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10-13-98ALAN JENSEN ATTY 624 P03 OCT 09'98 09:51 &F.CITON 2. Any improvements to real property in residential districts permitted after the effective date of this Ordinance and built in compliance with the lot coverage requitemeats set forth above which are subsequently damaged or destroyed by a catastriophe such as a hurri- canq flood, fire, and the like, may be rebuilt within the footprint which existed at the time of said catastrophe. New building permits wrTl be required. SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSID by the City Commission on first reading this day of , 1998. PASSED by the City Commission on second and final reading this day of 1998. ATTEST: MAUREEN I~TG City Clerk SUZANNE SHAUGHNESSY Mayor, Presiding Officer Approved as to form and correctness: A):.AIJ C. JENSEN, ESQUIRE City Attorney NLf=IN JENSEN RTTY 624 P02 OCT 09.98 09:50 ORDINANCE NO. -98- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SEC. 2417, DEFINITIONS, AND SECS. 24104,105,106 AND 107, RESIDENTIAL DISTRICTS, TO LIDIIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE DATE. BE TT ENACTED BY TIIE CITY COMNIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The defmition of lot coverage is Sec. 24-17 and Secs. 24-104(f)(I), 24- 105(f)(1), 24-106(f)(1) and 24-107(f)(1) of the Code of Ordinances of the City of Atlantic Beach, Florida, aze hereby amended to read as follows: "Sec. 24-17. Defluutions. Lot coverage shall mean the area of the lot covered by the Around floor of all principal and accessory uses and structures, including all areas wvered by the roof of such uses and structures, measured along the exterior faces of the walls, along the foundation wall line, between the exterior faces of support columns, from the center line of walls separating two (2) buildings or as a combination of the foregoing, whichever produces the greatest total ground coverage for such uses and structures. Tn all residential districts, lot coverage shall also include all other impervious surfaces, such as driveways, patios, decks, and the like. Impervious surface shall mean a surface, material or application which substantially inhibits the percolation of surface water into the soil. Sec. 24104(fj(1) Maximum lot coverage: fifty percent (50%); Sec. 24-105(f)(1) Maximum lot coverage: fifty percent (50%); Sec. 24-106(0) (1) Maximum lot coverage: fifty percent (50%); Sec. 24107(f)(1) Maximum lot coverage: fifty percent (50%);" --- - _ j ~ '7A s F .3:._ ~ .,3 _. STAFF REPORT AGENDA ITEM: Ordinance No. 90-98-167 SUBMITTED BY: George Worley II, Community Development D'vector ~ C~' ~ DATE: October 7, ] 998 BACKGROUND: Commissioner Mitchelson has proposed an amendment to the zoning regulations of the city to provide a maximum impervious area requirement for all residential zoning districts. The proposed addition of this requirement is not a new concept for Atlantic Beach. Prior to 1987 the city had just such a requvernent. Ordinance number 90-86-113 removed the maximum lot coverage requirement of 35 percent from all zoning districts. 7'he requirement was removed in 1987 because the City Commission believed that the lot coverage and setback regulations were in conflict. Staff has reviewed the proposed ordinance as well as the setback requirements currently incorporated in the zoning codes and does not believe that they are intended to regulate lot development in the same way. Setback requirements aze intended to delimit the placement of structures on a lot. Any limitation of the floor area of structures accomplished by setback regulations is secondary to the intended location limitations. The lot coverage regulation and the associated definitions proposed in Ordinance 90-98-167 are intended to limit the azea ofa lot which can be covered by materials which do not allow surface water to percolate into the soil. This includes the principal building itself and any accessory buildings, driveways, patios and walkways. The proposed ordinance regulates this by assigning a percentage of a lot which may be covered with impervious materials. The location of structures continues to be controlled by setback regulations. RECOMMENDATION: Staff recommends adoption of this ordinance on first reading and setting of a Public Heazing for November 23, 1998. AT7~ACHMENTS: 1) Ordinance No. 90-98-]67 ~ \ t _ REVIEWED BY CITY MANAGER: ~~ ~ . ~i AGENDA ITEM NO. EXHIBIT H EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 1, 1998 -Project Agreement Executed, Project Initiates. DECEMBER 31, 1998 -First Quarterly Report Due. MARCH 15,1999 -Second Quarterly Report Due. JUNE 31, 1999 -Third Quarterly Report Due. SEPTEMBER 15, 1999 -Fourth Quarterly Report Due. 31, 1999 -Fifth Quarterly Report Due. MARCH 15, 2000 -Sixth Quarterly Report Due. JUNE 31, 2000 -Seventh Quarterly Report Due, if project will not be completed and all close out paperwork submitted by September 1st a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 1, 2000 - Close-out paperwork due. SEPTEMBER 30, 2000 -District finishes processing close-out paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require :advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit B, would be after receipt of bids. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Paragraph 10 of the project agreement. EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 15_ Dec 15-Mar 1 Mar 1-June 15 June 15-Sep 1 Report Due: (Dec 31) (March 15) (June 31) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title:, Project No: I hereby certify that the above referenced project was completed in accordance with tt•.e Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and dated 19 and that all funds were expended in accordance with Exhibit "B" and Pazagraph 5 of the Project Agreement. Project Liaison Name: Project Liaison Date: NOTARY SEAL FIND Form No. 90-23 Rev. 9/3/92 FIND - Form No. 90-24 Page Two SC.BEDQLE OF Expense Description (Should correspond to Cost Estimate Sheet Categorise in Exhibit Vendor Name "B") Check No. Total Applicant FIND and Date Coet Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison Date FIND - Form No. 90-24 Rev. 9/3/92 EZSIBIT D FLORIDA IHLAHD NAOIGATION DISTRICT l1ATSRRAYB A88I8TA)ICB PROGRAI[ PAY![Bl1T REZli8QR8E1IENT REQII88T FORK PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds Previously Requested Balance Available = Fund^ Requested Less Retainage (109) Cheek Amount Balance Available I,ese Check Amount ,c Balance Remaining = ~- ~t- PROJECT NO.: BILLING NO.: BCHEDIILE OP ESPSNDITDREB Expense Description Check No. Total Applicant FIND {Should correspond to Vendor Name and Date Coet Cost Coet Cost Estimate Sheet Categories in Exhibit "B") FIND - Form No. 90-24 Rev. 9/3/92 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 1, 1998, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor. Project Liaison Project Liaison Date: NOTARY SEAL FIND Form No. 95-01 New 9/9/95 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT' COST ESTIMATES PROJECT NUMBER: DU-AB-9E-31 PROJECT TITLE: Dutton Island Conservation Perk -Phase t APPLICANT: City O(Atlmtir Beach Project Elements Quantity Estimatcd Applicaras (Number atdlor Cost Cost FMD Cost flasipn 6 Construction Documents +3 50000.00 I +S 25000.00 I +S 2500000 TOTALS r S 50000.00 + S 25000.00 + S 25000.00 LYHIBZT B arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(11 FS. Law Implemented 374.976(1) FS History -New 12-17-90, Formerly /6T-1.011. 66B-2.013 -Acknowledgment. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authoriry 374.976(1) FS. Lmv Implemented 374.976(11 FS. History -New 11-17-90, Formerly J6T-1.013. 14 Specrfic Aulhoriry 374.976(2) FS. Law Implemented 374.976(() FS Nislory - I<ew /2-17-90, Amended 9- 5-96, Formerly /6T-2.010. 66B-2.011 -Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and canceled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.97G(2) FS. Law Implemented 974.976(/) FS. History -Kew /2-I7-90, Amended 6- 24-93, Formerly 16T--2.01 /. 66B-2.012 -Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of Lhis rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three yeazs after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit l3 shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12-17-90) hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the fmal project plans. (b) A fmal reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B- 2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Lmv Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.009. 66B-2.010- Project Agreement. (1) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two year period with the possibility for one, one year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a forma] amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District boazd except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. t2 executed by the project spc~sor and project contractor must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that Phase I will be completed prior to the tentative approval date of funding for Phase II, provided, however, that in extraordinary situations this requirement will be waived by the Board of Commissioners where an applicant has provided documentation of all of the following: 1. The delay in completing Phase I is for a reason or reasons outside the control of the applicant, and the applicant has demonstrated that it diligently proceeded in attempting to complete Phase I; 2. All the impediments to completion of Phase I will have been resolved on or before the District's fmal TRIM hearng at which the Phase II funding is to be fmally approved, and the applicant has provided a timetable showing such completion of Phase I within this time period; and 3. A delay in funding Phase II would significantly increase the cost of Phase II, create a substantial likelihood that Phase II would not be accomplished, or adversely impact on public safety or the operation of District waterways. Should Phase I of an application for a construction project not be completed by the District's final TRIM hewing, the Phase II project will not be considered for funding. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(?J FS Lmv /n+pleneented 374.97G(IJ - (3J FS History -New J2-J7-90, Amended 9-2-9?, 6-N-93, 2-3-94, 4-J2-95, 9-5-96, 2-6-97,_, Formerly J6T-?.008. 66B-2.009 -Project Administration. The District will administer all funded projects through an executed project agreerrment. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports tt 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccumng personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping 2. Park and playground equipment 3. Restrooms fc~r non-waterway users 4. Tennis courts Roadways providing access [o non-waterway users 6. Parking azeas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. hrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs: a. Applicant's non-recumng personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration, and inspection costs; d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reirrihursemenr is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and to will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 37,!.976(2) FS. Lmv /nrplenrented 374.976(/) FS. History -New 12-17-90, Amended 9- 2-92, 6-24-93, 4-12-95, Formerly 16T-2.006. 66B-2.0061- Emergency Applications. Emergency applications may be submitted to the District and considered by the Boazd at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS Larv lnrplenrented 374.976(!) FS. History -New 6-24-93, Amended 1-6- 97, Formerly /6T-2.006/. 66B-2.007 -Application Form. Florida Inland Navigation District Waterways Assist2nce Progam Application Form Number FIND 90-22 (effective date 5-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90- 22. All applications for financial assistance and support through this program from navigation related dish~icts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS Law Implemented 374.976(/) FS History -New /2-17-90, Amended 6- 24-93, 2-3-94, 4-12-95, Formerly /6T-2.007. 6bB-2.008 -Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishnrent. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be an~anged into a priority list each year by vote of the Boazd. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, reputation or information 9 SpecificAu(horiry 374.976(2) FS. Law Implemented 374.976(1). (3J FS. History-New 11-17-90, Amended 6-24-93, 9-5-96, 2-6-97,_, Formerly 16T-2.005. 66B-2.006 -Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by reference and available from the District office located at 1314 Mazcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4- 12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is deternned by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation wilt at a minimum include a discussion of the applicants answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations s pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declazed to be a benefit to public navigation. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renomishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that aze adversely impacted by navigation for the purposes of this program shall be made by Depaztment of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education may include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for- safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local govemments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local govemments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boazdwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. 66B-2.005 -Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are detemtined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation 6 (10) The project shall be completed within three (3) years of the beginning of the District's first fiscal year for which the project was approved. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate which shall be an attachment to the project agreement. (12) All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement costs shall not exceed fifty (50) percent of the project's total cost. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16)The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this ~vle. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (18) All public marina projects funded through this program shall include sewage pumpout facilities for vessels. (19) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. Specifrc Authority 374.976(2) FS. Lativ /mpleneenred 37a.97G(/). (1) FS History -New !1-17-90, Amended 2-3-9a. 2-6-97,, Formerly /6T-1.00x. 5 (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board fords that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on anon-exclusive basis without regazd to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board. a (20) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or exte!lding from said waterway. (21) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. (22) BEACH RENOURISHMENT -The placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (23) "TRIM HEARING" - A public hearing required by Chapter 200 FS. concerning the tax and budget of the District. (24) "PRE-AGREEMENT COSTS" -Project costs approved by the District Board which have occurred prior to the execution of the project agreement. (25) "PUBLIC MARINA" - A small craft harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. Specific Authority 37J.97G(?) FS. Lmv Implemented 37x.976(/) FS History -New 12-17-90, Amended 9- 2-9:, 2-6-97,_, Formerly 16T-2.003. 66B-2.004 -Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local govemments may also be provided fmancial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and canying out beach renourishment and inlet management projects. 3 (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (5) "DISTRICT" means the Florida Inland Navigation District (FIND). (6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (7) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (8) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (9) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (10) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (11) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevazd, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (12} "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (13) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (14) "PROGRAM FUNDS" means financial assistance awarded by the Boazd to a project for release to the project sponsor pursuant to the terms of the project agreement. (15) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (16) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regazding an approved project. (17) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (18) "PROJECT PERIOD" means the approved time during which costs may be incurred and chazged to the funded project. (19) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. 2 ATTACHMENT A CHAPTER 66B-2 -WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgment. 66B-2.001 -Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local govemments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS Lmv Implenrenled 371.976(/) FS History - h'ew 12-U-90, Formerly 16T-2.001. 66B-2.002 -Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specifrc Authority 374.976(2) FS. Lmv Inrplenrented 374.976(/) FS History -New /2-17-90, Formerly 16T-1.002. 66B-2.003 -Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and yeaz aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT WITNESSES: By: CHAIRMAN DATE: PROJECT SPONSOR By: Title: DATE: ~o attorney's fees at the trial, appellate and post judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [intentionally left blank] To PROJECT SPONSOR at: City of Atlantic Beach Attn: City Manager 800 Seminole Road Atlantic Beach, Fl. 32233 24. NO JOINT VENTURE -The DISTRICT's role with respect to the PROJECT is that of a fonder only and the DISTRICT is not, and shall not be considered to be, an agent, partr-er, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW -The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING -This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTSN. ENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and a 19. SOVEREIGN IMMUNITY -Each parry hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS- The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at ary time. 21. RIGHTS AND DUTIES -The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless die context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS- Waiver of a breach of any provision of this Agreement shall not be deemed a waive of any other breach of the same or different provision. 23. NOTTCE -Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATTON -The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for fonder of the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicab]e, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSUR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 6 11. DISTRICT PROJECT MANAGER -The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Ageement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbwsement requests prior to payment. 12. SPONSOR'S LIAISON AGENT -The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and title shall be submitted to the DISTRICT upon execution of the Project Ageemr:,t, io act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Ageement. 13. STATUS REPORTS -The PROJECT SPONSOR'S Liaison Agent shall submit to the DTSTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIAi~'CE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Ageement. 14. LAWS -The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION- i~he PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on anon-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to s administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the teens of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION -The PROJECT SPONSOR shall retain all -records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE- The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. a 5. PROJECT COSTS - To be eligible for reim~arsement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be duectly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the Project period, with the exception of pre- agreement costs, if any, specifically identified in Pazagraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES -PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or Liaison Agent with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (]0%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit A: personnel, equipment, project management, 3 that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July I, 2000. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT -The DISTRICT shall contribute no more than fifty percent (50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, aad only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Pazagraph 5 below and shall not, in any event, exceed $25,000.00. The PROJECT has been designated as a Phase I Project, which involves planning, designing, engineering and/or permitting activities. Pursuant to the District's Rules, reimbursement will be made, assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of the Agreement, only upon commencement of construction of the project for which the Phase I planning, designing, engineering and/or permitting were directed, which may not involve further District funding. Procedures set forth below with respect to reimbursement by the District are subject to this requirement of commencement of construction. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. z FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. DU-AB-98-31 This PROJECT AGREEMENT made and entered into this day of 1998 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Atlantic Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT- Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Dutton Island Conservation Park Phase I. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM -The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT $oard and shall complete the PROJECT and submit all required payment reimbursement information on or before September I, 2000, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the October 1, 1998. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2000, and fIURIW~~IRUN, FLORIDA INLAND NAVIGATION DISTRICT ~IWpOF 019RK1 . September 25, 1998 Mr. Jim Jarboe, City Manager COMMISSIONERS City of Atlantic Beacli 800 Seminole Road ANN SHORSTEIN Atlantic Beach, FL 32233 CHAIR DWAL OWNTY BRYNN G. NEWTON Dear Mr. Jarboe: VICE-CHAIR FLAGLER G31NlfY ~~ 1998-99 Waterways Assistance Program Project Agreement JAMES O. TAYLOR SECRETARY vausu couNrv Enclosed, for your signature, are two original project agreements for LENTgM~SEOR RDAHL your approved Waterways Assistance Program project. After they PA`N~"CMCO1NT•' have been executed please return both originals to me for execution TeR B~MOO~HNFJrv1D by the District. When returning tl~e agreements also include an LAURENCE D.LOCKER executed Exhibit C, the Matching Funds Form. BROWARD COUNtt GN~IARNGRIVPER CU dN 1+ E7 LL I will return one fully executed original agreement to you for your . N Y PIER files. Should you have any questions please contact me. RE D.THOMPSON ST JOHNS G)VI1TY M. BRENT WADDELL MANTIN COUNTY Since 1 STANLEY E. GOODMAN ~~ aDE GXNftt '' V JO ANN ALLEN ST IUCIE COUNTY David K. Roach Assistant Executive Director ART WADE ExECUTIVE DIRECTOR DAWD K. ROACH ASSISTANT E%ECUTNE dRECTOR ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY W RLLAI BEACH COLNTv 1311 MARGNSKI ROAD. JVPITER. FLORIDA 33An TElEP/gNE 5!1-0713386 FAX No. 581-0248/80 www. Hiner. corn/-RnevCMt k T ' *~ ~_' ,~ . 8„B~~ __s 0 3 _ q$ ti ~ s~r,~„,... CITY OF fftxa.~tle ~eaek - ~CazCda 800 SEMINOLE ROAD __ _ _~_ __ ATLANTIC BEACH, FLORIDA 32233-5435 - - "- TELEPHONE 1903) 237-5800 ~ ~ ~~ FAX (903) 237-5805 ---------.a.~~ SUNCOM 852-5800 October 8, 1998 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach Subject: 1998-99 Waterways Assistance Program Project Agreement City Commission Members: You will recall in July, 1998, as a result of our applying for a grant from the Florida Inland Navigation District, we were awazded 525,000 in assistance funding, with matching funds from the City, to be used for design and construction documents for the Dutton Island Conservation Pazk. Enclosed is a project agreement for this approved Waterways Assistance Program project. This has been placed on the agenda for Commission information and autharization for signature. Respectfully submitted, ~/~ Jam s R. Jarboe City Manager JRJ:tI 0 0 0 = -- o e P o o rv . . L] rn U} a .. oo ? _. T ._. o 0 o a .~ ~ N P ^ ~ y~ H H 0.: W as - ~'. } E] } H + H H L' a0 N r O N r N r ~". ~ .'_. - V: f- r r T O P ~'% R ~ ~ N N N N O C C N O G O r G : . P P r ~ r r '~ r ~ ~' ~ .- .- C V ~ e n O H H ~O O H H P H H A H H H H H H H H H Q N L. :r; ~ Za H o a N ~o - r ~ c ~ z Z ~ - Z Z c z c Z o 0 z z 0 0 z z o c Z z E"' v i N r O ~ } . . Q N N N Nl H H H H H a0 -- C1. r .. W N N C ~ Q O - V: r r r T T '~ 'Jb ~ O '~ '/~ N N N N CO W O O C f vNi r a aC N C N ^. _ rte. - _ N. .- ~ - O R K !*' T/ H H H H N1 H H ~ ~ H H Y H H H H H H T Wp. H ~ .n 'i - - ri N -~ r ~ N O ~ N h M } ~ V _ C ~ Y -_ x r^ a ~ ~ ~ . _ U a o _ _ ° .. < rv r. ~ ~ C ~ ~ ~ ~ ~. - ~ N - N C c ~ v qq ~ n G ° " p ° ~ ° o 1 ... ~U ~ - C .~ •l. C S Ri = v ^ ~ ~ C ^ ~ a ~ 5 ou •. ' ~ a U . J :. C 7 u r U ~ ~ ~' .o nC 9 n ... - ~ ~ ~- u ~ L .- . 'C .~ t ~ 'C .~ : `~ ^ ~ L' U F V ~ :J a L• :J < ., { . .~ ~ _. V . ... . . . c ~ m c v ~ c c. ~ r o -• C ~.~. ~ h _ ~ ~ ~ V [:: ~ n ~ ~ c , L H L J. _ ~ G y ` J_ .. y G E ~ O .~ W m.- M H ~ ~ o y 0 C ~ . ~ ~C1 r ~C ~- _ s5 _ o .on ~ . j U5 o ~ ~ ~_ ~~u ~o .~ Q < sa H » » i H .- ~i r » r N < v k. H < [:u1 iii a. v o, P ? T C Y. ~ ? T P P E P U O~ o c ~ o ~ o - - -- ~ - _ "' T T P P T T ~, ,., ~. i c C C C C C' C ~ O O O G C O p Animal Asphyxiation The City was mosquito-fogging a 15-city block area. An absentee tenant of an older apartment building had left her windows open. When she returned home she found her cat had been asphyxiated by the fumes. She sued the city for damages including mental anguish, and received a settlement of $18,500. Cro~Contamination A County tank truck was on its way to spray over 100 miles of county roads for weed control. On its way to the designated area, the driver lost control of the truck. The vehicle rolled five times and came to rest on its side in the claimant's watermelon field. 2500 gallons of the herbicide was spilled over a wide area of the filed, killing or contaminating a lazge part of the crop two weeks before harvest. Damages, including remediation of one-half acre of badly soiled land, amount to $96,000. CASE STUDIES INVOLVING PUBLIC ENTITIES Chlorine Gas Release at Wastewater Plant A chlorine release at a wastewater treatment plant resulted in toxic air emissions. Area residents and business were evacuated and several people were hospitalized for inhalation of fumes. A total of 12 business were forces to shut down for the better part of a day. Bodily injury claims amounted to $170,000 and business interruption claims totaled $220,000. Groundwater Contamination at Wastewater Plant A wastewater treatment plant that was 25 years old had been upgraded several times over the years. Improper closure of an old clarifier and on-site surface impoundment had allowed gradual seepage into the groundwater. These constituents contaminated the underlying groundwater that was a potable water supply for a neighboring community. The costs for groundwater cleanup and emergency water supply for residents totaled $550,000. Raw Sewaee Release At a newly built wastewater treatment plant pumping station, a faulty valve malfunctioned. As a result, a ruptured pipe released 2.8 million gallons of raw sewage into a local creek. Municipal workers acted quickly to stop the pipe rupture. Raw sewage traveled downstream to a larger river. Local fishermen, recreational boaters, and marinas use the river. Many boats were damages by the sewage and mazinas were forced to close temporarily while the riverbanks were cleaned up. The total cost of property damage and loss of income totaled $195,000. Aquatic S ra in Spraying operations were conducted around acounty-leased and operated boat ramp. An incorrect application of chemicals was applied resulting in eradication of about 1/3 of the lake's fish population. Homeowners on the lake sued the county for $350,000 in damages. PUBLIC ENTITY ENVIRONMENTAL INSURANCE PROGRAM Term: Com~anv: Limits of Liability: General Aggregate Deductible: Insured Locations: October 1, 1998 to October 1, 1999 United Capitol Insurance Company (Rated A-VII by A.M. Best) $1,000,000 per occurrence $1,000,000 annually $10,000 per occurrence I. Wastewater Treatment/Water Treatment Coveraees: I. Claims-made policy form. Retro date is effective date. 2. Coverage is applicable only to specified sites (except for spraying operations). 3. Third party pollution liability. 4. On-site cleanup. 5. Loading, unloading, and contingent transportation. Notes of Importance: • Coverage specifically excludes, but is not limited to: I . Known conditions. 6. Property damage to property 2. Intentional acts. owned, leased, operated, or in the 3. Punitive damages. care, custody, or control of 4. Insured vs. insured. insured. 5. Asbestos. • A full, completed application is required before binding. • Premium not subject to audit. Agenda Item: ~A Date: 10 - 13 - Q $ CITI' OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT suB.rECT: City Insurance. AGENDA ITEM: Yes. ACTION REQUESTED: Authorize the addition of Public Entity Environmental Insurance, at an annual cost of $8,500 to the City's insurance. Authorize City Manager to sign necessary forms letters to add Public Entity Environmental Insurance and for continuation of C'ity's insurance policies. DISCUSSION: In October 1995, the City renewed it's insurance coverages/policies after completion of a competitive RFP bid process. Most of the City's policies are of a continuing nature and are renewed without additional application based upon payment of premiums; however, some of the policies require certification of infiirntation from the City or signature on a renewal premium binder. During our review for renewal of the City's liability insurance, it was determined that the City did not have coverage for Pollution Liability and we are recommending that such coverage (see Atch 1) be added to insure the City for such acts as: Chlorine gas releases at ~.ater/wastewater plants, Groundwater contamination at water/wastewater plants, Raw sewage release, Aquatic spraying. "fhe (:ity Commissioners have also approved, within the FY98/99 Budget" funds to hire a consultant to review and prepare an RFP to bid out the City's insurance (excluding health insurmce) to be effective October l . 1999. FUNDING: Funding for the City s insurance, including the above proposed addition, is currently within the 1998/1999 Budget. SUBMITTED BY: George Foster. Human Resource Manager Atch: 1. Pollution Liability Insurance Information 2 Summary of City's Insurance REVIEWED BY CITY MANAGER: _~ ~j RESOLUTION No. 98-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees shaze the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by City government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: Section l . That the City of Atlantic Beach does encourage all citizens, city government officials, and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. Section 2. That the City of Atlantic Beach does encourage educational partnerships between city government and schools. Section 3. That the City of Atlantic Beach does support and enwurage all city governments to actively promote and sponsor "Florida City Govemmem Week." Adopted by the City Commission of Atlantic Beach, Florida, this 13th day of October, 1998. Suzanne Shaughnessy, Mayor John S. Meserve, Commissioner Mike Bomo, Commissioner Itichazd Beaver, Commissioner Theo Mitchelson, Commissioner .~ OF 1'~txaKtle ~eaeli - 800 BEMINOLE ROAD _ ATLANTIC BEACH. FLORIDA 3??33-5435 TELEPHONE 19031 257-5 800 ~~ FAX (903) ?37-5805 BCNCOM 85?-5800 September 8, 1998 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach Subject: Florida City Govemment Week October 18-24, 1998 City Commission Members: As in past years , we have been asked by the Florida League of Cities to celebrate October 18-24, 1998 as Florida City Government Week and to adopt the attached resolution. In addition to preparing the resolution for Commission approval, we will promote Florida City Government Week by having available at the receptionist area of the City Hall bumper stickers and lapel buttons indicating My City, : 'm Proud of It! Respectfully submitted, / ' Vy~/~ JamesiIt. Jarboe City Manager JRJ:tI Copy to: Maureen King City Clerk CITY OF ~tfa•ctlc bead - ~lazlda ~~ -98 iQ-I? ~P~Rilittilri vo. ~~x- 3v N~Ht:RFAS. a ~~oman ~stts attacked chile ~~~alking on Atlantic Beach the tnornim, of October 6, 1993, and ~~~H)•:RF,AS. the suspect ph~~sicalh~ assaulted and robbed the ~coman, and then attempted to drag her into a more secluded location, and ~~~Ht:RF::~S, Robert D Shimp observed the altercation taking place behceen the c~ictim and suspect and did inten~ene and stop the assault, thus protecting fire c~ictim from am' further harm. and ~~ HERF:AS, Robert D Shimp did detain the suspect against the suspect's kill, and did turn the suspect oc~er to the responding police otlicers at the score, and ~~'HERf::~S, Robert D Sirimp did accept considerable personal risk in looking after the safety and ~ccll beine ofa stranger echo was beine c~ictimized on the beach, in addition Ur forcibly detaining a robben~ suspect \Y)N~. "r11ERF:FORE. BF: 1'1~ RESOLVED the Cih~ Commission of Atlantic Beach, Florida. ~cishes to express its sincere appreciation ur Kobert D Shimp for this selfless act of heroism ~chich served to protect an innocent cictinr, incarcerate a robber} suspect. and present further criminal actirih~ on the part of the suspect The citizens of Atlantic Beach and the wrroundins communities hate benefitted from \1r Shimp~s decision ro'-get im'oh~ed", and his ~cillingness to take the necessan~ action to protect a stranger being c~ictimized on the beach BF 1'I Fl'R"CHF:R RF:SOI,~'ED that a cope of this Resolution of recognition and appreciation be spread upon the oflicial minutes of the Cite of Atlantic Beach and a certified cop} hereof be furnished h:r Robert ll Shimp. Adopted b}~ the Citc Commission of Atlantic Beach, Florida, this 13th da~~ of October, 1993 Suzanne Shaughness, Mayor John S. \tcscrcc, (onunissioncr \tikc Borno. Commissioner Richard ficac~er. Commissioner I hco ~~litchelson, Cornmissioncr j,`v'f t X ti'~ F ~ r<=~`1k0 r 13 s~8~ . CITY OF v~ b"eaek - ~!a-sida 800 SEMINOLE RMD --- ATLANTIC BEACn, FI.ORmA 3223}Si05 TELEPHONE t903) N7-3800 FAX (90Q 7A7-5803 October 6, 1998 To: Jim Jarboe, City Manager From : Timmy Johnson, Recreation Director Re: Usage Report, Community Center, October, `98 Jim, here is a recap of activity at the Adele Grage Community Center for the month of October, 1998. Group/Event # Mtgs/Events # People %Total Use THEATER (Room A) ABET Set Bldg./Performances Rehearsals and Workshops 30 689 Narcotics Meeting 4 ] 00 Beaches Co-op 1 30 Leleche 1 20 TOTALS 839 AA Meeting Board Meetings/Art Classe CribbagelScrabble Travel Group TOTALS MEETING ROOM (Room B) 8 80 s 5 108 6 36 24 248 Total Number of people using the Theater 839 Total Number of people using the Meeting Room- 248 "total Number of people using the Adele Grage Community Center --- 1087 82 12 4 2 100% 32 43 15 ]0 100% 77% 23% 100% -. ~ Atlantic Beach 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 09/01/98 thru 09/30/98 This Last This Mo This Yr Last Yr ~ Yearly Month Month Last Yr to Date to Date $Change Fires ___ 3 _______ 2.2$ 2 1.5$ _____ 1 _____ 1.1$ ___ 28 _______ 2.6$ _____ 22 _____ 2.4$ _______ 27.3 False Alarm 2 1.5$ 0 0.0$ 0 0.0$ 18 1.6$ 9 1.0$ 100.0 Disasters 0 0.0$ 0 0.0$ 0 0.0$ 0 0.0$ 0 0.0$ 0.0 Veh Fires 0 0.0$ 3 2.2$ 1 1.1$ 8 0.7$ 11 1.2$ -37.5 Haz. Cond. 1 0.7$ 0 0.0$ 0 0.0$ 2 0.2$ 2 0.2$ 0.0 Brush/Trash 0 0.0$ 0 0.0$ 3 3.2$ 15 1.4$ 14 1.5$ 7.1 Misc. 13 9.6$ 23 17.0$ 11 11.8$ 131 11.9$ 111 11.9$ 18.0 Mutual Aid 16 11.9$ 17 12.6$ 3 3.2$ 128 11.7$ 91 9.7$ 40.7 Medical 94 69.6$ 83 61.5$ 70 75.3$ 724 65.9$ 633 67.6$ 14.4 Illegal Burn 0 0.0$ 0 0.0$ 0 0.0$ 5 0.5$ 6 0.6$ -20.0 Spill/Leaks 3 2.2$ 0 0.0$ 0 0.0$ 14 1.3$ 8 0.9$ 75.0 Power Lines 3 2.2$ 7 5.2$ 4 4.3$ 26 2.4$ 29 3.1$ -- - -11.5 --- Totals --- 135 -------- ----- 135 -------- ----- 93 ------ ---- 1099 -------- ------ 936 - - -------- October 5, 1998 TO: Jim Jarboe, City Manager THROUGH: David Thompson, Public Safety Director FROM: Claude Mayo, Acting Fire Chief REF: Monthly Report for September 1998 Attached is a copy of the data from the run reports for the month of September 1998, and a comparison of runs for September 1997. As indicated for the month of September 1998, the Fve Rescue Department responded to 135 calls for service. During the same time last year (September 1997), the Fire Rescue Department responded to 93 calls for service. The average response time for the month is about three and one half minutes and is well within the normal response time to calls within the city. This month our calls for medical related service are about 69.6% of our total call volume, or 94 calls. The fire related call percentage for this month is about 2.2% of our total call volume, or three calls. This figure is l.l% higher than the same month last year. As indicated on the attached we are ] 63 calls over this time last year at this date. There were three (3) structure fires that caused approximately $1,720 in estimated property loss. The value of the property involved in fire was about $338,000. The estimate net property saved was $336,280. There were 22 inspections conducted during September, six (6) new occupational license and sixteen (16) annual fire safety inspections. X'o'1 Vf ~I ~ ~ / -.V G t~~ City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: FIRE DEPARTMENT MONTHLY REPORT FOR September 1998 SUBMITTED BY: Claude Mayo, Acting Fire Chief DATE: October 5, 1998 BACKGROi":~ Attached is a copy ofthe monthly report and Sre report data. RECOMMENDATIONS: To have this report part of the consent agenda for the October 13, 1998 commission meeting. ATTACHMENTS: Copy of the Fire Department monthly report and fire report data. RECEIVED BY CITY MANAGER: AGENDA ITEM NO. - -.,~ Code Enforcement Activity Report October 1, 1997 -September 30, 1998 - CODE VIOLATIONS ` PREVIOUS PRESENT YEAR TO MONTH MONTH DATE Abandoned Vehicles CAR 10 e lc es mpoun e o}e yBoatlTrailer ousmg o e io a Ions azar ous on lions nperml a ons ruc Ion oning to a Ions n icense uslness ign io a ion vergrown ege a Ion ras omp am o se omp aln ulsance omp aln ea a azar nlma omp am a er ewer 1 omp am ewer ys em omp aln a age orm a er ramage er TOTALS Complaints in Compliance 31 S8 Number of Complaints Outstanding B3 ~ Proactive Complaints 2S 33 350 Reactive Complaints 16 27 324 07NER ACTMTIES: 1. Special call meting on October 8, 1998 Case # 7880, 330 Sago Road. House 6 property unfit for human habitation. 2. Discussion re/atfve to appointment of two akematss to code enfon:ement board. 3. C.E. violations 1997 (162) - 1998 (694) Next Code Enforcement Board Meeting November 10, 1998, 7:30 pm in Commission Chambers. City ofAtlanticBeach City Cummia~iun Mvamg . Staff Report Agenda Item :September 1998, Code Enforcement Report Submitted By : Kazl W. Grunewald, Code Enforcement Officer Date Submitted: October 5, 1998 Recommendation Attachments :Monthly Report Agenda Item No. a A Date: October 13,1998 Reviewed By City Manager _- CITY OF /ltYaatic S~eacli - ~laatda 800 SEMINOLE ROAD ____ _ ___ ___ ______ ATLANTIC BEACH, FLORIDA 3??33-5445 TELEPHONE (9031 ?37-5800 FAX 1903) ?17-5805 ---- ---~\~.,..~. SUNCOM 85?-5800 MEMORANDUM October 1, 1998 T0: Jim Jarboe, City Manager FROM: Don C. Ford, Building Official[~~ RE: Building Permits Report Please be advised that the following permits were issued in the month of September, 1998. TYPE PERMIT NO. PERMITS PERMIT COST VALUATION Single Family 2 6,878 346,146 Dupiex Units Townhouse Units Garage/Carport Additions/Remodels 9 1,526 152,709 Swimming Pools 1 30 15,000 Commercial 1 8,408 425,000 Fences 3 30 3,550 Utilities 5 2,655 Reroof 10 310 27,121 Siding 2 65 8,400 Signs 4 130 Sheds 1 25 Driveway 1 25 Well 1 10 TOTALS 40 20,082 977,826 MJscellaneous Permits: Electrical 39 1,387 Plumbing 47 1,483 Mechanical 27 1,218 Inspections penbnned: Building Concrete Electripl Plumbing Mechanical Misc. Oca~. Lic. 51 27 41 34 32 0 8 INFOIb1A1A0N COYPi cn BYPAT IMAlOS- BUlONO DEPAR7YEM ..- Agenda Item No. Date: - 0 -13 - $ CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT STAFF REPORT AGENDA ITEM: Building Permits Report September 1998 SUBMITTED BY: Don C. Ford, Building Official~`1( DATE: October 2, 1998 The following is a comparison report of Building Pennits for New Single Family, Duplexes, Townhomes, Remodeling/Additions and New Commercial for years to date for September 1997 and September 1998: Year to Date September 1997 TYPE PERMIT NO. PERMITS CONSTRUCTION VALUATION Single Family Duplex Residences Townhomes Remodeling/Additions Commercial Total Inspections: Total 1828 New Single Family Duplex Residences Townhomes RemodelinglAdditions New Commercial Total Inspections: Total 1488 67 S 5,411,505 14 855,864 5 362,835 143 1,527,433 8 459,501 237 = 8,817,138 Year to Date September 1998 28 S 2,526,173 8 785,852 6 547,130 155 3,848,139 12 1,489,490 207 S 9,196,784 RECOMMENDATION: ATTACHMENTS: Building Permit Report for September 1998 REVIEWED BY CITY r~~ • ., u 1 Jqw +P O ~O W JnN \2' lPW I JOJI - V I JI I q < I `21 OI ~ r r I Otil \<I iPdl - OI VI -LUl -ppl .¢ I WYI zl sOill rFl W ¢ I <I s a W I ¢ O I +O I LL ¢ I J OI d )< ~q JI Z N I .<NI 1 J ~ I ' ~ J I <OI I ~. r 1 O < I 6 I - a O I .rpl r I V d 1 1 1 N h 1 I ~ n O I I N S T T 1 I n • N V n n ~ i N S n N d n t W N N N N V N • J q n n I I I n < n : I. 1 I 0 ~ V I ~ ~ • 'I ~ ~ I I W W F I 1 I O • v K • q J J Z 6 < • _ 1 1 W W Z f S y • i J V V V < v Y n• f < < 1 1 N N < < W J < W F Z 2 p < < 6 0 W q 1 I r r u q m y J J < J < Y Y 1 I 1 I 1- r M \ n u Y Y \ O .I 1 I O F N N • N u < i N Z w q 6 2 2 Z W O W 2 N • i O < t I I N •n O VN< l~'p VH< YP< 1 I y M •' O qJ J¢ ONJ W~p 'O< Pd •p f. 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Current Workload (5%) -- include firm and individual workloads. 6. Financial Information (5%) -- include last two years certified financial statements, audit summary and can ent certificate of insurance. B. The City Staff and SRC will review all RFP's and furnish the City Commission with their evaluations. The City Commission will select the firms to be invited to make formal presentations to the City Commission. C. The City Commission will select the firm to perform the work. D. Iv'egotiation of fees will commence once the Commission has made its selection and be accomplished by the City Staff. E. Once the City Commission approves the fees and the contract instrument and the contract instrument is executed, the Notice to Proceed will be issued and all work specified will commence. ... ..: ~,a;.. 5. N+90 days: Present five (5) sets of plans, to include calculations, bill of materials, specifications; cost estimate, and construction schedule to the City Commission for approval (90% design review). 6. N+100 days: Submit Permit applications to COE and SJRWMD. Notify the Duval County Public Health Department and City of Jacksonville Regulatory and Environmental Service Division to discuss any modifications to the plans that would necessitate a re-submittal of the potable water and sanitary sewer permit applications. Prepare and submit the Florida Department of Transportation and State roadway utility and access permit applications. 7. N+160 days: COE, SJRWMD, and all other necessary permits received.e 8. N+180 days: Submit ten (10) sets of final plans and specifications (100% design). 9. N+190 days: Have plans and specifications ready for and begin assisting City in the bidding phase. 10. N+240 days: Best prequalified low bidder selected. V. SELECTION PROCESS: A. Each firm must submit three (3) copies of their proposal to Robert S. Kosoy, P.E., Director of Public Works, 1200 Sandpiper Lane, Atlantic Beach, FL 32233, not later than 4:30 pm, (INSERT DATE HERE), 1998. Firms responding to this RFP should include detailed information in support of the following selection criteria - 1. Staff Competence (rating weight - 20%) -- include detailed resumes. 2. Similar Project Experience (30 %) -- emphasis on creativity in finding solutions to difficult stormwater management challenges to include familiarity with such techniques as baffle boxes, sand traps, and swirl concentrators. Documented experience in retrofitting older communities to provide the desired level of service and meet current regulatory standards while maintaining their character will be given the greatest credit. 3. References (10%) -- include telephone numbers. 4. Project Approach (30%) -- include outline for accomplishing specific tasks along with any recommended improvements and/or deviations in the time frame outlined in IV. L. above, "Milestones/Deliverables"'. sRegulatory agencies are not required to permit projects in accordance with the schedule of the City. Every effort must be made to include [he permitting agencies in the process in a meaningful way as early as possible to increase the probability that the permits will be issued in a timely manner. If permits are not received as scheduled, adjustments in the firm's schedule will be necessary. approve the work. All appropriate agencies must be included right from the start of this effort in concept development to ensure effective coordination. The selected firm shall be responsible for obtaining the Environmental Resource Permit (ERP) if required. H. For consistency and continuity, the selected firm must establish a dedicated design team and members of this team must represent the firm at all briefings and meetings. This team is referred to as "appropriate staff' during the conduct of the requested work. Public input is essential for the success of this project. The City may request comments, written and/or oral, from the public at any time it deems appropriate. Per footnote 1, separate RFPs will be issued to address Upstream Management and Tailwater Control. Any actual/possible conflicts identified by the selected firm must be resolved or brought to the City for appropriate action. K. The standard for all designs drawings will be AutoCAD R14. L. Milestones/Deliverables' -from the day (N Day) the notice to proceed (NTP) is issued, the following tasks will be completed within the days specified: 1. N+30 days: Present concept(s), to include sketches and computer aided design drawings using AutoCAD R14 and estimated construction costs, to accomplish the services requested in paragraph III. above to the City for approval. Clearly layout the benefits and construction costs and other appropriate information of each to facilitate decision-making. 2. N+40 days: Meet with US Army Corps of Engineers (COE) and the St. Johns River Water Management District (SJRWMD) to begin permitting process. City representatives shall participate. 3. N+60 days: Present five (5) sets of preliminary plans, to include calculations, bill of materials, cost estimate, and construction schedule to the City Commission for approval (30% design review). 4. N+75 days: Present five (5) sets of plans, to include calculations, bill of materials, specifications, cost estimate, and construction schedule to the City Commission for approval (60% design review). Each milestone/deliverable requires written acceptance of work by the City Commission before proceeding to the next phase. 6 IV. COORDINATING INSTRUCTION /INFO ATION• A. The City's single point of contact for all dialogue and/or questions with regard to this RFP is Robert S. Kosoy, P.E., Director of Public Works, 904-247-5834, or any other representative(s) that the City Manager designates. B. Questions arising during the RFP process requiring significant changes in the RFP shall be answered by written addendum. Changes to the design contract shall be amended by change order. C. One of the functions of the Stormwater Review Committee (SRC) is to ensure effective public input into the decisions and planning of the City's Stormwater Management Project. It is important that the SRC be permitted to review and make comment on items to be submitted to the Commission for decision. At a minimum, the 30%, 60% and SO% designs will be specifically reviewed by the SRC. Other key milestones should be offered to the SRC for coordination, review and comment. The SRC and City staff will formulate recommendations for the Commission at each decision point. D. The ETM design with all supporting documentation is available through the Director of Public Works. (See Attachment A). E. Field information needed for the redesign is available. The City Director of Public Works is the repository for maps, surveys, and supporting information. No additional information collected will duplicate that which already exists. F. Under a separate, but related RFP, the City is attempting to control the elevation of tidal water during major events to a maximum elevation of 3.5 feet (msl). It is expected that by controlling the downstream elevation to this level, the current ETM design will handle a storm much greater than the original design of a two (2) year storm. This should be accounted for in the design of any alternative concepts or components. To provide the City with a better evaluation of the improvement in storm design, the selected firm should furnish the City with a computer analysis of the design using a 5-year, 10-year, 25-year, and 100-year storm as recommended by FEMA. G. The redesign must be permittable by the St. Johns Water Management District (SJRWMD), the Corps of Engineers (COE), and any other agency which must 1. Evaluate the impact of the project on trees in and outside of the project right-of--way, to include the effects of lowering the water table, root removal, and other construction impacts. 2. Recommend ways to decrease the number of trees requiring removal. 3. Once evaluation is complete, recommend ways to reduce the impact of the project on trees outside of the project right-of--way and provide a mitigation plan for any permanent and long-term damage (up to five years after project completion) resulting from construction. If advisable, mitigation plan should include vegetation replacement for those plants that will experience long-term, irreparable harm. 4. Recommend controls on and techniques of construction that will serve to protect all vegetation from the effects of the work. E. Assess the feasibility and advisability of providing for underground utilities in conjunction with this constmction project, to include electrical, natural gas, TV, and/or telephone lines/cables. If selected for inclusion by the City, incorporate the component(s) into the design. F. Collect field data (surveys, soil samples, etc.) to the extent necessary to complete the tasks in paragraphs III. A., B., C., D., and E. G. Prepare a complete set of plans, BOM, specifications, cost estimate, schedule, and any other items which will be used to bid and construct the project by incorporating the modifications requested above into the ETM plans and supporting work products. H. Support the City during the bidding phase of the Core City stormwater collection project. Tasks include: 1. Prepare plans, bill of materials, specifications, etc. for the bidding phase to be sold to the bidders through the City Purchasing Department. 2. Assist City during pre-bid meeting to include providing technical explanations and answering questions. 3. Prepare bid addenda as appropriate. 4. Evaluate all bids, prepare bid tabulation, and submit comments, as appropriate. 5. As directed by the City, attend up to twenty (20) additional meetings with appropriate staff a Payment will be made only for meetings attended. 6Regarding "appropriate staff', see item IV.H below. 4 2. Provide plans, bill of materials, specifications, cost estimate and schedule for the replacement of the Preben Johansen Park stormwater treatment component of the ETM design with upstream baffle boxes, sand traps, swirl concentrators, holding basins, dry retention or other concept that adequately accommodate design flows and meet the requirements of stormwater treatment as necessary. Evaluate the existing treatment benefits of open, undeveloped and/or preserved areas of park lands and other public lands, including but not limited to Howell and Preben Johansen Park. Prepare a decision briefing for City on the feasibility of leaving these areas undisturbed to provide natural stormwater treatment and retain the present character of these azeas. C. Perform selective value engineerings with the goal of assuring the City realizes a cost effective stotmwater treatment collection system while not sacrificing the permitability of any component. The firm is free to bring any ideas to the City that it believes can result in significant savings while maintaining the system effectiveness. Although not limiting, the frm will specifically address the following- I. Evaluate curb and gutter in the current ETM design including a cost and benefit analysis, taking into account traffic considerations and other roadway design altematives. 2. Reducing the number of conflict manholes. 3. Preserving to the greatest extent practicable recently installed water mains on 1", 3rd, 8th, 9th and 11th streets as well as other water mains that are serviceable and meet the requirements of the Departrnent of Health. 4. Re-calculate drainage pipe size requirements in the Core City to reflect any benefits of tailwater and tide control design. 5. Increasing the capacity of the east-west streets to transport surface flows in a way that increases the design flow for which the system provides protection. D. With regard to trees, recommend design alternatives that maximize the preservation of the existing natural vegetation and tree canopy of the Core City. Specifically: SIn an effort to save money and time in the redesign process, selective value engineering implies looking only at the project componenu specified. If there are cleazly other modifications that will save significant resources, they should be brought to the City for its consideration and approval before making any changes. [II. SERVICES REOUEST~p: In providing the following services, the selected firm ' must place special emphasis on upholding the character of the Core City, with emphasis on the environment and aesthetics, and ensuring cost effectiveness. This character is defined as apedestrian-friendly, environmentally "green" central village in which the streets, parks, beachfront, and Town Center area form the social hub of the community. Specific elements of the Core City to be preserved are: (1) Existing narrow village streets and lanes which reflect the traditional coastal-community town ambiance of Atlantic BeachZ, (2) Pedestrian friendly sidewalks, paths, and streets of a recreational nature, which are currently heavily used by residents of the City to walk or bicycle to their destinations, (3) Existing tree canopy and native vegetation that currently provides both aesthetic and environmental benefits to the City, (4) Existing parks and recreational areas, and (5) Areas of historical significance. A. Assist the City in creating understanding and building consensus among its citizens by working hand-in-hand with the City's Stormwater Review Committee (SRC).' The selected firm must, as a minimum, conduct public 30%, 60%, and 90% design reviews. B. In order to avoid or, at leasi, minimize the impact to existing natural areas: 1. Provide plans, bill of materials (BOM), specifications, cost estimate, and construction schedule for the replacement of the Howell Park stotmwater treatment component of the ETM design with upstream baffle boxes, sand traps, swirl concentrators, holding basins, dry detention, or other concepts that adequately accommodate design flows and meet the requirements of stotmwater treatment as necessary.° Included in this task is the re- engineering and redesign of the conveyance structures and entry points into Selva Lagoon and/or Howell Park. ZSpecifically, it has been concluded that the majority of the residents want to avoid altering the existing Core City to that of the vehicular-friendly, artificially-landscaped, highly manicured, and other typical characteristics of planned unit developments designed in the 1980's and 1990's. The Stormwater Review Committee (SRC) brings together the different interests and expertise of the community to assist the City in planning for effective and efficient stormwater management. °If, in the early stages of concept development, the St. Iohns River Water Management District agrees that improved upstream management of s[ormwater such as grassy swales, expanded maintenance, appropriate ordinances, etc. can preclude or reduce the downstream treatment requirements, this approach must be brought to the attention of and should be seriously considered by the City. 2 Revised 10/8/98 REQUEST FOR PROPOSALS (RFP) PROFESSIONAL ENGINEERING SERVICES DESIGN MODIFICATION CORE CITY UTILITY IMPROVEMENTS STORMWATER COLLECTION (R Day), 1998 I. PURPOSE: The City of Atlantic Beach, henceforth known as the City, is soliciting for proposals from professional engineering firms to modify its current design for a new stormwater collection system in the Core City, provide value engineering on selected components of the design as specified, and assist the City during the bidding phase for selecting a firm to construct the system. II. BACKGROUND: In 1991, the Environmental Protection Agency (EPA) mandated that the City develop a plan for stormwater management. In response to this mandate, along with a growing outcry by citizens regarding an increased frequency and magnitude of flooding, the City commissioned CH2M Hill to develop a Stormwater Master Plan. Once the Stormwater Master Plan was completed in 1995, the city contracted with England, Thims, & Miller, Inc. (ETM) to, among other tasks, design a stotmwater collection system for the Core City. This work was completed in January of 1998. Subsequent to this, it became clear that there was a strong interest among the citizens that more be done to uphold the character of the Core City with emphasis on minimizing the impact of the project on the environment and aesthetics of the community. In addition, many citizens wanted morc scrutiny on cost effectiveness. Afrer a thorough review, on May 12, 1998 the City decided to modify the design to minimize the impact of construction and operation on both Howell and Preben Johansen Parks and attempt to reduce the cost of construction by performing value engineering on specific components of the project. It is also important to note that the City decided to include Upstream Management and Tailwater Control as two additional components of an effective Stormwater Management Plan via additional, separate RFP's.' The City agreed than an effective Stormwater Management Plan includes three components - Upstream Management and Tailwater Control in addition to Stormwater Collection. The Commission directed Staff to prepare RFP(s) to ensure that the Upstream Management and Tailwater Control were adequately addressed and each component will have a separate 1tFP. The firm chosen to modify the stonnwater collection system must ensure coordination with these other two components. 5. Current Workload (5%) -include firm and individual workloads. 6. Financial Information (5%) -include last two years certified financial statements, audit summary and current certificate of insurance. B. The City staff and SRC will review all RFP's and furnish the Commission with their evaluation of the firms. The City Commission will select the firms to be invited to make formal presentations to the Commission. C. City Commission will select the firm to perform the work. D. Negotiation of fees will commence once the Commission has made its selection and be accomplished by the City Staff. E. Once the City Commission approves the fees and the contract instrument and the contract iustruu~ent is executed, the Notice to Proceed will be is5~eu and all work specified will commence. 3. N+60 days: Present five (5) sets of preliminary plans, to include calculations, bill of materials, specifications, cost estimate, and construction schedule to the City Commission for approval (30% design review). 4. N+75 days: Present five (5) sets of preliminary plans, to include calculations, bill of materials, specifications, cost estimate, and construction schedule to the City Commission for approval (60% design review). 5. N+90 days: Present five (5) sets of plans, to include calculations, bill of materials, specifications, cost estimate, and construction schedule to the City Commission for approval (90% design review). 6. N+100 days: Submit permit applications to COE and SJRWMD. Prepare and submit the Florida Department of Transportation and State roadway utility and access permit applications, if required. 7. N+160 days: COE, SJRW!~?D, and all other necessary permits received. 8. N+180 days: Submit ten (10) sets of final plans and specifications (100% design). 9. N+190 days: Have plans and specifications ready for and begin assisting City in the bidding phase. 0. N+240 days: Best prequalified low bidder selected. V. SELECTION PROCESS: A. Each firm must submit three (3) copies of their proposal to Mr. Robert S. Kosoy, P.E., Director of Public Works, 1200 Sandpiper Lane, Atlantic Beach, FL 32233, not later than 4:30 pm, (INSERT DATE HERE), 1998. Firms responding to this RFP should include detailed information in support of the following selection criteria: 1. Staff Competence (rating weight 20%)-- include detailed resumes. 2. Similar Project Experience (30%) -emphasis on creativity in finding solutions to difficult tidewater control challenges. Documented experience in designing tide control systems for older communities to provide the desired level of service and meet current regulatory standards will be given the greatest credit. 3. References (1 G%) -include telephone numbers. 4. Project Approach (30%') -include outline for accomplishing specific tasks along with any recommended improvements and/or deviations in the time frame outlined in IV.L. above, "Milestones/ Deliverables". (ETM) "Core City Utility Improvements and Stormwater Collection" design. The firm chosen to design the "Tailwater Control System" must ensure that interfaces with these other two efforts are adequately considered. G. The Engineer will be responsible for obtaining a permit for the Tailwater Control System from the St. Johns River Water Management District (SJRWMD), the Corps of Engineers (COE), the Florida Department of Trai,sportation (FDOT), and any other agency which must approve the work. It is important that all appropriate agencies be included right from the start of this design effort to ensure effective coordination. H. For consistency and continuity, the selected firm must establish a dedicated design team and members of this team must represent the firm at all briefings and meetings. This team is referred to as "appropriate staff' during the conduct of the requested work. I. Public input is essential for the success of this project. The City may request comments, written and/or oral, from the public at any time it deems appropriate. Per item IV.F., above, separate RFPs will be issued to address Upstream Management and the Core City Utility Improvements and Stormwater Collection system. Any actuaUpossible conflicts identified by the selected firm must be resolved or brought to the City for appropriate action. K. The standard for all design drawings will be Auto CAD R14. L. Milestones/Deliverables -from the day (N Day) the notice to proceed (NTP) is issued, the following tasks will be completed within the days specified: 1. N+30 days: Present concept(s), to include sketches and computer aided design drawings utilizing Auto CAD R14 and estimated construction costs, to accomplish the services requested in paragraph III. above to the City for approval. Clearly layout the benefits and construction costs and other appropriate information of each to facilitate decision-making. 2. N+40 days: Meet with US Army Corps of Engineers (COE) and the St Johns Kiver Water Management District (SJRWMD) to begin permitting process. City representatives shall participate. 1. Prepare plans, bill of materials, specifications, etc. for the bidding phase to be sold to the bidders through the City Purchasing Department. 2. Assist City during pre-bid meeting for construction to include providing technical explanations and answering questions. 3. Prepare bid addenda as appropriate. 4. Evaluate all bids, prepare bid tabulation, and submit comments as appropriate. 5. As directed by the City, attend additional meetings with appropriate staff. Payment will be made only for meetings attended. IV. COORDINATING INSTRUCTIONS/INFORMATION: A. The City's single point of contact for all dialogue and/or questions with regard to the RFP is Mr. Robert S. Kosoy, P.E., Director of Public Works, (904) 247-5834, or any other representative(s) that the City Manager designates. B. Questions arising during the RFP process requiring significant changes in the RFP shall be answered by written addendum. Changes to the design contract shall be amended by change order. C. One of the functions of the Stormwater Review Committee (SRC) is to ensure effective public input into the decisions and planning of the City's Stormwater Management Project. It is important that the SRC be permitted to review and make comment on items to be submitted to the Commission for decision. At a minimum, the 30%, 60%, and 90% designs will be specifically reviewed by the SRC. Other key milestones should be offered to the SRC for coordination, review and comment. The SRC and City staff will formulate recommendations for the Commission at each decision point. D. The ETM design with all supporting documentation is available through the Director of Public Works. (See Attachment A). E. Limited field information needed for the design is available. The City Director of Public Works is the repository for maps, surveys, and supporting information. No additional information collected will duplicate that which already exists. F. Under a separate initiative, the City is pursuing separate projects to develop an "Upstream Management System" and modify the England Thims and Miller 1. Control the tidal flow and restrictions in the Selva Marina Lagoon drainage system, beginning from Plaza Street (near City Hall), north to the Puckett Creek culvert on State Road AlA (near the Village of Mayport). The reason for selecting the location(s) for the control structure(s) will be detailed in the Report. The preliminary report must include a plan to illustrate the intermittent stortrtwater release between the high and low tides during a major storm. 2. Identify and evaluate the site(s) and/or necessary parameters for the design of a stormwater pumping station or stations at various locations. The pumping station, in conjunction with the control structure, must be able to hold the elevation of tidal water at the Selva Marina Lagoon to a maximum of 3.5' MSL and a minimum of 2.5' MSL. 3. Identify property areas (upstream and downstream) which may be adversely affected by the Tidewater Control Facility and develop a plan to resolve any negative impacts. Develop a plan to alleviate possible concerns of residents along the drainage system identifying the benefits of the control facility and assist the City in the coordination of the plan. 4. Develop preliminary details and estimated cost for each component of the design, including pumps, motors, generators, inlet and discharge pipe sizes and other features to handle drainage from 5, 10, 25 and 100 year storms. The design will include a telemetry observation system. 5. Look for opportunities for improving stormwater discharge first in existing creeks and/or channels within City limits and develop possible recommendations for the City to take to DOT, JTA and the City of Jacksonville for outfall improvements which would improve tidal and discharge flow from Atlantic Beach. B. Develop a "Stormwater Release Plan" with automated features, if possible, to operate the Tide Control System and maximize the release of stormwater drainage and minimize the impact of the system on both downstream and upstream areas. C. Prepare a complete set of plans, bill of materials, specifications, cost estimate, schedule, and any other items which will be used to bid and construct the Tailwater Control Facility. D. Support the City during the bidding phase of the Tailwater Control Facility. Tasks include: Revised: 10/8/98 REQUEST FOR PROPOSALS (RFP) PROFESSIONAL ENGINEERING SERVICES DESIGN OF TIDAL AND FLOOD-CONTROL STRUCTURES FOR TAILWATER CONTROL FOR THE CITY OF ATLANTIC BEACH PURPOSE: The City of Atlantic Beach, henceforth known as the City, is soliciting for proposals from professional engineering firms to design a Tailwater Control System for the City and to assist the City during the bidding phase with selecting a firm to construct the Tailwater Control System. II. BACKGROUND: The City is in the process of developing a comprehensive stormwater management plan. This plan involves three phases of design: Upstream Management, Core City Utility Improvements, and Tailwater Control. These programs are integral to each other and should be reviewed as a comprehensive system for stormwater control for the entire City. lnformation concerning the Upstream Stormwater Management and Core City Utility Improvements RFPs may be obtained from Mr. Robert S. Kosoy at (904)247-5843. III. SERVICES REQUESTED. In providing the following services the selected firm must place special emphasis on cost effectiveness and ensure the protection of property from flooding, both upstream and downstream of any proposed control structure. The Tailwater Control System should be based on the premise that the provision of an effective level of control of the impact of extreme tides and unusual high water levels on the City's stormwater drainage system will greatly enhance the performance of the entire drainage system and offer benefits in both cost and performance. A. Evaluate all existing information concerning the flood and tide levels at the Selva Marina Lagoon, Puckett Creek, Sherman Creek, the Intracoastal Waterway, St. Johns River and other water bodies or drainage systems that affect or restrict the drainage of the northern and core city portions of Atlantic Beach into the Selva Marina Lagoon and develop a Preliminary Design Report that clearly describes design details to include: ~~~ ice. z-. ~~ 8 A .e ~F - CITY OF ~'1tlactlc a'eaelc - '~Cauda ~~~ October 8, 1998 To: The Honorable Mayor and City Commissioners From: Lyman T. Fletcher, Chairman ~~~ Stormwater Review Committee Subject: Submittal of final Stormwater RFP's 800 SEAIINOLE ROAD ATLANTIC BEACH. FLORIDA 3?2J3-5445 TELEPHONE (904) 247-5800 FAX (9041 247-5805 SUNCOhf 85'_-5800 The Stormwater Review Committee is pleased to submit for your review and approval, the final Requests for Proposals for the Core City Stormwater Improvements and Tidal and Flood Control Structures for Tailwater Control. ~ ~ ALAN C. JEKSEN ATTACHMENT C Attorne)tatIaw -SEPTEMBER 28, 1998 COMMISSION MEETING 935 North Tlurd Street Past Office Bo: 50437 JscksouvIDe ItearL, FbrWa 321A0~0459 Telephone (90d) 2462500 Ft~alle t944) 24699ti0 M~IORANDiIM TO: Maureen King, City Clerk COMPANY: City of Atlantic Beach FROM: Alan C. Jensen, City Attorney RE: Long Term Rental Contracts For public Facilities Standazd Insurance Clause For Liability and Hold Harmless DATE: September 24, 1998 The following language is suggested to be included in the long term rental contracts for public facilities as a requirement for standazd insurance and hold harmless language, as requested by the Commission at the September 14 meeting: " (name of organization) ogres=s to indemnify and hold hazmless the City of Atlantic Beach from any and all liability, defense costs, including other fees, loss or damage which the City of Atlantic Beach may suffer as a result of claims, demands, costs or judgments against it, arising from all activities engaged in by (name of organization) in its use of the following public facility: In addition, (name of organization) agrees to provide to the City of Atlantic Beach a certificate of insurance naming the City of Atlantic Beach as an additional insured in an amount of not less than the maximum exposure of the City of Atlantic Beach." :sky HP ~celet Fu Log Report for Personal Printer/Fu/Copier City Atlantic Beach 904 247 5805 ' Sep-29-98 01:52 PM Identi6alion eau t j'~qg 1'ypf I~ilf Time Duration gj 92491501 OK 07 Sent Sep29 01:47P 00:05:42 002085230020 What do you like least about working at your facility? • The way the department is treated by all uppec management. • Lack of pay and benefits. • The :nstabiliry and non competitive pay with poor benefits. • Pay scale and benefits • Direction of Department. • The pay, benefits, and lack of cazeer ladder • Lack of management's confidence in personnel professionalism. This maybe due to lack of education of management about this job. • Uncertain future. • Poor pay scale (compazed to others in profession). • Poor benefits for families. • No cazeer opportunity. • I feel we aze always "butting heads" with the city. • I wish the citizens of the city were better educated about what we do. This is a professional cazeer choice and not a part time job. They view us as sitting azound and eating and watching television. They do not see us when we put our lives on the line. I feel the city doesn't appreciate us. • Lack of understanding of citizens in relation to our cazeer as professional firefighters. • Administrator's lack of understanding of our profession. • Pay and benefits -city council has no clue!! • The fact that I feel the recipients of the city aze not awaze of what we do as professionals. • I feel we are not looked upon as highly trained and educated professionals. • No upward mobility. • The way the department is treated by all upper management. • Instability. • Directior. of departrnent. • Lack of cazeer ladder. -What do you like best about working at your facility? • I enjoy being a firefighter. • I enjoy the location. • The job. • Location and the job. • I love my job (what I do for a living, not where I work). • People I work with (shift members). • Quality of quarters. • Location (close to home). • I love being a fireman. • I really enjoy the teamwork and the `Brotherhood" we share. • Our station and apparatus aze among the nicest around. • The location (azea of town) is nice. • I enjoy working with my fellow shift members. • The quality of the station and equipment. • The location of the station. • The group I work with aze knowledgeable and very friendly. • The fire station is nice, equipment is nice (except for SCBA'S). • Commute is short. • The other shift members I work with. • Close to home. 0 0 0 0 0 0 0 0 0 0 00 Immediate Supervisor Upper Management Benefits Salary Folrness Equity Troining/Equipment Logistics/Safety Peer Group Morale w/in Group Coresr Advancemenl Poperwork APPropriate Oific lal Notice V5. Grapevine m w w m . Q ,o I P A I 0 w I N ~ , ~ 2 O O O ro ~ ~ O ry _ L h ~ ~ J O D ~ t0 O b m ~ m b b T_ m m D ~--I m Z r~ C m What do you like least about working at your facility? x'"~ p J ~ 9 - ci _ -. ~- X ci p m ~^ to C %y~ A_ Z~ ~ ~ N_ / G t J Q 37 A tdendy abrwsphere axis's behvaan employees and uppgrmanagement ; 37 , SA= =A= N¢ =D= Sa 36 Your woM gives you the opportunity to use your skills ~ 38 SA= =a= NC =D= Sa 3o You teal your ideas about how to improve your facility are listened to i 39 : 5i =A= NC =0- sa E O The infomatlon tram this survey will ba used to make ycur facility a better place to work ~ " 0 SS = a : NC = D = SC ~1 Staff size is adequate to cover during vacations and illnesses . 41 SA= =a= NC =D= 5a 4 2 Your co-workers do Neir share of the work $ 2 S:: =A+ NC =D= Sa C 3 When you nave a problem at work you can gat it solved 4 3 S:c =A= NC = D= SD= 4 ~ You are paid faidy for Ne wodc you do - 4 a -a: _,. = VC = C = Sa 4 j Your immediate supervisor lets you know urban you co a goof job _ +~ Sti =..= NC =D= 56 q 6 You would Tamar work in another department ~ 5 Si = A = NC = D = 5a k 7 You have me opportunity to yve input to decisions mat aYact your pb d 7 ~ Sar = A = NC = D = Sa q 8 Overall, your benefits meet the Heads of you and your `army . - ---- $ 3 S:= = A = Na = C = Sa q o Upper management does a good job of drecting the overall tunecions of your facility d ° Sx =A= NC =D= Su jp Sometimes your immediate supervisor expects you tc do a job without giving you enough inlortnation 50 Sa= -.. VG =D= Sa j i You are paid fairy compared to persons doing similar wcrk e(sawneta in your eommurury 5 i Sti = A = NC = C = SG 52 The t2ining programs your Iaciliry sponsors are adequa;a to keep you up•todate in your field 52 Sa= = a: NG = D= Sa 53 You are well inicrmed about Ere. safety, and t35as[er procedures 53 Sa= =A= NC =D= Sa 5 < Compared to similar insticaons in tea community, our reputation is a goad one 5 = S:: = A = NC = D = Sa 55 There is too much waste at supplies and materials jj SA= =A : NG =D = Sa 5' Doing good work makes ycu feel assured of job secu.'.y ~ 56 Sti =A = NC = D= Sa or Male employees era not shown favcrsm i 5i Ste =a= NC =D= Sa a6 Promoticns era granted onafair basis ~ 58 Sa= =A= NC =D= So= b5 Your immediate supervisorpmoedy anlomas work .•las 59 5J4 =A= NG =D= SQ 60 you feel you never have a^.y say in what goes on in your laciEry ' 60 ~ SA= = A = NC = D = SD: 6 i You are making me progress you desire in your career j 61 ~ , Sa= =A= NC c D= 6a 62 Your department communicates waE wim other deparnents in your tadGry i ; 62 Sa= =A: NC =D~ 5R 65 You teal your work unit is impor2nt in the ayes of your tacitly administration 163 i i Sh =A= NC =D~ 6D= 64 The number of paid varauon CayS is adequate ~ ij Q SA= : a = Na =D= Sa 65 Management is interested in me welfare of employees bj S0. -„- NC - D- 'Sa 66 The space to perform your duties is adequate ' 66 sa: _., _ Nc =D = sa D7 Employees of all races and natwnal origins aro treated equalry ~ 67 5lc ~,.. NC . D - Sa 68 You are confitlent your inGvidual answers will not be identified in mis whey ~ 68 ~ Si =A= Na =D= ;iS 65 Your pay increases have Doan as much as you axpac[etl ~ 8g sa =... Nc - D = sa ]p You ws; wna; managamen; tells you ~ 70 sA: =a = Na : D= sm 77 TTis survey is a gootl way to let mana^yemen[ know what you think ~ 71 ~ S0. = a : NG -- D . SD; 72 Your work group makes newwmers feel at Home - 72 Sa- =a= NC -..= Sa 73 You usually hoar about impo2nt tttaturs first QtNUgh me gapevine 73 SA= _.. = NC = 0 = Sa 7 4 Overall. you nave a good understanduy of your facility's personnel po(idea 174 Sti = a = Na = D = SQ i ise .n.: rsnn o.^ ~ • ERASE CLANLY TO GMANGE • MAKE HEAVY DARK MAFK~ • MAKE NG STRAY MARKS • EXAMPL: SA: •r• NC =D= SID 1 Tha memtzers of your work group fa Lncir jobs wall 2 When goals are sac m you: lacdiry, tray can De mat 3 It is sate to say what you think hen 4 Your immeoiare supervisor maintains high work starldarJS ~ Necessary wpplies era always ir..madwtety available 6 Communication is goof among s.`.i`s 7 Tha members of your work group penorm wall as a team 6 Rules on accndance and ardinosz tiro enicr_ed 9 Your immediate supervisor emphasizes team goals 10 Your taciiiry pncDces equality in iaa oppcruniry 11 Your pertomance is juogad as piny zs passible 12 You understand your faciiitys cnzin of command 13 Your immediate supervisor has coed leadership ability 14 3enents zre as imporan; as pay 15 Upper management is invaivad in e.~ployees doncems 16 The wont environment is a sale o:zaa ;7 Your depar^tent is acequaroly su:`etl 18 Your immadiaro suparvisar is tnendy a^r :asy to approach 19 Your immediate supervise: makes pcnonnance requirements clear 20 The wc~ss at you: fadiiy is imps rant tc yeti 27 Your immediate supervisn: tikes zccon on camplairs 22 You unoers:and how you: perfor-zoos is judged 23 Your job involves too roue.^. unnacesvry paperwork 24 You underrand the rules on ararcance and absenteeism 26 Mos: people m you: wort, croup as saus'ac win Neir jobs 26 Your job allows you to aevelop new skills 27 TM Metlica! Plan mess ~e oasts of you and your tarnily 28 Your immediate supervise: pays z-:n7on to what you say 29 You know exactly who; is expeCec o' you in your wont 30 When appmpnate. employees arc promoted from widen 31 You teal your facility is imerasted m your Wreer tlevelopmmt 32 Work is d:s:nbutad fainy among er.,eloyees in your work unit 33 Nanagemen: taros if polities are tarried ou; tlown the line ~ d The Gay for better jobs m your lac~iry is an incentive 3J Given your ~yning and aspenencc. you era fairly paid 36 You Iwl your imme~raro superrser harW!as probiamz fairly T J ~~ ... i"C.1 G .Y ~ K ^I .. .. ` ~ ~ F =z' ~' ~~ ~ vac ; Sf~ =A= NC =D= 5R 2 5C .A= NC =D= SC 3 Ste =A= NC =D: 56 5:= =A= NC =D= S¢ 5 SA= =A= NC =..= SC 6 St =A= NC =C= SC 7 SA= =A= NC :D= 5C 'c SA: =A= NC -C= SC Sti =A= NC =D= SC ~ . '0 SS =A= NC =D= SC ;; Sti =A= NC =D= SC 12 5.:= =A- NC :D= SC 13 S:~ =A= NC =..= SC ,d S:: =A= NC =D= 56 1j SA= =A= NC =D= 5.2 16 S:: =A= NG =D= 5C ii 5A: =A= NG =D= 5C ;6 SA= =A= NC :D: SC ?? SA= =A= NC =D= SC yp 5t: =A= NG =D= 5C 2; SA- =A= NC =D= 5C 22 5i~ =A- N^. =D= SC 23 5rL- =A= NG =D= SC 24 5A' =A= NC =D= 5C 25 Sic =A= NC =D= 5D= 26 5:.- =A- NC cLc SC .-... - 2i Sl =A= NC =D= SC - ?c 5:= .A= NC :D= 5C . 2c Sic =A= NC =D= SC 3U S:= =Ac NC =D: 5B ~ - 31 5rr =A= NC =D= SR 32 5w =A= Nv^ =D= SC 33 Sir =A= NC =G= SC 31 5.:= =A= NC =D: SC 3j S:~ =A= NC =D= 5B . 36 5A: =A= Nc =D= sa Psychological ~ Associates A division ojBap[ist Medico[ Center Adminis[rative Offices • 4160 Univcrsity Boulevard, Sooth•Jacksonville, Florida 32216 904/308-2058 • FAX 904/733-9598 MEMOR:INDUM To: Atlantic Beach City Commission Fr: Michael Lanier, M.A. ~~-'"(~~~ ,vV Dt: September 28, 1998 Re: Atlantic Beach Fire Departrnent I want to give you a brief overview of the process I utilized to assess the opinions of the Atlantic Beach Fire Department Personnel concerning their status and future direction. As a resident of Atlantic Beach far twenty years, I have possessed a "citizen's view" of the Fire Department which has always been positive. Prior to meeting with Fire Department staff, I met with Deputy Chief David Thompson az1d also spoke with Union representative Richard Brown. I then met with the various shifrs of the Department resulting in interviews with three members of `A' shift, three members of `B' shift, and five members of `C' shift. I felt that these eleven members were a goad representative sample of the total staff of fifteen. Along with these interviews, I administered a survey of the Fire Department Personnel that was adapted from an Employee Opinion Survey utilized by Baptist/ St. Vincent's Health Care System. As the Director of Psychological Associates, adivision ofBaptist/ St. Vincent's, I was familiar with this survey and with modification, it worked well in this situation. I found all Fire Department personnel to be extremely professional and cooperative during the interviews and surveys. They seemed pleased that the council was interested in hearing their thoughts and opinions. Atlantic Beach is fortunate to have such an impressive group of professional fire fighting personnel. They are very dedicated to their profession. The above process served to develop the information that I am now happy to present to the City Commission. I appreciate this opportunity to be of volunteer assistance to the city of Atlantic Beach. The only discrepancy I found was in regazds [.~ the ladders carried on the pumpers. The requirement in the NFPA 1901 Appendix A section A-3.7.1 scat;. [hat where there are no ladder trucks in service, pumpers should normally be equipped with a 35' extec-ion ladder instead of the minimum 24' extension ladder. >n my opinion the units you have at the statioc are mechanically sound and in good working order, as well as being well equipped to the standards of the \'FPA 1901 Automotive Fire Apparatus guide lines. If you have any further questions regarding tl matter please call me at 630-0926. ~ ~ ATTACHMENT B SEPTEMBER 28, 1998 COMMISSION MEETING FIRE AND RESCUE DEPARTMENT September 28, 1998 To: Theo Mitchelson - Cin• Commissioner Atlantic Beach ~~~ From: R.L. Ellis -Fleet Coordinator/Supeniwdl'SF/JFRD /;pC(~ ' Re: ArlmrlicBeachFireApparatus 1 waz asked to look at the apparatus at your Fin Station and submit a report with the findings on the condition of the units as well az the status of thz uniLS. Atlantic Beach has three (3) pumpers at the station which two (2) are in service all the time. The third trait is used az a resen•e unit when routine maintenance and repairs are being performed or for emergency situations that may arise. The following is a list of what waz found on these units and the condition of each. Engine 1 This unit meets all the requrements of NFPA 1901 Chapter 3 (Automotive Fire Apparatus). In addition this unit carries the follossing equipment listed in the appendix section A-3-8.2 Tool box, Monitor, Generator. Portable lighu, Rope Cord reel, Hose clamp, Foam educ[or w/foam, Crowbar, and Gated vvye The following is additional equipment carried on this trait that is requ'ued to be carried on Aerial apparatus, NFPA 1901 Chapter 6, section 6-8.1. Chain saw, Bolt cutters, Cribbing, Blankets, Slzdge hammer, Com-a-long. Engine 3 This unit meets all the requirements of NFPA 1901 Chapter 3 (Automotive Fire Apparatus). In addition this unit carries the following equipment listed in the appendix section A-3-8.2 Smoke ejector, Tool box, Monitor, Hooligan bar, Shovels, Rope, Generator, Crow bar, Hose clamp, Foam eductor w/foam, Portable lighu, and Gated w~~e. The following is additional equipment carried on this wit that is requ'ved to be carried on Aerial apparatus, NFPA 1901 Chapter 6, section 6.8.1. Hose roller, Sledge hammer, Additional rope, Harnesses, Au chisel, Bolt cutters, Ek hook "D" handle, and Extrication equipment (full set) Engine 2 This unit meets the requirements of NFPA 1901 Chapter 3 (Automotive Fire Apparatus) except for the SCBA's. This unit had only one (1) SCBA on it during my inspection. During my inspection I did a quick inventory of the equipment at the station. The extra equipment at the station is enough to outfit another unit if needed, az well az meeting some specialized needs of the community. 567 FOREST STREET • JACKSONVILLE, FLORIDA 32202 • (904) 630-0926 • FAX (904) 630-0448 Totw.l Developmeat Resources, Iac. Providing clients with innovative business solutions For the 'L 1 st G2ntury Date: 9/28/98 To: Mayor Suzanne Shaughneyssy and City Council From: Tim Richardson Subject: Proposal for Professional Services As you know from my recent letter, I would like to do some work for the city in exchange for using some space at the Adele Grange Community Center. I know that the space there is normally reserved for not-for-profit groups and I am establishing a Foundation called the Lighthouse Foundation. During the early part of my time there, the space would be used to run my speaking business and to write more books in which a percentage of the profits would be use for the foundation. I would like to help the city nm more efficiently through one of my programs on team building, customer service, leadership, or perhaps conduct a retreat.for the City Council in exchange for the use of an office. My proposal would not only add value to the quality of work done in the city, but it would also help the city save at least $3500 on training expenditures. Any questions can be directed to me at 249-0919. The following materials have been left with Jim Jarboe: a video that shows my outdoor teambuilding work that I have done with both youth and adult groups, a copy of two books of which I am co-author or contributor, and a packet of materials. Thank you for your consideration. I look forward to a mutual beneficial relationship. 363-6 Atlonti c Boulevard, Suite 201 M[M.fS A t l a n t i c Beach F L 3 2 2 3 3- 5 2 5 1 (9 0 4) 2 4 9- 0 9 1 9 • Fox (9 0 4) 2 4 9- 1 8 6 1 ~y :wf Nfp4 America O n l i n e T D R i c h • C o m p u S e r v e 7 4 4 5 3 3 6 7 5 ~ ~ _ ATTACt~tENT A SEPTE,~IBER 28, 1998 COMMISSION MEETING Total Deveiopmeat Res_ __ _ _ _, __ _ r o v i d i n g c l i e n t s with i n n o v,p t i v e business s o l u t i.ili n s for the 2 1 -s t c:e n t u r y September 14, 1998 Suzanne Shaughnepss~ Cite of Atlantic Beach SOU Seminole Atlantic Beach. FL ;223? Dear Mayor Shaughnecss~ As a full time professional speaker and ~~orkshop leader since 1988. me client list includes companies like State Famt Insurance. Blockbuster Video, AT&;T. CSa. City ofJacksomille, and The Citc of Atlantic Beach. 1 am a Certified Speaking Professional (CSP), a designation earned by Icss than IO% of the almost 4000 National Spe.•dcers Association members. I also am a published author ha~'ing written or contributed [o the follo~~ ing books: Jump Starts: Wit and Wisdom to Super Charge Your Day, Transformation Thinking. and Meditations for Road \\'arriors. M~' recent project is Notes From the Lighthouse: A Father's Letters to his Son. The reason for my letter is that I am looking for some office space in Atlantic Beach that could be used for writing books and ecenhially running a foundation 1 •dill be starting. The foundation will be a program for at risk teens to help build their self-esteem. deeelop communication skills, and learn goal-settine skills. A percentage of the proceeds from me book kill be dedicated to fund the foundation. \lbuld it be possible to discuss ~~orking out a trade-out ~~hcre 1 would do a workshop for the city or do a council retreat as 1 did in 19b ~ in cscitange for office space at the Adele Grange Communiq• Center' t work hard at getting to know my clients and know how cih government works. For several tears while f eras associated t~ ith UNF's Center for Local Government, I was the top rated trainer. Please feel free to look at me web page at w•ww.TimRichardson.com for further information. will be in touch later this week or ~ ou arc welcome [o Icace me a message a[ 249-0919. Sine, elr. ~~ t !y~ Tim Richardson cc: Jim Jarbot; Timnt~' Smith P.S. Mc new address is PO Boe 331 U27 Atlantic Beach. FL 3223? 363-6 Atlantic Boulevard, Suite 201 nrwr. A t l a n t i c B e o c h F L 3 2 2 3 3- 5 2 5 1 (904! 249-091 9 • Fax ~ 904 ~ 249.1 861 ,;, America O n l i n e T D R i c h • CompuServe 7 4 4 5 3 3 6 7 5 inutes Page -17- oratnsstoNERS M O T i O N s E C 'O N U Y E 5 N O eptem er , There being no further comments or business to come before the Commission, the meeting adjourned at 11:42 p.m. Suzanne Shaughnessy Mayor/Presiding Officer ATTEST: Maureen King, CMC City Clerk Minutes Paae -16- Commissioner Meserve Reminded the Commissioners of the Ground Breaking Ceremon}~ for the sewer system for Mayport Village on Tuesday, September 29, 1998 at 10:00 a.m. across from the offices of the Mayport Waterfront Partnership. Commissioner Borno Stated an October date for the proposed social could not be worked out and it was now tentatively scheduled for November 5, 998. He stated he would provide details later. Commissioner Beaver Stated he had received information conceming the city's pension plan investments and the actual retums were 16%. He further reported that the returns had not been reduced over the year s as perceived by Mr. Marchioli. Mayor Shaughnessy Commented conceming the 10th Street parking that the majority of residents favored a lease arrangement, but did not like the proposed cost. She felt a professional appraisal should be conducted and the value of the property divided by 10 (number of residents) to arrive at a fair lease price. Commissioner Beaver stated he really favored the sticker program since it seemed to work before. Set a Special Called Meeting for 5:30 p.m. October 12, 1998 to review the Stormwater Review Committee's proposed RFP's. GMMISSIONERS M O T I O N S E C. O N ll Y E S N O Minutes Page -15- 1998. Commissioner Borno expressed concern for traffic during construction on the heavily used road. Public Works Director Kosoy stated the city would work with pruperty owners and advised construction would take approximately four months. There was no further discussion and the motion carried unanimously. D. Authorize the Mayor to Send a Letter to the JTA Requesting Clarification That There Are No Plans to Reconstruct the Existing Overpass at Mayport Road and Atlantic Boulevard Mayor Shaughnessy stated that discussion concerning this matter had occurred during the previous Commission Meeting and she wanted clarification in writing that there were no plans for reconstruction of the existing overpass after construction of the flyover. Motion: Authorize the Mayor to send a letter to the Jacksonville Transportation Authority requesting written clarification that there were no plans to reconstruct the existing overpass at Mayport Road and Atlantic Boulevard. Mayor Shaughness}~ requested that Cit}• Clerk King, with input from City Manager Jarboe, draft the letter for her signature. There was no further discussion and the motion carried unanimously. 9. City Manager Reports and/or Correspondence: City Manager Jarboe Reported that three Atlantic Beach firefighters had been sent to the Florida Keys to assist with cleanup efforts from hurricane Georges lU. Reports and/or Requests from City Commissioners, City Attorney and City Clerk OMMISSIONERS M O T [ O N S E C, O N D Y E S N O BEAVER X BoRNO x x MESERVE X MITCHELSON X X SHAUGHNESSY X 14- Commissioner Borno inquired if the program would be limited to a certain number of participants and Mr. Bew stated there would be two two week sessions, each accommodating 15-20 participants conducted next summer. There being no further discussion, the motion carried unanimously. B. Appointments to the Code Enforcement and Recreation Advisory Boards Mayor Shaughnessy reappointed the following members to three year terms on the Code Enforcement Board: Ken Rogosheske, Richard Mann and Tami Deitchman. Mayor Shaughnessy made the following appointments to the Recreation Advisory Board: Barbara Hopson and Phillip Corp were reappointed to the Board with four year terms, and Donald Ray Coleman and Stephen Jenkins were appointed to two year terms. 7'he Commission concurred with the appointments. C. Approve Request to Eliminate Bid Item No. 24 for Effluent Outfall Improvements from Petticoat Contracting Inc.'s Contract Authorized Under Bid No. 9798-31, and Waive the Bidding Requirements and Authorize Gruhn May to Perform the Work for $18,678.00 (City Manager) Motion: P.pprove Request to Eliminate Bid Item No. 24 for Effluent Outfall Improvements from Petticoat Contracting Inc.'s Contract Authorized Under Bid No. 9798-31, and Waive the Bidding Requirements and Authorize Gruhn May to Perform the Wark for $18,678.00. City Manager Jarboe explained that the city would save approximately $20,000.00 by eliminating said item. Commissioner Borno inquired when construction on Levy Road would begin and was told by Public Works Director Kosoy the notice to proceed had bcen issued and work would begin on Thursday, October 1, OMMISSIONERS M O T I O N S E C 'O N D Y E S N O BEAVER X BoRxo x MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Paee -] 3- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Motion: Pass Ordinance No. 95-98-69 on first reading. Mayor Shaughnessy read the ordinance by title only and announced the final reading and public hearing for the ordinance would be held during the October 26, 1998 Commission Meeting. Dc Sylvia Simmons, Chairperson of the Animal Control Review Committee, presented the revised ordinance to the Commission. Dr. Simmons thanked City Attorney Jensen, Public Safety Director Thompson, Commissioner Beaver, vvho served as Commission liaison to the committee, and the committee members for their diligence and hard work. Dr. Simmons pointed out some of the highlights of the revised ordinance and discussion occurred resulting in the following changes: (1) A scrivener's correction to Section 4-10 (a) remove the second "or'", (2) Section 4-10 (d) City Attorney Jensen advised that the actual wording of Florida_Statute 767.//-/6 should be included in the ordinance,(3) 4-29 include wording found in Florida Statute 828.30, Rabies vaccinatial of dogs and cats, and (4) Section 4-30 (b) To include after the word fines "paid by cash or money order, (no personal checks)"... 'there being no further comments or discussion, the motion carried unanimously. 8. New Business: A. Authorize expenditure of $1,500.00 to establish a Junior Lifeguard Program (Commissioner Mitchelson) Authorize the expenditure of $1,500.00 for sole purpose to establish a Junior Lifeguard Program. Commissioner Mitchelson explained the benefits of the program. OMMISSIONERS M O T 1 O N S E lr O N U 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 SHAUGHNESSY X X Minutes Paee -12- fiscal year 1998/1999, and further stated than the rolled back rate for 1998/1999 was 2.8229 and the proposed millage rate was 12.37% higher than the rolled back rate. Mayor Shaughnessy then opened the public hearing and invited comments from those present. Russell Birch of 2224 Ocean Forest Drive West spoke in opposition to the increased millage rate. Commissioner Meserve stated that the millage had not been increased in several years and actual dollar amount increase in taxes on a home assessed for $100,000.00 would be $18.75. Commissioner Meserve felt it was a prudent budget that provided essential services to the citizens of Atlantic Beach. No one else spoke and the public hearing was declared closed. There was no more discussion and the motion carried by a four to one vote with Mayor Shaughnessy voting nay. C. Resolution No. 98-35 Public Hearing A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1998/99 BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. Motion: Adopt Resolution No. 98-35 adopting an operating budget for Fiscal Year 1998/1999 in the amount of 527,119,471.00. Ma}'or Shaughnessy opened the floor for a public hearing. No one spoke and the public hearing was declared closed. There was no discussion and the motion cari ied by a four to one vote with Mayor Shaughnessy voting nay. 7. Action on Ordinances: A. Ordinance No. 95-98-69 Introduction and First Reading OMMISSIONERS M O T 1 O N S E C O N D Y E S N p BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Paee -11- Recognition of Visitors. A. Fire Morale and Equipment Committee -Randy Ellis and Michael Lanier (Commissioner Mitchelson) 6. Action on Resolutions: A. Resolution No. 98-33 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 (City Manager) Motion: Adopt Resolution No. 98-33 amending the Operating Budget for the City of Atlantic Beach, Florida for the Fiscal Year beginning October 1, 1997 and ending September 30, 1998. "I he Resolution was read by title only. There was no discussion and the motion carried unanimously. R. Resolution No. 98-34 Public Hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999, STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVF, DATE. (City Manager) Motion: Adopt Resolution No. 98-34 setting a millage rate of 3.1721 mills for operating purposes for Fiscal Year 1998/1999. Mayor Shaughnessy announced the proposed millage rate was 3.1721 for OMMISSIONFiRS M O T 1 O N S E C O N D Y E S N O BEAVER X BORNO X X PtESERVE X X MITCHELSON X SHAUCHNESSY X BEAVER X X BoRNO x x MESERVE X MITCHELSON X SHAUGNNESSY X Minutes Page -10- Item 4C. Award Contract for Fabrication of Two (2) New Stainless Steel Enclosures for Caterpillar Gensets #1 and #2 Pursuant to the Specifications of Bid No. 9798- 36 (City Manager) Commissioner Mitchelson inquired as to why one of the bids under this item was rejected and Public Works Director Kosoy explained that one of the bidders did not meet the specified requirements. Motion: Award Contract for fabrication of two (2) new stainless steel enclosures for Caterpillar Gensets #1 and #2 pursuant to the specifications of Bid No. 9798-36 as recommended. There being no further discussion, the motion carried unanimously. Item 4D. Award Contract for Modifications to the Chlorine Handling Room at Buccaneer Water Treatment Plant No. 4 Pursuant to the Specifications of Bid No. 9798-40. It was reported that on Item 4D, incorrect wording had been placed on the agenda and it should have stated "Reject all bids and rebid the project after specifications are clarified for modifications to the chlorine handling room at Buccaneer Water 7~reatment Plant No. 4 pursuant to the specifications of Bid No. 9798-40." Public Works Director Koso}' explained the bid requirements and circumstances leading to the rejection of both bids. Motion: Reject all bids and rebid the project after specifications are clarified for modifications to the chlorine handling room at Buccaneer Water Treatment Plant No. 4. There being no further discussion, the motion carried unanimously. 5. Committee Reports: phis item was taken out of sequence and acted on under Item 2, OtvII.IISSIONERS M O T 1 O N s E C n N D Y E S N O BEAVER X X BoRNO x MESERVE X MITCHELSON X X SHAUGHNESSY X BEAVER X BoRNO X x MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Pai;e -9- Capacity, Pursuant to the Specifications of Bid No. 979835 (City Manager) C. Award Contract for Fabrication of Two (2) New Stainless Steel Enclosures for Caterpillar Gensets #1 and #2 Pursuant to the Specifications of Bid No. 9798-36 (City Manager) D. Award Contract for Modifications to the Chlorine Handling Room at Buccaneer Water Treatment Plant No. 4 Pursuant to the Specifications of Bid No. 9798-40. E. Award Contract for the Construction of 4th Street Beach Access Pursuant to the Specifications of Bid No. 9798-38 (City Manager) F. Award Contract for the Purchase of Orthophosphate (A Chemical for the Buccaneer Water System) Pursuant to the Specifications of Bid No. 9798-39 Items C, and D were removed from the consent agenda by the Commissioner Mitchelson. Barbara Bonner, a member of the city's Beautification Committee, addressed Item E and stated that in the past, the Beautification Committee reviewed plans and had input concerning the design for this type of project. She further stated that the Beautification Committee had not reviewed the plans and inquired if their role had changed. Mrs. Bonner stated she was familiar with the site and suggested that the street end be made wider for easier access. Cit}~ Manager Jarboe explained that due to the recent retirement of the cit}~'s long-time Beautification Coordinator, he believed it was an oversight that the BeautificationCommitteedld not review the plans. He then explained the project to Mrs. Bonner and stated he would im~estigate the future duties of the Beautification Committee. Motion: Approve Items 4-A,B,E and F as recommended. OMIvtISS10NERS M O r 1 O N S E c. O N D Y E S N O BEAVER X X BORNO X MESERVE X MITCHELSON X X SNAUGHNESSY X Minutes Page -8- memo dated September 24, 1998 concerning the proposed language change for long term rental contracts is attached and made part of this official record as Attachment C. City Attorney Jensen advised that the language presented was suggested by the city's current insurance carrier. He explained that maximum exposure would be the amount of the city's coverage for each building and cited as an example if the city has a one million dollar policy on the Adele Grage Community Center, then the long term user of that facility would have to provide the same coverage. It was also explained that sovereign immunity limits the city's liabilit}~ to $200,000.00. Commissioner Meserve expressed concern that the requirement would put several organizations out of business, and stated that in the past the city has chosen not to include this type of requirement in its rental agreements. City Manger Jarboe pointed out that the various organizations using city facilities cannot be covered under the city's insurance and normally organizations such as ABET should have their own insurance. After some discussion concerning the need for the second paragraph of the proposed language, Commissioner Mitchelson, who is an insurance agent, explained that the city's insurance carrier wanted the language included for their protection. The motion and second were withdrawn. Motion: Defer action on the requested language change to the October 26, 1998 Commission Meeting and direct staff to come back with a report on the organizations impacted by this action. There being no further discussion, the motion tamed unanimously. 4. Consent Agenda: A. Acknowledge Receipt of Annual Stormwater Report to U.S. Environmental Protection Agency and Authorize the City Manager to Sign a Statement Verifying that the City Commission has Received a copy of the Report. B. Award Contract for Purchase of One Roll-on/Roll-off Truck with Galbraith Outside Rail, Roll Off Hoist with 60,000 Pound OMhIISSIONERS M O T 1 O N S E C :O N D Y E S N O BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY I Minutes Page -7- Joe Posch of 142 Magnolia Street urged the Commission to do their research. He believed that consideration of the tailwaters was critical because every time there was a large storm, flooding occurred which caused the sanitary sewers to overflow. Discussion ensued concerning the Stormwater Review Committee's progress on the RFP and the unknown added costs of the project. Commissioner Meserve expressed concern that the committee would tie all three segments together and recommend permitting the entire project which would cause further delays. Commissioners Beaver and Mitchelson concurred with Commissioner Meserve. Commissioner Borno felt it was crucial to look at all three phases as a whole system, design it as a whole system, but construct it in segments. Mayor Shaughnessy urged the Commission to wait a few more days to receive the final RFP's from the SRC and review them before making any decisions on how to proceed with the project. Discussion of the RFP's continued and City Manager Jarboe indicated it would be more cost effective if the city employed the same engineering firm for both the tailwater and core city phases of the project. Mayor Shaughnessy expressed reservations of not knowing how the entire system would operate and felt it was best to consider the project as a whole. Commissioner Beaver stated he would like to receive the RFP's as soon as they become available. Mayor Shaughnessy stated she would like to have them included in the next Commission agenda packet. After some further discussion to clarifvin~ the intent of the motion, the question vas called and the motion failed by a one to four vote with Mayor Shaughnessy and Commissioners Beaver, Bomo and Mitchelson voting nay. D. Approval of Suggested Language Regarding Hold Harmless and Liability Insurance to be Included in Long Term Rental Contracts for Use of Public Facilities (Commission) Motion: Approve suggested language as presented. Commissioner Meserve and Mayor Shaughnessy stated they did not understand the meaning of the seconded paragraph of proposed language and inquired as to [he meaning of ..."maximum exposure".. City Attorney Jensen's OMMISSIONERS M O T 1 O N S E C. O N D Y E S N O MITCHELSON X SHAUGHNESSY X Minutes Page -6- event at Town Center. Concern was expressed for the difficulty some residents might have in getting to the site, and Mayor Shaughnessy suggested running a shuttle. Commissioner Meserve suggested working with the City of Neptune Beach to come up with a common lighting theme. City Manager Jarboe agreed to meet with the City Manager of Neptune [;each and the merchants to discuss the event. Mayor Shaughnessy a~::ed that this item be brought back to the second meeting in October. C. Discussion and Related Action Relative to Core City Drainage Project (Commissioner Mesen'e) Motion: Task City Staff to design and the Stormwater Review Committee in their review process to come back with an RFP that will prepare a design for the core ciq• drainage project based on the original ETM design with the inclusion of baffle boxes or other such devices that will eliminate the requirement to use the parks as retention and settling basins, and that the design shall address issues and take into account the lowering of tailwaters through the use of tide barriers, pump systems or such other devices, in the basic design, and provide data on what effect such reduction in tail waters might have on both design and system efficiency. After making the motion, Commissioner Meserve explained that he would like to address the core city project right now by getting on with the design and permitting, and then address tailwater and headwater issues as separate issues. He believes chat while they may be concurrent to the core city project, the head and tailwater issues should not be linked to it because they would slow down the project forever. S}'Ivia Simmons inquired as Commissioner Meserve's position on the use of the parks. He stated that the city would not be digging up the parks to make huge settling basins. J.P. Marchioli of 414 Sherry Drive commented on the way the Stormwater Review Committee reworked and numbered their RFP's. Stephen Kuti agreed with Commissioner Meserve's position of separating the head and tailwaters from the core city project. OMMISSIONERS M O T I O N S E C. O N D Y E S N O BEAVER X X BORNO X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -S- ep em er , constructed, it ++'ould free up parking spaces on the opposite side of the street for the public. Commissioner Beaver inquired if any resident of Atlantic Beach would be able lease a space on 10th Street. City Attomey Jensen stated the draft lease was written for the residents of the Island Club Condominiums. Commissioner Beaver then asked if this lease arrangement would open up a Pandora's box for similar requests all along the beach front. City Attorney Jensen advised that while each case should be judged on an individual basis, it might do just that. Mayor Shaughnessy then requested the City Attorney's opinion of leasing spaces, and City Attomey' Jensen advised that leasing might set a precedent for similar requests. The history of the site was briefly discussed and it was pointed out that the four original required spaces at the end of the building were now gone. Building Official Ford believed they were sold to the adjoining property owner. Ma}'or Shaughness}~ then asked City Attorney Jensen for his preferred solution to the problem. He advised that if the parking sticker program was reinstated it +vould be for the entire city and that seemed to be what worked best for the residents. Mayor Shaughnessy stated she would consider this option as long as the city could get clearance for its reinstatement from the Corps. 'Che question was called and the motion failed by a two to three roll call vote +vith Commissioners Beaver, Bomo and Meserve voting nay and Commissioner Mitchelson and Mayor Shaughnessy voting aye. Mayor Shaughnessy' requested that the City Attomey send a letter to the Army Corps of Engineers, using information gathered by staff, requesting information concerning the ramifications of reinstating the city's parking sticker program with regard to the on-going beach renourishment program. B. Discussion and Related Action Relative to Annual Tree Lighting Mayor Shaughnessy stated that during the previous meeting she had suggested holding the city's annual tree Lighting Ceremony at Town Center and asked if there was any interest in doing so. Mayor Shaughnessy pointed out the benefits of holding the event at that location. After a brief discussion, it was the consensus of the Commission to hold the OMMISSIONERS M O T I O N S E C O N U Y E S N O • Minutes Page -4- ep em er , of the parking spaces to the condominium on a permanent basis. He believed it would not set a precedent. Barbara Bonner of 463 Selva Lakes Circle spoke in opposition to tltc sale of any parking spaces to a select group and referenced editorials in the August 28, 1998 and September "23, 1998 editions of the Beaches Leader stating the same. Mrs. Bonner believed the city should better utilize what it has and pave the existing rights-of--way and mazk it for additional pazking. She further stated that the citizens who live west of Mayport Road need parking spaces to enjoy the beach. Commissioner Mitchelson stated it was his understanding that the response from the Corps of Engineers indicated that it would be fine to lease or sell the spaces as long as the an equivalent number of replacement spaces were identified. Mayor Shaughnessy then read the letter from the Richard E. Bonner of the Corps dated September 22, 1998 which indicated the spaces must be replaced in the general area of 10th Street. Mayor Shaughnessy then inquired if any additional parking spaces had been identified, and City Manager Jarboe responded they had not been identified. Commissioner Meserve favored the lease arrangement but stated he had received. comments from residents that it was unfair. He believed issuing parking permits for a one block area was unreasonable in that it would be very costly and difficult to maintain. He stated he could not vote for the motion, and would prefer to take the another option not mentioned, no action. Commissioner Beaver stated he did not favor any of the options, but would consider readdressing the parking sticker program if it did not take away anything from the beach renourishment program. Commissioner Borno concurred with Commissioner Beaver. Commissioner Mitchelson favored the lease option and stated the stumbling block for resolution of the problem seemed to be the yearly fee and believed a compromise could be reached on that. Much discussion ensued concerning the pros and cons of leasing parking spaces, paving existing right-of--way to create additional parking, and removal of the porches at the condominium to build a driveway and create on-site parking. ]t was pointed out that if the porches were removed and the driveway OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- eril~CPi~t:-} °~°" for Tidevrews to inform the citizens of his findings, and he stated he would be happy to do so. Mayor Shaughnessy and Commissioner Mitchelson thanked Mssrs. Lanier and Ellis for their informative reports. The Fire Morale and Equipment Committee Reports are attached and made part of this official record as Attachment B. 1.layor Shaughnessy called a recess 9:00 p.m. and the meeting reconvened at 9:15 p.m. 3. Unfinished Business: A. Discussion and Related Action Regarding Tenth Street Parking (Commission) Motion: Approve sample lease for parking spaces as written by City Attorney Jensen. Commissioner Mitchelson stated he had keen approached by several of the residents who had suggested alternatives to the lease and wished to address the Commission. Debbie Taylor stated that after gathering information. additional information had surfaced concerning encroachment problems, abandonment of land and correspondence with the Army Corps of Engineers. Mrs. Taylor further stated the residents had reviewed various options and determined that there were three options of interest that would be mutually beneficial to all concerned. "I he following options were addressed by the residents: Ka}• Lanier of 95 10th Street stated she would like the city to reinstate the parking permit program. 12ich O'Brien, owner of 5 10th Street, stated he would like the draft copy of the (case changed to reflect the following: (I) The annual rent changed to $100.00 per year for the first ten years, (down from $500.00), (2) that the annual rent from year eleven and every year thereafter be $1.00, (3) that the lease be transferable to a new unit owner, and (4) and the enforcement of to.+ing is the duty and right of the lessee. Bill Taylor stated that the most preferable would be the transfer of ownership OMMISSIONERS M O r I O N S E c~ O N D Y F: S N O BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -2- • September 28, 1998 was out of line to revisit the 100 year storm study. Mr. Kuti indicated he did not want to be part of the delay process and would resign from the SRC if it continued in that direction. C. J.P. Marehioli of 414 Sherry Drive read from the city's ordinance prohibiting contributions to charitable organizations and expressed his opposition to the city constructing a building for use by the YMCA. D. Wally Sears of 1345 Ocean Boulevard requested Commission consideration to closing Beach Avenue to through traffic from the Sea Turtle Inn north to 20th Street due to the recreational nature of the street. He also requested that the street be repaved to make it more user friendly. Mayor Shaughnessy requested that this item be placed on the agenda of the October 26, 1998 meeting for further discussion. Item SA was taken out of sequence and heard at this time. Item 5A. Fire Morale and Equipment Committee -Randy Ellis and Michael Lanier (Commissioner Mitchelson) Randy Ellis, Fleet Coordinator/Supervisor of the Jacksonville Fire and Rescue Department, distributed copies of his report to the Mayor and Commissioners. Mr. Ellis stated he was asked to assess the condition of the city's fire appazatus and briefly reported that he had conducted an inventory of the city's equipment and fouhd it all to meet or exceed the minimum requirements of NFPA 1901 Chapter 3, including the self-contained breathing apparatus (SCBA's). Mr. f;llis recommended that the city purchase athirty-five foot extension ladder at an approximate cost of $1,000.00 because the city has no ladder truck. Michael Lanier, M.A., distributed his report and presented a brief overview of the process he used to gather the opinions of the members of the Atlantic Beach Fire Department pertaining to their status and future direction. Mr. Lanier stated he had interviewed and administered his survey to eleven of fifteen firefighters and found them to be a very professional staff with excellent response time. A brief discussion of the results of the survey ensued. Commissioner Beaver stated he was surprised to learn that the firefighters felt the citizzns did rot support them in regard to their careers as professional firefighters. Mayor Shaughnessy asked Mr. Lanier if he would be willing to write an article OMMISSIONERS M O T [ O N S E C 'O N D Y E S N O MINIJTES OF THE REGULAR MEETING OF THE ATLANTIC BEACF[ CITY ('OMMISSiON HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON hIONDAY, SEPTEMBER 28, 1998 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: James Jazboe, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney The meeting was called to order by Mayor aug essy at p.m. e Invocation was offered by Mayor Shaughnessy, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held September 14, 1998. Motion: Approve minutes of the Regular Meeting held September 14, 1998 as presented. The Mayor asked .or corrections or amendments to the minutes. There being none, the minutes were unanimously approved as presented. 2. Recognition of Visitors: A. Tim Richardson, Total Development Resources, Inc. "I im Richardson of 1 1 14 Linkside Court East stated he was afull-time professional speaker and a published author. He presented a brief overview of his work and copies of books he authored or co-authored for Commission review. He then requested Commission consideration to allow him the use of office space in the Adele Grage Community Center in exchange for conducting a workshop or retreat for the Commission. \o action seas taken on the request. Mr. Richardson's letter of request is attached end made part of this official record as Attachment A. Il. Stephen Kuti of 1132 Linkside llrive stated he was disappointed in the direction the Stormwater Keview Committee (SRC) was taking and felt it 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 October 13, 1998 Action on Ordinances: A. Ordinance No. 90-98-167: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE 1N RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) 8. New Business: A. Authorize the addition of Public Entity Environmental Insurance at an annual cost of $8,500 to the city's insurance; authorize the City Manager to sign the necessary documents to add Public Entity Environmental Insurance, and for continuation of the City's insurance policies (City Manager) B. Authorize the City Manager to sign the Florida Inland Navigation District Waterways Assistance Program Project Agreement (for design and construction documents for Dutton Island Conservation Park) (City Manager) 9. City Manager Reports and/or Correspondence: ]0. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment ff any person decides to appeal any decision made by the City Commission with respect to any matter considered at aay meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which rewrd shall include the testimony and evidwce upon which the appeal is to be based. Any person wishing to speak to the City Commistiion on any maser at this meeting should submit a request to the City Clerk prior to the meeting. For your coaveoience, forms for this purpose are available at the entrance to the Co~ssion Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, October 9, 1998. CITY OF ATLANTIC BEACH COMMISSION MEETING -October 13, 1998 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of September 28, 1998 2. Recognition of Visitors: A Demonstration of Web Page (City Manager) g. Winston Strickland 3. Unfinished Business: A. Review and approval of Requests for Proposals for Professional Engineering Services for design modification of the Core City Stormwater Collection Improvements, and design of Tidal and Flood-Control structures for Tailwater Control (City Commission) 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVEDvmDOM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. RTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of report of new occupational licenses for September, and monthly reports from Building, Code Enforcement, Fire, and Recreation Departments (City Manager) 5. Committee Reports: 6. Action on Resolutions: A. Resolution No. 98-36 Cit Mana er A RESOLUTION OF ESTEEM - ROBERT D. SHIMP ( y g ) B Resolution No. 98-37 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES (City Manager)