise ship going out t5 have something for kids to go fishing or a park t5 with 300 people on it twice a day. That's 600 16 or a picnic area or something that is valuable 16 people a day. If they only go out 300 days a t7 to the citizenry? t7 year, that comes to some number like 180,000 18 I mean, no one is going to benefit except t8 people in a course of the trip. t9 the three gentlemen -- or the two gentlemen who t9 If we approve this -- and I don't want to 20 have invested their money in this venture. I'm z0 get into whetlrr we ought to have gambling, 2t not going to sec any value of him having -- or 21 whether it's moral or immoral. I won't -- 2z them having this boat go back and forth, but 22 that's anever-ending battle. You know, that's 23 have you put soma kind of green space or some 23 -- the morality issue will never be resolved in 2a kind of picnic area, I can go there and 1 can za our lifetime. My point, though, is that if, by 25 enjoy the land and the island and it can stay as 25 chance, this thing goes through, the uranc tvt. t ropta, Y.U. Box 2375, Jacksonville, FI 32203 Page 81 -Page 84 Proceedings before the City Commission Multi-Page'r'' City of Atlantic Beach Taken on April 27, 1998 Page 77 Page 79 1 My concem is there is a tremendous amount 1 fact that I bring my daughter back from school 2 of traffic on the road already on the roads, San 2 at 3 o'clock in the afternoon and that now I 3 Pablo, which I'm a resident of, north of 3 might have to contend with people who are coming 4 Atlantic Boulevard. a off a ship who may have been drinking; that is 5 And I am a paraprofessional at Neptune 5 an extreme concern and the fact that my 6 Beach Elementary and with school children coming 6 inexperienced teenager driver is going to have 7 and going, whether it's buses, private vehicles, 7 to contend with that also. The traffic is bad 8 carpooling, that is a major concern. School 8 enough without putting that element into it 9 gets out for -- elementary school at 3 o'clock. 9 during daytime hours. l0 There's buses that have, I believe, 55, 60 10 Those are my concerns. Thank you. t t childrer. o.-. L'tem and they're going back and 1 I THE MAYOR: Thank you. Iz forth over the Intracoastal-Atlantic bridge. 12 The next speaker will b;. Mary Billotti. 13 If the proposed ship were to dock from its 13 AUDIENCE MEMDER: Billotti. to trip and come back, that would just add mom la THE MAYOR: Billotti. Pardon me. 15 traffic to the -- to the tremendous amount of 15 MS. BiLLOTTt: rd like to give you each a l6 traffic, I believe, we already have. 16 letter that -- I have a couple of letters that I t7 So I just feel that this is a very 17 have written. I wrote to the Corps of Engincers 18 important concern and -- for our children who t8 and EPA. 19 are transported to and from school, not just 19 Some of my concerns have bcen addressed but 20 elementazy school, we've also got middle school 20 not thoroughly and I will read them to you and 21 and high schools as well. Thank you. zl you can explain them to me because I live 22 THE MAYOR: All right. Thank you and thank 22 immediately behind Johnston Island. 1 am not 23 you for your patience and for waiting to be 23 impacted by the noise that they say I hear from z4 heard. 24 the marina on the other side of Atlantic 25 The next person the Chair calls is Kathlcen 25 Boulevard; however, I'm sure that I will be Page 78 Page 80 t Brown. I impacted by the noise I hear from a casino ship 2 AtJD1ENCE MEM[3ER: My name is Kathlcen z when it's docked there twice a day as it leaves 3 Brown. I live at 365 Pablo Point Drive in 3 and as it arrives back. a Jacksonville, 32225. I'm an officer of the a Okay. I'm Mary Billotti. I live at 469 5 Pablo Point Civic Association. I would like to 5 Pablo Point Drive, Jacksonville, and I have 6 speak in opposition to the casino boat. 6 given you two letters, which I have written, one 7 I can look out of the windows in my house 7 to Mr. Meyer at the Corps of Engineers. I'll 8 on the marsh and see the Atlantic Boulevard 8 just pick up his excerpts. 9 bridge and so ]can check traffic before I go 9 We were trying to verify that there would 10 back and forth across. We do a lot of crossing; to definitely be environmental damage to the mazsh I1 our church is in Atlantic Beach, I have a child 11 as well as to the wildlife. There is no way you 12 in school in Neptune Beach and 1 have a teenage I2 can tell this unless this boat goes back and 13 son who drives back and forth -- across the 13 forth; however, I've been told that all of the la bridge to see his friends. la traffic that now goes back and forth should 15 When I first heard of the project, 1 drove 15 impact it the same way, but the other day I 16 down to Johnston Island to see how you got down 16 stood out and I watched. I probably was there n there, where it was, and came back out. It was 17 probably -- maybe for an hour. There were about 18 a Sunday afternoon, and as it stands now it's a 18 four or five spced boats, whatever you want to I9 very dangerous, very sharp right turn and you 19 call them, with motors, numerous sailboats. 20 have to accelerate into traffic al] of a sudden 20 There was not one large vessel carrying 600 21 going 45. ]t was an on-beat traffic time when I 2t people. 22 did it and I found it very scary. The 22 Thcy say that this would also be 23 acceleration lanes arc an absolute mess; 1 hope 23 comparative to the traffic that Moody -- 2a they're long enough. 2a Mr. Moody's repair work does. When they have 25 I'm also very, very concerned about the 25 ships coming in to repair them, they bring them Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 77 -Page 80 Proceedings before the City Commission Multi-Page"" Taken on April 27. 1998 City of Atlantic Beach Page 73 Page 75 1 Vaffic light for allowing just a certain number 1 commission [sic] to be able to have a copy of 2 of cars to get out. How long will that take? 2 it. 3 If we're talking 300 cars or so and they're 3 THE MAYOR: All right. (Inaudible) the a coming in at off-peak hours, does that mean that a city attorney. 5 by the time we get to rush hour we finally have 5 MR. JENSEN: (Inaudible.) 6 all the cars out? I don't know. Something you 6 THE MAYOR: Myself as well. I think we're 7 might want to consider. ', going to be heading for -- well, I'll tell you, 8 We're assuming that the Florida Department 8 if we do this -- and it is 10:15. We are going 9 of Transportation has not incorporated this 9 to have to call a recess at some point. t0 proposed project into its improvement to 10 Ms. Perrone -- you're not Ms. Perrone, the I 1 Atlantic Boulevard and design for the reu• bridge I t friend of Ms. Perrone, if you would like to read 12 at the Intracoastal Waterway. We would hope 12 the letter, you are more than welcome to it. If 13 that any conditions imposed by DOT and any other l3 you would like to simply submit it, I guarantee la agency including the Department of Community la you we will read it. IS Affairs and the City of Atlantic Beach be in IS AUDIENCE MEMBER: That's all right. In I6 place prior to the commencement of this 16 view of the time, I'll just submit the letter. 17 project. We certainly could not approve if this 17 THE MAYOR: Okay. Thank you. t8 Atlantic -- if the Atlantic Boulevard I8 All right. At this point, I'm going to 19 infrastructure and new bridge were to require 19 call aten-minute recess. 20 costly retrofitting to accommodate this project zo (Short recess.) z I should it go forward. 21 TttE MAYOR: Okay. The recess has come to 22 The proposed Johnston Island CG zoning and 22 an end. The Chair had -- let me go back to a 23 gambling ship project stands to impact thousands 23 point of order. There was a question for 2a of residents on both sides of the Intracoastal 2a Mr. Jensen just prior to the recess. 25 Waterway. We would hope that in the zs Would the person who asked that question Page 74 Page 76 1 deliberation process consideration will be given 1 phase restate it? 2 as to how this project will affect everyone, 2 AUDIENCE MEMBERS: (NO response.) 3 Atlantic Beach residents and Jacksonville 3 TE1E MAYOR: All right. There is no one a residents alike. At stake is how much we, as an 4 here to address it. 5 entire community, respect and value the 5 I call Sherry Brosius, please. 6 preservation and promotion of quality of life 6 AUDIENCE MEMBER: Hi. I'm Sherry BroSius. 7 for all citizens. Thank you. 7 I'm at 377 North San Pablo Road, Jacksonville 8 TEiE MAYOR: Thank you, Ms. Brady. If you'd B , Florida. 9 give your Copy to the city clerk. 9 THE MAYOR: Sherry, will you move the l0 MS. BRADY: Thanks. 1G microphone until it's in front of you? 11 THE MAYOR: The next Speaker shall be 11 MS. BROSIUS: Sure. 12 Loretta Perrone. 12 7HE MAYOR: The reason is -- the reason fOr 13 Did I -- is it Perrone or Perrone? 13 that is not only so that you can be heazd, but 14 AUDIENCE MEMBER: Pcrtone. She isn't 14 that fceds directly into the tape, which i5 the 15 here. She sent a letter and asked us to give it IS record of the meeting. 16 to you to put it in the record. She's a marsh 16 MS. BROSEUS: Okay. Do I aced to restate 17 resident, she's my neighbor, and she's got an 17 what I've currently said? 18 ill son, so she asked me would I please bring 18 TFiE MAYOR: Pardon me? 19 this. 19 MS. BROSIUS: DO I tfCCd t0 restate what 20 TAE MAYOR: Certainly. You're more than 20 I've already said? Did you hear it On the tape, z I welcome to put it in the public record and you 21 on the mike? Was it okay? 22 may speak if you like. 22 (Inaudible discussion.) 23 AUDIENCE MEMBER: Well, she has written -- 23 THF, MAYOR: Yes. Please proceed. 2a I mean, if you'd like I can read what she's 24 MS. BROSIUS: Excuse me, it's past my 25 written, but she sent copies for each of the 2s bedtime. Diaac M. Tropia, P.O. Box 2375, Jacksoavillc, Fl 32203 Page 73 -Page 76 Proceedings before the City Commission Multi-Page"" Taken on April 27, 1998 1 2 3 a 5 6 7 8 9 10 u 13 la 15 I6 l7 18 19 2a 25 I 2 3 a 5 6 7 8 9 l0 11 12 13 14 15 16 n 18 19 121 zz 23 Page 69 Ponte Vedra Beach. I have offices here at Atlantic Beach for the last five years, 64S Mayport Road. I've been involved in the beach activities for about the last eight years. I'm an entrepreneur. I have known the two individuals -- I've met one of them twice. I've dealt with entrepreneurs since 1979. My business is dealing with folks that start a small business and make it grow; that's precisely what they're doing hem. They have an idea; they want to nurture it; they want to make it grow. If they're not breaking any laws, they should be allowed that opportunity to make that type of opportunity grow. I'm also here for another reason; I am a gambler. I gamble, I go to gambling ships. If any one of you have been out to La Cruise, there is a family of people that go out there. Last weekend I was out there, at my table there was two men from Belgium, a man from Chicago, a lady from Jacksonville, myself and another individual and we had a camaraderie betwcen us. Nobody lost very much. I can say someone won a few dollars. I'm not going to say who that person Page 70 was because the IRS might be here. But the people that go on these ships are not bad people and a lot of folks think that gamblers go out there, bad elements move into the area. I've bcen on gambling ships throughout Florida and the folks that go on there -- it's a nice day cruise. I don't call it a day ship or a cruise ship; it is, in fact, a gambling ship, thus we all know what it is. But the folks that work on La cruise are nice, decent folks, they feed their families. One young lady has four children she supports all by herself. There's other folks out there and they're the exact same types of people that they're going to hire here on their cruise ship. They arc gambling, basically, these two young men, their lives to make this gambling ship go and I thoroughly support it, I support the entrepreneurial vision that they have; and I hope that you consider it and give it your best attention. Thank you. THE MAYOR: All right. Thank you, Mr. Hannon. The next speaker shall be -- just a moment, 1 2 3 4 S 6 7 i8 ~9 10 11 12 13 l4 IS 16 17 18 I9 20 21 22 23 I 2 3 4 5 6 7 8 9 10 11 12 13 la 15 I6 17 Is 19 25 City of Atlantic Beach Page 71 please -- Elyse Brady. Is that the correct pronunciation? MS. BRADY: Yes. YeS, it iS. THE MAYOR: Good evening. MS. BRADY: Good evening. My name's Elyse Brady. I live at 3550 Eunice Road in Isle of Palms, west of the Intracoastal. I'm the president of the West Beaches Community Association and I'd just like to read a letter into the record, if I may, and ]'ll provide one as well to the clerk. Is that okay? THE MAYOR: You're more than welcome to. MS. BRADY: Thanks. "By formal vote of its board of directors, West Beaches Community Association submits this letter of opposition to the development of regional impact project proposed for Johnston Island, specifically the gambling ship and intense CG caning. We're an umbrella organization representing member neighborhoods comprising over 2,500 households west of the Intracoastal Waterway and it's in Jacksonville Planning Districts 2, 3 and 5 respectively. Our organization has worked diligently to improve the quality life in our community Page 72 through beautification projects, legislative initiatives, growth management involvement and citizen/govemmental partnerships. Of concern to our organization is the insurmountable traffic problem that will be created by the proposed Johnston Island gambling ship project. Since access to the island is limited, cars vaveling from the west would need to make a u-turn at the Mayport exchange and double back westward to the Johnston Island entrance. Cazs exiting Johnston Island heading east would be required to travel west over the Intracoastal bridge and make a u-turn near or at the San Pablo Road intersection. This intersection is at failure, I might add. It has not met concurrency requirements so it definitely will be impacting that area. This is unsafe, unreasonable, and, in our opinion, unacceptable. Adding a burst of cazs twice a day from the gambling boat to the already-busy Atlantic Boulevard will make this roadway treacherous, not to mention the fact that many of the drivers will have been drinking while on board ship. Someone mentioned that there would be a utanc m. i ropia, Y.l:. tsox Ls7~, Jacksonville, F1 32203 Page 69 -Page 72 rroceedings before the City Commission Multi-Page"" Taken on Apri127, 1998 1 2 3 4 5 6 7 s 9 12 13 14 15 16 17 18 122 1 2 3 a 5 6 7 8 9 11 I2 13 la 15 16 17 I8 21 22 z3 Page 65 gentleman that can't be here tonight. THE MAYOR: Okay. MR. THOMPSON: Okay. It's a very short letter, so I will (inaudible) it briefly. "1 am writing this letter as a member of the Pablo Point Civic Association to express my opposition to the proposed rewning of lohnston Island for commercial use, especially any modification to allow a (inaudible) operation of a large gambling ship from this area, as has been proposed by C.B. Universal, Incorporated. As immediate neighbors to the proposed docking site, we aze deeply concerned about the impact of operating such a large ship on a very narrow and relatively shallow channel at Johnston Island including its effect on Waal and (inaudible) traffic, public services including emergency access and the enduonment. Due to our physical proximity to the Intracoastal Waterway, we would be first in line to deal with the consequences of a potential maritime disaster such as collision, grounding or a fire, as well its more mundane but still distressing factors such as water and noise pollution and even greater congestion in an Page 66 already heavy traffic area. Prior to retuning or permitting, any development should be compelled to prove minimal or no additional environmental impact in this fragile area. Lastly, we are proud of the residential quality of our neighbors as the people of Atlantic Beach (inaudible). We ask you as the current custodians of Johnston Island and adjacent marsh area not to permit any activities that would detract from our quality of life any more than you would permit such activities to detract from your home. Thank you for your time and cooperation." I have copies. I will -- made a copy available to the city attorney. THE MAYOR: Who is the signatory? MR. 7HOMPSON: Edward F. McDonald, also a resident of Pablo Point. THE MAYOR: Thank you very much. Would you like to enter that into the record? MR. THOMPSON: Yes. ~. Tt{E MAYOR: Okay. Thank you. The next speaker shall be Tom Dumas. MR. DutvlAS: Tom Dumas, 27 South 32nd 1 2 3 4 5 6 7 a 9 l0 It 12 13 14 IS 16 17 IS 19 2l zz 23 za 1 2 3 4 5 6 7 8 9 10 ll 12 13 la IS 16 17 I8 19 iv 21 City of Atlantic Beach Page 67. Avenue, Jacksonville Beach. I'm here representing the owners of Johnston Island to speak in favor of the DRI application. One, the Regional Planning Council recommends approval with conditions. Two, the City of Atlantic Beach staff report recommends. approval with conditions. Three, a day cruise marina use would be consistent with the comprehensive plan of the City of Atlantic Beach when amended. Four, a day cruise marina use would be less intensive than the neighboring heavy industrial use and compatible with the neighboring marina and commercial general use. Five, a day cruise marina use would have the most minimal requirement for services from the City of Atlantic Beach. Six, a day cruise marina use would improve the environmental impact of a use rather than under the previous heavy industrial caning. Seven, the site by its island nature is well buffered from all surrounding uses. Thank you. THE MAYOR: Thank you, Mr. Dumas. Page 68 The next speaker shall be Tim Taylor. AUDIENCE MEMBER: I'm Tim Taylor, 1009 12th Street North, Jacksonville Beach. And I'm here to speak in favor of the applicant's DRI application on the grounds basically that he's already covered; the community is not going to be vastly affected, the economic impact is favorable and the environmental impact is negligible on his operation or what he intends to do. I've been around here, I grew up here, and I currently work here at the beach. I've seen Johnston Island for the last 20 years, it is an eyesore, and I believe what he's intending to do is -- negligible impact and an improvement to the island and I strongly urge the Commission tonight to support his application. THE MAYOR: All right. Thank you, Mr. Taylor. Next person to speak publicly shall be Rod Hanncr. (Audience member approaches the podium.) THE MAYOR: Good evening. AUDIENCE MEMBER: Madam Mayor, my name is Rod Harney. I reside at 255 North Rosece in u.auc m. r copra, r.v. nox is r~, ~aetc3onvrue, Hl 32203 Page 65 -Page 68 ><'rot.eed-ngs before the City Commission Multi-Page"" Taken on Apri127. 1998 1 2 3 a 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 125 1 z 3 a 5 6 7 8 9 10 Il t2 13 la 15 16 17 I9 20 25 Page 61 Mr. Wolfson. Mr. Wolfson is the Chairman of the Atlantic Beach Community Development Board, I thought I would add. AUDIENCE MEMBER: Good moming -- good evening, Mayor Shaughnessy. I feel like it's morning; 1 just got off a plane. I saw that you were still in session, so I decided to drop in. One point that I have and that is that the applicants made this overture to the Commission that they had approached each govemment agency that they listed and that each governmental body -- and referred to a minimal of opposition. The point that I'd like to mention here is that in this instance certainly it is not taken into account that -- the zoning considerations of Atlantic Beach and part of this -- this concern that I have right now is that what's important in considering the best zoning for that particulaz area is really along-term impact, not a 1 S-yeaz lease, although -- in all due respect to the applicants, I understand their -- their, you know, financial commitment, their willingness to go the extra mile to make this compatible with the area as they possibly can, ~ Page 62 but coming from a zoning perspective, this is the main entrance to Atlantic Beach and it's a long-term vision here and really that is what sort of drives the Commission and the zoning board and it's really the long-term impact on that area and what it's going to mean to the main entrance, the primary entrance to the City of Atlantic Beach. And to make it -- I know that there's been some encouragement of a CG zoning by certain individuals that were here earlier this evening, but to even assume that that might come into play might be a premature assumption until the Atlantic Beach Community Development Board can make some evaluation, a fair evaluation of al] of the information that we can gather and then come back and make a recommendation to you and I think it's very important for us to look in the long-term and not just look at a ]ease. Thank you very much. TEEE MAYOR: Thank you, Mr. Wolfson. The next speaker will be Curtis Ford. AUDIENCE MEiMBER: Curtis Ford, 1897 Beach Avenue, Atlantic Beach, Florida 32233. I'm a resident of the beaches area since I 2 3 4 5 6 7 B 9 10 11 lz 13 14 IS 16 17 I8 19 20 21 22 23 !1 2 3 a 5 6 7 B 9 to 11 Iz 13 14 15 16 17 IB 19 21 22 23 2a 25 City of Atlantic Beach Page 63 1965. I have family that lives in Jacksonville Beach and Atlantic Beach. I actually came here this evening just to be a voice of reason. I'm pleasantly surprised that -- or not surprise but pleased to see from the Mayor that reason and law will prevail and emotion is not to be really considered. There's not a whole lot I can say as to the fact. I certainly was enlightened on the presentation this evening, and with all due respect to the comments that were just made by Don, the entrance to Atlantic Beach is important to all of us here and I think the entrance, as described and diagramed by C.B. Universal, is certainly an improvement to what we see currently at Johnston Island. So, you know, I think we -- we can certainly take a position of judging what is best and what the land use should be, but once you've made your determination on the zoning, there are property rights here that should be supported and the owners of Johnston Island should be able to do with their property within the caning regulations that they're operating under. And this -- this project, in my opinion, Page 64 is an improvement to what we have there now. I have three children. 1 have a wife. I can tell you before coming down here this evening that I had part of my family, you know, saying, "Go down there and speak," and I had part of my family saying, "Don't you dare speak in favor of," so, you know, I've got a family that's on both sides cf the issue. But, again, as a resident, a long-term resident of the beaches, as long as this group has or can comply with the govemment agencies, the DEP, the Corps of Engineers, St. Johns River Management -- Water Management, and so on, I think it's reasonable that they are granted their request. Thank you. THE MAYOR: Thank you, Mr. Ford, for coming under arduous circumstances. The next speaker shall be Gordon Thompson; am I saying that right? Am I reading it right? AUDIENCE MEMBER: Yeah. TtiE MAYOR: Thank you. MR. TxoMrsoN: Gordon Thompson, 321 Tarrasa Drive, Jacksonville, Pablo Point. I'm a member of the Pablo Point Association and I was asked to read a letter that was given to me by a ~+o+n. na. a wpia, r.v. nvx G~ r.7, JBGCSOIIVI-IC, C- SGLUS Page 61 -Page 64 rroceedings before the City Commission Multi-Page'" Taken on April 27, 1998 1 2 3 a 5 6 7 a 9 10 11 Iz 13 14 IS 16 17 zo 21 1 z 3 4 5 6 7 8 9 10 11 12 13 I4 16 n I8 19 23 za Page 57 it's not your typical DRI. So, again, 1 would -- I would, you know, like to indicate that. I'll very quickly enter the other ones into evidence. I have for each of you and for the record the Jacksonville Planning Department comprehensive plan map; it includes Johnston Island, also the deed of the island, the map of Atlantic Boulevazd and the Johnston Island area including the access and the bridge areas, and a map that shows the project site, and I would like all of these entered into evidence and copies provided to the members. THE MAYOR: Thank you very much. MS. BRITT: Thank you. THE MAYOR: I do need to make -- I need to make one clarification. MS. BRT1'I': Yes. THE MAYOR: Since you are not a principal, you may enter nothing into the -- into evidence, but they may beentered -- MS. BRrrr: Into the record. Yes. I'll enter the -- THE MAYOR: I know that you said that because you were taking my words to heart and I was telling you we would only consider real and Page 58 substantial evidence and so I can understand your terming it that way. MS. BRITT: Okay. And I would like to clarify that -- that expert witness testimony from a certified planner, I am entering it into the record and it will certainly be considered substantial, competent evidence in a review, I would think, because it is entered by -- these are the official documents of the city and these are the recommendations of a certified land planner. So I'm entering it into the record, but at some point I think it will certainly be considered evidence. Thank you very much. TILE MAYOR: 1 think I would ask the city attorney to address that. MR. IENSED!: YOU've heard n0 CAmpetent, substantial evidence from any experts. She's submitting a written letter, which is not subject to cross examination, so it certainly is not substantial, competent evidence at this time. Ms. BRITT: Okay. Thank you. MR. JENSEN: This is a period for questions and comments by the public and they arc not allowed to offer evidence on behalf of the city 1 2 3 4 5 6 7 a 9 10 I1 12 13 l4 IS 16 17 I8 19 20 25 1 z 3 a 5 6 7 8 9 10 I1 12 13 14 15 16 77 18 19 zo 21 zz 23 City of Atlantic Beach Page 59 or on behalf of the applicant, but they can certainly request that things be made part of the record. THE MAYOR: Okay. Thank you very much. And thank you, Ms. Britt. Next I have Gcri West. (Audience member approaches the podium.) THE MAYOR: Would you state your name and address for the record, please? AUDIENCE MEMBER: Yes. My name's Geri WCSt and I live at 378 Pablo Point Drive. I'm here to speak in opposition of the proposed boat. I think it's a very large boat and it's -- we're in a sensitive area right now with our wildlife and everything like that, but my main concern is this: 1 was on the subcommittee for the traffic in our area. I do know that some of our children go over that bridge. It used to be, years ago, people kind of planned their day around the traffic hours. Today every hour is traffic hour. Over that bridge they go 60 miles an hour. Our children are being put over there. I was hit by a drank driver in 1983. I would like to know what the alcohol situation is Page 60 going to be here and if they're going to -- when they're going to cut them off, how they're going to serve alcohol, arc they going to serve alcohol there? I mean, you're concerned about alcohol being served at Dancing in the Streets, you walked off from a 25,000-people event, I'd say that was pretty good. Now, I'd like to know what the business of the alcohol is going to be on this boat, gambling and alcohol. I'd just like -- it's going to be on our streets going east and west, north and south. So I would just like to ask the people that -- maybe they could explain to us how they're going to serve that liquor and what police presence is going to be there. THE MAYOR: Thank you. MS. WEST: You're welcome. TtiE MAYOR: All right. Next is Donald M. Wolfson, please. Are you here? AUDIENCE MEMBER: (Indicating.) THE MAYOR: Sometimes people go borne. (Audience member approaches the podium.) THE MAYOR: Good evening, L.o.,., ,.,. „op,u, r.v. nox a~ rte, ~acrsonvrrre, rr szzus Page 57 -Page 60 Proceedings before the City Commission Multi-Page' City of Atlantic Beach Taken on April 27, 1998 t Page 53 Executive Office of the Governor submitted as t Page 55 time frame, so I cannot submit that into 2 evidence in opposition to C.B. Universal DRI by 2 evidence. What I would like to do is submit 3 our civic association and it's from the Office 3 this as evidence, that there would be a a of Planning and Budget in Tallahassee and it 4 concurtency issue. And, as you know, according 5 does address some of the economic issues and I 5 to Chapter 163 of state law, you must be 6 think you will find and agrce that they have not 6 consistent with your own concurrency management 7 found or -- from the research that those claims 7 program at the local level and you must be 8 are substantiated. 8 consistent with the state law for concurrency 9 And, again, the reason I'm submitting this 9 management. 10 is in rebuttal to the letter that was submitted 10 I think you will sec and hear from the 11 by the applicant from their trade industry. So, t I intersections -- San Pablo Road between Atlantic Iz again, that's probably -- it would be my opinion 12 Boulevard and Beach Boulevard is currently 13 that that would be somewhat biased and I would 13 operating at level -- level failure. They have la hope that this information would be more 14 recently added the Maziner's Club Apartments, 15 objective; it is from the Governor's office. IS which adds considerable more traffic, and I 16 The second item on -- to address somewhat 16 think that was certainly done after the -- the 17 of a rebuttal to the applicant's claims is a t7 figures that I'm presenting here tonight. I8 document of quotations that are from reputable 18 So we're looking at state issues. We're t9 sources and those books and studies are listed 19 not just looking at the -- the local impact of zo at the back of the document. This was compiled 20 state issues. And you must, according to state 21 for us by the Community and Economic Defense 21 law, be in compliance with these. 22 Services in Maryland and I will submit that for 22 Again, you must put into perspective the z3 reference and documentation and evidence to the z3 DRt recommendations. Today I have seen no 2a DRI file. 2a evidence that any of these permits that have 25 In addition, I'll submit to the clerk 25 been reviewed -- there have not bcen issued any t Page 54 documentation of our board and also my I Page 56 permits. Often -- if you will look at their 2 credentials in zoning and land use matters. I 2 letters, they indicate we aren't -- we don't 3 just have one copy of that for the record. 3 have objections at this point, we don't have a There has bcen considerable discussion a complete information at this point, and in 5 about the traffic. Onc thing that was not 5 addition to that, they state that they reserve 6 mentioned -- I did attend the DRI hearings and 6 the right for certain reviews at the permitting 7 heard those comments firsthand and I would like 7 stage. 8 to remind you that the DRI review is done on the 8 So this is preliminary and you should not 9 applicant's submissions and that means that 9 jump to the conclusions, of course, that that is to their traffic study, because it did not include to approval. That is simply a review. They have I I significant intersections such as San Pablo Road I I certainly been through much review, but to date 12 and Atlantic Boulevard, is not a complete 12 there have not been actual approvals. l3 study. And if you will refer to the Mtn letter 13 ]n addition, I would like to recommend that la that was in the DRt file, you will note that 14 you do review -- I'm sorry, I would like to 15 they did not give an approval. What they gave IS recommend that you do review the DRI tapes from 15 was a statement that they did not have all of 16 the hearings. I think they're very crucial 17 the information, so they didn't make an n because at those meetings they did recommend I8 objection at that point, but that should not be 1K approval, but they recommended approval with 19 construed to mean that that is an approval or 19 many, many, many concerns and with the two 20 that everything is okay. So, therefore, I would 20 council members, Council member Kravitz and zl like to enter into the record some traffic 21 Councilwoman Hipps, who do represent the azea, 22 analysis evidence. z2 as voting in opposition to it, to recommend z3 We have contacted someone to do a traffic 23 denial. And they left it up to you, in your 2a study for us to build on the study that's bcen 24 wisdom and in your judgment, up to you as staff z5 done, but they were not able to do it within the zs members, because it was more of a local issue, Dian e M. Tropic, P.O. Box 2375, Jacksonville, Fl 32203 Page 53 -Page 56 Proceedings before the City Commission Multi-Page"" Taken on Apri127, 1998 1 2 3 a 5 6 7 8 9 to 11 12 13 la IS 16 17 I9 20 21 22 l 2 3 a 5 6 7 8 9 10 I2 13 14 15 16 n 18 19 21 22 27 Page 49 drivers already pushing the yellow light fumed red. This project will do nothing but increase traffic and our difficulties. Noise, observation: The gambling boat, its customers, the extra traffic and the necessary equipment and services that are needed to run this establishment will not be silent additions to the neighborhood. Music and engine noise are only a few of the increased sounds that will be heard. Pablo Point impact: Already heard from across the waterway are the intrusive noises from the sports bar south of the Intracoastal bridge. Our residents are inundated with the pounding music and traffic noise on the access road. We have never objected to the occasional noises of celebrations such as the annual King Fish Tournament but in the process of working with the authorities to resolve the complaints of our residents with a sports bar. The additional noise that this gambling ship will bring is of great concem. We will not just be bombarded with the increased amount of noise but also by echoing and bouncing across the water. This effect is not unlike the Page 50 controversial sound issue of the new concert pavilion. Environmental concerns, observation: Visit the site of the current casino boat company and several other ship mooring areas and you will observe the oiliest water surrounding the ship along with the garbage that's floating in the water. This new ship with its constant comings and goings will also bring with it the same oily mess and floating trash. Pablo Point impact: Many of our homes are on marshfront property. We enjoy the natural, clean settings that promote wildlife in Florida. Our children and pets can enjoy back yard and surrounding areas free from worry that they will come across unsanitary trash, oily slicks and animals suffering from having eaten plastic and other trash. The debris and oil from this ship will find its way into our back yards. 1 would like to make one comment on the previous issue that the industrial -- excuse me -- would hope that the City Commission will look to the future in making this decision based on today's community nceds and desires and not ~ 1 2 3 a 5 6 7 8 9 l0 Ll 12 13 la 15 16 17 I8 19 20 21 22 z3 24 25 1 2 3 a 5 6 7 8 9 10 I1 12 13 la 15 16 17 18 19 20 21 zz 23 City of Atlantic Beach Page 51 the industrial decisions of Jacksonville in the past. Thank you. TIIE IvIAYGR~ Thank you, Ms. McGuire. The next speaker shall be Valerie Britt. (Ms. Britt approaches the podium.) THE MAYOR: Good evening. MS. BRITT: Good evening. Valerie Britt, 378 Tilefish Court. I am the director of grievances, land use and zoning issues in our neighborhood, Pablo Point. And I basically, rather than give a speech, want to submit some items to the record and I will hand them all out at one time at the end, but I will just make a note of tlese for the record and then make a few comments on land use and caning matters. ] have two documents from Fleet and Associates, who arc land planners, by Janice Fleet, AICP, who's president of Fleet and Associates, aone-page and atwo-page document that deal with the issues of land use assignments. And I would like to note that at this point there has been no amendment, land use amendment, to the comprehensive plan of the City of Atlantic Beach and to be in compliance with Page 52 state law at some point there is not only a zoning but there must be a land use amendment, which does go through I7CA and does go through the other agencies and that apparently has not been initiated at this point. In addition, even if the -- even if the CG zoning is approved separately from this hearing here today, at this time your land development regulations and zoning code do not provide for this specific use within the conunercial general, so it still (eaves that open to this specific project being inconsistent with your land development regulations as well as inconsistent with the comprehensive plan. So the two items from Fleet and Associates do touch on some of those issues that I would like to introduce into the record. ]n addition to that, there's been -- there have been numerous comments from the applicants concerning the economic benefits and there was an issue on the DRl about -- that they would be able to substantiate that; therefore, I would like to enter two documents into the record and also I do have copies for each of you. The first one is a document prepared by the Diane M. Tropia, P.O. Box 2375, ]acksonvillc, Fl 32203 Page 49 -Page 52 Proceedings before the City Commission Multi-Page"" Taken on Apri127, 1998 City of Atlantic Beach 1 Page 4S It's my opinion that all of the these -- I Page 47 THE MAYOR: Thank you, Mr. Weldon. z these gentlemen mentioned 27, I chatted with the 2 The next person will be Charlene McGuire. 3 State Attorneys Gen- -- General's Office today 3 Would you come forward, please? a and they iist over 3S of these cmises to 4 AUDIENCE MEMBER: Good evening. My name is S nowhere or gambling boats currently operating in 5 Charlene McGuire, 487 Tarrasa Drive, 6 and around Florida waters. It's my opinion that 6 Jacksonville, Florida. I'm the current 7 these are a direct circumvention of two 7 president of the Pablo Point Civic Association. 8 statewide referenda, which have denied legal 8 I ask for your patience for this 9 status to casino gambling, and I think that we 9 statement. 1 have a copy of it for all of you. to all recognize this, but because of the legal to Some of these have already bcen mentioned I I competitions weren't able to -- to face it. I I before, but the board of our association feels 12 These operations aze unregulated, that 12 that we must enter our opposition into the t3 means there is no gambling authority in the 13 official records. la State of Florida other than parrmutuel gambling to We have several residents here that will 15 authority, which has no regulation of this type 15 probably be better at wording what I am going to 16 of operation. That means that no one checks the 16 say to you and I will probably leave most of t7 slot machines, no one checks the regulations of 17 that -- excuse me -- to them. t8 the -- of the other gaming equipment on board. to Thank you for your [sic) opportunity to 19 It's strictly up to the operators to monitor 19 enter a statement into your official minutes of 20 their own activity and fairness and reliability 20 this hearing. Although not residents of 21 at this -- at gaming. 21 Atlantic Beach or Neptune Beach, we have long 22 It's my contention that these boats -- and 22 enjoyed being your neighbors across the bridge 23 the contention of many others around the state, 23 and hope that the concerns that we share with za I might add, that these boats do not contribute 2a you about the effects of this project on our 25 significantly to the local tax base. Gambling 25 community arc your concerns also. Page 46 Page 48 t proceeds are not taxable, not by the State of I Traffic, observation: The only exit from 2 Florida and certainly not by local agencies. 2 Johnston Island is an eastbound road that 3 Many other cities around the State of 3 requires a sharp turn to enter the westbound 4 Florida aze currently in serious legal disputes a Atlantic Boulevard lanes. Not only is this a 5 and litigation with similar ventures. I name 5 dangerous maneuver performed by dozens of 6 only several of them: Key Lazgo, Hollywood, 6 impatient drivers eager to get out to the 7 Fort Myers Beach, Crystal River, St. Augustine. 7 traffic, but it will lend itself to dangerous 8 The lesson of all these disputes is don't let 8 u-rums west of the Intracoastal bridge so that 9 these ventures get started because once they arc 9 cars can then head eastbound on Atlantic 10 started they're very difficult to dislodge. t0 Boulevard. t t A well-known mayor from one of our cities 1 t Cars not using the median breaks along -- 12 to the north, Rudolph Guiliani, recently invoked t2 located on the highway east of the 13 federal regulations to require vessels, gambling 13 San Pablo/Atlantic intersection will be found at to vessels like these, to operate outside the la this intersection's light creating even more of 15 12-mile territorial limit off the State of Ncw IS a traffic snarl that already exists. t5 York. He has very bluntly stated opposition to t6 Also remember that the traffic on Atlantic 17 these gaming vessels and it was his specific 17 Boulevard from Mayport Road to -- beyond Keman is intent that their attractiveness to gambling 18 Road is already extremely heavy most of the 19 operators be limited and it has been very 19 time. 20 effective, I understand. zo The Pablo Point impact: It is already zt I call on you to look for legal and 21 difficult to get out of our development onto 22 conclusive ways to deny this application as 22 Atlantic Boulevard or to continue south on 23 inconsistent with the standards of the 23 San Pablo Road. We are continuously plagued 24 communities of Atlantic and Neptune Beach. 2a with short lights and ahigh-traffic volume that z5 Thank you. z5 has led to an increase in the accident rate and utane M. Tropic, P.O. Box 2375, Jacksonville, Fl 32203 Page 45 -Page 48 Proceedings before the City Commission Multi-Page"" City of Atlantic Beach Taken on April 27, 1998 Page 41 Page 43 1 We look forward to working with everybody, t applicant as witnesses but who have submitted 2 we have with all the agencies. You see this is 2 notices in advance of their request to speak to 3 a fairly big commitment to the area, a ]5-yeaz 3 the issue in support of, in opposition to or a lease, a $100,000 acceleration lane and about a a just to ask questions, determine a point of 5 yeaz of our time, so -- we'd be glad to answer 5 order and place them under oath. These persons 6 any questions that the commissioners or Mayor 6 aze not subject to cross examination. 7 may have or anybody here this evening. 7 If you have filled out a blue slip, will 8 THE MAYOR: Thank you for your 8 you come forward, please, and be placed under 9 presentation. 9 oath or if you anticipate -- excuse me -- or 10 Mr. Worley, I extend to you the same to just stand where you are. That's fine. I t courtesy under the process that I extended to t t I also would like to say if you anticipate t2 Mr. Roth and Mr. Wadman. Do you wish to cross 12 wanting to speak and you did not fill out a blue 13 examine them? 13 slip, please stand. You will be allowed to 14 MR. WoRLEY: If I may, ]would just like to to speak, but we nced to have you placed under 15 know if the applicants would be willing to 15 oath. These are the state's rules, these are S6 accept the recommendation by the city to apply 16 not mine. I am not making these up as I go 17 the same boom requirement while dischazging 17 along, I promise you. t8 thew sewage as they do -- as we've suggested 18 Ms. King. 19 they do during the refueling process in case of 19 MS. KING: Please raise your right hand. 20 -- to help contain a spill in case Something 20 AUDIENCE MEM-ERS: (Comply.) 21 like that occurred. zt MS. KING: DO you SOICmnly Swear that the 22 MR. RoTH: That's fine. 22 evidence that you will give before these 23 MR. WADMAN: That's fine. We'd probably do 23 proceedings is the truth and nothing but the 2a it the same time then. za truth? 25 MR. WORLEY: Also your acceleration lane 25 AUDIENCE MEM-ERS: [ do. Page 42 Page 44 t that's proposed on the drawing, that has been t THE MAYOR: Okay. As a point of order, z approved by the DGT as far as the length of the z Commissioner Meservc would like to know if at 3 acceleration lane? 3 some point the Commission may ask questions. a MR. wADMAN: The length of the acceleration a (Inaudible discussion.) 5 lane, because the guardrail's being moved, meets 5 THE MAYOR: At this time, I will open the 6 the current requirements for an acceleration 6 public hearing. I have already asked for George 7 lane and a tapering off. 7 -- excuse me, John Weldon, Jr., to come e Two things took place to make that happen: 8 forward. 9 Onc of them, it was shifted further cast so the 9 Would you come forward, please, and state to existing entrance and exit off that island is 10 your name and your address -- t l going to be -- I'm going t0 say 75 feet, 11 AUDIENCH MEM-ER: Good evening. John 12 100 feet further east. Of course, moving the 12 Weldon, 108 Oak Strcet, Neptune Beach. 13 guardrail and having us being allowed to put our 13 THE MAYOR: Full address for the record. la acceleration lane, it tapers off the existing to MR. wELDON: 108 Oak Street, Neptune Beach, 15 bridge, squcezed out the (inaudible). 15 Florida 32266. 16 This is all done with the property that's 16 Ladies and gentlemen, I find it interesting t7 currently owned in the right-of-way by the DOT. 17 that one of the applicants would make the remark 18 And I want to mention also, the DOT has not t8 that this will be the landmark at the entrance 19 signed off on this. This is the plan that was 19 to Atlantic Beach. After all is said and done, 2n agrced to verbally on Friday that mods all of 20 this is a gambling casino that we are discussing zl their requirements and they like. 21 and if you think that you would like to have a z2 TFIE MAYOR: Thank you, Mr. Worley. Let me 2z gambling casino as a landmark at the entrance to 23 look at my procedure and get back to you. 23 Atlantic Beach, I think you would be very much 2a All right. Next is identify any persons 2a out of step with the citizenry of both Atlantic z5 who have not bcen called by staff or t}tc 25 and Neptune Beach. Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 41 -Page 44 Proceedings before the City Commission Multi-Pagen'' City of Atlantic Beach Taken on Apri127, 1998 Page 37 Page 39 t working on this for over a year. This wasn't I what I've got around there. 1've got an 2 something that's been floated for about a month 2 operating ship yard that's either sandblasting, 3 or two. We have worked with the following 3 drilling or welding on the west. I've got a a government agencies and have obviously gotten a bridge that gxs right over me with 55,000 cars 5 this far because we haven't had a major problem 5 per day, and I've got a marina that has bans on 6 or hurl. We're not doing anything that's 6 weekends and a jet ski rental. We are going to 7 illegal. 7 adhere to all Ixal noise regulations. 8 I'm going to read off the agencies that 8 You can see that~this is not a tranquil, 9 we've had to work with: Department of 9 quiet area to be sailing from; it's probably one I~ Envuonrnental Protection, Florida Game and Fresh l0 of the reasons it has never bcen really fully I I Water Fish Commission, St. Johns Water I t developed. I2 Management District, U.S. Army Corps of Iz Four, who is against your day cruise 13 Engineers, Florida Department of Transportation, 13 operation? Most people that have talked to us, la Northeast Florida Regional Planning Council, la once they understand the facts about the IS Metropolitan Planning Organization, U.S. Coast 15 business, think it's great. From all the 16 Guard and the Marine Patrol. That's an awful 16 government agencies, the meetings that we've 17 lot of scrutiny, a lot of government agencies 17 attended and newspaper articles, it appears that 18 that are third party that have given us their 18 the West Beaches are against us. And we'll 19 review and so far we've gotten this far with 19 address any of those concerns this evening and 20 what you've heard from George Worley were the zo anybody from Atlantic Beach. 21 conditions. zl The agencies have reviewed our project and 2z In terms of the top ten questions, these 22 concerns and this is what it's been narrowed 23 are questions that Chuck and I are always asked z3 down to, the six that George has mentioned this 2a and we just we'd thought go ahead and give you 2a evening, so hopefully we don't rehash some of 25 the answers straight right now. 25 those areas that we've already addressed. Page 38 Page 40 I One, will that boat fit in there? Yes. 1 Who are you going to use as employces on 2 The Army Corps of Engineers has been out t}tere z your ship? Well, we will advertise ]rally and 3 and so has the Department of Environmental 3 have lxal training programs, so we will be a Protection. They've done depth soundings, 4 trying to hire as many people from a ]xal 5 they've done measurements across the 5 market as we can. 6 Intracoastal. Our vessel can go in and out and 6 How much do we chazge to get on? The day 7 turn around in the Intracoastal without a 7 cruise is 514, the night cruise is 518, food and 8 problem. 8 beverages are extra. 9 Two, what about tbe environment? We're not 9 What about crime? We aze operating in a to storing any fuel on the island and we're not 10 deserted island with one way on and one way t I throwing our garbage or sewer over the side of t I off. We will have security on the island and on 12 the boat. The garbage will be taken away by a I2 the boat and plenty of cameras. There are 27 13 company like Waste Management and the sewage can t 3 other boats like ours in Florida that proceed la be pumped off to a terminal like Blount Island 14 offshore for gaming and not one community t5 or to a small tanker truck. The ship does have I5 including Mayport has seen an increase in crime 16 its own sewage treatment plan on board and meets 16 related to a day cruise operation. n all U.S. Coast Guard requirements. 17 Remember, we are gone ]2 hours a day and 18 Again, U.S. Government agencies have I8 the boat is )xked up, shut down when it's not 19 studied the arcs and we aze not a threat to 19 being used. 20 wildlife or salt marshes. We will be watching 20 Again, we plan operations this fall. Chuck 27 for manatees as well as -- as well all of the 21 and I are the owners of the vessel and local 22 boaters do on the Intracoastal. 22 residents and there's no other planned z3 Question Number Three, what about the 23 development to the island like a restaurant or 2a noise? I'd like you to look at that picture at za condos or town homes or anything like that, and 25 the top on that easel and I'm going to tell you i 25 that's it. Diane M. Tropia, P.O. Box 2375, Jacksonville, F132203 Page 37 -Page 40 Proceedings before the City Commission Multi-Page"' City of Atlantic Beach Taken on April 27, 1998 Page 33 Page 35 t of ours. So you won't have all those people I It will be within the top ten of sales tax 2 going to La Cruise, you'll have some of them 2 revenue to Atlantic Beach. 3 going to us in the future. 3 We are proposing a Pazks and Recreation a Okay. 1'd like to -- I'm going to show the 4 grant that, if it's met in total and then 5 (inaudible) of the DoT. This is to address s potentially doubled by the federal government, 6 everybody's fears about an acceleration lane. 6 can be S100,000 a year and we'd like to see the 7 This is the latest agreed-to plans with the ~ money put into parks and recreation projects 8 FDOT. This is as of Friday afternoon, so it's 8 such as Dutton Island, Tresca Pazk, Dancing in 9 very current. We'll hold that up to the 9 the SVcets, a new baseball field and whatever to audience. to the city folks feel like the money needs to be 11 You will see that we have an acceleration t 1 put. We're not going to be the ones to earmark tz lane and a deceleration lane being installed. 12 the money. We want the Commission to get -- be 13 It's costing us over S10Q,000 to do this. ]t t3 able to decide, the city manager to decide how t4 meets public safety and it meets all F•vor to the money can be spent. IS requirements in terms of getting onto the road t5 The community benefits that are not 16 and the speed you need to get up on that road. t5 potentially financial as far as dollazs go is n The trick on this is we're moving back the 17 the large economic impact to the community, 18 entrance on Atlantic Boulevard a little further 18 basically everything I just stated as a sepazate 19 east and we're moving the guard rail on Atlantic 19 line item. We're going to have over 100 local, 20 Boulevazd a little to the north and putting -- 20 well-paying jobs. 21 or tapering off an acceleration lane in there. 2t The island will be -- have a large 22 This has had tUOT's blessing and they liked this 2z beautification package with palm trees -- 23 and they also have suggested when the new bridge 23 several palm trces, 3Q 40, flowers, and it will 2a is installed that they may opt at that paint for 2a be dressed up, cleaned up. 25 a time to signal, which would turn on and off 25 Right now the island looks like a Page 34 Page 36 t for ten minutes in the afternoon and ten minutes t junkyard. We're going to clean up all the trash 2 maybe in the evening and ]ct ten cars at a time 2 that's -- this island is the landmark and the 3 go off, depending on how it's signaled, when 3 entrance into Atlantic Beach and we want it to 4 we're dischazging passengers. 4 be something very, very amactive and very 5 So this is still up for discussion with 5 nice. 6 them because they're still 60 percent into their 6 One nice thing about the project is we're 7 design plan on the bridge. But this is what 7 not displacing any other businesses with this 8 would be installed before we operate unless the 8 project. We're not affecting any other 9 DOT comes up with some other change next week. 9 businesses. We're not affecting any communities to MR. ROTH: Okay. What 1'd like to briefly to that we're aware of Other than potentially t 1 talk about is what we believe to be the benefits 11 traffic and we hope we've identi5ed and found 12 to the community for a project like this and 12 resolutions that arc satisfactory. 13 1've broken down the benefits in two different t3 We're improving the access to the island, 14 ways. I've broken down the benefits -- first of to making it safer and easier, and we're not asking 15 all, the financial benefit to the community and t5 for any additional or don't have a Hoed for any 16 then to a basic welfare benefit to the t6 additional infrastructure from the City of t7 community. And I have five financial benefits t7 Atlantic Beach. We're self-supportive. 18 to the community based on the Florida Day Cruise t8 John is going to talk briefly about some of 19 Association, that's in south Florida, they've t9 the questions that are typically asked of us to 20 done studies throughout the entire state. 20 try to eliminate any potential questions that 2t n project like this will have an estimated 21 people from the community or the council may 22 840 million annual impact on a local community. 22 have. Thank you. 23 The annual payroll of this project is 53.6 23 MR. wnnntnn: Onc thing that I just skipped 2a million. The -- this project will be the fourth 24 around with speaking, government agencies have 25 largest employer in the City of Atlantic Beach. 25 reviewed our project. Chuck and I have been Diane M. Tropic, P-O. Box 2375, Jacksonville, FI 32203 Page 33 -Page 36 Proceedings before the City Commission Multi-Pages' City of Atlantic Beach Taken on Apri127, 1998 Page 29 Page 31 I going to follow with you this evening to make I We plan on removing all of the junk and garbage 2 things simple for everyone. 2 on the island and renovate the existing 3 What are we proposing to do? I'm going to 3 buildings for use as ticket sales and an a give you a brief description of the boat, the a office. We will be installing a lot of palm 5 island and our timetable. The second -- I'm 5 Vces and flowers and we're not paving the 6 going to talk to you about traffic and 6 island. We are going to install five mooring 7 everything we've learned from our studies and 7 dolphins and a floating barge to use as our dock a from the Florida Department of Transportation. B and ramp. 9 We're going to summarize all the agencies that 9 We have a renewable 15-yeaz lease on the to have been involved in our project, community and 10 island. Our timetable, when we're going to 11 economic benefits and the top ten questions I1 begin operations, has slipped from September to 12 we're always asked on the street about this 12 October now because of delays in getting 13 business. 13 permitting and other things we've been going la Dinner boat description: We will be la through. 15 docking a U.S. built, U.S. flag, and U.S. cruise I5 In terms of traffic, again, I wanted to 16 ship that holds 600 passengers and 50 crew and 16 emphasize that we've purposely scheduled t7 service personnel. The vessel's 250 feet -- 17 departure and arrival times to stay out of peak IB 255-feet long and 51-fcet wide. Our boat is 18 rush-hour traffic. We'll leave at 9:30 in the 19 approximately the same size as La Cruise at 19 morning not at 7 or 8 o'clock in the morning 2l1 Mayport. 20 and we're leaving at 7:30 at night not at 5 or 21 The ship will sit on -- in the channel on 21 6 o'clock in the evening. 22 the east side of the island and not the zz Also I think when people hear that our ship 23 Intrawastal water where a lot of people thought 23 has a maximum capacity of 600 people, they 24 it would be sitting. The vessel will sail two za automatically assume that that means 600 cars. 25 times a day and we will have no overnight 25 And, obviously, people do come together with Page 30 Page 32 1 cruises. The vessel can accommodate corporate I friends, like restaurants or theatres. 1'he best 2 functions, parties, meetings, what have you. 2 measure to find out what kind of traffic you can 3 The vessel has two large independent diesel 3 expect to see there is what other ships do in 4 engines and retractable bow thruster that a our azea, so we've had consultants and Florida 5 enables us to spin around in place. And the 5 txn review what La Cmise casino has weekday, 6 ship's engines and generators are deep inside 6 wcek night, weekends, weekdays and the Emerald 7 our hull and not outside. 7 Princess in Brunswick. And you can find out 8 The vessel has an ice-strengthened steel s that the average -- or the average trip count 9 hull, a double bottom with local water type 9 for La Cruise ship at Mayport for the day cruise to bulkheads. There will be a large sun deck, to is about 117 cars and their evening worst-case 1 I sports bar, food court, movies, dancing and I I basis had 159. This is an average. So we're 12 music and gaming when we're throe miles off 12 not talking 600 cars, we're not talking 500 13 shore. I3 cars, we're talking 117 average for the day and 14 The island that we're sailing from is 14 evening 159 average. I5 located underneath the Atlantic Boulevard 15 Also 1 want to mention that we may not run 16 bridge. The property was recently annexed by 16 all the days that we're proposing to. We may 17 Atlantic Beach from the City of Jacksonville. 17 cut back on Tuesday morning, Wednesday morning I8 The previous zoning was industrial waterfront 18 if we find out there's not much of a demand. 19 district and we believe that the City of 19 And something also has to be said, that if 20 Atlantic Beach will zone the property for 20 another vessel comes into town, you don't double 21 commercial use such as ours, which is the next 21 the amount of passengers that are going to be 22 zoning classification under Atlantic Beach 2z able to go out that evening. Obviously, the 23 zoning province. 23 amount of people available will be pooled or 2a There used to be a Runuunncrs restaurant on 2a shared. We'll probably share some of the 25 the facility and the marina on the west side. 25 La Cruise's passengers just as they share some Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 29 -Page 32 Proceedings before the City Commission Multi-Page'' Taken on Apri127, 1998 City of Atlantic Beach Page 25 Page 27 1 put an acceleration lane. 1 the police department, the fae department, 2 The Regional Planning Council left it to z public works department and building department 3 FDOT to determine the type of geometry to put in 3 indicating their specific interest in the issue. 4 the access location. We felt like the a MR. IENSEN: What other documents are 5 acceleration lane was the best, safest for the s attached to it? 6 residents and for the use of the -- the island. t; MR. wow.EY: The other document is a copy 7 Issue Number 6 from the Regional Planning 7 of the specific -- excuse me, the general 8 Council regards the Wonderwood Expressway. I 8 conditions and speoific conditions as 9 think Ute applicants can provide information on 9 recommended by the Regional Planning Council. to their vessel regarding its height. There are to MR. JENSEN: Okay. Are that -- are those t 1 some height limitations which they must meet to I I all the attachments? Iz pass under the proposed new Wondenvood bridge. Iz MR. WoRLEY: 'Chat's correct. 13 Obviously, if they cannot pass under that 13 MR. JENSEN: And you wish to submit that la bridge, they must cease operation. That one's la into evidence? IS almost a -- an automatic. IS MR. WORLEY: Yes, I do. I6 The last issue is hurricane evacuation. In 16 MR. JENSEN: Okay. 17 very general terms, the Regional Planning 17 7HE MAYOR: All right. (Inaudible) to the l8 Council recommended that we require the 18 city clerk and submitted. 19 applicants to suspend operation during a 19 At this time would Ute applicant or 20 hurricane watch and plans for relocating the 20 representative wish to cross examine any -- zl ship to a safe and secure location. Local staff 21 Mr. Worley or any of the other witnesses 2z recommendation adopted virtually the same thing. 22 involved? 23 THE MAYOR: I couldn't hear what you said. 23 MR. BOTH: (Shakes head.) 24 MR. WORLEY: I'm Sorry. 24 MR. WADMAN: (Shakes head.) 25 THE MAYOR: You said they recommended with 25 THE MAYOR: All right. The answer t0 that Page 26 Page 28 I the advent of a hurricane watch. 1 was no. The applicants shook their heads. 2 MR. WORLEY: That's correct. 2 May I have your names, please? 3 THE MAYOR: And then it trailed off. 3 MR. WADMAN: John Wadman. 4 MP.. WORLEY: I'm sorry. They also 4 THE MAYOR: John Wadman. 5 recommended that the plans for the relocation of 5 MR. RoTH: Chuck Roth. 6 the ship to a safe location during a hurricane 6 7HE MAYOR: And Chuck Roth. That's for the 7 watch be submitted to the city for approval. 7 record, who said -- who was offered the 8 THE MAYOR: Okay. 8 opportunity and said no. 9 MR. WORLEY: That's a synopsis of the 9 All right. Okay. We completed C. to information that's provided in this staff to D, applicant presentation of its case. 11 report, which has been submitted to the 11 Would you please come fonvazd and present Iz Commission and which 1 asked to be put into the 12 your case as applicants, Mr. Wadman, Mr. Roth? 13 record as the staff's position on -- on this 13 MR. ROTH: (Complies.) 14 issue. 14 MR. WADMAN: (Complies.) 15 THE MAYOR: Thank you. IS THE MAYOR: Thank you. 16 Mr. Jensen would like to make a point of 16 MR. wADMAN: My name is John Wadman and I 17 clarification. 17 am the Chief Financial OfScer and half partner IB MR. JENSEN: For purposes of the record, I8 in this venture. Chuck Roth, cEO, and my other 19 the document you're referring to, could you 19 half partner. We're going to make this 20 identify that? 20 presentation together. I'm going to speak on 21 MR. WORLEY: This is titled "Staff Report, zl some issues and then Chuck is going to speak. z2 Agenda Item, Development of Regional Impact," 22 And we do have some cards over there we'd like 23 and it is dated April 23rd, 1998, submitted by z3 to put on that easel, if I could. 24 George Worley, Community Development Director. 24 THE MAYOR: Certainly. Of course. 25 It contains attached to it memorandums from 25 MR. WADMAN: We have a little outline we're Diane M. Tropia, P.C. Box 2375, la:,l-aanvillq F132203 Page 25 -Page 28 Proceedings before the City Commission Multi-Page"' City of Atlantic Beach Taken on Apri127, 1998 Page 21 Page 23 1 THE MAYOR: Okay. 1 to fill their water tanks from the artesian well 2 MR. WoRLEY: -- or upon notice by the 2 on the island but to use that water only for 3 public safety director that hazardous conditions 3 land-based facilities. Those recommendations 4 exist and that they must cease operations and a include the recommendation to terminate, cap any 5 we -- S wells that are not to be used and that they must 6 THE MAYOR: That's discretionary? 6 not use water from the artesian wells to refill 7 MR. WORLEY: Yes, unless it's a watch. The 7 the tanks on the ship; it must be refilled at 8 watch would Vigger it. Other conditions would 8 some other locatioif or by tanker truck. 9 be at the discretion of the public safety 9 Regazding wetland issues, the Regional 10 director or the city manager. There may be 10 Planning Council recommended that prior to the 11 storm conditions, which do not constitute a 11 fourth month of operation the applicants submit 12 hurricane watch, which require the vessels to 1z a monitoring report to the St. Johns Water 13 cease operation. t3 Management District -- St. Johns River Water la THE MAYOR: I understand. Okay. Thank la Management District, to the City of Atlantic 15 you. Please continue. 15 Beach as well. 16 MR. wolu.EY: The -- attached to that, we 16 That report must reflect soil conditions 17 have provided a copy of the recommendations from 17 and water quality in the waters adjacent to the 18 the Regional Planning Council. I will touch on I8 island. Specifically in regard to the fact that 19 those just briefly to get it into the record on 19 they do not propose hard-based parking, there is 20 tape. That is available in writing. You have 20 a potential for damage to be done to the 21 that as evidence from staff regarding this 21 surface, which would change the water flow from z2 issue. zz the island into the Intracoastal possibly 23 The Regional Planning Council recommended 23 causing contamination of that area by pollutanU 24 approval of the DRI subject to these 2a or simply turbidity. 25 conditions -- zs They have also recommended that prior to Page 22 Page 24 1 THE MAYOR: Can I interrupt? 1 commencement the applicant develop a best 2 MR. WORLEY: I'm sorry. 2 management practices plan based on St. Johns 3 THE MAYOR: Just a moment. Will SOmCOrIC 3 Water Management District requirements, that It 4 please close those back doors? The interference 4 be submitted to the District for review to 5 from the crickets is becoming -- 5 provide minimum impacts to water quality. 6 MR. WORLEY: Sorry, 1 can't speak over the 6 Their last recommendation is regarding the 7 crickets. 7 type of fertilizer to be used on grass parking. 8 THE MAYOR: Thank you. 8 We concur with having the least granular fertil- 9 It is our desire that you be heard. 9 -- excuse me, fertilizers, and -- that's their l0 MR. WORLEY: Thank you. 10 recommendation, excuse tne. I1 THE MAYOR: Thank you. Would you please 11 Issue Number 4, VanSpOrtatiOn, this i5 ]z continue? 12 regarding the number of vehicle trips. This is 13 MR. wORLEY: Okay. From the Regional 13 the section of the Regional Planning Council's 14 Planning Council -- Issue Number 1 from the Ia recommendation wherein they suggested the hours 15 Regional Planning Council was regards to 15 of operation, which the City of Atlantic Beach t 6 operation within a wetlands, federal and state 16 staff has adopted as well. Weekday hours will 17 endangered manatce habitat area. They have t7 be off-peak to minimize the amount of Vaffic 18 suggested that the applicant be required to 18 damage on Atlantic Boulevard. 19 comply with district Corps of Engineer permit 19 Issue Number 5 is access to and from the 20 requirements, that they provide manatce lookouts 20 sift. The Regional Planning Council recommended 21 during docking and undocking and that they post zt that the applicant be responsible for 22 educational signs ai the site. 22 construction of all site-related improvements as 23 The second issue is regarding water 23 dcemed necessary by FDOT. This recommendation za supply. They have made recommendations based on za is a precursor or a general version of our local 25 the applicant's expressed intent not to -- not 25 staff rewmmendation that tftey be required to Diane M. Tropic, P.O. Box 2375, Jacksonville, Fl 32203 P~bc 2: - Psge 24 Proceedings before the City Commission Multi-Page"" Taken on Apri127, 1998 City of Atlantic Beach Page 17 Page 19 I acceleration and deceleration lane after the new I against access until such future date as it -- 2 bridge is constructed or in conjunction with the 2 it can be repaired and operated. 3 construction of the new bridge to provide 3 THE MAYOR: Please repeat that. 4 comparable, safe access to and from the island. 4 MR. WORLEY: I•m sorry. The structure that 5 We've reviewed issues of fire protection on 5 used to be a restaurant is located on pilings on 6 the island. There are two small wells on the 6 the west side of the island is a rchabilitatible 7 island. Our fire department does not believe 7 structure. That structure is not intended for 8 those wells will provide capacity to fight a 8 initial use according to the applicants. The 9 fue on a ship of the size that's proposed. The 9 city recommends that they be required to secure 10 fire department has requested that the to the structure to prevent unauthorized access to 11 applicants be required as a condition of their I I the structure be it by fencing or boarding it up 12 DRI to construct a dry hydrant system, which 12 or some fashion of security to prevent 13 will allow the fire department to pump directly 13 unauthorized access or vandalism or damage prior 14 from the Intracoastal Waterway to fight the la to the operation of the ship. It needs to be 15 fire. 15 taken out of service, basically. I6 They've also asked that in it a primary 16 The other issue is regarding several 17 system with a fixed pump be provided to provide 17 underground fuel storage tanks that we are aware I8 the initial fire fighting capability. That I8 of. Those underground fuel storage tanks are I9 would obviate the necessity of our fire trucks 19 required by federal law to be removed unless z0 from pumping salt water through the pumps in the 20 they're constructed of a certain material. We zl truck initially. If that system backfired or zl do not believe that these are constructed of 22 failed in some manner, we would have an 22 that material. It is the recommendation of our 23 alternative system through the dry hydrant z3 public works department and our fire department 24 system. 24 to remove those structures prior to the 25 The applicants have expressed an interest 25 operation of the crnisc ship. Page 18 Page 20 1 in being able to fuel the vessel at the island. I In addition to those issues, our police 2 If fueling occurs, the City of Atlantic Beach z department and -- excuse me, and our fire 3 Fire Department strongly recommends that they be 3 dcpariment have requested a fire fighting plan, a required to use a -- an approved containment 4 a security plan for the island and the vessel 5 boom system and that no fueling occur unless 5 and deck plans to allow them to see what the 6 they have notified the City of Atlantic Beach 6 vessel will look like prior to operation of the 7 Fire Department in advance that they aze 7 vessel to give them an opportunity to have input 8 fueling. That will put us on alert, so to 8 into whatever security measures or security 9 speak. 9 programs are in place as well as the fire to THE MAYOR: And that is to protect against to fighting efforts that would be put in place. l l a fuel -- fuel spill? I I The applicants will be required by state, 12 MR. WoItLEY: Fuel spill, that's correct. Iz local and federal laws to comply with all 13 The fifth issue is regarding structures on 13 permitting requirements that various agencies la the island. Our building official has reviewed 14 have; however, staff recommends that that be IS those structures. A number of them can be IS stated in the DRI for clarification purposes 16 rehabilitated or renovated to make them usable 16 that they must comply with all required 17 structures. Those structures which are 17 permitting. 18 rchabilitatible [sic] should be completely I8 As a part of that requirement they must 19 reconstructed, rehabilitated or rcpaircd prior 19 provide to us a hurricane evacuation plan that zo to operation of the cruise ship operation. 20 will state the location that they intend to 21 Those that cannot be rcpaircd should be removed zl remove the vessel, that they agrce to cease zz prior to the operation. 22 operations upon notice of a hurricane warning or 23 And the structure that was originally a 27 a hurricane watch -- 24 restaurant is an elevated structure and pilings 2a TtiE MAYOR: Which is it, warning or watch? 25 on the west side of the island must be secured z5 MR. woRLEY: We've recommended watch -- Diane M. Tropia, P.O. Box 2375, Jacksonville, F132203 Page 17 -Page 20 Proceedings before the City Commission Multi-Page'" Taken on April 27, 1998 City of Atlantic Beach Page 13 Page 15 1 and the applicant's side. I Florida Regional Planning Council as well as 2 All right. We will ask you for that after 2 recommendations from our police department, fire 3 the applicant has a chance to -- well, actually, 3 department, public works department and the a that's Item B. a building official regarding the structures on 5 Go ahead and identify the witnesses. 5 the island. 6 MR. WORLEY: On behalf of the city, it 6 In that staff recommendation, we have 7 would be myself, possibly the police chief, 7 addressed a number of issues, which we felt were 8 possibly the public works director, possibly the 8 local issues as opposed to tlwse issues provided 9 fire department and possibly the building 9 for -- by the Regional Planning Council, which l0 official. That would depend upon questions that 10 were more generally regionwide issues. l l come up during the discussion, but I would like 11 The issues which we addressed in our 12 to have those members sworn. 12 recommendation are -- Vaffic impacting on 13 THE MAYOR: All right. Thank you. 13 Atlantic Boulevard. We have provided some Ia Do you have people whom you would like to la information in the staff report as to the number t5 have sworn as witnesses, the applicant -- as the IS of vehicle trips expected to be generated by the 16 applicant? 16 operation, which is estimated by FOOT and the 17 MR. BOTH: No. No, just ourselves. 17 MPO --excuse me, the McVOpolitan Planning 18 THE MAYOR: Thank yOLL. 18 Organization, as 790 vehicle Vips per day. 19 Would you issue the oath, please? t9 Given that number of vehicle trips over a z0 MR. BOTH: (Inaudible.) 20 span of two operating times, staff has 21 THE MAYOR: The two of you? 21 recommended that a condition be placed on the 22 MR. BOTH: Yes. 22 development order that comes out of this meeting z3 THE MAYOR: Maureen, I'm so sorry. It is 23 at the next mceting that the applicants be 2a part of the regulaz duties. 2a limited to the operation of their vessel during 25 Would you all rise, please, and come 25 the hours of -- shall not operate prior to Page 14 Page 16 1 forward? 1 9:30 a.m., prior to -- excuse me, I'm reading it 2 AUDIENCE MEMBERS: (Rise.) 2 backwards -- prior to 9:30 a.m., prior to 3 THE MAYOR: The City Clerk will issue the 3 7 p.m., and shall not arrive later than 3 p.m., 4 oath. a arriving back at the island. That's to avoid 5 MS. KING: Would you all please just raise 5 the peak times on Atlantic Boulevard as 6 your right hands and respond? 6 determined by the MPO, F-DOT and Jacksonville 7 AUDIENCE MEMBERS: (Comply.) 7 Transportation Authority. 8 MS. KING: Do you solemnly sweaz that the 8 The second issue we discussed was the issue 9 testimony you are about to give in these 9 of ingress and egress from the island. The IO proceedings will be the truth and nothing but l0 Regional Planning Council in one of they I I the truth? t I recommendations suggested that FOOT standazds be 12 AUDIENCE MEMBERS: t do. 12 used for access to and from the island. We 13 MS. KING: You're sworn. 13 agrce with that, but we want to take a Step ]4 THE MAYOR: Okay. All of you aze Subject 14 further. 15 to cross examination. I5 Staff recommends that the applicants be 16 All right. Mr. Worley, I'm going to ask 16 required to construct a deceleration lane and 17 you to proceed with Item C, staff presentation n acceleration lane to provide safe access into IB of its case including the nature of the I8 and out of the island onto Atlantic Boulevard to 19 application or appeal, which I think you've 19 allow Vaffic to merge into the existing Vaffic 20 already covered. zo flow prior to the operation -- prior to the 21 Introduction of exhibits and witnesses and 21 initial operation of the cruise ship. 22 summary of issues and recommendations. 22 And following the expansion of the bridge 23 MR. WORLEY: Thank you. Staff has 23 COrIStiLLCtlOn OVCf the -- the ]ntracoa$ta] 2a submitted to you as evidence a staff report that 2a Waterway, which is scheduled in the next few 25 includes recommendations from the Northeast 25 years, that they reconstruct an equivalent Diane M. Tropia, P.O. Box 2375, Jacksonvillr,, Fl 32203 Page ]3 -Page 16 Proceedings before the City Commission Multi-Page"` Taken on April 27, 1998 City of Atlantic Beach Page 9 Page 11 t their request to speak to the issue either in t project, as he normally would in many of these 2 support of, opposition to or just to ask 2 kind of zoning matters. 3 questions and place them under oath. These 3 Mr. Worley. 4 persons are not subject to CrOSS examination. 4 MR. WORLEY: Thank you. You have before 5 Staff and then applicant should have an 5 you tonight an application for development of 6 opportunity to present rebuttal evidence. 6 regional -- excuse me, an application for a 7 G, final azgument by applicant. 7 development of regional impact. My voice is 8 H, final argument by staff. 8 going. ' 9 I, Commission may request applicant to 9 This is a request by C.B. Universal, to respond to final staff recommendation. to Incorporated, to operate aday/dinner cruise 11 J is the pazt that we will not be doing 11 from Johnston Island. The ship will be moored 12 tonight and that is the Commission acting 12 on the eastern side of the island. It will have 13 because we do not have as part of our 13 on-shore facilities in the form of offices, la presentation the zoning in place, again, because la buildings that arc existing structures, that are IS of the Community Development Boazd's inability t5 proposed to be rehabed. ]ti to come to a decision because of lack of 16 The ship is proposed to operate up the 17 information. 17 Inttacoastal Waterway to the St. Johns River and 18 We would love to be deciding this tonight I8 then out into the Atlantic Ocean. It is 19 and get this off the table, but it is not 19 proposed to be a 255-foot-long vessel and it is 20 judicious to decide without the proper 20 proposed to operate twice per day. The 21 information and we will not do that. 21 passenger capacity is 600, plus or minus, z2 All right. We now have the first part of zz passengers. z3 the hearing, staff presentation on the subject 23 This issue has gone before the Northeast 2a matter of the issue including rights and 24 Florida Regional Planning Council for review and 25 responsibilities of all interested persons as z5 a recommendation has bcen provided to the city. Page ] 0 Page 12 1 well as future proceedings that may be necessary 1 Their recommendation along with the staff 2 or required. 2 recommendation will be submitted to you -- has 3 Mr. Jarboe. 3 been submitted to you, but will be placed in 4 (Inaudible discussion.) a evidence at this meeting tonight. 5 MR. MESERVE: Mayor, could I ask a question 5 As just a general overview, I think that's 6 before they start or -- 6 sufficient for what the proposal is. 1 do have 7 Tt1E MAYOR: Of course. i information regarding specific recommendations, 8 MR. MESERVE: When arc we required to put 8 which will come after presentation by the 9 out the information we have on ex-pane 9 applicant. 10 communications, is that before we vote or -- t0 TEiE MAYOR: All right. That concludes your 11 THE MAYOR: Yes. It would be prior t0 the 11 presentation? 12 time we vote and so that would be the next 12 MR. WORLEY: Yes. 13 meeting. 13 THE MAYOR: Do you have witT1e55e5 t0 be 14 MR. MESERVE: Okay. 14 Sworn? 15 THE MAYOR: There was some wnfusion. 15 MR. WORLEY: Yes, we do. 16 Initially we were told that we had to do !6 THE MAYOR: All right. As part of the 17 everything tonight, hear the presentations, 17 presentation? 18 debate and deliberation, but in Mr. Jensen's 18 MR. WORLEY: I'm going to defer to 19 examination of the statute it has become clear 19 Mr. Jensen as to the appropriateness of swearing zo that we have 30 days to render a decision from 20 in now or everyone at once. 21 the night of the public hearing. That's a zl (Inaudible discussion.) zz change from what we did previously. 22 THE !MAYOR: All right. We identify all z3 Mr. Jarboe, I turn it over to you. z3 potential witnesses who are to provide factual 2a MR. IARBOE: Mr. Worley, our Community za testimony and place all of them under oath at z5 Development Director, has headed up this 25 one time, that means from both the presenter's Diane M. Tropia, P.O. Boz 2375, ]acksonville, F7 32203 Page 9 -Page 12 Proceedings before the City Commission Multi-Page"' Taken nn Anril 29. 199R City of Atlantic Beach page 5 Page 7 t determination. The evidence they are to t genuinely concerned about issues that were 2 consider is legal evidence and not moral or z essentially those of morality. The law does not 3 emotional evidence. They have to identify 3 give us a vehicle to decide this issue on that a what's competent, substantial evidence and make 4 basis, so would you please, in preparing your 5 their decision based on that. 5 remarks, if you have a long list of morality 5 There may well be moral objections to this 6 issues, it will not be convincing and it will 7 type of operation; however, I must point out 7 not be something that we can use because our 8 that there is nothing illegal about what's 8 standazd of judgment prohibits us from doing 9 proposed on the island under this use. And by 9 that. If you would please leave those remarks 10 way of example, there aze certainly judges to out of your remazks, then maybe we can all go t 1 sitting who don't believe in divorce, but if I I1 home before tomorrow; however, we are very 12 take a divorce case in front of that judge and ] tz interested to hear what people have to say. t3 have the appropriate legal evidence, he has no 17 This is about the development of regional 14 choice but to grant the relief I'm seeking. 14 impact for the proposed use of a cruise boat to 15 So this board has to make its decision t5 be moored at the property known as Johnston t5 based on competent evidence not questions of t6 Island. t7 morality and it's difficult because they're not t7 I open the public hearing now. t8 all trained as judges, but I know they're going t8 I am not going to take these in t5 to do the best they can. t9 alphabetical order, I hope nobody objects. 20 THE trtAYOR: Okay. The procedure to which 20 John Weldon, 1 have yours on top. Would 21 Mr. Jensen just referred is a quasi judicial 21 you come forward, please? State your name and 22 procceding. Land use and caning matters used to zz full address for the record. z3 come under an administrative procceding. I'm 23 (Inaudible discussion.) 2a not going to bore you with this, but you nced to 2a THE MAYOR: Okay. This is my first one of z5 know this. 25 these; I hope it's the last. I am a little bit Page 6 Page 8 t It used to come under the administrative i ahead of myself. z proceeding and that was held to a different z Mr. Weldon, if you will allow me to 3 standard. That was held to the standard of 3 retract. You will still be the first to speak. a fairly -- and I quote, "fairly debatable." Now 4 We would like to have staff make a 5 the standard -- now the procedure has been 5 presentation so that everyone understands what 6 elevated to quasi-judicial, which means 6 is involved with this. This is a recommended 7 something on the order of "like a judge," and we 7 procedure for quasi-judicial hearings. 8 are held to a different standard. The standazd 8 This shall be the order of the proceeding: 9 is for competent, substantial evidence. 9 Staff presentation on the subject matter of the 10 I will invite everyone in this room to to issue including rights and responsibilities of t t speak on this matter. 1 have ] 9 blue slips. t t all interested persons as well as future 12 That does not mean ] 9 people may speak; I will 12 proccedings that might be necessary or t3 hear everyone who has public comment about this 13 required. to issue. to Identify all potential witnesses who are by tS I will allow three minutes per person is factual testimony and place them under oath. t6 because my egg timer is three minutes. I also t6 These witnesses are subject to cross 17 have the jurisdiction to make the rules. I will t7 examination. t8 give a second bite at the apple, so you've t8 Item C, staff presentation of its case 19 really got six minutes. 19 including nature of the application or appeal, 20 I want you please to remember that we arc zo introduMion of exhibits and witnesses and 21 sitting here trying to make the best decision 2t summary of issues and recommendations. 22 that we can, that I expect respect and decorum 22 4, applicant presentation of its case. z3 at all times and, again, that as much as you may 23 5, identify any other persons who have not z4 fcel very, very strongly -- and I know I've have 24 been called by staff or applicant as witnesses zs had a number of phone calls from people z5 but who have submitted notices in advance of Diane M. Tropic, P.O. Box 2375, Jacksonville, Fl 32203 Page 5 -Page 8 Procoedings before the City Commission Multi-Page"'' Taken on ADri127, 1998 City of Atlantic Beach Page 3 ' ""`°' t PROCEEDINGS ' "~~` °°'~ 2 April 27, 1998 8:45 p.m. 3 fai°S•!a IQTI•° 3 t i t i i ' a TtJE MAYOR: All rise. The meeting of the ' S Atlantic Beach City Commission for April 27th, t; 1998 will come to order. l 6nw.pe of pcec„61y, Bela e, Mee°•1~ 7 i i f i i • prll 2~, I•••, ~+~--~^^ ,c •a p.a, dc, 8,11, 8 THE MAYOR: Tlie cext ltern on the agenda, 9 L (aawCer,, AU,Gete •„m, Recl••, Be[e[e °la,e x. 9 new business, public hearing and related action to r,opl., , .•[._, Mlle 1, m [e[ ~. •~~ °[ 10 on an application filed by C.B. Universal, Inc., n Ile,1C, .c L[,e. 11 to operate a anise ship on Johnston Island, is tz which proposed development is undergoing a 13 ~: t 3 development of regional impact review, and this ,~ >o:a~ _, w.~=. .,m •~^• ~••1e• ~•_~ to is from -- this is put on by the City Commission 15 SQO [. wlltat'J°8. f01..1m xsee[. wla eano, cal„le. wsee=• 15 -- actually, it's put on by the state who t6 mandates that we wnduct this and hold it. I do „ i7 not think that the City Commission put it on. ,• ,,,~ ~: i8 All right. There are several things t0 „ Z• ,,°, ,,,,,~, clc, ,,,,,~,, .[,,. c, a®, dc= ~cmrn,r~ t ~ 1 ° Dl 19 updau you about. We have advertised for a [ec nr. . [[ ,,. muua rofuas, '°'°'®'°"• C1`r `1et~ zo public hearing and that will be held tonight, „ - - - zt but I hope that people are going to understand „ zz when I tell you that if we dent have the zoning „ z3 in place we cannot do the deliberation of the „ za DRI tonight. The public hearing will be held, zs it will be opened and closed, and I will let -- p,•, , Page 4 1 I • ° "` 1 I will ask, please, for the city attorney to ' 2 explain the ins and outs of that. We spent a 3 MIavC, b. 3 lot of time this week on these issues. ' a One of the things we did was send a letter s ,w wDlle Be,ei,• .,a rol.taG .eue. a ,. •ppur+cle. [flea q ~-•- °,l.e[„1, 5 t0 tfle state saying that we really did not think f tvm[Pe[,W to epe[,G . e[vl,e ,Np [~ aae..ce. [,I..a, „•lm v=ew••a 6 that this was a Dltl. We were -- We received -- 1 ae,elepaeac L °tleigoLq , d,elo{s,c e[ •,ploal l.p.ee ce.le.,. !u=r 3 well, I'm going to let Alan go ahead and tell • Cal„le>I 8 you. I've talked enough tonight. s 9 Mr. Jensen, our city attorney, will explain l0 p.,e ~~ to the ins and outs. ~i 1 i MR. JENSEN: Okay. First of all, as far as - - - tz the request to the Department of Community ~~ t3 Affairs that they not consider this as a DRI, t ,~ to got a response back verbal. I've asked for a u is write.-n response or confirmation. They said it ,• t6 is, that they've always traditionally treated it „ 17 as such. The statutes don't seem to apply and ,• t8 don't specifically list this as a category, but t9 they have said it's a DRI and that the zo Commission must go ahead and conduct this public „ a 21 hearing. „ zz Mainly for the commissioners and for the 23 benefit of the audience, the Commission is :, za sitting in a quasi judicial capacity. They are z5 to hear evidence up here to make their Diane M. Tropic, P.O. Boa 2375, Jacksonville, Fl 32203 Page 1 -Page 4 Apri127, 1998 Adjournment There being no further comments or business to come before the Commission, the meeting adjourned at 12:40 p.m. Suzanne Shaughnessy Mayor/Presiding Officer ATTEST: Maureen King, CMC City Clerk OMMLSSIONERS M O T 1 O N S E C O N D Y E S N O n4inetes-I?'aso ; April 27, 1998 school would be held on Sunday, May 3, 1998 from 2:00 - 4:00 PM. Reported a 99% collection rate for recycling. Stated Commissioner Bono's statements were timely and reported the wage statistics of the Fire Department as being the lowest in nine cities came from the 1996 Florida League of Cities Wage and Salary Survey. Some discussion ensued conceming the City of Atlantic Beach's participation in the survey. Directed Commissioner Mitchelson to make a recommendation conceming the appointment of anon-Commission, non-Staff Fire Department Equipment Committee with the appropriate expertise to conduct an evaluation of the equipment needs of the Fire Department. Requested a report on a recent practice fire incident. Reported the Shade Meeting for Collective Bargaining would be held Tuesday, April 28, 1998 at 7:15 PM and inquired who could attend the meeting. Some discussion ensued conceming who could attend the Shade Meeting, and City Manager Jarboe stated that in the past the City had received erroneous information from it's labor attorney conceming who could be present at the meetings. City Manager Jazboe further stated he wished to conduct the meetings correctly and the problem stemmed from the wording in the Florida Statutes which states ..."Chief Administrative Officer ~ his representative"... Mayor Shaughnessy requested documentation on who would attend the Shade Meeting by noon the following day. Requested information conceming a proposal from a neighboring city to take over operation of the Fire Department. Requested that the City Attorney research whether past meeting(s) to discuss privatization of solid waste pickup were conducted in the shade. Inquired as to scheduling the final Goal Setting Session and was informed it would be scheduled when a commitment from Hugh Greene (facilitator for the first session) was received. OMI~9SSIONERS nt O T I O N s E C O N D Y E S N O April 27, 1998 appointment to fill the unexpired term of Susan Bullock at the May 11, 1998 Commission Meeting. 8. City Manager Reports and/or Correspondence: City Manager Jarboe Stated as a point of clarification of some recent media articles, he did not cancel Dancing in the Street. He explained some of the problems encountered during last year's event. He further stated the event had lost some of its family charm and had gotten too big, too quickly. This year's break would give everyone time to rethink how to conduct the event. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Commissioner Bomo Stated he had received several complaints last year conceming Dancing in the Street, one being that extra restrooms were needed because the Town Center Merchants could not be expected to provide restroom facilities for the hundreds of people taking part in the event. Commented that he would like to receive some accurate statistics/infolmation conceming the Fire Department. He further stated he hears complaints but does not see the facts to substantiate the complaints. Commissioner Mitchelsoa Requested that the City Attomey request an opinion from Attorney General Butterworth regazding slot machines. City Attomey Jensen stated he could request it, but doubted it would be received by May 11, 1998. Mayor Shaughnessy Stated the Open House for the new Media Center at the elementary OhfAIISSIONERS tvt o T I O N s E C O N D Y E S N O April 27, 1998 Discussion ensued conceming the need for afull-time multi-purpose person (Community Service Officer) or an Animal Control Officer, duties to be performed, rate of pay, benefits, the vehicle the person would use, etc. After some further discussion, it was determined that the position of Animal Control Officer was most needed for the summer months. Mayor Shaughnessy stated she could see the need for additional animal control but could not justify a Community Service Officer half way through the budget year. The motion and second were withdrawn by Commissioners Bomo and Meserve respectively. Motion: Hire an Animal Control Officer to work for four summer months at a salary of $7.50 per hour to work different hours than the current Animal Control Officer. There was no further discussion and the motion tamed unanimously. C. Authorize the City Clerk to hire aFull-time Secretary/Records Mauagemeut Clerk (City Clerk) Motion: Authorize the City Clerk to Eire afull-time Secretary/Records Management Clerk. Mayor Shaughnessy briefly explained the request. There was no discussion and the motion carried unanimously. D. Appointments to the Cultural Arts Board (3) (Mayor) Mayor Shaughnessy appointed Nancy Bodge, and reappointed Rosemary Fletcher and Woody Winfree to the Cultural Arts Boazd. The appointment and reappointments were unanimously approved by the Commission. E. Appointment to the Tree Board (1) (Mayor) Mayor Shaughnessy stated she had been unable to speak with the Chairperson of the Tree Board concerning the appointment and would make the OMMLSSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MESERVE X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X X MESERVE X MITCHELSON X X SHAUGHNESSY X ~m@tlrS~Q,go n April 27, 1998 Mayor Shaughnessy explained that the property had been annexed into the City of Atlantic Beach and the City needed to establish a zoning classification for the property and include it in the Comprehensive Plan. Mr. Anderson questioned the proposed commercial zoning classification, stating that at the time of the annexation, the property was reported by the news media that the annexation would add pazk land, boat access and open spaces and give the citizens a wide open access to the Intracoastal waterway. Mayor Shaughnessy stated the land was zoned Light Industrial by Jacksonville. Mayor Shaughnessy then closed the Public Hearing and stated it would be continued to the May 11, 1998 Commission Meeting. 7. New Business: A. Public Hearing and Related Action on an Application filed by C.B. Universal, Inc. to Operate a Cruise Ship from Johnston Island, which Proposed Development is Undergoing a Development of Regional Impact Review (City Commission) A Court Reporter was present for these proceedings and a copy of the transcription is attached hereto and made a part of this official record. Documents submitted during these proceedings are on file in the office of the City Clerk. B. Authorize the Public Safety Department to hire aFull-time Community Service Officer (City Manager) Motion: Authorize the Public Safety Department to hire afull-time Community Service Officer for the remaining si: months of the fiscal year as recommended by Statf. Mayor Shaughnessy asked for clarification of the positions requested. City Manager Jarboe stated the position would be to hire an Animal Control Officer for the remaining six months of the year and consideration would be given to hiring a Community Service Officer during the budget process. Public Safety Director Thompson explained that it was his intent to hire one person, a Community Service Officer to handle animal control and parking as stated in the memo dated April 17, 1998 from Chief Campbell. OMtvIISSIONERS M O T I O N s E C O N D Y E S N O BEAVER BORNO MESERVE MITCHELSON SHA[IGHNESSY April 27, 1998 recommendation to the Commission as required by Chapter 24-62 of the Code of Ordinances of the City of Atlantic Beach. It was reported that the Public Hearing and action on the ordinance would be continued to the May 11, 1998 Commission Meeting. Mayor Shaughnessy then opened the Public Hearing. Laura Johnston Perkins of Valdosta, Georgia stated her family had owned the property since 1930 and conducted a business there, and was present to answer any questions. Valerie Britt of 378 Tilefish Court, Jacksonville, Florida, representing the Pablo Point Civic Association, stated they opposed rezoning Johnston Island "CG" -Commercial General because it would allow too intense development for the azea. Ms. Britt presented documentation from a certified land planner supporting their position. Tom Dumas of 27 South 32nd Avenue, Jacksonville Beach, Florida, (representing Jim Perkins) supported the C-G designation and displayed a zoning map showing that the proposed C-G designation was compatible with the surrounding azea. He stated the property was zoned Industrial Waterfront by the City of Jacksonville prior to annexation. Findings of Fact sheets were distributed indicating the C-G zoning would be consistent with the City's Comprehensive Plan when amended, and compatible with existing uses and zoning. Access to the island was discussed and a brief history of its development presented. Information indicating why the property should not be zoned Industrial Waterfront was also given to each Commissioner, as well as photographs of the property. Patricia Goelz of 275 Fifth Street, inquired when the Special Called Meeting of the Community Development Boazd would be held and was told it was scheduled for 7:00 pm on Tuesday, May 5, ] 998. Dorothy Kerber of 365 First Street, inquired if land would be needed for a tum around where the ship would dock and inquired as to the land value now and how much it would increase if it was needed. Chris Anderson of 1679 Seminole Road, inquired if the Industrial Waterfront zoning classification would allow the casino ship. He then inquired if the property was being reclassified to favor the ship. OMMISSIONERS M O T I O N S E C O N D Y E S N O April 27, 1998 improvements (City Manager) The Resolution was read by title only by Mayor Shaughnessy. Motion: Adopt Resolution 98-19. Commissioner Mitchelson commented this was merely a procedural motion to provide funding for the Levy Road Improvements Project. It was explained that the $175,482 would be used to construct a 10" water main concurrent with the road improvements. Some discussion ensued concerning televising the emergency effluent outfall line located on the south side of Levy Road. Public Works Director Kosoy explained that this could be done later, but if done now it would be paid from the contingency fund for the project. Commissioner Bomo inquired if the line was dry. Public Works Director Kosoy stated it was not be used at this time and was dry. Mayor Shaughnessy inquired if the survey of the road right-of--way had been completed and City Manager Jazboe stated it was finished. There was no further discussion and the motion carried unanimously. 6. Action on Ordinances: A. Ordinance No. 90-98-165 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO INCLUDE THE AREA INCORPORATED INTO THE CITY OF ATLANTIC BEACH BY ANNEXATION; TO ESTABLISH ZONING CATEGORIES AND ZONING DISTRICT BOUNDARY LINES FOR THAT AREA; TO PROVIDE FOR SEVERABILITY; AND TO SET AN EFFECTIVE DATE Mayor Shaughnessy read the ordinance by title only and stated a Public Hearing would be held tonight. However, no final action would be taken by the Commission because the Community Development Board had conducted its meeting but lacked some pertinent information, and was unable to make its OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MESERVE X MITHCELSON X X SHAUGHNESSY X b Apri127, 1998 4. Consent Agenda: A. Authorize the Mayor to sign the State of Florida Auuual Local Government Financial Report for Fiscal Year 1996/97 (City Manager) City Manager Jarboe explained that the report was an annual requirement of the State of Florida and provided a brief overview of the revenues and expenditures included in the report. Motion: Approve Consent Agenda item as presented. There was no discussion and the motion carried unanimously. 5. Action on Resolutions: Action on Items SA and SB occurred under Item 2 Recognition of Visitors. A. Resolution No. 98-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL BOYS SOCCER TEAM (City Manager) (Action taken under Item 2, Recognition of Visitors) B. Resolution No. 98-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL GIRLS SOCCER TEAM (City Manager) (Action taken under Item 2, Recognition of Visitors) C. Resolution No. 98-19 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1997 AND ENDING SEPTEMBER 30, 1998, transferring funds for Levy Road OMMISSIONERS M O T I O N S E C O N D Y E S N O April 27, 1998 agenda because she had several concems relevant to the project. She fiuther stated that the project was at the 30% design stage and recapped the concems expressed during the April 13, ] 998 Commission Meeting. Of great concem was that the single lane of the flyover would funnel rapidly moving traffic onto an already overcrowded Mayport Road and cause access problems for residential and commercial properties located west of Mayport Road and south of Levy Road. Mayor Shaughnessy stated a joint meeting with the City of Neptune Beach had been tentatively set for May 13, 1998 to discuss this project and other items of mutual concem. Commissioner Meserve stated that he did not mind revisiting the matter and he would like to see the impact of the Wonderwood expressway on traffic before the flyover is constructed. He felt a representative of the Navy should be included at the joint meeting, and City Clerk King was asked to call Captain Jan Gaudio. Peter Coalson of 1614 Coquina Place, Chairman of the Recreation Board, read a letter from the Recreation Board concerning the negative impact the flyover would have on access to Tresca Pazk. William McGee of 1831 Selva Marina Drive believed that before engineering fora project is begun, the people impacted by the project should be involved to avoid wasting of taxpayer money. It was explained that the Atlantic Boulevazd/Mayport Road intersection improvements were a Jacksonville Transportation Authority (JTA) and Metropolitan Planning project, and notices of meetings concerning the project had been advertised in the newspaper. The Mayor then requested that a representative from JTA attend the May 13, 1998 meeting and bring visual aids and also anything they might have on the proposed A-1-A improvements. J.P. Marchioli of 414 Sherry Drive stated the flyover project was a "lulu" and he believed it should be canceled. Patricia Goetz of 1359 Beach Avenue also expressed concem for the impact the project would have on the park. Mrs. Goetz believed that the current 45 MPH speed limit on Mayport Road was too high due to the number of pedestrians crossing the road and requested consideration of a 35 MPH speed limit on the Atlantic Beach portion of the road. OMMISSIONERS M O T I O N S E C O N D Y E S N O Apri127, 1998 Motiou: Adopt Resolution No. 98-15. Coach Levine and members of the soccer team were present. Mayor Shaughnessy read the resolution in its entirety honoring their accomplishments. Team members were introduced individually and recognized. Coach Levine also thanked his team for their commitment and stated the recognition was greatly appreciated. There was no discussion and the motion carried unanimously. J.P. Marchioli of 414 Sherry Drive read a letter to the Commission expressing his disappointment in the cancellation of Dancing in the Street. Alan Potter of 374 Second Street spoke concerning a recent workshop where the low morale, low pay scale and high turnover rate at the Fire Department were discussed, and suggested that no other positions be funded until the firemen and policemer. were given a pay raise to make their salaries compazable to similar sized cities. 3. Unfinished Business: A. Action on the City Newsletter (City Manager/City Clerk) Motiou: Authorize Staff to reissue RFP for newsletter services utilizing the same format as the previous newsletter. City Manager Jarboe and City Clerk King briefly explained the options to be considered for printing the newsletter. Commissioner Mitchelson commented he wished to continue the newsletter with advertising to save the city the printing costs. Commissioner Meserve agreed that advertising should be included in the newsletter. Bill McMillan of 363 Fourth Street stated he had previously submitted a proposal for the newsletter service and would do so again. B. Discussion and Possible Action on the Proposed Improvements at the Atlantic Boulevard/Mayport Road Intersection (Mayor) Mayor Shaughnessy stated that she had requested this item be placed on the OMMISSIONERS M O r I O N S E c O N D Y E S N O BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X ~8ira~1?Aa ~ April 27, 1998 explained that First Night was the highly successful non-alcohol, family oriented community celebration of the arts held on New Year's Eve. Ms. Stewart thanked the Commission for the honor and invited everyone to attend an Open House for the school's new media center on Sunday, May 3, 1998 from 2:00 - 4:00 p.m. B. Presentation of Resolution No. 98-18 to Gabe Goodman, Pastor of Community Presbyterian Church (Mayor) Mayor Shaughnessy read Resolution 98-18 (adopted 4-13-98) in its entirety expressing appreciation to Reverend Gabe Goodman of Community Presbyterian Church for allowing the use of his church building for First Night festivities, and presented the framed document to him. Reverend Goodman expressed his gratitude for the honor and briefly explained the origin of the church's name. Items SA and SB were taken out of sequence and acted on at this time. A. Resolution No. 98-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL BOYS SOCCER TEAM (City Manager) Motion: Adopt Resolution No. 98-14. Coach Brown and members of the soccer team were present. Mayor Shaughnessy read the resolution in its entirety honoring their accomplishments. Team members were introduced individually and recognized. Coach Brown thanked the Commission for their support and praised the team for their commitment to a cause. There was no discussion and the motion carried unanimously. B. Resolution No. 98-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL GIRLS SOCCER TEAM (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER g BORNO g MESERVE X X MITCHELSON X X SHAUGHNESSY X MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, APRIL 27, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richazd Beaver Mike Bomo John Meserve Theo Mitchelson, Commissioners AND: James Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk e meeting was ca a to or er y ayor au essy. a tnvocat~on was given by Reverend Gabe Goodman of Community Presbyterian Church followed by the Pledge of Allegiance to the Flag. Approval of the minutes of the Regular Meeting held April 13, 1998. Motion: Approve minutes of the Regular Meeting Geld April 13, 1998 as presented. Mayor Shaughnessy stated she would like to amend Page 10, the last paragraph of the minutes to reflect that the radio station was not located on Johnston Island. The Mayor then asked for any further corrections or amendments to the minutes. There being none, the minutes were declared approved as amended. 2. Recognition of Visitors: A. Presentation of Resolution No. 98-17 to Lucy Stewart, Principal of Atlantic Beach Elementary School (Mayor) Ma}'or Shaughnessy read Resolution 98-17 (adopted 4-13-98) in its entirety expressing appreciation to Lucy Stewart, Principal of Atlantic Beach Elementary School, for her assistance in making the city's First Night Event a great success, and presented her with the framed document. Mayor Shaughnessy thanked Ms. Stewart for the use of the school facilities and v v 0 0 T T E E s s M S O E T C I O Y O N E N COMMISSIONERS N D S O BEAVER X BORNO X X MESERVE X MITCHELSON X X SHAUGHNESSY X Page Two AGENDA May 11, 1998. F. Authorize the City Manager to execute a Maintenance Contract Renewal Agreement between the City of Atlantic Beach and Florida Department of Transportation (City Manager) Action on Resolutions: A. Resolution No. 98-20 A RESOLUTION AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 (City Manager) 6. Action on Ordinances: A. Ordinance No. 90-98-165 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO INCLUDE THE AREA INCORPORATED INTO THE CITY OF ATLANTIC BEACH BY ANNEXATION; TO ESTABLISH ZONING CATEGORIES AND ZONING DISTRICT BOUNDARY LINES FOR THAT AREA; TO PROVIDE FOR SEVERABILITY; AND TO SET AN EFFECTIVE DATE (City Commission) New Business: A. Authorize the purchase of an Automated External Defibrillator at State Contract price of $2,728.80, to be used by the Lifeguards (City Manager) B. Action on staff recommendation relative to selection of a firm to write a Process Safety Management (PSM) and Risk Management Plan (RMP) for the City (City Manager) 8. City Manager Reports and/or Correspondence: Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Comm_~_c~ with respect to any matter considered at any meeting, such person may need a record of the prooeedmgs, and, fa 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 ibe appeal is to be based. Any person wishing to speak to the City Commizsiau on any matter at this mcetiug 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. In accordance with the Americans with Disabilities Act and Section 286.26, Fknida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Fridry, May 8, 1998. CITY OF ATLANTIC BEACH COMMISSION MEETING -May 11, 1998 AGENDA Call to order Invocation and pledge to the flag Approval of the minutes of the Regular Commission Meeting of April 27, 1998 2. Recognition of Visitors: A. Proclamation declaring the week of May 17 - 23, 1998 as Public Works Week (Mayor) 3. Unfinished Business: A. Public Hearing and related action on an application filed by C.B. Universal, Inc., to operate a cruise ship from Johnston Island, which proposed development is undergoing a Development of Regional Impact review (City Commission) B. Appointment to Tree Board (1) (Mayor) C. Discussion and related action relative to proposed Bull Park improvements (City Commission) 4. Consent Agends: 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 DESIltED, 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 monthly report of new occupational licenses issued during the month of April, and monthly reports from Code Enforcement, Building, Fire and Recreation Departments (City Manager) B. Reject all bids received under Bid #9798-17 for Tresca Park improvements and authorize rebidding the project (City Manager) C. Reject all bids received under Bid #9798-20 for the construction of a new Lifeguard Station and authorize rebidding the project (City Manager) D. Authorize the City Manager to execute a Disaster Relief Funding Agreement between the City of Atlantic Beach and Florida Department of Community Affairs (City Manager) E. Authorize the purchase of a Kubota tractor Model GSTCA pursuant to the specifications of Bid No. 9798-8 re-bid, from Robinson Equipment at a cost of $26,390.00 (City Manager)