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
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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
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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~~
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5. 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
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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
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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
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6 St =A= NC =C= SC
7 SA= =A= NC :D= 5C
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12 5.:= =A- NC :D= SC
13 S:~ =A= NC =..= SC
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16 S:: =A= NG =D= 5C
ii 5A: =A= NG =D= 5C
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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 -
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31 5rr =A= NC =D= SR
32 5w =A= Nv^ =D= SC
33 Sir =A= NC =G= SC
31 5.:= =A= NC =D: SC
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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
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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.
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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
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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,
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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.
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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
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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
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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,
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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)