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Agenda Packet 06-14-04 I ' CITY OF ATLANTIC BEACH COMMISSION MEETING JUNE 14,2004 ' AGENDA Call to order ' Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of May 24,2004 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from.Previous Meetings A. Report relative to intersection of First Street and East Coast Drive ' 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN ' THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING ' DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly reports from Building, Public Works and ■ Utilities, and Public Safety Departments (April), and reports of new occupational i licenses and utility sales(City Manager) B. Extend contract with Nature's Way Natural Pest Control for one year for ' mosquito control at the prices as bid in Bid No. 0203-19 (City Manager) C. Authorize the Mayor to sign the Application for Revenue Sharing for 2004-2005 (City Manager) ' D. Acknowledge receipt of 2003 Water Quality Reports (City Manager) E. Award a contract to Cintas Corporation for uniform rental and cleaning for one year beginning August 1, 2004,pursuant to the specifications of Bid No. 0304-17 (City Manager) 5. Committee Reports ' A. Tree Board Report 6. Action on Resolutions 7. Action on Ordinances A. Ordinance No. 20-04-64 Public Hearing and Final Reading ' AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30,2004 1 I '• B. Ordinance No. 25-04-36 Public Bearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,AMENDING CHAPTER 8,FLOOD HAZARD AREAS,TO COMPLY WITH REQUIREMENTS OF ' THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM;PROVIDING AN EFFECTIVE DATE THEREOF C. Ordinance No. 95-04-87 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OFFENSES, BY CREATING A NEW SECTION 13-13 "REGULATION ' OF FIREWORKS;" SETTING FORTH REGULATIONS FOR THE POSSESSION OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN ' EFFECTIVE DATE D. Ordinance No. 95-04-88 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12,NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE E. Ordinance No. 90-04-185 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, ' STATE OF FLORIDA, AMENDING ORDINANCE No. 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, ' BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE ' 8. Miscellaneous Business A. Authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's 2003-2004 CDBG contract(City Manager) ' B. Appointments to fill vacancies on two Pension Boards (City Manager) C. Adopt the revised City of Atlantic Beach Cross-Connection Control Policy Manual(City Manager) ' 9. City Manager 10. Reports and/or requests from City Commissioners and City Attorney Adjournment ' If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at.this meeting should submit a request to the ' City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. ' Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. ' In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday,lune 11,2004. 2 I I MINUTES ' REGULAR CITY COMMISSION MEETING May 24, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King ' Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III ' Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by The Pledge of Allegiance to the Flag. ' Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 10, 2004 Motion: Approve Minutes of the Regular Meeting of April 26, 2004, as presented. Moved by Parsons, seconded by Waters Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Item 6A was taken out of sequence and acted on at this time. $ Resolutions 6. Action on Resolutions: A. Resolution No. 04-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH tMotion: Approve Resolution No. 04-05. Mayor Meserve read the Resolution in its entirety and presented the framed ' document to Mr. Schiegg and thanked him for his many years of community support. 1 I May 24,2004 REGULAR COMMISSION MEETING Page 2 ' Commissioner Parsons noted that Mr. Schiegg was top salesperson for the Gator Bowl Association and thanked him for his work with the organization. ' Moved by Waters, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED 2. Courtesy of the Floor to Visitors Stuart Kimmel of 1883 Beach Avenue spoke in opposition to the dune walkover(Item 8C) as constructed at 1897 Beach Avenue; Steve Shirley of ' 1881 Beach Avenue also expressed opposition to the dune walkover and stated that it obstructed his view of the ocean; George Santayana of 1886 Beach Avenue urged the Commissioners to have the dune walkover ' removed and stated that the walkover ordinance was drafted to allow construction of walkovers without destroying the view; Lisa Pelkey of 1887 Beach Avenue provided photographs of the dune walkover and ' indicated she was opposed to the structure, which violated the city code and obstructed her view; Amalia Wappes of 1885 Beach Avenue stated she was opposed to the walkover and noted that there was a handicapped accessible walkover at 19'h Street that could be used by the family at 1897 Beach Avenue. Mrs. Wappes indicated that the walkover as constructed blocked her view and she urged the Commissioners to preserve the view for those residents who purchased beachfront property. Mary McCarthy of 325 In Street,Adeline Barrack of 374 1" Street, and ' Dorothy Kerber of 365 In Street, expressed concern that the wall being constructed on the northwest corner of the intersection of l" Street and East Coast Drive obstructed the view of those traveling on In Street. Ms. Kerber ' suggested the installation of a four-way stop at the intersection as a possible solution to the problem. ' Former Commissioner Mike Borno of 223 Ocean Forest Drive N. spoke in support of the ordinance banning the use of fireworks within the municipal boundaries of the city(Item 7C). ' A. Proclamation recognizing the week of June 7-11, 2004, as Code Enforcement Officers Appreciation Week ' Mayor Meserve read the Proclamation in its entirety proclaiming the week of June 7-11 as Code Enforcement Officers' Appreciation Week and presented the Proclamation to Alex Sherrer, the city's Code Enforcement I ' May 24,2004 REGULAR COMMISSION MEETING Page 3 Officer. Mayor Meserve commended Mr. Sherrer for his ability to work ' with residents to bring their properties into compliance. Item 8A was taken out of sequence and acted on at this time. ' A. Rescheduled public hearing to consider a request for a Use-by- Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed ' development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive(Lots 1, 3 and 5 of Block 1,Atlantic Beach Subdivision) ' Motion: Approve request for a Use-by-Exception per Section 24-161 (i) of the City Code to reduce the required number of parking spaces ' from 22 to 17, and to reduce the width of spaces from ten to nine feet related to the proposed development of a new commercial building containing professional office use, and also a height waiver per Section 24-156 to allow a proposed building height of 32-feet,exceeding the 25- foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive(Lots 1, 3 and 5 of Block 1, Atlantic Beach Subdivision). Chris Hionides, owner of the property, stated that the Community Development Board approved the project last year, but to address concerns of the Town Center merchants, changes were made to the original design. He believed the project would benefit the Town Center merchants and citizens. Michael Dunlap, architect for the project, displayed an architectural ' rendering of the building and provided details of the project. He indicated that the previous request was for a mix of office and retail use,but now the use would be limited to 8,872 square feet of professional office space. He pointed out that the original request sought a reduction in off-street parking spaces from 28 to 13, but the current plan called for 22 spaces with a five- space reduction to 17. Mr. Dunlap also requested that the width of the required parking spaces be reduced from the required ten feet to nine feet, and that a waiver be granted to allow a building height of 32 feet. ' After the presentation, Mayor Meserve opened the floor for a public hearing. I ' May 24,2004 REGULAR COMMISSION MEETING Pace 4 Nadine McDade of 54 East Coast Drive noted the large size of vehicles ' being driven today, and opposed the request to change the width of the parking spaces from 10' to 9'. Dorothy Kerber of 365 1"Street opposed any reduction to the required number of parking spaces and the waiver to the 25' building height ' limitation. Mrs. Kerber also expressed concern that construction of the building would add to the drainage problems of that area. ' Dick Hilliard of 338 11th Street expressed concern that runoff from the building would contribute to the flooding problems on Ahern Street. He also requested that the 25' height limitation be maintained. ' Richard Allen of 320 8'h Street opposed the project stating the commercial venture would negatively impact the adjacent residential area. He believed ' the residential community was what made Atlantic Beach special. John Brocato of 1259 Linkside Drive stated he was a business owner in ' Town Center and attended the Parking Committee meetings. He felt the project would be a benefit to the area because the parking spaces could be used by other businesses during evening hours. ' Former Commissioner Mike Borno of 223 Ocean Forest Drive N.,who served as Chair of the Town Center Parking Review Committee, stated that ' the committee had determined there was a shortage of parking spaces in the area. He requested that the request for reduced parking be denied until the Overlay Zone guide recommended by the Committee is established. 1 Pat Pillmore of 995 Camelia Street who served on the Community Development Board, stated she was happy to see the green space and use ' of turf blocks. She believed the requested reduction in parking spaces was reasonable. ' Stephen Kuti of 1132 Linkside Drive believed the requested 9' wide parking spaces would be too narrow and the request should be denied. He also inquired concerning the number of offices and employees in the ' building. Ed McDade of 54 East Coast Drive stated he had two problems with the project-parking and runoff in the area. Mr. McDade stated his property was across the street from the proposed development and he had to fence ' his back yard to keep people from parking there. He indicated that even with the recent improvements, the intersection floods and he believed the building would add to the flooding and parking problems. I May 24,2004 REGULAR COMMISSION MEETING Page 5 Dick Hilliard of 338 11"' Street stated that turf block does not work in a heavy rainfall and believed a retention pond should be required. Gerard Vermey of 65 Shell Street commented that twenty years ago he was involved with the covered area design of Town Center and there always had been a parking problem because businesses did not share parking. He ' believed a parking garage should be constructed to solve the problem. Mr. Vermey stated he had no problem with the height of the building. ' Niall Falloon of 1717 Beach Avenue believed the two-story commercial building would be good for Town Center and would only require daytime parking. He believed there was a perceived problem with parking in Town tCenter and parking regulations should be enforced if people park illegally. No one else spoke and the Mayor closed the public hearing. Commissioner Waters inquired concerning how the neighbors could be protected from illegal parking on their property. Discussion ensued and it 1 was suggested that"No Parking"be shifted to the other side of the street. Commissioner Waters believed that large vehicles being driven today would have a problem with 9' parking spaces. Mr. Dunlap responded that the cities of Neptune Beach and Jacksonville Beach require 9' parking spaces. Mayor Meserve commented that the property owner had the right to t develop his property, it was zoned commercial, and the Community Development Board recommended approval. He stated that the owner had amended the project to lower the height and increase parking. He believed ' there would be no parking problems during the day and the additional parking would help to resolve the nighttime parking issues of Town Center. Mayor Meserve thought a reasonable compromise had been made by Mr. ' Hionides to move the project forward. Commissioner Beaver agreed with the Mayor but expressed concern for the number of parking spaces and the drainage issue. He indicated that the number of offices and employees was unknown and at this time it was not known if parking would be a problem. Commissioner Beaver reminded the ' Commissioners that they had agreed to support the Town Center Parking Committee an not grant any parking variances until the Overlay Zone was in place. ' Commissioner Parsons stated that he had no problem with the height of the ' building but he did have a problem with parking. He believed the size of the building should be reduced to provide adequate parking. Mr. Dunlap stated it would not be economical to further reduce the size of the building. 1 I May 24,2004 REGULAR COMMISSION MEETING Paee 6 Commissioner Simmons expressed concern that the 9' parking spaces were too narrow and there were 23% less spaces than required by the City Code. She also believed garbage collection could be a problem in the future if the Shoppes of Northshore (presently owned by Mr. Hionides), and the new building have different owners. Commissioner Simmons stated she did not want to grant conditions that would be difficult to enforce or unenforceable. ' Commissioner Beaver inquired of Mr. Hionides if the size of the building could be reduced to meet the on-site parking requirements. He responded ' that it would not be cost effective to make the building any smaller. Discussion ensued regarding conditions placed on various businesses in Town Center that were never enforced. Commissioner Waters stated he wanted assurance that the garden area would be maintained and remain a garden area if the property was sold. Moved by Beaver, seconded by Waters Votes: ' Aye: 1 —Meserve Nay: 4-Beaver, Parsons, Simmons,Waters MOTION FAILED ' Item 8C was taken out of sequence and acted on at this time. C. Discussion and related action in connection with a letter from Mike Gillespie regarding a dune walkover at 1867 Beach Avenue ' Mayor Meserve explained it was his understanding that a permit was applied for and returned marked in red saying that some modifications had ' to be made to the structure. The walkover was built according to the original design without taking into consideration the city's requirements for construction of a dune walkover. The Mayor confirmed with City Attorney Jensen that no waiver could be granted and the only options would be to change the law or have someone prove that the ordinance regulating construction of dune walkovers was illegal. Mike Gillespie, the licensed contractor for construction of the walkover, distributed copies of an excerpt from Chapter 553.73 Building Construction Standards of Florida Statutes. Using this information as a basis for his challenge,Mr. Gillespie stated that in March of 2002 the state adopted the Florida Building Code, which made all technical and administrative amendments for construction null and void. ' Mr. Gillespie stated that when he constructed the walkover, he followed the drawings,with the exception of handrails. He indicated that the Florida 1 I ' May 24,2004 REGULAR COMMISSION MEETING Paae 7 Building Code required handrails if a structure was thirty inches or more above a surface, and for safety reasons he included the handrails. Mr. Gillespie stated that when the Stop Work Order was issued, he spoke with the Building Official concerning the lack of handrails in the city's plan and was informed that the handrail requirement did not apply to walkovers. ' Mr. Gillespie stated that for safety reasons, he did not feel this was correct and called the Florida Building Commission for an interpretation on the handrail requirement. He indicated that the person he spoke with ' confirmed that handrails were required at the stated height, but that was a moot point since the walkover ordinance became illegal when the Florida Building Code was adopted. To further substantiate his case, Mr. ' Gillespie stated that the homeowner wanted handrails to protect their handicapped child. He also indicated that it was illegal by Federal Law to adopt an ordinance that would preclude a handicapped person and pointed ' out that the design of the walkover made it impossible to build a ramp for handicapped access. A copy of Mr. Gillespie's letter dated May 19,2004, containing information regarding the interpretation of the city's ordinance ' by the Florida Building Commission is attached and made part of this official record as Attachment A. ' Mayor Meserve requested a legal opinion from City Attorney Jensen concerning the allegations. City Attorney Jensen stated it was his understanding that the ADA requirements did not apply to private ' residential properties. Building Official Ford confirmed that the requirements did not apply to single-family homes. He further stated that it was his understanding the city's dune walkover ordinance and plan were previously approved by the DEP and several walkovers had been permitted by the DEP using the city's plan. He further indicated that the Florida Building Code requirements quoted by Mr. Gillespie applied to walkways, t stairways, etc. attached to buildings, not detached structures that cross over the dunes. City Attorney Jensen stated that it was his opinion that the city's dune walkover ordinance was current, valid and enforceable. Commissioner Parsons stated that there were several handicapped accessible dune walkovers in the city. He then inquired if Mr. Gillespie had ' obtained a permit to build the structure and he stated that he had received a permit from the city and the DEP to construct the walkover. City Manager Hanson explained the circumstances of the issuance of the Stop Work Order and pointed out that Building Official Ford had written the required changes on the plan in red when the permit was issued. Mayor Meserve asked Mr. Gillespie why he did not contact Mr. Ford if he had any questions concerning the required changes written in red on the ' plans before he started construction. Mr. Gillespie stated that he believed he was building the walkover to city standards. He noted that what was 1 May 24,2004 REGULAR COMMISSION MEETING Page 8 written in red said "no handrails" and nothing written in red dealt with the 1 height of the structure or the benches. Building Official Ford responded that the city tried to accommodate contractors on small projects and as a courtesy,he would mark the plans with red lines showing the changes that needed to be made. He indicated 1 that legally, the city could require that the plans be redrawn and new permits obtained from the state which often could take up to six months. He stated that two items on this project were red lined, the elevations and 1 that "no handrails"were allowed; both of which were ignored. Mr. Ford reported that he had contacted the same people at the Florida Building Commission as has been contacted by Mr. Gillespie, and received different answers, the most significant being that a single-family home was exempt from ADA requirements for ramps. Mr. Ford explained that the city's ordinance regulating the construction of dune walkovers was not part of the 1 building code, but was an approved design that meets the Florida Building Code. He stated that the plan was reviewed by an architect and an engineer and permitted by the DEP before it was codified. He believed that often 1 sections of the Florida Building Code were taken out of context by contractors to make a project work,which may have happened in this case. 1 Mr. Ford explained the elevation requirements for the walkover,pointing out that a minimum of twenty-five inches must be maintained above the dune,with an allowance of 10% above or below that figure in order to stay 1 with the topography and avoid extreme drops and rises. Discussion ensued. Commissioner Parson commented that the walkover as 1 constructed was unattractive and obstructed the ocean view. Commissioner Simmons commented that several years ago, a group placed a bench in the dunes at 2"d Street and the DEP made the city remove it. She stated that she 1 was surprised that the DEP would allow the benches in Mr. Gillespie's plan. Mayor Meserve pointed out that the city's plan for the walkover did not have any benches. Mayor Meserve inquired if Mr. Gillespie received a 1 copy of the plans for the walkover. Mr. Gillespie indicated that he received a copy of the plans. 1 IT WAS THE CONSENSUS OF THE COMMISSION THAT NO ACTION COULD BE TAKEN TO GRANT ANY WAIVERS TO THE CODE SINCE IT HAD NOT BEEN PROVEN THAT THE DUNE 1 WALKOVER ORDINANCE WAS ILLEGAL. IT WAS THE CONSENSUS OF THE COMMISSION THAT THE DUNE WALKOVER SHOULD BE TORN DOWN AND REBUILT TO 1 CODE. i 1 I May 24,2004 REGULAR COMMISSION MEETING Page 9 3. Unfinished Business from Previous Meeting ' City Manager's A. City Manager's Follow-up Report Follow-up Report There was no follow-up report. ' Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report for April 2004 (City Manager) B. Approve the purchase of a tractor for the wastewater treatment plant from Coastal Equipment Systems, Inc. at a cost of ' $24,314.96 (Bid No. 0304-16) (City Manager) Motion: Approve Consent Agenda Items A and B as presented. Moved by Simmons, seconded by Waters Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Committee Reports 5. Committee Reports ' A. Cultural Arts & Recreation Advisory Committee Report Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory ' Committee, indicated there was a good cross section of backgrounds among committee members. Mr. Pritchett commented on several programs offered by the Recreation Department, which included Acoustic Nights, the ' Songwriters' Concerts, Laughter Workshop, Art Programs at Atlantic Beach Elementary School, the Teen Council surfing contest, concert in Jack Russell Park and the scholarship competition. Mr. Pritchett indicated that ' the committee hoped to hold a Family Fun Run in the near future. Commissioner Waters thanked Mr. Pritchett for his work and requested that ' the Committee look at areas that are not already developed when considering locations for art in public places. He believed the addition of art in Bull Park would compromise the architectural design of the park. ' Commissioner Parsons inquired concerning the surfing contest and Mr. Pritchett indicated that it was held in the fall of 2003. ' Commissioner Simmons stated that she enjoyed the Acoustic Nights and suggested more promotions of the Recreation Department's programs. I May 24,2004 REGULAR COMMISSION MEETING Page 10 Item 8J was taken out of sequence and acted upon at this time. ' J. Appointment to the Cultural Arts & Recreation Advisory Committee (City Clerk) Motion: Appoint James Woodruff H to fill the unexpired term of ' Margaret van de Guchte. Moved by Meserve, seconded by Simmons Votes: Aye: 5— Beaver, Parsons, Simmons,Waters,Meserve Nay: 0 ' MOTION CARRIED Resolutions 6. Action on Resolutions: ' A. Resolution No. 04-05 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, ' FLORIDA, HONORING RENE SCHIEGG, GENERAL MANAGER OF THE SEA TURTLE HOTEL, FOR HIS PUBLIC SERVICE TO THE CITY OF ATLANTIC BEACH Resolution No. 04-05 was taken out of sequence and adopted earlier in the meeting. Ordinances 7. Action on Ordinances ' A. Ordinance No. 20-04-64 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL ' YEAR BEGINNING OCTOBER 1,2003 AND ENDING SEPTEMBER 30, 2004 Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 20-04-64 on first reading. There was no discussion. ' Moved by Simmons,seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED I May 24,2004 REGULAR COMMISSION MEETING Page 11 B. Ordinance No. 25-04-36 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,AMENDING CHAPTER 8, FLOOD HAZARD AREAS, TO COMPLY WITH REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE THEREOF 111 Mayor Meserve read the ordinance by title only. Commissioner Waters inquired if the only change was the addition of item (d). Building Official Ford stated that this item was required by FEMA in ' order for the city to receive a better rating under the NFIP/CRS program, and would result in a reduction in insurance rates after the city is rated. Commissioner Waters inquired concerning existing properties that do not ' meet the requirement. Mr. Ford responded that there was a variance procedure for below grade properties and the existing properties would be "grandfathered-in". ' Commissioner Simmons inquired regarding the criteria to be used if the road was constructed with an inverted crown. Mr. Ford stated the measurement would be taken from the inverted crown. Motion: Approve Ordinance No. 25-04-36 on first reading. ' Moved by Parsons, seconded by Simmons Votes: ' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No.95-04-87 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ' FLORIDA,AMENDING CHAPTER 13, OFFENSES BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS"; SETTING FORTH REGULATIONS FOR THE POSSESSION OF ' FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANACES; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE ' Motion: Approve Ordinance No. 95-04-87 on first reading. ' Commissioner Beaver requested that the language of the ordinance be consistent with the other beach cities. 1 I May 24,2004 REGULAR COMMISSION MEETING Paee 12 Moved by Beaver, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Miscellaneous Business 8. Miscellaneous Business Use-by-Exception for A. Rescheduled public hearing to consider a request for a Use-by- southwest corner of Exception per Section 24-161 (i) of the City Code to reduce the Ahem Street and East required number of parking spaces from 22 to 17, and to reduce Coast Drive the width of spaces from ten to nine feet related to the proposed ' development of a new commercial building containing professional office use, and also a height waiver per Section 24- 156 to allow a proposed building height of 32-feet, exceeding the ' 25-foot height limit within the Central Business District and located at the southwest corner of Ahern Street and East Coast Drive(Lots 1, 3 and 5 of Block 1,Atlantic Beach Subdivision) ' This item was taken out of sequence and acted on earlier in the meeting. ' Cornell Two Subdivision B. Approve Preliminary Plat for Cornell Two Subdivision finding the proposed plat consistent with the Zoning, Subdivision and Land Development Regulations and the Comprehensive Plan ' (City Manager) Motion: Approve Preliminary Plat for Cornell Two Subdivision ' finding the proposed plat consistent with the Zoning,Subdivision and Land Development Regulations and the Comprehensive Plan. ' Commissioner Simmons inquired concerning who would be responsible for maintaining the common areas in the development and Ralph Marcello, representing Beaches Habitat, stated that they would be building"land ' condominiums"where the owners actually own their half of the duplex,up to the common wall and the land underneath it. He indicated that the only common area would be the retention pond. Commissioner Simmons also inquired concerning what would happen if someone who did not maintain their property owned half of a duplex. Mr. Marcello responded that Habitat put $35 per month into an escrow account for maintenance. ' Commissioner Waters stated that he was disappointed that Habitat was no longer building single-family homes in Atlantic Beach. Mr. Marcello stated that cost of land and infrastructure improvements was approaching$30,000 per dwelling unit, which brought the cost of a home up to $70-75,000. He ' indicated that with the cost of land, they could no longer afford to build low cost single-family homes. I ' May 24,2004 REGULAR COMMISSION MEETING Pape 13 ' Moved by Beaver, seconded by Parsons Votes: ' Aye: 1 —Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 1867 Beach Avenue C. Discussion and related action in connection with a letter from Dune Walkover Mike Gillespie regarding a dune walkover at 1867 Beach Avenue This item was taken out of sequence and acted on earlier in the meeting. ' D. Review draft language to rewrite Chapter 12, Nuisances, of the Code of Ordinances, and authorize staff to present ordinance ' for first reading at the next Commission Meeting (City Manager) ' Commissioner Waters presented a list of scrivener's errors to be corrected. Following brief discussion, staff was directed to prepare an ordinance to rewrite Chapter 12, Nuisances, for first reading at the next Commission meeting. Proposed regulations E. Review draft language to provide regulations for the ' for construction of docks and boathouses construction of docks and boathouses and authorize staff to present ordinance for first reading at the next Commission Meeting (City Manager) Commissioner Waters requested that marsh front and intracoastal lots be included under Section 4a. ' Staff was directed to prepare an ordinance regulating the construction of docks and boathouses in the city for first reading at the next Commission ' meeting. Proposed regulations F. Review draft language to provide regulations for docking and for docking and anchoring boats and watercraft and authorize staff to present anchoring boats and ordinance for first reading at the next Commission Meeting watercraft (City Manager) ' There was no discussion. ' Staff was directed to prepare an ordinance regulating the docking and anchoring of boats and watercraft for first reading at the next Commission meeting. 1 I May 24, 2004 REGULAR COMMISSION MEETING Page 14 Award contract for G. Award contract for Security Improvements to Access Limited, Security Improvements as per their cost proposal dated May 10, 2004 for the following to Access Limited areas: City Hall Head End and badging system, and Water Plants 1, 2, and 3, in the amount of$96,001.45 (City Manager) Motion: Award contract for Security Improvements to Access Limited, ' as per their cost proposal dated May 10, 2004 for the following areas: City Hall Head End and badging system, and Water Plants 1, 2, and 3, in the amount of$96,001.45. ' There was no discussion. ' Moved by Simmons, seconded by Beaver Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Change Order No. 1 H. Approve Change Order No. 1 in the Country Club Lane Country Club Lane Stormwater Replacement Project in the amount of$4,722 and Stormwater authorize additional funds of$7,722 for the Stormwater Fund as Replacement Project part of the mid-year budget modification (City Manager) Motion: Approve Change Order No. 1 in the Country Club Lane ' Stormwater Replacement Project in the amount of$4,722 and authorize additional funds of$7,722 for the Stormwater Fund as part of the mid-year budget modification. City Manager Hanson reported that he had received more recent figures for the work and they may be able to complete the work within budget,but he ' recommended that the Commission approve the request. The City Manager complimented Public Works Director Carper for his work to lower the cost by using the Insituform process. ' Commissioner Waters inquired about having Comcast move the lines since they were located in the city right-of-way. Public Works Director Carper indicated that Comcast stated they would move the lines, but it would take one to two months. Mr. Carper stated the Stormwater line replacement ' work could be completed in two weeks using Insituform. Moved by Beaver, seconded by Parsons ' Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED I May 24,2004 REGULAR COMMISSION MEETING Paae 15 Byrne Grant I. Authorize the Mayor to sign the application and related ' paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-005 (City Manager) Motion: Authorize the Mayor to sign the application and related paperwork for the Federal Byrne State and Local Law Enforcement Assistance Formula Grant for 2004-2005. ' There was no discussion. Moved by Beaver, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 ' MOTION CARRIED Appointment to the J. Appointment to the Cultural Arts & Recreation Advisory ' Cultural Arts and Committee (City Clerk) Recreation Advisory Committee This item was taken out of sequence and the appointment was made ' following the Cultural Arts and Recreation Advisory Committee Report. 9. City Manager ' City Manager's Report A. City Manager's Report ' City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment B. ' In addition to the written report, the City Manager commented on the following: Reported the city was taking bids for health insurance. He indicated that claims for the previous year were down but the city's insurance provider, Blue Cross/Blue Shield, had not offered to lower premiums. • Reported that Burton and Associates, the company performing the city's water/sewer rate study, had resolved its personnel problems and a new ' analyst from the company would be assigned to the city to finish compiling data for the rate restructuring. The final report will be available in lune. ' It was further reported that water sales had been dropping due to conservation and repairs by large volume users and the rate increase was ' needed to meet the city's bond covenant requirements. City Manager I I May 24,2004 REGULAR COMMISSION MEETING Page 16 Hanson requested Commission authorization to schedule and advertise the public hearings on the rate increase for July. By consensus, the Commissioners authorized the City Manager to schedule and advertise the public hearings for July. ' •:• Reported he authorized emergency sidewalk repairs on Plaza at Skate Road in the amount of$14,000 and for a manhole failure on West 9`h Street and Orchid Street in the amount of$12,000. ' Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney ' Commissioner Beaver • Commended Building Official Ford for his well-prepared statement ' addressing the dune walkover issue. 9 Commented that he thought the Hionides project was a good one,but ' considering all of the negative comments presented based on the lack of parking, he voted against the project. Commissioner Parsons A. Report relative to Public Art (Commissioner Parsons) ' • Reported that the Atlantic Beach Public Arts Commission was waiting for the installation of the statue at the five-way intersection and had put ' the acquisition of additional artwork on hold for now. • Inquired concerning the construction of the wall at 1st and Ahern Streets mentioned under Courtesy of the Floor to Visitors. Chief Thompson advised that the City Code prohibited visual obstructions and he would look at the wall construction. Commissioner Waters ' 9 Inquired of the City Attorney the status of the walkover discussed earlier. City Attorney Jensen responded that it would have to be brought into compliance with the city's adopted plan for walkovers. ' :• Stated he would like to encourage Mr. Hionides to bring back an amended design for his proposed building on Ahern Street. ' Requested that Joel McEachin of the City of Jacksonville be invited to speak to the Commission on ways to protect the Old Atlantic Beach area 1 I ' May 24,2004 REGULAR COMMISSION MEETING Pau 17 through historic preservation. Mayor Meserve suggested that he be invited to a future Workshop Meeting. ' Mayor Meserve Mayor Meserve made the following comments on the Super Bowl: Believed not all Super Bowl fans would stay downtown and felt the beach cities would be mobbed with fans the two days prior to the game. He suggested that Atlantic Beach and Neptune Beach plan an event similar to Dancing in the Street for the Friday and Saturday nights ' before the game, while other venues could take place in designated areas in Jacksonville Beach. ' He noted that the City of Jacksonville had agreed to fund flyovers • of vintage aircraft between 10:00 a.m. and 4:00 p.m. on Saturday. Commented that the city would have to budget overtime for Public Works and Police personnel and should receive funds from Jacksonville to pay overtime. ' + Felt the Mayors of the beach cities should arrange some type of transportation to and from the beach so those attending would not have to try to find a parking place. Ci Mayor Meserve believed the beach cities needed have a definite plan ' and then take the plan to the City of Jacksonville with a request for funding to help with the added costs. ' Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:20 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk 1 ' AGENDA ITEM#3A JUNE 14,2004 STAFF REPORT ' City of Atlantic Beach Commission Meeting AGENDA ITEM: Intersection of I"Street and Fastcoast Drive DATE: June 7,2004 ' SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: Original Complaints: At the last City Commission meeting, several residents on I" Street ' expressed their concern relative to a wall/fence that was under construction at the northwest corner of Eastcoast Drive and 1" Street. They contended that the new wall/fence was obstructing the visibility at the intersection such that they could not safely enter the ' intersection. As a result of the complaints,the police department examined and evaluated the intersection, ' from all streets,to evaluate the visibility and safety at that location. A daylight review from a Chevy Sport Utility Vehicle did not reveal any problem with visibility. However,an evening review from a Pontiac Grande Am provided a different perspective. From the smaller car, it ' was determined that the visibility was so limited that it created a safety hazard. The police department contacted public works immediately to erect two(2)additional stop ' signs,making the intersection a four(4)way stop. This action would provide an immediate mechanism to reduce the hazard at that location. It is also significant to note that this decision was not simply based on the wall/fence that was constructed on the northwest corner. The decision also considered the limited visibility on the southeast corner of the intersection. Existing Problems: There is a pre-existing wall and landscaping on the southeast corner that significantly limits visibility. If a westbound motorist approaches the intersection on 1" Street and stops at the stop bar,then the visibility to the south is inadequate to safely enter the intersection. The motorist will need to slowly move up and into the intersection before being ' able to clearly see traffic northbound on Eastcoast Drive. By the time a motorist reaches a point where they can observe the northbound traffic, the front end of the vehicle to is dangerously close to the traffic lane(depending on the design of the vehicle). ' The new wall/fence on the northwest corner virtually mirrors the wall/fence on the southeast corner, except that the new wall is actually lower. Relative to the new wall on the northwest ' corner,the wall obstructs visibility at the intersection. Similar to the pre-existing wall, it requires motorists to stop at the stop bar,and then slowly move into the intersection while trying to get a better view of traffic. However,the new wall has a sidewalk that provides ' both an advantage and disadvantage. The advantage is that it provides an area of several feet for a motorist to slowly move into the intersection until traffic may be adequately observed. The disadvantage is that the motorist is required to pull out where the sidewalk is blocked to ' see the southbound traffic. This can present other problems. AGENDA ITEM#3A JUNE 14,2004 In addition to the wall,the parking at the new house on the northwest corner creates an additional problem. With the current parking at the site, motorists are not going to be able to clearly observe southbound traffic at the intersection. A concrete driveway and parking space was created immediately adjacent to the wall. If any significant size vehicle is parked ' at that location,then the visibility at the intersection is severely limited. With or without the wall, it will not be safe for eastbound motorists on 1" Street. ' Legal Issues: The decision to placing traffic controls on Fastcoast Drive requires City Commission approval. In a fairly obscure ordinance originally passed in 1967 and modified in 1987, Eastcoast Drive was identified as a"Through Street" Although it is not clearly ' explained in the ordinance, it has been interpreted in the past to require City Commission approval for the addition of traffic controls.For this reason,the decision as to whether or not to make 1"Street and Eastcoast Drive a four(4)way stop is a decision for the City ' Commission to make. Since this action will actually change a city ordinance,the action necessary to change it will require a city ordinance. ' It is also noted that this section of the code has not been modified in the past when traffic controls were added to"Through Streets", including traffic controls specifically added by the City Commission. Regardless of the decision in this matter, this section of the code needs to be updated or eliminated. Additionally, it should be noted that the plans for the construction of the wall and the parking ' places were submitted to city staff where they were reviewed and approved. The contractor and owner followed the prescribed procedures for the construction at the site. The impact of these structures,on the visibility of traffic,was not evident from the plan review. These problems have only become apparent after the wall and parking areas were erected. Several Possible Choices: As in many cases,there are a number of possibilities for action including, but not limited to: ' I. Leave the stop signs at l9 Street and Eastcoast Drive,keeping it a four(4)way stop. This is an inexpensive way to alleviate the safety concerns at the southeast corner and ' the northwest corner. Similar to the intersection at 6th Street and Eastcoast drive, requiring the traffic to stop will eliminate the hazard created by the existing wall,the new wall,and the new parking place. However,the additional stop signs will inconvenience thousands of motorists each day who travel through this intersection. It will also increase the noise and air ' pollution at the intersection as a result of the stopping and accelerating vehicles. 2. Remove the new stop signs after requiring the removal/modification of the new wall ' and the relocation of the parking place. This would eliminate the visibility problem for eastbound traffic on 15`Street. Relative to the pre-existing wall on the southeast corner, there are some legal questions relative to requiring the removal or ' modification of the pre-existing wall. When this wall was constructed,there was no clear, legal mechanism to preclude it from blocking visibility at the intersection. ' This would not address the problem that exists as a result of the pre-existing wall and landscaping on the southeast corner. Additionally,the City may be required to pay for 1 AGENDA ITEM#3A JUNE 14,2004 1 the modifications to the site since the original plans for the site had been approved 1 through established channels. It is also possible that legal litigation could result from this action. 1 3. "Doing nothing" is a possible response,but probably not a realistic choice. Although traffic can make adjustments and negotiate the intersection as it is currently constructed,the safety hazard is significant. 1 Summary: 1 It is unfortunate that the design of Eastcoast Drive provides very little right-of-way to buffer the effect of construction and landscaping on private property. This is evident at a number of 1 intersections on Eastcoast Drive. Under the city code,no one is allowed to build a wall/fence that obstructs visibility at a non-signalized intersection. However, in this case,due to the existing limitations on the southeast corner,a four(4)way stop is recommended to enhance 1 public safety at that intersection. Regardless of the specific action taken in this matter,the city code needs to be modified and 1 updated relative to traffic and parking regulations. The Police Department has been working on this for several months,and the recommendations will be brought to the City Commission within the next few months. 1 BUDGET: 1 RECOMMENDATIONS: Due to the existing limitations on the southeast corner, a four(4) way stop is recommended to enhance public safety at that intersection. 1 ATTACHMENTS: Ordinance#75-67-2 Ordinance#75-87-6 1 Section 24-157 Allowable height and walls REVIEWED BY CITY MANAGER: _ AGE A ITEM NUMBER: 1 i 1 i AGENDA ITEM#3A JUNE 14,2004 ORDINANCE NO. 75-67-2 ' r AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 75-58-1, BEING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ' ORDINANCE FOR REGULATING THE MOVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITH-7 IN THE CITY OF ATLANTIC BEACH, FLORIDA.. " BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION I. That the schedules of designated streettsdistricts and zones, referred to and embraced in and by the dinanee ' adopted by said Ordinance #75-58-1 are hereby declared to be as follows, and Section 2 of said Ordinance #75-58-1 is here- by amended accordingly: ' FLORIDA MODEL TRAFFIC ORDINANCE ' Insert for Section 194 SCHEDULE I fila SPEED LIMITS - Beach Avenue 15 MPH At All. Times tSeminole Road 25 MPH At. All Times ' Mayport Road As established At All Times from time to time by Florida State Road ' Department SCHEDULE II ' ONE-WAY STREETS AND ALLEYS - IStreet Direction, of Traffic North side of Plaza between ' East Coast Drive and Sherry Dr. West South side of Plaza between East Coast Drive and Sherry Dr, East r East side of Selva Marina Drive between Seminole Rd. intersection North to City Limits North 1 AGENDA ITEM#3A JUNE 14,2004 - IPage 2 ORDINANCE NO. 75-67-2 it- Model Traffic Ordinance Insert - Schedule II Continued - West side of Selva Marina Drive between Seminole Rd, intersection north to City Limits South SCHEDULE IIS THROUGH STREETS - Street Portions Affected Mayport Road All Ocean Boulevard All East Coast Drive All ' Sherry Drive All SCHEDULE IV Parking prohibited at all times on certain streets - Name of Street Portions Affected Ocean Boulevard East side from Atlantic Blvd. north to Ahern Street East Coast Drive Atlantic Boulevard north t0 11th Street ' crBVDULE VI ' Parking time limited On certain streets - Street or District Time ' North side of Atlantic Blvd. from Ocean Blvd. west to East Coast Drive 30 Minutes West side of Ocean Boulevard from Atlantic Boulevard north to Ahern Street 30 Minutes 1 North side of Atlantic Blvd. from Sherry Drive to a point 100 feet west of Sherry Dr. 15 Minutes I AGENDA ITEM#3A JUNE 14,2004 ORDINANCE NO. 75-67-2 PAGE 3 SECTION II. This Ordinance shall become effective immediately ' upon its passage. * * * e a Passed by the City Commission on first reading on March ' 27, 1967. Passed by the City Commission on second and final reading on April 10th 19E7. Attest: Adele S. Grage City Clerk (SEAL) 1 This is to certify that the above ordinanoe was posted 4-- l 1 at the City Hall following its final passage on - /O-67 ' Ade City Clerk I 1 I AGENDA ITEM#3A JUNE 14,2004 I �^N ORDINANCE NO. 75-87-6 I AN ORDINANCE AMENDING ORDINANCE NO. 75-67-2, BEING AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING TEE I FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING THE MOVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING SECTION 1, SCHEDULE III, TO AUTHORIZE TEE I PIACF2€NT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON OCEAN BOULEVARD AND EAST COAST DRIVE; PROVIDING AN EFFECTIVE DATE I BE IT ORDAINED BY THE CITY. COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: I Section 1. Ordinance No. 75-67-2, Section 1, Schedule III is hereby amended to read as follows: FLORIDA MODEL TRAFFIC ORDINANCE ISCHEDULE III I TROUGH STREETS Street Portions Affected I "' Meypert-Reed All Ocean Boulevard All, except four-way stop signs at ' Ahern, Seventh Street, Tenth Street I and Sixteenth Street East Coast Drive All, except four-way stop signs at I Seventh Street, Tenth Street, Eleventh Street and Seminole Road Sherry Drive All, Atlantic Boulevard to Seminole ' Road Seminole Road - All except Plaza and intersection with Eighteenth and'Saturiba I SCHEDULE IV IParking prohibited at all times on certain streets Name of Street Portions Affected I Geese-Boulevard ' Bast-8#de-€ren-AEIanf#e-Boulevard nerth-te-AheEn-Steeety East Coast Drive Atlantic Boulevard north to Eleventh ' Street I I 1 AGENDA ITEM#8A JUNE 14,2004 1 I r Section 2. This Ordinance shall become effective immediately upon its adoption. * * * * * * * * * * * * * 1 Approved by the City Commission an first reading April 27, 1987 Approved by the City Commission on Second S Final reading May 11, 1987 1 illian S. Howell, Mayor, Presiding Officer Approved as to Form and Correctness: aL. Nuliis. cit- Att. ey ATTEST: 1 'A le Adelaide R. Tucker, City Clerk i 1 i 1. 1 " 1 1 AGENDA ITEM#3A JUNE 14,2004 Sec. 24-157. Allowable height of fences and walls. ' (a) Within required front yards, the maximum height of any fence or wall shall be four(4) feet. ' (b) Within required side or rear yards,the maximum height of any fence or wall shall be six(6) feet. (c) On corner lots, no fence, wall or landscaping, exceeding four (4)feet in height, shall be allowed within ten(10) feet of any lot line which abuts a street,provided, however, that clear vehicular and pedestrian sight distance shall be maintained at any street intersection. ' (d) The height of fences and walls shall be measured from grade to the top of the fence or wall. Where a fence or wall is erected at the junction of properties with varying ' elevations,the height of the fence or wall shall be measured from the side with the lowest elevation. The use of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is prohibited. (e) The maximum height of retaining walls on any lot is four (4)feet. A minimum of forty(40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. (Ord.No. 90-03-184, § 2, 12-8-03) 1 1 I 1 1 1 ' AGENDA ITEM#4A JUNE 14,2004 co et ! Z O n O N In (n b 0 0 m CO � ml �i., CO N m 0 .1-/ a a 0 Pot.Q1-- t. z "1 ' n IO CO N w Y z 1 12. 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Nffi n h mn2m '� `'° N O 0 ^ 0 ' i i i m m _ orvmnmm nmm Erg Vn8 22 soa a aF v� ' N S 8 4 4 e orvnm2ry ryg IN ry iergg o R O 0 0 ' L 0o rvnnn rvf i i S. i t oo - znrvnea - v m° a a � 4 ' ry c"- R; 2< OO" f4 RRry R $ w O G ^ 0 F f ti ' = i i t OarvrvVW mS -. °2P74 _ R2 Pm ry — o a' 4 4' a e m 1 i ry ry C O 1 f 1 z w I z m w z I mp a s Vpii i, z ¢ � p 2 LL � a WOE `4 i a A aas m E I Owg2 yi g 8 f u E E u 8' g n € O n n m o & ~ z w fq ' in na) I SLL aO1 m 3 A2 52 � "-1 ne arc S $ $ 6 m U L E " a o V o ere T i 0 ° m o w _ i` 1 ' E a a _ s` 1_45• 4 o cD U d a - ° E w I0 r 2 a� a -' a U ' sn.ws_i-:a AGENDA ITEM#4A JUNE 14,2004 ' nmzo- :o 8 V 2 3 ' ooan z-<M S A m A S I ,„00010 883 9S - era 322 m 1 03 3°R _ re-5- _ n n Iw..Ea Om - rt. 00, na„ SS�G � _ m ace mnn I �H0 ' / nm eeo . r 0.°11° ^ ' E ,ss 'Dm:: a m. nim 2 �� re�"G -m ry aG —r. - = so'„., - m ..m Ii .,00,0 .mrn rvnn _mm n ' 000 000 m m a n m 2;4 n0u 1000vee 0 r emm n� ' 000W 2-2 c e. R-� mN n8 ' 40000 °° .� 0 -�. -ry -- 'uj' iv, .gig zoo 4-�3 5u 5W 5u o° 5u° I A /I A I I I . 1 1 . ) ; \ \ \ ` } ! }0 - \ \ }{— ; Coj . . . §l 2 I 04 MmU M. 8 <} 6( ( \ ;{ 0 0 (Li41Ct NO 2 -0 22 \ \ ( /( )\ R ) \ ] ! (\ j§ [ Co Co li° ! . il ! \ ) r , § ACe, ; ; r ! , ,`: ;PO , ' } ; ; l „ ) , ] / ` . _: ; I C(4 , / r. ; . : ! L ; ! ! ! ! , ! �; ) , - ! . . :, l04( - . : ; , ; ., ) z C\ ! ! ; § . r ,. ,.F- ,., ; > 8 , : . , : .\ : la; g; © 4: 04 i2 - : i §, {;| 1. :! • > t, ,; N . 04 _, ;, „ ,! . . , : _ : . [TI- 4 . , : ,.; ,,Cd ,]. A,; ,,,( .I . . .E, z1: ` ; „! ._C ,,,. .; . ,., ,., ,] _„ , ; _ ;�} ) } \1! _.! !H6 ; l :!; 6‘7A _:; ,,. ,. 4,1\ \ 0 : \ §; :6 \ ] ±! ! . , 6” } O ! : : . N J; { - 0 . , w. . , , ,) , ,. 28182; ,,, ,,, ,,, ,,, ,,, , , ,,; _!: : RE / C)a In!, / . : : ( ; : § : ci) c a OC4 ; . j . Co( LI:e h 1 e .;) NZ-2 Co jH \) §0 \i ) 2 ) ) ) \( ( 01 \] \[ G] /) ji ;> Er: ;>, ;.: C. S, !y, ;„ :i= !i; :j� ` :; ,._ !., , ,. ,� ,� . .;. !: !;) ;!§ ;_} 4 !)! ::; X (4 :Ir F- !:; ',Jr)!; !!; :;; !Z; } ;: !.. :;. .:; :; „_ !;. llr ,.r ;:; ;.. ,.. :;; ,:; ,_, I.. | ! . \ AGENDA ITEM#4A JUNE J4,2004 1 1 1 1 ' 0 • 1 1 1 B" 2m ' 4 0 mOmm o Fw oP Z z 0 WOW 4 1 Ne° � m _ E. 4 n\40 ma £ Tj 4 -, ' i,1 F m 11 4 f E 2 0 FFU O U4 4 4 hj F U RpW K .1 Ni P Obi 4, 1 FryF C 0 - Z 4 g a o 2m f2 8 C IFN 2 ' m,U..4 rJ 22 4A- 204 MOF 2 ; hg 2 4 SC e> O ' -0 .222 aa. 1-m2 -m 2 ' m 2 41 Fa14 ql 44 0 Ia. 0 a ' AGENDA ITEM#4A JUNE 14,2004 I City of Atlantic Beach, Fl. IUtility Sales Report < ., x' .....: .. . 'xrx e .: . .m*a r. .�F, -Z, 1'1 ..$7,- .nw*t..e _ .,.,.... ,`:fib I May 2004 Ma 2003 �¢ ro� l «':e5 '"'" y?afrt ' �. ? ' Gallons Actual Revenue Gallons Actual Revenue I Water Sales Accounts (000) Revenue Per 1,000 al Accounts (000) Revenue Per 1,000gI ;R:Aa:1.> Rt . '�+,A. ,., c_.: .„L " i tAi}2.r " 40,;(2xasz,e Rot .e.,.`"" ,.,.', at1, ...r.... ' Atlantic Beach 5,525 54,462 $105,948 $1.95 5,376 52,174 $99,804 $1.91 Buccaneer 2,546 28,523 $64,459 $2.26 2,603 31,885 $70,639 $2.22 Total Water Sales 8,071 82,985 $170,407 $2.05 7,979 84,059 $170,443 $2.03 ' .T7:;zrfir., ... a,r. "x :„;'`,,:3 ,,,,J, VF: wt'.': " 31, 1; ". 4 rt`'. . ; :;. =,w73251;''.. _Water Plant Production I . ,.� ,jh , �'t,..� ,r' }xx :.r t a.r 't 'yt°'.m".Gallons x'1q. .. i' g-s:. .0=... ..,.w._. ..d � n +c 4xa Gallons Gallons (000) (000) ' Atlantic Beach 78,092 69,747 Buccaneer 27,545 37,888 Total Production 105,637 107,635 ITotal Water Billed 82,985 84,059 ' Water Loss for month: 22,652 23,576 Percentage Loss 21.44% 21.90% ' Total 12 mc.Avg. Loss 14.85% 13.76% IGallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000gI Accounts (000) Revenue Per 1,000gl ' Atlantic Beach 4,919 38,580 $152,466 3.95 4,847 39,306 $152,728 389 Buccaneer 2,441 26,818 $128,378 4.79 2,494 30,450 $137,282 4.51 ' Total Sewer Sales 7,360 65,398 $280,844 $4.29 7,341 69,756 $290,010 $4.16 ' Z..74.:,.4: ::4'.: 2,3,(3t..;3;.... z3ca.t' :u 54 r-,i. .:.`.aaat ,at;;;:g :t .a;s: 2V Sewer .., Tre.,.atment � Waz p . }$ $ Yrti `#4n#.1 tf S. .gy »' 7..-; :0:::.........,::.: :-.., . .« .. • S.,.. .x ' Millions of Gallons 74.60 76.79 ' Rev. per 1,000 Gallons $3.76 $3.78 AGENDA ITEM 8413 JUNE 14,2004 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING ' STAFF REPORT AGENDA ITEM: Annual Contract for Mosquito Control SUBMITTED BY: Rick Carper, P.E. /t-C Public Works Director DATE: May 19, 2004 ' BACKGROUND: The current contract for mosquito control expires on June 30, 2004. We have contacted Mr. David Miller, Owner of Nature's Way Natural Pest Control, Inc., and he has agreed to extend the ' - contract for another year at the current prices. The City has the option of extending the current contract for two (2) one (1)year periods and this proposed extension will be the first. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: Letter signed by Mr. David Miller, Owner of Nature's Way Natural Pest Control, Inc., agreeing to the extension. ' BUDGET: 03/04 Budget 001-5002-562.34-01 $25,000.00 Amount expended/obligated (5/24/04) $ 3,900.00 REVIEWED BY CITY MANAGER: 1 1 1 1 AGENDA ITEM tt4B JUNE 14,2004 1 �?StJfl DEPARTMENT 1200 SANDPIPER WAC WORKS t9 .17 BEACH,FLORIDA 32233-4318 Ak-. ttl TELEPHONE:(904)247-5834 ) FAX:(904)247-5843 SUNCOM:852-5834 http://ci.atlantic-beach.Il us 1 —VA 1 May 14, 2004 David Miller Owner Nature's Way Natural Pest Control, Inc. 226-A Rosco Blvd. 1 Ponte Verdra, Fl. 32082 Dear David Miller: 1 As you are aware,the contract with the City of Atlantic Beach for mosquito control expires June 30, 2004. We would like to extend the contract for another year at the current prices, if this is 1 acceptable to your company. If acceptable,please sign below and return to me before June 1, 2004, so I can prepare a staff report for the City Commission to accept the extension. iWe look forward to recommending that we continue our contract with your company. 1 y Phil Nodine 1 Streets and Maintenance Division Director 1 1 1 NATURE'S WAY PEST CONTROL, INC. AGREES TO EXTEND THE CONTRACT FOR ONE YEAR FOR THE SAME PRICE STARTING JULY 1,2004. rc {/t 05/ 14 0 David Miller, Owner Date 1 1 ' AGENDA ITEM#4C JUNE 14,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT tAGENDA ITEM: Authorize the Mayor to sign the Application for Revenue Sharing 2004-2005 DATE: May 21, 2004 ' SUBMITTED BY: Nelson Van Liere, Finance Director BACKGROUND: The submittal for the Application for Revenue Sharing ' 2004-2005 State Fiscal Year is required by Sec. 218 of the Florida Statutes in order to be eligible to participate in revenue sharing. Section 218 of the Florida Statutes states: ' "It shall be the duty of each agency and unit of local government required to submit certified information to the ' Department pursuant to the administration of this part to file timely information. Any unit of local government failing to provide timely information required pursuant to the administration of this part shall, by such action, authorize the Department to utilize the best information ' available or, if no such information is available, to take any necessary action, including disqualification, either partial or entire, and shall further, by such action, waive any right to ' challenge the determination of the Department as to its share, if any, pursuant to the privilege or receiving shared revenues under this part." This application certifies that the City has fulfilled certain administrative requirements set forth in the statutes and tincludes signatures of the appropriate officials. BUDGET: No Impact. RECOMMENDATION: The staff recommends that the City Commission authorize the Mayor to sign the Application for Revenue Sharing for ' 2004-2005. ATTACHMENT: Application for Revenue Sharing 2004-2005 t Reviewed by the City Ma egagarti._. IAGENDA ITEM F4C JUNE 14,2004 FLORIDA DR-700218 Application For Revenue Sharing 2904-2005 State Fiscal Year R.04/04 (Chapter 218, Part II Florida Statutes) 1 `r A DEPARTMENT OF REVENUE Application must be received by the Department of Revenue prior to June 30, 2004 ' Please TYPE or PRINT all entries except those requiring a signature. IPart One Name of County I OR Name of Municipality City of Atlantic Beach County Duval ITelephone Number ( 904 ) 247-5800 IFax Telephone Number ( 904 ) 247-5877 Mayor or Chairman of Governing Body Mayor John S. Me serve ' Chief Fiscal Officer Fredrik N. Van Liere, Finance Director Official Mailing Address 800 Seminole Road, Atlantic Beach, Fl. 32233 I ICheck here if the address represents a change from the previous application. Federal Employer I.D.Number (required for new participants only). Part Two I To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined ins.218.21(7), F.S., for any fiscal year, a unit of local government is required to have fulfilled certain requirements set forth in s. 218.23, F.S., including certification requirements. Signatures by the appropriate official in the signature blocks, where applicable, shall constitute fulfillment of the certification requirements set forth ins.218.23. F.S. IConsistent with the requirements of s. 218.23, F.S., has the applicant: ' Note: Question 1 and 2 pertain to financial audit requirements. If a financial audit was required, report on the most recently completed audit period. Fiscal year ending 09/30/02 will be sufficient for this purpose. ' 1. Reported its finances for its most recently ccompleted fiscal year to the Department of Banking and Finance, pursuant to s.218.32, F.S.? I �DC Yes No 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? Iyy Yes No December 5. 2001 Date of Audit Report AGENDA ITEM#4C JUNE 14,2004 ' DR-700218 R.04/04 Page 2 3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue ' equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., RX Yes No OR In order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from the county pursuant to s. 125.01(6)(a),F.S.; ' (B) collected an occupational license tax; (C) collected a utility tax; ' (0) levied an ad valorem tax; (E) received revenue from any combination of these four sources? ' Yes No ' 4. Certified that: (A) Law enforcement officers,as defined ins. 943.10(1), F.S., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission? ' xx} Yes n No ' (B) The salary structure and salary plans for law enforcement officers meet the provisions of Chapter 943, F.S.? txR Yes n No (C) All law enforcement officers, as defined ins. 943.10(1), F.S., are compensated at an annual salary rate of ' ---- -six thousand dollars ($6,000) or more? ® Yes No ' [If the answer to (C) above is (NO),please state in an addendumto this application any reason you may have for waiver of such requirement(one of which must be that you are levying ten (10)mills of ad ' valorem taxes).] Signed: � Date: v/Z—o/T ' Appropriate Law Enkrcem t Officer !! [If you have no police department, etc., please check the block to the left side.] AGENDA ITEM#4C JUNE 14,2004 DR-700218 R.04/04 Page 3 5. Certified that persons in its employ as firefighters, as defined ins. 633.30(1), FS., meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the provisions of s. 633.382, F.S. are met? Yes No Additionally, please answer the following: (A) Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree Is not required for their current position? Yes No (B) if so, are these firefighters currently receiving supplemental compensation for those degrees? Yes No Does Not Apply Signed: Date: Appropnate Fire Official xx I [If you have no fire department or if you have a strictly volunteer fire department, etc., please check the box to the left side.] 6. Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 218.39(1), F.S.? Yes l No Does Not Apply Signed: 77 fCor./ Date: .5/2o/ay Chef Fiscal Official 7. Certified to the Department of Revenue that the requirements of s.200.065, F.S., if applicable,were met? (The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing ' a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part,would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.) Signed: vim, �1-�-�.� Date: 51/4%y Chiel Fiscal Official 1 AGENDA ITEM#4C JUNE 14,2004 I ., DR-700218 R.04/04 Page 4 , Part Three II hereby certify that all of the foregoing information is accurate and true to the best of my knowledge. 1 further certify that I will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to provide timely information required, pursuant to the administration of this Act shall, by such action, authorize the IDepartment to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to Ithe privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as set forth above? ' tyg Yes No If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue Inecessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. I . Signed: `7-7 Ua-Y, 7 Date: 3/ao/y Chief Fiscal Official Signed: Date: IMayor or Chairman of Governing Body IMail completed original application to address shown below. FLORIDA DEPARTMENT OF REVENUE REVENUE ACCOUNTING SUBPROCESS I PO BOX 6609 TALLAHASSEE FL 32399-6609 I I 1 I I ' AGENDA ITEM#4D JUNE 14,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 2003 Water Quality Report ' SUBMITTED BY: Donna Kaluzniak, Utility Directogla/w, DATE: June 4, 2004 BACKGROUND: Copies of the 2003 Water Quality Reports for the Atlantic Beach and Buccaneer Districts are provided for the City Commission's review. The Department of ' Environmental Protection requires the reports to be mailed to customers by the first of July every year. ' The City is required to test for over 80 drinking water contaminants, but the only ones included in the report are those that were detected. As shown, those detected were within the levels allowed,with the exception of one bacterial sample. Due to a late notification by our contract ' laboratory we were unable to resample within the required 24-hour time period, however,the subsequent samples showed no contamination. We have since changed to a different laboratory for bacteriological testing. ' The Environmental Protection Agency(EPA)required the City to test for a number of ' unregulated contaminants. Testing for these constituents, for which no standards have yet been established, is required to help EPA determine whether or not they need to be regulated. Because staff collected samples for one of the contaminants,Perchlorate, from the wells instead of from ' the entry point to the distribution system, we must re-sample for that parameter in June and December of 2004. ' BUDGET: A total of$3,000 is budgeted in the Water Fund for printing and mailing the reports, under account numbers 400-5502-533-4200 and 400-5502-533-4700. RECOMMENDATION: No action necessary. The report is provided for information only. ATTACHMENTS: 1. 2003 Water Quality Report—Atlantic Beach District 2. 2003 Water Quality Report—Buccaneer a istrict REVIEWED BY CITY MANAGER: 411111. 1 1 w e' w o o y p y m o x °o 51$ ' a r5o f7 m .�` 4) s v'-O n `� �'< tot, ag . t-) —w � a ^ '_• n o S. w 6 Eil a o c, m < �_ fi c6 ° a a Co cc 0 3 2 Q.' 0: 'S m ° "' o, a ti g. d 2 a' O E . 0 F. c n �w wgn o 8o<, .nn. . o. m oa en a � '3, - 0SLc °- `i a ^ 2. �, 6'- aOmo ° � 5'�2 Fns < 5'vv moo m ". w • °flat o v -. 1:1 E; 00 �' w � E' a a0 rt c. 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F9 €.S6Ug -8 Ce mut $b RE 2.90 2641 3 9 16 li 13S1 ' § " y• sy.i .st2 i f f g ;61 g! a 3 -.` na H. c =s3 E ' � i c= E :32 fi 131310411 a y3 9 16-y1 5 3 = @.9 E F5 1 1 7: agegy au 0..9 - .12' pp s at g t .. e r i r-4 y al 3 , E a 4 --4 rizt ata S E a L m "g 9ii 1 'x.27, 3' c m '0 3 ,2 '' Y 'em ' 3 ro._ = to E-r2 '3'12 , o g3 en „'s ...9" < al§ 9 E "- .? g. fe - 4:1 6fr. l'c . 8 51 JIIIH 9 $EaZShS3 - 21;2 <i" i ca f �^� U ro =3 € gates z"�8a I AGENDA ITEM#4E JUNE 14,2004 I CITY OF ATLANTIC BEACH I CITY COMMISSION MEETING STAFF REPORT I ' AGENDA ITEM: Uniform Rental and Cleaning for City Employees ' SUBMITTED BY: Rick Carper, P.E. DDirector /// ector of PublicWorks 111 DATE: June 3, 2004 ' BACKGROUND: In accordance with the Northeast Florida Public Employees' Local 630 Agreement with the City,we are required to furnish and clean I uniforms for City bargaining unit employees required to wear uniforms. I The City's current contract is with Cintas Corporation. The contract expires on July 31, 2004. Bid number 0304-17 was opened June 2, 2004 at 3:00 PM. There were two bidders, Cintas ' Corporation and G & K Services. Description Cintas G &K Services I Short sleeved shirts 65/35 poly. cotton 2.00 2.00 ' Long sleeved shirts 65/35 poly. cotton 2.00 2.00 Short sleeved shirts 100% cotton 3.00 3.00 ' Long sleeved shirts 100% cotton 3.00 3.00 Pants 65/35 2.35 2.35 -11 Pants 100% cotton 3.25 3.00 Shirts, safety for welding 3.00 3.00 ' Pants, safety for welding 3.25 3.00 Shorts 65/35 Rental 2.00 2.35 Shorts 65/35 Purchase 13.50 11.25 IJackets, waist length,logo (purchase) 28.99 25.00 ' AGENDA ITEM#4E JUNE 14,2004 1 ' Jackets, hip length, logo (purchase) 28.99 26.00 Prep charge .50 .75 Name emblem charge .50 N/C Company emblem charge 1.00 N/C ' Normal repairs, all items N/C N/C Unreturned 65/35 pants 10.00 11.05 ' Unretumed cotton pants 12.00 16.00 Unretumed blend shirts 9.00 10.00 Unreturned cotton shirts 11.00 11.00 Other(e.g. Ecological Fee) N/C 4.95 Grand Total 139.33 139.70 Average Unit Prices $6.63 $6.65 RECOMMENDATION: Award the contract to Cintas Corporation for one year starting August 1, 2004. BUDGET: This is the same rate as last year's contract and is budgeted in the ' 4400 accounts of several departments: Streets and Maintenance, Stormwater,Water Production, Sewer Treatment,Water Distribution, Sewer Collection, Parks and Recreation, ' Beautification and Finance. The annual cost for this contract will be approximately$10,000. ATTACHMENTS: Bid Tabulation Sheet REVIEWED BY CITY MANAGER_� 1 I AGENDA ITEM#4E JUNE 14,2004 I I 1 2 a 0 oN 1 i, YO ID .E X X X x x X X Xto tow En I 1 m M O DO w co C X X X X X X X x w n U = Q EE wa 1 en z E 1 L N C NN 1 m U O T U LL O C c N Z NQ Q Z 1 C `o 01 E 2 U w m U ¢ En x a I F v m c Z E Uo UO d 2 0 c m 1 EY O E a m w v LL cr C N co Z O a d w Ce m w v Q 1ovd0oto ol ci C E w T Ury W no U U U d' c U U E m 1 .n N O y _O N E ? U I- c , y CO Y d nj ' tad a U a _ 1 co o N =0 to m0 � v2 cE # E c c m T Ea n..- 2. c J m m L O 2 r° O P an o N O 0) F 0 0 01 0 Q 1 I I AGENDA ITEM ft7A JUNE 14,2004 ' ORDINANCE NO. 20-04-64 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE ' CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. ' WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS,the nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time. ' NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2003/2004 Final Budget be amended as follows: General Fund Revenues: Miscellaneous Revenues—F.L.O.C. Banquet Reimbursement 4,300 insurance Reimbursements 10,500 Reimbursement from City of Neptune Beach—Town Center 13,000 ' Total Revenues: $27,800 Expenses: Public Works Streets Division Operating Expenses ' Contract Services - Town Center Maintenance $23,600 Fleet Maintenance Operating Expenses Non-Contract Services 10,500 General Government Non-Departmental Operating Expenses Other Current Charges 5,250 Transfers—Out Transfer to General Employees Pension Fund <15,000> ' Transfer to Police Employees Pension Fund <15,000> Transfer to Storm Water Utility 57,500 Total Expenses: $66,850 ' Change in Fund Balance - $39,050> ' General Employee Pension Fund Revenues: ' AGENDA ITEM#7A JUNE 14,2004 1 ' Transfers—In from General Fund <$15,000> Change in Fund Balance: <$15,000> Police Employee Pension Fund ' Revenues: Transfers—In from General Fund <$15,000> Change in Fund Balance: 415.000> ' Community Development Block Grant Fund Revenues: Federal Grant Proceeds $38.158 Expenses: Operating Expenses: ' Aid to Private Citizens $28,071 Capital Outlay Improvements Other than Buildings 10.087 Total Expenses: $38,158 Change in Fund Balance: $o ' Half Cent Discretionary Sales Tax Fund Revenues: Federal Grant Proceeds—F.I.N.D. $59,093 Expenses: Capital Outlay City Hall Expansion $113,450 Town Center Phase III 11,000 Total Expenses $124,450 Change in Fund Balance: <$65,357> 1 Storm Water Utility Revenues: ' Transfer—In—from General Fund $57,500 Expenses: Contract Services $57,500 Change in Fund Balance: $0 t ' AGENDA ITEM#7A JUNE 14,2004 1 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of May , 2004. Passed by the City Commission on second and final reading this day of June, 2004. John S. Meserve Mayor/Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Maureen King, CMC City Attorney City Clerk I 1 1 t I 1 1 AGENDA ITEM#7B JUNE 14,2004 ORDINANCE NO. 25-04-36 ' AN ORDNANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8 FLOOD HAZARD AREAS TO COMPLY WITH REQUIREMENTS OF THE NATIONAL ' FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. Chapter 8, Flood Hazard Areas, Article III, Flood Hazard Reduction Standards, Sec. 8-33, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended ' to read as follows: Section 8-33. Standards for streams without established base flood elevations and/or floodways ' (a) When base flood elevation data or floodway data have not been provided in accordance with Article 1, Section 8-7,then the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer the provisions of Article III. ' (b) In special flood hazard areas with base flood elevations(Zones AE) but without floodways, no encroachments, including fill material or structures, shall be permitted unless certification by a registered professional engineer is provided ' demonstrating that the cumulative effect of the proposed development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by ' (c) technical data that conforms to standard hydraulic engineering principles. In special flood hazard areas without base flood elevation and floodway data, new construction and substantial improvements of existing structures shall have the 1 lowest floor of the lowest enclosed area(including basement) elevated no less than two (2) feet above the highest adjacent grade at the building site. A minimum finished floor elevation of one(1) foot above the crown of the road of the nearest adjacent roadway shall be maintained in all flood zones. ' No equipment, including furnaces, utilities, ductwork, etc. shall be allowed below the base flood elevation plus the designated free board. 1 Section 2. This ordinance shall become effective immediately upon its final passage and adoption. AGENDA ITEM#7B JUNE 14,2004 Passed by the City Commission on First Reading Passed by the City Commission on Second and Final Reading JOHN S. MESERVE Mayor, Presiding Officer ATTEST: iMAUREEN KING City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 1 1 Page Two Ordinance No.25-04-36 ' AGENDA ITEM#7C JUNE 14,2004 t ORDINANCE NO. 95-04-87 ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 13 OFFENSES; BY CREATING A NEW SECTION 13-13 `REGULATION OF FIREWORKS;" SETTING FORTH REGULATIONS FOR THE POSSESSION ' OF FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE ' OF THE CITY OF ATLANTIC BEACH. ' Section 1. That a new Chapter 13, Section 13-13 "Regulation of fireworks"of the Code of Ordinances of the City of Atlantic Beach, Florida, be created and shall henceforth read as follows: tSection 13-13 Regulation of fireworks ' (a) Definitions. For purposes of this section, the following definitions will apply: (1) Division—means the Division of the State Fire Marshal of the Department of Financial Services. (2) Explosive compound—means any chemical compound, mixture, or device ' the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. ' (3) Fireworks—means and includes any combustible or explosive composition or substance or combination of substances or, except, as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. The term includes blank cartridges and toy cannons in which explosives are used, firecrackers,torpedoes, skyrockets,roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance; but excludes starter pistols and toy cannons used during organized sporting events and/or city-approved parades or celebrations. For purposes of this section,the definition of "Fireworks" does not include any item listed in Section 791.01(4) (b) & (c), Florida Statutes. ' (4) Sparkler - means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is ' hand held or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified tas fireworks. • AGENDA ITEM#7C JUNE 14,2004 ' (b) General regulations. (1) Except as hereinafter provided, it shall be unlawful for any person, firm, co- partnership, or corporation to possess, use, sell, or explode any fireworks within the municipal boundaries of the City of Atlantic Beach. Any fireworks found as a result of a violation of this section will be confiscated and ' destroyed. (2) Sparklers as defined in this section are exempt from the provisions of ' subsection(b)(1). (3) Notwithstanding the requirements of subsection (b)(1), the City of Atlantic ' Beach has the authority to authorize the granting of permits for supervised public displays of fireworks within the municipal boundaries of the City of Atlantic Beach, as provided in Section 791.02(1), Florida Statutes. ' (c) Penalty. Any person violating any provision of this section shall be guilty of an offense punishable by a fine of fifty dollars ($50) per violation, payable within ten ' (10) days of issuance of a citation at City Hall, located at 800 Seminole Road in Atlantic Beach, Florida. A late fee of ten dollars ($10) shall be attached to any fine not paid by the due date. SECTION 2. That all other ordinances or parts of ordinances in conflict herewith be and the same are, to the extent the same may be in conflict, hereby repealed. ' SECTION 3. The Ordinance shall become effective immediately upon its final passage and adoption. ' Passed on First Reading this day of , 2004 Passed on Second and Final Reading this day of , 2004 John Meserve Mayor 1 ATTEST: Maureen King, CMC City Clerk ' Approved as to form and correctness: Alan Jensen ' City Attorney AGENDA ITEM#7D JUNE 14,2004 ' Ordinance No. 95-04-88 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ' REWRITING IN ITS ENTIRETY CHAPTER 12, NUISANCES, OF THE CODE OF ORDINANCES,AND PROVIDING AN EFFECTIVE DATE ' BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, AS FOLLOWS: ' Section 1. Chapter 12,Nuisances, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby rewritten in its entirety and shall henceforth read as follows: ' Sec. 12-1. Enumeration. ' (a) It shall be unlawful for any person natural or corporate or business to do, perform, have, allow, suffer or permit any act,occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: ' (1) For any person to cause or allow any animal carcass or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. ' (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain on or in any street, alley or other public or private property ' place, any house or building,premises' sewer, or gutter, any filth,garbage, , or may rubbish of any kind; ' (3) For any person to allow, suffer or permit any lot or premises, common or place of any kind whatsoever to become neglected so as to become a detriment to public health`• •• ccd3 gro ing thereo or by the depositing of filth or rubbish of any (4) For any person to Te allow, suffer or permit any stagnant water to accumulate Or aepos'ted,either above or below the ground, without exercising necessary precautions to prevent the propagation of mosquitoes therein; (5) For any person to keep, herd, and feed any animal : - ., _ . _- in any manner which maybe injurious to the ' health and well-being of any person due to noxious odors,noise, etc. Page I of4 ' Ordinance No.95-04-88 ' AGENDA ITEM#7D JUNE 14,2004 ' (6) For any person not to post- secure, or safeguard any hazardous condition attraction, which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned t wells, shafts, basements, excavations, construction, - , or any structurally unsound fences or structures.f ' (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned or ' inoperable motor vehicles, icebox, refrigerator, stove appliances, household furniture, glass,building material, building rubbish debris, or similar items. ' (8) For any person to Te allow, suffer or permit any building or structure which, by storm damage act-of Cod, fire, decay or other cause which may become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested to create a hazard to the health or safety of the occupants or the public. (9) For any person business owning shopping carts to allow such carts to be removed ' from its the-owl:lef G premises unless sueraperserhas-a written policy is in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of-way, apartment complexes, ' -------------- undeveloped lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. ' (10) For any person to allow excessive amounts of dirt,debris or any other substance to collect in any gutter, or catch basin, or to accumulate on any road surface, causing the surface to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants shrubs, or trees to exceed a height of more then 12 inches on any developed lot,or within 20 feet of any occupied residential property. business property, or City Right of Way. (c) (12)For any person to discharge water from a water-source heat pump onto a public ' street or storm drainage system unless such discharge is approved by the city. Sec. 12-2. Notices, hearings, abatement of conditions. ' (a) Whenever it is made-te-appear-te determined by the city manager or his designee after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager or his designee may by order in writing, direct any nuisance affecting the sanitary condition of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property. - - - c Where formal notification- :: : ::.:'. - . -: ----.': -: .— -=. 15raey-ease �ificati n cannot be t Pegg 2 of Ordinance No.95-0448 ' AGENDA ITEM#7D JUNE 14,2004 1 ' served upon the owner, occupant or custodian:.:.•: - ..: - : - : : .: : - - • - - -• , -:• - - -- ' - - ; ;. • • •:, or public safety precludes the use of certified mail, the order shall be posted in a conspicuous place upon the premises. The .. !!a. : .. . .. . . nT ' "Within fifteen(15)days from the date hereof, you may make a written request to the city rayefe ach :. . . :. . .. City Manager" ' written notification, or the posting of the property, and within the time allotted for correction,the owner and/or occupant of the property may make written request to the city commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and/or occupant may introduce such evidence as deemed necessary. ' -. (c) If within the time allotted•'.: .. : - : the condition described in the notice has not been remedied, the city manager or designee shall cause the condition to be remedied by the city at the ' expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant,the city manager or designee may cause the condition to be remedied by the city at the expense of the property owner and/or occupant unless ' the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the t expense plus a charge equal to one hundred (100)percent of the expense to cover city administrative expenses, plus advertising cost, shall become payable within thirty(30) days, after which a special assessment lien and charge will be made upon the property which shall be ' payable with interest at the rate of ten(10)percent per annum from the date of the certification until paid. Page 3 of 4 Ordioence No.95-04-88 1 AGENDA ITEM#7D JUNE 14,2004 1 The lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of the lien may be filed in the office of the city clerk. - . . . . aetieth Section 2. This ordinance shall become effective immediately upon its final passage and adoption. Passed by the City Commission on first reading this day of , 2004. tPassed by the City Commission on second and final reading this_day of , 2004. 1 JOHN S. MESERVE ' MAYOR Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE CITY ATTORNEY ' ATTEST: MAUREEN KING, CMC CITY CLERK 1 1 1 nce No. iuPa!04of 4 Ordi95-04-88 ' AGENDA ITEM#7E JUNE 14,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT tAGENDA ITEM: First reading of Ordinance 90-04-185 to enact provisions regulating boats and watercraft ' SUBMITTED BY: Sonya Doerr, AICP,e/D Community Development Director DATE: June 04, 2004 ' BACKGROUND: Pursuant to Commission direction at the May 24th meeting, attached is a proposed ordinance to establish new provisions, which shall restrict boats from being used as a permanent residence and from being improperly docked or anchored, Upon adoption, these provisions will be included within Chapter 24, the Zoning, Subdivision, and Land Development Regulations, as part of Division 7, Supplementary Regulations. 1 BUDGET: No budget issues. ' RECOMMENDATION: Motion to approve on first reading. (Public Hearing and fmal reading to be scheduled for June 28, 2004.) ATTACHMENTS: Proposed Ordinance Number 90-04-185. REVIEWED BY CITY MANAGER:. lune 14,2004 regular meeting AGENDA ITEM#7E JUNE 14,2004 ' ORDINANCE NUMBER 90-04-185 ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND ' LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION ' AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ' SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Division 7, Supplementary Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to create new Section 24-172, generally and ' specifically regulating Boats and Watercraft, and upon enactment shall read as follows. ' Sec.24-172. Boats and Watercraft For the purposes of this Section, the term Watercraft shall include every type of boat or ' vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within or adjacent to the City of Atlantic Beach. ' (a) Intent. The intent of this Section is to protect water quality and Environmentally Sensitive Areas within and adjacent to the City of Atlantic Beach, and to maintain or ' enhance water quality, vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any Watercraft, or from any dock, sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Docking and Anchoring Restrictions. It shall be unlawful to live aboard any'Watercraft, which is docked, stored, moored or anchored within the City of Atlantic Beach. Live aboard shall mean the continuing use of any Watercraft as a Dwelling Unit as defined within this Chapter. ' (d) Damage to or destruction of Environmentally Sensitive Areas. It shall be unlawful for any person to operate, dock, moor or anchor any Watercraft in a manner that causes adverse impacts to any marine or water resource, wildlife habitat or other ' Environmentally Sensitive Areas as defined within this Chapter and as set forth within the Conservation and Coastal Management Element of the Comprehensive Plan. ' Ordinance 90-04-185 Page 1 of 2 AGENDA ITEM#7E JUNE 14,2004 ' (e) Public Docks and Anchorages. Docking or anchoring within Tideviews Preserve, Dutton Island Preserve or any other public park or facility shall be restricted to non-motorized ' Boats and Watercraft or to those equipped only with bow-mounted electric trolling motors. 1 SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 14th day of June, 2004. Passed upon final reading and public hearing this 28th day of June, 2004. 1 JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Al !EST : ' MAUREEN KING City Clerk t 1 ' Ordinance 90-04-185 Page 2 of 2 ' AGENDA ITEM OA JUNE 14,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to authorize Builders Care to perform CDBG funded housing ' rehabilitation services pursuant to the City's 2003-2004 FY CDBG contract. SUBMITTED BY: Sonya Doerr,AICP, Community Development Director /11) DATE: June 7,2004 BACKGROUND: This year's Community Development Block Grant provides $58,071 for housing rehabilitation activities. (Housing rehab funds in the amount of$30,000 were included ' in the current FY application, and the additional $28,000 was re-allocated to the COAB following the sale of a home renovated several years ago with CDBG funds.) As in the previous year, our grant specifies that these funds will be used to provide basic housing needs and repairs, ' such as failed plumbing or septic tanks, to provide heating or hot water, to correct dangerous structural or electrical problems, or other similar serious problems which might make a home unsafe or uninhabitable, rather than for general renovations or cosmetic upgrades and 1 enhancements. Staff recommends that the City continue its relationship with Builders Care to assist with the ' CDBG funded housing rehabilitation program. This partnership worked very well last year, as it allows the City to blend funds with Builders Care resources, thereby increasing the cost- effectiveness of our program. Staff and Builders Care have identified four houses (See recommendation below.) with immediate and serious repair needs. Homeowner eligibility and income has been verified for ' each property. COAB funds will be supplemented by State Housing (SHIP) funds, volunteer labor, and Builders Care's ability to acquire materials at reduced costs. Staff requests authorization to expend a combined total of $40,000 on these four houses, and anticipates ' returning to the Commission with a similar request for the remaining CDBG housing rehab funds within coming months. ' Staff also requests that the Commission waive the formal bid procedure for this work in accordance with Section 2-236. (1) of the City Code. The proposed blend of Builders Care and SHIP funds, volunteer labor and reduced cost of building materials allows the City to further ' leverage CDBG housing rehab dollars. (Past history has also demonstrated that the formal bid process for this type of housing construction has not been particularly successful.) tRECOMMENDATION: 1) Authorize City Manager to enter into a construction services agreement with Builders ' Care to expend a combined total not to exceed $40,000 for the CDBG funded portion of Housing Rehabilitation for repairs to 760 Sailfish Drive, 434 Sargo Road, 981 Sailfish Drive and 635 Sailfish Drive in accordance with the provisions of FY 2003- 04 CDBG Contract 5629-263. AGENDA ITEM NSA JUNE 14,2004 ' 2) Approve waiver of the formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within this report. ' BUDGET: Account 110-1005-515.83-00, not to exceed $40,000.00 ATTACHMENTS: None. (Detailed cost estimates for each home are being finalized and will be provided to the Commission at the June 14th meeting.) REVIEWED BY CITY MAMA . .CFR: • 1 1 1 2 lune 14,2004 regular meeting ' AGENDA ITEM#SB JUNE 14,2004 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT 1 ITEM: Appointment of two Pension Board Trustee positions vacated by Edward L. Lipscomb tSUBMITTED BY: Nelson Van Liere, Finance Director DATE: May 29, 2004 BACKGROUND: In accordance with Section 2-266 of the General Employee Retirement System Ordinance and Section 2-305 of the Police Officer Retirement System Ordinance, two of the five members of ' the respective boards must be legal residents of the City and be appointed by the City Commission. Edward L. Lipscomb has notified the City that he will no longer be able to fulfill the duties of ' the board and has resigned his position due to the travel requirements of his job. This leaves an opening in both boards to be filled by appointment by the City Commission. tThe City Commission may appoint a separate individual to each board to replace Mr. Lipscomb or one, to serve on both boards as he did. The term of office for members on the General Pension Board is ' established as a period of four(4)years and for members on the Police Pension Board, a period of two (2)years. Members are able to succeed themselves. ' BUDGET: There is no Budget Impact with this action. ' RECOMMENDATION: That the City Commission appoint one resident of the City of Atlantic Beach to the Police Officer Pension Board for a period of 2 1 years and one resident to the General Employees Pension Board for a period of 4 years. ATTACHMENTS: 1. Pension Board General Information Summary 2. General Board Criteria—Sec 2-266 and Sec 2-267, City Code ' 3. Police Board Criteria—Sec 2-305 and Sec 2-306, City Code 4. Police Board Criteria—Florida Statutes 185.05 5. Applications(2) REVIEWED BY CITY MANAGER: IAGENDA ITEM#8B JUNE 14,2004 I City of Atlantic Beach ' Pension Boards General Information Summary I IGENERAL EMPLOYEE'S PENSION BOARD OF TRUSTEES: Elected Timothy Townsend(Tim) Chair 01/01/06 I Elected J. Tom Wells Chair Pro-Tem 08/08/04 Commission Appt. Tony F. Downing Secretary 12/31/07 Commission Appt. Vacant Member IAt Large Harry E. McNally Member 03/27/07 IPOLICE EMPLOYEE'S PENSION BOARD OF TRUSTEES: Elected Henry Bartle Chair 11/09/04 I Elected Dale Hatfield Chair Pro-Tem 08/06/05 Commission Appt. Tony F. Downing Secretary 12/31/05 Commission Appt. Vacant Member IAt Large Harry E. McNally Member 03/27/05 IProfessional Services for both boards: Consulting and Actuarial Services ' Gabriel, Roeder, Smith and Company Legal ISugarman and Susskind Investment Managers I TRUSCO Capital Management Euro Pacific I Investment Advisor Merril Lynch Consulting Services I 1 AGENDA ITEM MB JUNE 14,2004 1 GENERAL EMPLOYEE RETIREMENT SYSTEM Sec. 2-266. Same--Composition. ' The board of trustees shall consist of five (5)trustees as follows: ' (1) Two(2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission, who may also serve as trustees of the police officer retirement system created in division 4 hereof; (2) Two(2) members of the retirement system who are employees of the city, but not police officers or firefighters, to be elected by the members of the retirement system who are also similarly situated employees of the city; (3) One(1)resident of the city to be selected by the other four(4)members of the board of trustees,and whose appointment shall be confirmed by a vote of the city commission. The elections provided for in subsections(2) of this section shall be held in accordance with such rules as the board of trustees shall from time to time adopt. (Ord.-No. 58-75-4, § 5, 12-22-75;Ord.No. 58-86-7, § 1, 1-12-87; Ord.No. 58-99-27, § 1, 11-8-99; Ord.No. 58-99-26, § 1, 7-10-00) 1 Sec. 2-267. Same--Term of office;oath of office. The regular term of office of a member of the board of trustees shall be four (4)years for civilian members, and four(4)years for employee representatives, unless they terminate employment, whereupon a new election will be held by the members of the plan to fill ' the unexpired term of their trustee representatives, and one (1) year for the trustee selected by the other four(4)members of the board. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. However, upon the expiration of the terms of the civilian trustees and employee representative trustees in office at the time this article is adopted,the term of the next succeeding civilian member shall be for one ' (1)year and the term for the next succeeding employee representative shall be for three (3)years, with all civilian member and employee representative trustees having four-year terms thereafter. ' (Ord.No. 58-75-4, § 6; 12-22-75; Ord.No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 3, 11-23-98; Ord.No. 58-99-27, § 1, 11-8-99; Ord.No. 58-99-26, § 1, 7-10-00) AGENDA ITEM NB JUNE 14,2004 POLICE OFFICER RETIREMENT SYSTEM Sec. 2-305. Same--Composition. ' The board of trustees shall consist of five (5)trustees as follows: (1) Two (2),unless otherwise prohibited by law, shall be legal residents of the city, appointed by the city commission, who may serve as trustees of other city boards including the general employees retirement system provided herein; (2) Two (2) police officers to be elected by the active police officers who are members of the retirement system; ' (3) One(1)trustee to be selected by the other four(4) members of the board of trustees, and appointed as a ministerial act by the city commission. ' The elections provided for in subsection(2)of this section shall be held in accordance with such rules, as the board of trustees shall from time to time adopt. (Ord.No. 58-99-26, § 2,7-10-00) Sec. 2-306. Same--Term of office; oath of office. The regular term of office of a member of the board of trustees shall be two (2)years for resident appointees, and two (2)years for elected representatives, unless they terminate employment, whereupon a new election will be held by the member of the plan to fill the unexpired term of their trustee representatives. The term of office for the trustee selected by the other four(4) members of the board shall be two (2)years. Each trustee shall, ' before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustees term of office shall begin. (Ord.No. 58-99-26, § 2, 7-10-00) 1 1 I Statutes& Constitution :View Statutes :->2003->Ch0185->Section 05 : flsenate.gov _ AGENDA ITEM#873 _ JUNE 14,2004 ' Select Year: 12003 TE ' The 2003 Florida Statutes Title XII chapter 185 View Entire Chapter MUNICIPALITIES MUNICIPAL POLICE PENSIONS I 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees.--For any municipality, chapter plan, local law municipality, or local law plan under this chapter: I (1) In each municipality described ins. 185.03 there is hereby created a board of trustees of the municipal police officers retirement trust fund, which shall be solely responsible for administering Ithe trust fund. Effective October 1, 1986, and thereafter: (a) The membership of the board of trustees for chapter plans shall consist of five members, two I of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality, and two of whom shall be police officers as defined in s. 185.02 who shall be elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, I allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the I fifth person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. The fifth member shall have the same rights as each of the other four members appointed or elected as herein provided, shall serve as trustee for a period of 2 years, and may succeed himself or herself in office. Each resident member I shall serve as trustee for a period of 2 years, unless sooner replaced by the legislative body at whose pleasure the member shall serve, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 2 years, unless he or she sooner leaves ' the employment of the municipality as a police officer, whereupon the legislative body of the municipality shall choose a successor in the same manner as an original appointment. Each police officer may succeed himself or herself in office. ' (b) The membership of boards of trustees for local law plans shalt be as follows: 1. If a municipality has a pension plan for police officers only, the provisions of paragraph (a) shall ' apply. 2. If a municipality has a pension plan for police officers and firefighters, the provisions of I paragraph (a) shall apply, except that one member of the board shall be a police officer as defined in s. 185.02 and one member shall be a firefighter as defined ins. 175.032, respectively, elected by a majority of the active firefighters and police officers who are members of the plan. I 3. Any board of trustees operating a local law plan on July 1, 1999, which is combined with a plan for general employees shall hold an election of the police officers, or police officers and firefighters if included, to determine whether a plan is to be established for police officers only, or I for police officers and firefighters where included. Based on the election results, a new board shall be established as provided in subparagraph 1. or subparagraph 2., as appropriate. The municipality shall enact an ordinance to implement the new board by October 1, 1999. The newly established I board shall take whatever action is necessary to determine the,amount of assets which is attributable to police officers, or police officers and firefighters where included. Such assets shall include all employer, employee, and state contributions made by or on behalf of police officers, or police officers and firefighters where included, and any investment income derived from such I contributions. All such moneys shall be transferred into the newly established retirement plan, as directed by the board. IWith respect to any board of trustees operating a local law plan on June 30, 1986, nothing in this http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display Statne&Search_... 05/29/2004 AGENDA ITEM#8B JUNE 14,2004 Statutes& Constitution :View Statutes :->2003->Ch0185->Section 05 : flsenate.gov Page 2 of 2 ' paragraph shall permit the reduction of the membership percentage of police officers or police officers and firefighters. (c) Whenever the active police officer membership of a closed chapter plan or closed local law plan as provided in s. 185.38 falls below 10, an active police officer member seat may be held by either a retired police officer or an active police officer member of the plan who is elected by the ' active and retired members of the plan. If there are no active or retired police officers remaining in the plan or capable of serving, the remaining board members may elect an individual to serve in the active police officer member seat. Upon receipt of such person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees. This ' paragraph applies only to those plans that are closed to new members under s. 185.38(2), and does not apply to any other municipality having a chapter or local law plan. ' (d) If the chapter plan or local law plan with an active membership of 10 or more is closed to new members, the member seats may be held by either a retiree, as defined in s. 185.02, or an active police officer of the plan who has been elected by the active police officers. A closed plan means a plan that is closed to new members but continues to operate, pursuant to s. 185.38(2), for participants who elect to remain in the existing plan. This paragraph applies only to those plans that are closed to new members pursuant to s. 185.38(2) and does not apply to any other municipality that has a chapter plan or a local law plan. (2) The trustees shall by majority vote elect from its members a chair and a secretary. The secretary of the board shalt keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by Florida law. (3) The board of trustees shalt meet at least quarterly each year. (4) Each board of trustees shall be a legal entity that shall have, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (5) In any judicial proceeding or administrative proceeding under chapter 120 brought under or pursuant to the provisions of this chapter, the prevailing party shall be entitled to recover the costs thereof, together with reasonable attorney's fees. (6) The provisions of this section may not be altered by a participating municipality operating a chapter or local law plan under this chapter. History.--s. 2, ch. 28230, 1953; s. 2, ch. 59-320; s. 2, ch. 61-119; s. 4, ch. 86-42; s. 41, ch. 93-193; s. 940, ch. 95-147; s. 45, ch. 99-1; s. 6, ch. 2002-66. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright 0 2000.2004 State of Florida. 1 AGENDA ITEM#8B JUNE 14,2004 1 ' CITY OF ATLANTIC BEACH BOARD MEMBER INFORMATION SHEET NAME OF BOARD Pension Board for General Employees NAME OF APPLICANT/MEMBER Richard T. Downes ' ADDRESS 1632 Park Terrace West DAYTIME PHONE 246-1720 EVENING PHONE same downessr@attbi.com I E-MAIL ADDRESS FAX# 1 IPlease provide a brief explanation of your interest in this field and your reasons for wishing to be appointed to this board. I am retired, need something to occupy my time and would like to volunteer that time wherever it ' might be useful. City government strikes me as the most likely place for me to be of some help, and of all the Atlantic Beach boards that I know of, the Pension Board for General Employees seems to fit my background and experience best. IMy secondary college major was in economics, my first endeavor after World War It was in Ihotel management which lasted for 17 years followed by two years as a self-employed tax accountant, then 23 years in Florida state government first as a Labor Market Analyst and finally ' retired as Administrator of Vital Records. ' In addition to my vocational experience, I have handled my own investment portfolio for many years and advised informally for a number of my family members. 1 ' Please return completed form to RECEIVED Maureen King, City Clerk, 800 Seminole Road,Atlantic Beach, FL 32233 JAN 1 6 2003 OFFICE OF THE CITY CLERK ' AGENDA ITEM#8B JUNE 14,2004 I RESUME IRichard Taylor Downes Born July 27, 1923 Boston MA ' EDUCATION Primary Public Schools 1928-37 Newton&Boston MA Providence RI I Prep The Moses Brown School 1938-41 Providence RI College Brown University BA 1941-42, 1946-49 Providence RI Majors: Biology&Economics ' Sigma Chi Fraternity MILITARY ' US Naval Hospital Hosp Apprentice July- Dec 42 Newport RI 70th US Naval Construction Battalion PhM3c Jan 43-Nov 45 ' PhM2c Mar-Dec 43 Jan -Aug 44 Mediterranean: North Africa, Sicily PhM2c Davisville RI PhM2c Sep-Oct 44 Camp Parks CA I PhM1c Nov 44- Nov 45 Pacific: Hawaii,Guam,Iwo Jima, Saipan, Okinawa,Philippines,Japan I -FAMILY- - -- Wife Ethel Louise Kennedy Married August 11, 1944 Providence RI Son Richard Taylor., Jr Born January 5, 1947 Providence RI I Son Stephen Kennedy Born August 5, 1949 Providence RI Son James Edward II Born September 22, 1954 Poughkeepsie NY I Grandchildren 3 Great grandchildren 4 I VOCATIONAL Taunton Inn Management trainee Sep 48-Jul 52 Taunton MA • Poughkeepsie Inn General Manager Aug 52-May 58 Poughkeepsie NY Schine Queensbury Sales Promotion May-Dec 58 Glens Falls NY Schine Hotels, Inc. Sales Promotion Jan 59- Dec 59 New York NY I_ansberg Hotels Sales Promotion Jan 60-Mar 60 Miami Beach FL Schine Roney Plaza General Manager Apr 60-Dec 60 Miami Beach FL Delano Hotel Sales Promotion Jan 61 -Aug 61 Miami Beach FL I Rolling Green Motor Inn Warwick Motor Inn Mgmt Consultant Sep 61 -Mar 62 Andover MA Mgmt Consultant Apr 62-Dec 62 Warwick RI Ramada Inns Mgmt Consultant Jan 63-Aug 63 Cocoa Beach FL ' Crossway Inn Mgmt Consultant Sep 63-Apr64 Cocoa Beach FL' Self-employed Tax accountant Sep 63-Jul 66 Cocoa Beach FL" Brevard Committee of 100 Executive Secretary Jan 65 -Jul 66 Cocoa Beach FL* ' Florida State Employment Service Labor Market Analyst Aug 66 -Oct 67 Cocoa FL Florida Office of Vital Statistics Vital Records Aarn'st t Nov 67 -Jul 89 Jacksonville FL ' 'some positions held concurrently AGENDA ITEM#8B JUNE 14,2004 CITY OF ATLANTIC BEACH BOARD/COMMITTEE MEMBER INFORMATION SHEET ' NAME OF BOARD/COMMITTEE Pension Board of Trustees NAME OF APPLICANT/MEMBER Anne E. Minor ' ADDRESS 2248 Oceanforest Drive W., Atlantic Beach 32233 DAYTIME PHONE 241-8901 EVENING PHONE 241-8901 E-MAIL ADDRESS anneeminorno,yahoo.com FAX#241-8911 ' Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. ' l want to become involved with the City of Atlantic Beach. In May of 2003 I returned to Atlantic Beach after a 10 year absence. Though my last residency here lasted only 15 months. I finally was able to return and consider this to be my home. ' For the Pension Board of Trustees I can provide assistance based on my many years of experience in the pension field, in both legal and technical positions. I began my career with the National Office of the Internal Revenue Service in 1976. Additionally, I have been Assistant _General Counsel for Sungard-Corbel (a pension document firm in Jacksonville), Assistant General Counsel / Employee Benefits for Nationwide Insurance, General Counsel for my husband's pension consulting firm in Ohio, and for four years maintained my own pension related ' law practice. If I may be of service to the Pension Board, please contact me, and thank you for your consideration. tAn - Minor 1 Please return completed form to Maureen King, City Clerk, 800 Seminole Road,Atlantic Beach, FL 32233 1 1 1 ' AGENDA ITEM#8C JUNE 14,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Update of Cross-Connection Control Program ' SUBMITTED BY: Donna Kaluzniak, Utility Direc r� DATE: June 4, 2004 ' BACKGROUND: The Department of Environmental Protection(DEP) defines a cross- connection as "any physical arrangement whereby a public water supply is connected, directly or ' indirectly,with any other water supply system, sewer,drain,conduit,pool, storage reservoir, plumbing fixture, or other device which may contain contaminated water...or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as the result of backflow." The City Commission adopted the City's existing Cross-Connection Control Policy Manual in March, 2000. City Code requires that the most recent copy of the Cross-Connection Control Policy be followed to implement appropriate backflow prevention methods and prevent contamination of the City's water supply. Recent changes to DEP's rule 62-555 have made cross-co.mection requirements more stringent, and necessitated the update of the City's policy. ' One of the new requirements is complete implementation of cross-connection programs, in other words, no"grandfathering"of existing potential cross connections are to be allowed. Probably the two areas with the most impact to Atlantic Beach customers include property owners with ' existing private wells and existing irrigation systems. Rule 62-555 requires the cross-connection program to use the recommended practices in the American Water Works Association Manual Ml4,Recommended Practice for Backflow Prevention and Cross-Connection Control. This manual,and the City's policy, require backflow preventers to be installed on services with irrigation systems, and on any premises having an ' auxiliary water system such as a private well or pond,even if there is no current connection to the City water system. This is due to the potential for property owners to unknowingly have _ connections or for future cross-connections to occur. Due to the small cross-connection control staff(one person assigned part-time), efforts on the program to date have focused primarily on commercial facilities. However, staff has now reached the point where we can work on implementation of the program for residential areas as well, as we are required to do by law. This will include notification to property owners with ' irrigation systems or auxiliary water systems to install proper backflow prevention. To determine how Atlantic Beach's program compares with other nearby programs, staff ' contacted the cross-connection personnel for the City of Jacksonville Beach and JEA. JEA's t 1 ' AGENDA ITEM#8C JUNE 14,2004 policy manual is nearly identical to the Atlantic Beach program. Both JEA and Jacksonville ' Beach require property owners with existing irrigation systems to retrofit with backflow prevention when these systems are discovered. Due to a staffing shortage, as well as the inability ' to determine the location of properties with auxiliary water supplies,JEA has not required cross- connection improvements of those owners, and neither has Jacksonville Beach. The attached draft of the revised City of Atlantic Beach Cross-Connection Control Policy Manual reflects the updated DEP rule requirements, as well as language corrections. 1 BUDGET: No impact to the City budget. RECOMMENDATION: Adopt the revised City of Atlantic Beach Cross-Connection Control Policy Manual. ATTACHMENTS: 1. Draft Revised City of Atlantic Beach Cross-Connection Control Policy ' Manual. 2. E-mail from DEP explaining requirement for backflow prevention on properties with auxiliary water supplies. tREVIEWED BY CITY MANAGER: 2 AGENDA ITEM i8C JUNE 14,2004 1 1 1 1 1 1 1 CITY OF ATLANTIC BEACH CROSS-CONNECTION CONTROL POLICY MANUAL Revised April JuneMarsh 2000 2004 1 1 i 1 1 1 1 + , IAGENDA ITEM#8C JUNE 14,2004 ' TABLE OF CONTENTS TITLE PAGE ' INTRODUCTION 1 PART I - Overview 2 I1.01 PURPOSE 2 1.02 CAUSES OF BACKFLOW 2 • IPART 2-Responsibility 3 2.01 CROSS-CONNECTION CONTROL PROGRAM 3 I 2.02 CUSTOMERS 3 2.03 BACKFLOW PREVENTION DEVICE INSTALLERS 3 ' PART 3 -Inspections 4 3.01 FREQUENCY 4 3.02 PROPOSED CONSTRUCTIONS 4 ' 3.03 NEW AND EXISTING FACILITIES 4 ' PART 4- Definitions 4 PART 5- Cross-Connection Hazards and Required Protections 7 ' 5.01 FACILITIES 7 5.02 FIRE SYSTEMS 10 5.03 OTHER CROSS-CONNECTION HAZARDS 10 ' 5.04 BACKFLOW PREVENTION DEVICES (Illustrated) 12 5.05 TYPICAL INSTALLATIONS (Illustrated) 15 IPART 6 - Testing of Backflow Preventers 21 I PART 7 - Penalties for Non Compliance 21 7.01 TERMINATION OF SERVICE 21 7.02 MONETARY PENALTIES 21 PART 8 -Pertinent Sections of Local Codes 22 I Section 2-146. Jurisdiction 22 Section 2-147. Procedure; hearings 22 Section 2-148. Powers 22 I Section 2-149. Penalties; lien 22 Section 22-32. Connection of private water systems to City system is prohibited 23 Section 22-33. Prohibited acts 23 I Section 22-42. Definitions 23 Section 22-43. Cross connections; backflow devices 24 IREFERENCES 25 I 4. , AGENDA ITEM MC JUNE 14,2004 1 ' American Water Works Association POLICY ON CROSS-CONNECTIONS A statement adopted by Board of Directors on Jan. 26, 1970 and Revised June 24, 1979 The American Water Works Association recognizes that the water purveyor has a ' responsibility to provide its customers at the service connection with water that is safe under all foreseeable circumstances. Thus, in the exercise of this responsibility,the water purveyor must take reasonable precaution to protect the community distribution system from the hazards originating on ' the premises of its customers that may degrade the water in the community distribution system. It is realized that cross-connection control and plumbing inspections on premises of its ' customers are regulatory in nature and should be handled through the rules, regulations, and recommendations of the health authority or the plumbing-code enforcing agencies having jurisdiction. The water purveyor, however, should be aware of any situation requiring inspection and/or re-inspections necessary to detect hazardous conditions resulting from cross-connections. If, ' in the opinion of the utility, effective measures consistent with the degree of hazard have not been taken by the regulatory agency, the water purveyor should take such measures as he may-deem necessary Jo ensure that the community distribution system is protected from contamination. Such action would include the installation of a backflow prevention device, consistent with the degree of hazard, at the service connection, or discontinuance of the service. 1 • 1 1 1 1 1 + ' AGENDA ITEM NC JUNE 14,2004 1 INTRODUCTION A cross-connection is defined in the rules of the Department of Environmental Regulation Protection (13€RDEP), of the State of Florida, Chapter 17 2262-550 as"Any physical arrangement whereby a public water supply is connected, directly or indirectly with any other water supply system, ' sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as the result of backflow. By-pass arrangements,jumper connections, removable sections, swivel or changeable devices and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross-connections."Consequently,either cross-connections or the chance of backflow must be eliminated to prevent degrading the high quality of water that water purveyors strive to maintain. Cross-connection control programs, as administered by water purveyors, are relatively new to ' Florida. Initially,the primary responsibility for safeguarding waterquality on private property was left to local health agencies and building and inspection departments. Then, beginning with the Safe Drinking Water Act, signed by President Ford on December 16, 1974, a chain of laws and ' regulations evolved that resulted in the State requirement(Florida Safe Drinking Water Act,Sections 403.650-403.664, Florida Statutes) for all the public water systems to have a cross-connection control program. Contained within the Rules of Department of Environmental Regulation (DER), Chapter 17-22, the State of Florida, on November 9, 1977, adopted the following policy: ' "Community water systems are required to establish a routine cross-connection program for the purpose of detecting and preventing cross-connections that create an imminent and substantial danger to the public health by and from contamination due to the cross-connection. Upon detection of a prohibited cross-connection, both community and non-community water systems shall either eliminate the cross-connection by installation of an appropriate backflow prevention device ' acceptable to the Department (DER) or discontinue service until the contaminate source is eliminated."(17-22.107(4)b., Florida Administrative Code.) ' The most recent version of DEP Rule now states"Community water systems...shall establish and implement a routine cross-connection control program... ." A statement is also included in the rule that "This program shall include a written plan that is developed using recommended practices of the American Water Works Association set forth in Recommended Practice for Backflow Prevention and Cross-Connection Control.AW WA Manual M14..." • - - - _••_• - - . __ - - - _ ' In compliance with this mandate, the following is the City of Atlantic Beach, Public Works-Utilities Department, Policy on Cross-Connection Control. We urge you to acquaint yourself with the policies and information presented in this manual. It is ' only through the education and commitment of persons like yourself that we can control the hazards presented by cross-connections within our public drinking water supply. The Public Works-Utilities Department stands behind this policy and its enforcement and will offer its assistance to all who share the responsibility of safe water. • 1 ' (1) + I AGENDA ITEM#8C JUNE 14,2004 ' PART 1 — Overview 1.01 PURPOSE The purpose of this Policy is to protect the public potable water supply of the City of Atlantic Beach ' from the possibility of contamination. To promote the elimination or control of existing cross- connections, actual or potential, between its customers' in_plant plumbing fixtures and industrial piping and the public water supply; and to provide for the maintenance of a continuing program of ' cross-connection control which will systematically and effectively prevent the contamination of the potable water distribution system. More exactly,the Policy is intended to prevent delivered water— water that has passed beyond the public water system and into the private distribution systems of consumers— from re-entering the public distribution system and being subsequently delivered to consumers and to allow persons active in piping design and installation to incorporate and install appropriate backflow prevention devices correctly. ' 1.02 CAUSES OF BACKFLOW The causes of backflow cannot usually be eliminated completely since backflow is often initiated by ' accidents or unexpected circumstances. However, some causes of backflow can be partially controlled by good design and informed maintenance. Listed below are the major causes of backflow as outlined under the two types of backflow— backsiphonage and backpressure. ' A. BACKSIPHONAGE - Backsiphonage is caused by reduced or negative pressure being created in the supply piping. The principal causes of backsiphonage are: ' ------?-.- Line repair or break which is lower than a service point. This will allow negative pressures to be created by water trying to flow to a lower point in the system. ' 3:2. Undersized piping if water is withdrawn from a pipe at a very high velocity, the pressure in the pipe is reduced and the pressure differential created can cause water to flow into the pipe from a contaminated source. ' 3. Lowered pressure in water main due to high water withdrawal rate such as fire fighting, water main flushing, or water main breaks. ' 4. Reduced supply main pressure on suction side of a booster pump. ' B. BACKPRESSURE - Backpressure may cause backflow to occur where a potable water system is connected to a non-potable system of piping, and the pressure in the non-potable system exceeds that in the potable system. The principal causes of backpressure are: ' - - - 1. Booster pump systems designed without backflow prevention devices. 2. Potable water connections to boilers and other pressure systems without backflow prevention devices. 1 (2) AGENDA ITEM#8C JUNE 14,2004 ' 3. Connections with another system jsuch as a private well with a pump)which may, at times, have a higher pressure. 7,4. Water stored in tanks or plumbing systems which by virtue of their elevation would create head sufficient to cause backflow if pressure were lowered in the public system. ' PART 2 —Responsibility 2.01 CROSS-CONNECTION PROGRAM The responsibilities of the Cities: Cross-Connection Control Program in accordance with State Law Chapter 17 2262-555 are as follows: 1. To protect the City of Atlantic Beach Public Water Supply from the possibility of contamination ' by isolating within its consumers' private water systems, contaminants or pollutants which could, under adverse conditions, backflow through uncontrolled cross-connections into the public water system. ' 2. To eliminate or control existing cross-connections, actual or potential, between the consumers in-plant potable water system(s) and non-potable water system(s) plumbing ' fixtures, and industrial piping systems. 3. To provide a continuing inspection program of cross-connection control, which will ' systematically and effectively control all actual or potential cross-connections which may be installed in the future. ' 2.02 CUSTOMERS The customers responsibility starts at the point of delivery from the public potable water system and includes all of his water systems. The customer,at his own expense,shall install,operate,test and ' maintain approved backflow prevention devices, as directed by the City of Atlantic Beachmater Distribution-BivisienPublic Utilities Department. The customer shall maintain accurate records of tests and repairs made to backflow prevention devices and provide the Public Utilities Department with copies of such records. The records shall be on forms approved or provided by the Department. In the event of accidental pollution or contamination of the public or consumer's potable water system due to backflow on or from ' customer's premises, the owner shall promptly take steps to confine further spread of pollution or contamination within the customer's premises, and shall immediately notify the Water-Distribution D'wisienPublic Utilities Department of the hazardous condition. ' 2.03 BACKFLOW PREVENTION (BFP).DEVICE INSTALLERS Device assembly installation is to be conducted by a plumber. A certified technician must conduct testing of backflow assembly. The owner, plumber, or a certified repairman may do repairs as needed.A passing BFP test report must be submitted to the City of Atlantic Beach (COAB)Cross Connection Control Administrator after any repairs or device replacement. ' Active certification and inclusion on the municipal list of approved testers is mandated by municipal policy. AWWAlfreeo/ USCFCCCHR certificates are acceptable. Test Units must also meet with USCFCCCHR approval and should be calibrated annually. AGENDA ITEM#8C JUNE 14,2004 Installer is required to furnish the following information to the Cross-Connection Control Program im- mediately after a reduced pressure principle backflow preventer(RP),double check valve assembly (DCVA)or pressure vacuum breaker(PVB)is installed: 1)service address where device is located 2) owner, 3) description of devices location and size, 4) date of installation, 5) type of device, 6} ' manufacturer, 7) model number, and 8) serial number. by the City of Atlantic Beach, Public Works Department. 1 (3) i • 1 1 ' I ' AGENDA ITEM#8C JUNE 14,2004 pressure vacuum br ker(PVB)is installed: 1)service address where device is located,2)owner,3) PART 3 — INSPECTIONS 3.01 FREQUENCY tDue to changes in models or components of equipment, methods of manufacturing and additions to plants, buildings, etc.,water use requirements undergo continual change. As a result, new cross- connections may be installed and existing protection may be by-passed, removed, or otherwise ineffective;therefore,an annual or biennial detailed inspection by the customer of all water usage is required. 3.02 PROPOSED CONSTRUCTIONS All new construction plans and specifications for industrial or commercial facilities shall be reviewed by the City of Atlantic Beach's Public Werks-Utilities Department to determine the degree of possible cross-connections hazard. At this-that time, backflow prevention requirements in accordance with this policy will be made. ' 3.03 NEW AND EXISTING FACILITIES In order to determine the degree of hazard to the public potable water system,a survey will be made of the consumer's presently installed water system. This survey need not be a detailed inspection of the location or disposition of the water lines, but can be confined to establishing the water uses on ' the premises, the existence of cross-connections, and the availability of auxiliary or used water supplies. On–site inspections are made of new and existing facilities and should any devices or plumbing changes be required, a follow-up inspection will be made of the same facilities at a later ' date. PART 4 — DEFINITIONS ' AIR-GAP SEPARATION—The term air-gap separation shall mean a physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved air-gap separation shall be a distance of at least two (2) times the t diameter of the supply pipe measured vertically above the top rim of the vessel -with a minimum distance of one (1) inch. ' APPROVED: Accepted by the • _- a e' -. : _ _ _ _ _ - - :_. Public Utilities Department as meeting an applicable specification and approved by the Department of Environmental RegulatienProtection, State of Florida, or their tdesignee. t (4) 4 IAGENDA ITEM#8C JUNE 14,2004 IATMOSPHERIC VACUUM BREAKER: An approved device consisting of a check valve and an air inlet to relieve a vacuum. It shall effectively shut off the reverse flow of water when a negative Ipressure exists on the supply side of the device. AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from a I private nonpotable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc.,or"used waters"or"industrial fluids". These waters may be contaminated or they may be objectionable,and constitute an unacceptable water source over which the water purveyor does Inot have sanitary control. BACKFLOW: The flow of water or other liquids, mixtures or substances under pressure into the I distribution pipes of a potable water supply system from any source or sources other than its intended source. I BACKFLOW PREVENTION DEVICE: A backflow prevention device shall mean any effective device, method or construction used to prevent backflow into a potable water system. The type of device used should be based on the degree of hazard, either existing or potential. IBACKFLOW PREVENTION DEVICE - APPROVED: The term approved backflow prevention device shall mean a device that has met the requirements of one or more of the following standards: ' AW WA- C-506Standard for Backflow Prevention Devices, Reduced Pressure Principle and Double Check Valve Types. I ASSE - 1001 Atmospheric Type Vacuum Breakers ASSE - 1011 Hose Connection Vacuum Breakers ASSE- 1020 Pressure Type Vacuum Breakers ASSE- 1024 Dual Check Type Backflow Preventer(Residential Use Only) ASSE- 1013 Reduced Pressure Principle Back Pressure Backflow Preventers ASSE - 1015 Double Check Valve Type Back Pressure Backflow Preventers USC-FCCC University of Southern California Foundation for Cross-Connection IControl and Hydraulic Research BACKFLOW PREVENTION DEVICE TECHNICIAN-CERTIFIED IThe term certified backflow prevention device technician shall mean a person who has proven his competency to the satisfaction of the City of Atlantic Beach's Public Works Utilities Department. I Each person who is certified to make competent tests or to repair, overhaul and make reports on backflow prevention devices shall be conversant with applicable laws, rules and regulations and shall have attended and successfully completed the TREE)(Training, Research,and Education for I Environmental Occupations) Certification Program for Backflow Prevention Device Testers at the University of Florida, or other acceptable programs to the Public WerksUtilities Department. Due to frequent occupancy change, a minimum commercial service requirement of Reduced Pressure backflow prevention has been implemented. I (5) I 4 , AGENDA ITEM 08C JUNE 14,2004 BACKSIPHONAGE: The flow of water or other liquids, mixtures or substances into the distributing ' pipes of a potable water supply system from any source other than its intended source caused by the reduction of pressure in the potable water system. BACKPRESSURE: Backpressure shall mean any elevation of pressure in the downstream piping system(by pump,elevation of piping,or steam and/or air pressure)above the supply pressure at the point of consideration which that would cause or tend to cause, a reversal of the normal flow. provisiens-ef-thic poNsy.- CONTAMINATION: An impairment of the quality of the potable water by any solid, liquid, or ' gaseous compounds or mixtures to a degree which would create an imminent danger to the public health, or would create an unacceptable taste, odor or color to the potable water. ' Cross Connection Control Administrator: The Cross Connection Control Adminsitrator of the City of Atlantic Beach is invested with the authority and responsibility for the implementation of an effective cross-connection program and for the enforcement of the provisions of this policy. CROSS-CONNECTION: Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or backsiphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross- connected to a contaminated fixture, industrial fluid system or with potentially contaminated supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross- connections include connectors such as swing connections, removable sections, four-way plug ' valves, spools,dummy sections of pipe, swivel or changeover devices, sliding multipart tube, solid connections, etc. ' DOUBLE CHECK VALVE ASSEMBLY: An assembly composed of two single, independently acting, check valves*, including tightly closing shut-off valves located at each end of the assembly. *A valve that is drip-tight in the normal direction of flow when the inlet pressure is one p.s.i. and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow. The closure element(e.g., clapper)shall be internally weighted or otherwise internally loaded to promote rapid and positive closure and suitable connections for testing the watertightness of each check valve. HAZARD-DEGREE OF: The term degree of hazard is a qualification of what potential and actual harm may result from cross-connections within a water using facility. Establishing the degree of hazard is directly related to the type and toxicity of contaminates that could feasiblely enter the public water supply system and is determined by the Public Utilities Department. ' HAZARD-HEALTH: The term health hazard shall mean an actual or potential threat of con- tamination or pollution of a physical or toxic nature to the public potable water system or the ' consumer's potable water system to such a degree or intensity that there would be a danger to health. 1 1__1 AGENDA ITEM#8C JUNE 14,2004 INDUSTRIAL PIPING SYSTEM -CONSUMER'S: The term consumer's industrial piping system shall mean any system used by the consumer for transmission of or to store any fluid, solid or ' gaseous substance other than an approved public water supply. Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances to produce, conveyor store substances which that are or may be polluted or contaminated. REDUCED PRESSURE BACKFLOW PREVENTER: A device containing within its structure a minimum of two independently acting, approved check valves, together with an automatically ' operating pressure differential relief valve located between the two check valves. The first check valve reduces the supply pressure a predetermined amount so that during normal flow and at cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to ' atmosphere, shall operate to maintain the pressure between the check valves less than the supply pressure. The unit shall include tightly closing shut-off valves located at each end of the device,and each device shall be fitted with properly located test cocks. ' VACUUM BREAKER-PRESSURE TYPE: A pressure vacuum breaker is similar to an atmospheric vacuum breaker except that the checking unit"poppet valve"is activated by a spring. This type of ' vacuum breaker does not require a negative pressure to react and can be used on a pressure side of a valve. ' WATER PURVEYOR: The term water purveyor shall mean the owner or operator of the public potable water system supplying an approved water supply to the public. The utility shall be one that is operating under a valid permit from the Department of Environmental RegulationProtection. As used herein the terms water purveyor and City's Public Utilities Department may be used synonymously. WATER SYSTEM - CUSTOMER'S: The term customers water system shall include any water ' system located on the consumers premises,whether supplied by a public potable water system or an auxiliary water supply. The system or systems may be either a potable water system or an industrial piping system. WATER-USED: Any water supplied by a Water Purveyor from a public potable water system to a customers water system after it has passed through the point of delivery and is no longer under the ' sanitary control of the Water Purveyor. PART 5— Cross-Connection Hazards and Required Protections 5.01 FACILITIES TYPE OF BACKFLOW PROTECTION REQUIRED: An approved backflow prevention device of the 1 type designated shall be installed on each water service connection to the following types of facilities. This list is presented as a guideline and should not be construed as being complete. ' Abbreviations used are as follows: A.G.— Air-Gap Separation R.P. — Reduced Pressure Principle Backflow Preventer ' D.C.V.A. —Double Check Valve Assembly P.V.B. — Pressure Vacuum Breaker A.V.B. —Atmospheric Vacuum Breaker (7) IAGENDA ITEM#8C JUNE 14,2004 ' TYPE OF FACILITY MINIMUM TYPE OF PROTECTION I Breweries, Distilleries, Bottling Plants D.C.V.A. Car Wash with recycling system and/or Wax Eductor R.P. Chemical Plants R.P. Dairies O.C.V.A. I Dentist Office R.P. Fertilizer Plants R.P. Film Laboratory or Processing Plant R.P. Food or Beverage Plant D.C.V.A. I Hospitals, Clinics, Medical Buildings * R.P. (Parallel) Irrigation Systems D.C.V.A. or RV&P. Laboratories R.P. I Laundries& Dry Cleaning Plants D.C.V.A Machine Tool Plants(Health or System Hazard) " R.P. Machine Tool Plants(Pollutional Hazard) ** D.C.V.A. Metal Processing Plant(Health or System Hazard) " R.P. I Metal Processing Plant(Pollutional Hazard) D.0 V.A. Metal Plating Plant R.P. Morgues or Mortuaries R.P. I Nursing Homes R.P. Packing Houses or Rendering Plants R.P. Paper Products Plant R. P. Pesticides(Exterminating Companies) "' P.V.B. Overhead fill I Petroleum Processing Plant R.P. Petroleum Storage Yard (Health or System Hazard) R.P. Petroleum Storage Yard (Pollutional Hazard) . " D.C.V.A. I Pharmaceutical or Cosmetic Plant R.P. Piers, Docks or Waterfront Facilities R.P. Power Plants R.P. Radioactive Material Plants R.P. I Restaurants with Soap Eductors and/or Industrial Type Disposal R.P. Sand and Gravel Plants D.C.V.A. Schools with Laboratories A.V.B. Swimming Pools with Piped Fill Line A.G. at pool I Sewage Treatment Plants R.P. Sewage Pumping Stations PNaD.C.V.A. Tall Buildings over three stories ' R.P. IVeterinary Establishments R.P. Commercial facilities: Due to frequent occupancy change all commercial facilities require a minimum IRPZ on the service. In addition to and including those types of facilities listed above, an approved backflow prevention device of the type designated shall be installed on each domestic water service connection to any premises containing the following real or potential hazards. MINIMUM TYPE OF PROTECTION I Premises having an auxiliary water system whether or not connected to public R.P. water system Premises having a water storage tank, reservoir, pond, or similar R.P. I appurtenance Premises having a steam boiler, cooling system, or hot water heating R.P. system where chemical water conditioners are used Premises having submerged inlets to equipment R.P. I 111 u I ' AGENDA ITEM#8C JUNE 14,2004 ' Premises having self-draining yard hydrants, fountains, hose boxes ofr R.P. similar devices presenting a health or system hazard. (i.e., chemical ' storage plants, tank farms, bulk storage yards) Premises having self-draining yard hydrants, fountains, hose boxes or D.C.V.A. similar devices presenting a pollutional hazard. (i.e., parks, play fields, cemeteries) Others specified by the Public Utilities Department ' * INSTALLATIONS REQUIRING CONTINUOUS SERVICE: PARALLEL INSTALLATION All backflow prevention devices with test cocks are required to be tested with a minimum frequency of once per year. Testing requires a water shutdown usually lasting five(5)to twenty(20) minutes. For facilities that require an uninterrupted supply of water, and when it is not possible to provide water service from two separate meters, provisions shall be made for a "parallel installation" of backflow prevention devices. Multi-story buildings which have a number of flushometer toilets should be equipped with parallel devices. Experience has shown if the water supply is shut off to this type of building,flushometers ' may have to be manually reset. During testing one device is left on while the other is being tested. Usually the two devices are sized ' one device size smaller than the service line, e.g. one 2 inch device or two 1-112 inch devices,one 8 inch device or two 6 inch devices. The Public Utilities Department will not accept an unprotected bypass around a backflow preventer when the device is in need of testing, repair or replacement. HEALTH HAZARD; SYSTEM HAZARD; POLLUTIONAL HAZARD "Health hazard" means any condition, device, or practice in a water system or its operation that creates,or may create, a danger to the health and well-being of users. The word "severe"as used ' to qualify "health hazard" means a hazard to the health of the user that could reasonably be expected to result in significant morbidity or death. "System hazard"means a condition posing an actual or potential threat of damage to the physical properties of the public water system or a ' potable consumer's water system. "Pollutional hazard" means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water system or a potable consumer's water system. ***EXTERMINATING COMPANIES AU tanks,tank trucks,and spraying apparatus used to convey pesticides in an exterminating process are required to use only designated-protected potable water fill locations. Filling with potable water at unspecified locations or private residences is prohibited. All filling locations will consist of over- head piping arrangements with correctly installed pressure vacuum breakers. If,for any reason,an ' overhead piping arrangement cannot be used,a reduce pressure zone backflow preventer must be installed on the fill line. All filling locations must be approved by the Water--Dicthbbution DivisienPublic Utilities Department. 1 (g) ' + I ' AGENDA ITEM#8C JUNE 14,2004 ' NOTE: Any device,equipment or situation not covered by this cross-connection policy where water is connected or used, which may constitute a potential health hazard, will be handled at the ' discretion of the water purveyor or his authorized agent. 5.02 — Fire Systems TYPE OF BACKFLOW PROTECTION REQUIRED - FIRE PROTECTION SERVICES ' An approved backflow prevention device of the type designated shall be installed on each fire protection service to any premises where the fire protection system contains any of the following components unless the Public Utilities Department determines that no real or potential health, pollutional, or system hazard to the public water system exists. Fire systems ' may be divided into six (6) general classes. The following are typical: MINIMUM TYPE OF PROTECTION CLASS 1 a closed automatic fire system without pumper NONE connection, i.e., a system having 20 heads or less; ' CLASS 2 a closed automatic fire system with pumper connection; D.C.V.A. CLASS 3 a closed automatic fire system with pumper connection R.P. and an auxiliary water supply on or available to the ' premises; or an auxiliary water supply which may be located within 1700 feet of the pumper connection; CLASS 4 a closed automatic fire system with a closed pressure R.P. tank supply(this class may have a jockey pump ' ------ - - interconnected with the domestic water supply and/or an air compressor connection); CLASS 5 a closed automatic sprinkler system interconnected R.P. ' with an auxiliary water supply; CLASS 6 fire system used for the combined purposes of supplying R.P. the automatic sprinklers, hose lines, fire hydrants and ' standpipes and of being used for industrial purposes. (A) Self-Draining Fire Hydrants on premises presenting R.P. a health or system hazard (i.e., Chemical Plants, Petroleum Storage Plants, Bulk Storage Yards, Stock Yards, Sewer Plants, or similar facilities where ground seepage of toxic materials may occur. (B) Self-Draining Fire Hydrants on premises presenting a D.C.V.A. ' pollutional hazard (i.e., Apartment House, Office Complex, Fabricating Plants, or similar facilities where ground seepage of pollutional but not toxic materials may occur. 5.03 OTHER CROSS-CONNECTION HAZARDS ' 1. FIXTURE INLETS OR VALVED OUTLETS with hose attachments, which may constitute a cross-connection, shall be protected by the proper approved vacuum breaker(AVB, HBVB, etc.) installed at least six (6) inches above the highest point of usage and located on the ' discharge side of the last valve. Fixtures with integral vacuum breaker manufactured as a unit may be installed in accordance with their approved requirements. 1 (10) 4. ' AGENDA ITEM#8C JUNE 14,2004 ' 2. AIR CONDITION COOLING TOWER - Potable water inlet shall have an AG separation of twice the inside diameter of the inlet line or a minimum of two inches above the flood level ' rim. 3. ASPIRATORS AND EJECTORS-Shall have an AVB or PVB,depending upon the degree of thazard, on the faucet from which these devices are attached or operated. 4. BOOSTER PUMPS-All booster pumps shall be provided with a low pressure cut-off unless other acceptable provisions are made to prevent the creation of low or negative pressures in ' the piping system. 5. PRIVATE WELLS—An approved backflow-prevention assembly RPZ shall be installed at the ' service connection of the water purveyor to any premises where there is an auxiliary water supply or system, even though there is no connection between the auxiliary water supply and the public water system. 1 6 the-Water-Dstebetien-Divisten, 6. PORTABLE SPRAY AND CLEANING EQUIPMENT-Any portable pressure spray or cleaning units that have the capability of connecting to any potable water supply and do not contain a built-in approved air-gap, should be fitted with a reduced pressure backflow device or double check valve assembly depending on the degree of hazard. 7. MISCELLANEOUS USES OF WATER FROM FIRE HYDRANTS - The operation of fire ' hydrants by other than authorized personnel is prohibited. The department may permit the use of water from a fire hydrant for construction or other purposes provided the applicant shall properly apply for, and adhere to backflow requirements on hydrant permit. NOTE: Any device, equipment, or situation not covered by this cross-connection policy,which may constitute a potential health hazard, will be examined for appropriate treatment by the Water Distribution-DivisienPublic Utilities Department or authorized agent. I • 1 fll, IAGENDA ITEM AC JUNE 14,2004 IPACES 12 THROUGH 20 ARE I ORIGINAL MANUAL. 2 Times THE NEXT PAGE IN THIS DOCUMENT Diameter IS PACE 21. Hood Rim IAG—Approved-Air-ea • ' good for toxic and non-toxic Overflow • good against backpressure No and backsiphonage �� Line ' --From Cooling Jacket • a distance of 2-times the Etc.diameter of supply pipe,never less than a P'gap • best protection against Funnel backflow provided it is installed properly and not ' circumvented • ANSI Standard No.Al12.1.2 —Floor Drain I I AVB-Approved Atmospheric Vacuum Breaker • good for most toxic and all Inon-toxic substances - _ • good for backsiphonage ONLY Disc has high ar 17 • No control valves on discharge heat and water IAl. side of device hammer shack inlet I • minimum of 6"between base resistance of device and highest outletide out ofthe • no more than 12 hours of i liquid ' ontiuuous service in a day• sizes available 'G"-3" No Valves pressure a ea • ASSE Standard No. 1001 11pownatam - , '_, isI Float durable and li•htweight, Full Size Orifice closes vent wi h I assures pipe size minimum flow capacity am or dories may es coned.me "critical level"If not otherwise specified I (12) Il IAGENDA ITEM#8C JUNE 14,2004 Iread scr.., IPVB-Approved Pressure ,,I cairn.,Breaker "0d` • good for toxic and non-toxic I177 substances t� ea°n•1 I • good for backsiphonage ONLY Bonnet seat • can be installed under vent°°e (r, 1 • •�•' Y,i 4'rsf n continuous pressure(vales 0001 case^ - - 0P ijd 8tci °.n Flea' I f.d.1 -----411/7)"t � .vr5`/ fe'r.' Lam-- ate/ downstream) �} • Minimum of 12"between base t", G1aoe vena pec of device and highest outlet __ I . must be tested annually °'ic °"°° - e • sizes available: '/"-2"(2 /e"_ "f"--............. -To :.. r✓r��/(�11Q\e.tenl.. 10"not normally used) Toil c=o- r U �� o • ASSE Standard No. 1020 "o.' \') r e G2 Th I / Check Va:re So 3 ��, 1 I Gem v=iva Not 7{ l : IHBVB—Approved Hose Bibb Vacuum Breaker • to be installed on all hose threaded faucets • good against backsiphonage • J I and VERY LOW backpressure • not to be subject to continuous pressure — . . It i - • size:a/a" Al 6 • ASSE Standard No. 1011 NOlveleae.e°b lyw ho,.Coll es mai sere*.. I Wan k)59 a: water Suoply.CISC (1) seals lightly acaics: tllaparagm 12l preventing back I ais opens,of of water and Ogen,atmospheric vents Pl I (13) •I I + I IAGENDA ITEM#8C JUNE 14,2004 IDCVA-Approved Double #3 test cock Check Valve AssemblyA. #4 test cock I • good for non-toxic substances such as steam,air,food 9 beverages • good against backsiphonage #1 gate valve and backpressure > A #2 gate valve • installed minimum of 12" py -a. - Q I above ground or flood level of flow �u 'tlp-<�\�\\ \_.)0 • must be tested annually r ��"„ • sizes available%"- 10" - l # I test cock ' • ASSE Standard No. 1015 or AWWA Standard C506-78 #2 test cock #2 check valve I # I check valve I I RP-Approved Reduced Pressure Principle Backflow Preventer #3 test cock ' • good for toxic and nontoxic substances #4 test cock I • good against backsiphonage # 1 check valve and back pressure • installed minimum of 12" above ground or flood level - yam. I • must be tested annually • sizes available'/."- 10" # 1 gate valve ( #2 gate valve • ASSE Standard No. 1013 or ,'I `.. I AWWA Standard C506-78 Illrectio ate, g 1. I # I test cock i I #2 test cock IPressure #2 check valve Differential Relief Valve I I (14) I + I IAGENDA ITEM#8C JUNE 14,2004 I Dual Check Valves I • ASSE Standard No. 1024 suited particularly for installations immediately downstream from residential water meters where poten- ' tial pollutants from residences could enter the water mains (APPROVED FOR RESIDENTIAL USE ONLY) Igill,, ........................................................... _.. ' ir /111 _, 1 11111 - > v Union/ I "0" Ring 1st Check "0" Ring 2nd Check Union Seal Module Union Seal Module I TYPICAL INSTALLATIONS (ILLUSTRATED) IAirgap Separation I Butterfly To Chemical Process I . Valve or other Nonpotabla CI o�. 1 Flood Level Rim $ Use Fixture I Potable Water' Mln.2 Diameters / - I itt__ I ' Surge tank and booster pump. (151 I 4 ' AGENDA ITEM#SC JUNE 14,2004 I I Pressure Vacuum Breaker The pressure vacuum breaker cannot be installed where there can be backpressure I only where there can be ilLtil backsiohonape.The pressure vacuum breaker can have 12' Minimum Abele shut-CU valves downstream 'I IM Highest Outlet of the device.The PVB must I be installed at least 12'aboveHose Bib the highest owlet or,If it Is feedingverlrim of the lank.The —w 1 following figure shows a .Flow typical installation on a sprinkler System. I Atmospheric Vacuum Breaker Have Hole;Unit Cannot Have Any Shutoff Downstream of It. Just as the pressure vacuum et 1 1 II breaker,acuuthe atmospheric — r m breaker cannot be I'• installed where mere can be \; I I! 6' Minimum Above backpressure,only where I Highest Outlet there can be nacksipnpnaSe. 914E:� I The atmvalve downvacsum tream ky rrfSlrr �•4-a•� breaker cannot have any t " af.r tris onut011 valves st be all _ , of it. II also must be installed p I at leas 6'above Inc highest Out/el or Inc topmost overflow Flow • m of a nonpressure lank. The following illustration . shows the AVB on a sprinkler ISystem, • I I DUAL CHECK BACKFLOW PREVENTER (FOR RESIDENTIAL USE ONLY) I Meow Bre Insisllation I Curb 9s- 3 Shut-offDUAL CHECK M ;pi k"`" ' Velvim — • bW�� rrs Shutoff Valve To N id n r ' ... .. 5 Met.,Boa `c sro.dw. ,,, I (16) I k , ' AGENDA ITEM H8C JUNE 14,2004 i HOSE BIBB VACUUM BREAKER i SERVICE SINK/FAUCET WITH HOSE THREADS •, HOSE BIBB VACUUM _ BREAKER I I i ;tom TYPICAL INSTALLATION ON SERVICE SINKS, LAUNDRY i TUBS, DEVELOPING TANKS AND WASHING MACHINES. i amuxumminiin 1. 11/1•11 I� II HOSE BIBB VACUUM ' HOSE BIBB VACUUM BREAKER BREAKER _ OUTSIDE YARD SPIGOT .,I . / WITH HOSE IN POLLUTED ' + - f PUDDLE i (1vt�� ' TYPICAL INSTALLATION ON SILL COCKS, HOSE BIBBS, YARD HYDRANTS, SWIMMING POOLS, WASH RACKS AND OTHER FAUCETS WITH GARDEN HOSES. i (171 i , I AGENDA ITEM#8C JUNE 14,2004 I DOUBLE CHECK VALVE ASSEMBLY 1 TYPICAL INSTALLATION I _ SHUT OFF VALVESI I Au - r---L, ii Ie G' FLOW 0 II G FLOW O I 0 I . Ir MINIMUM DISTANCE -/ FINISH GRADE II I ABOVE GROUND a-ell Is I 1 II SHUT OFF VALVES —.........,,,..± 1 u 11 1 S"MINIMUM G G '' CRAM1 _.___ • r • I FL IG FLOW G I�I ` ORA _, DEVICE' .. K.Tn O FINISH GRA R 1 111 I MODIFIED PIT (IF ABSOLUTELY NECESSARY) (18) I 4I I AGENDA ITEM#8C JUNE 14,2004 I REDUCED PRESSURE PRINCIPLE BACKFLOW i PREVENTION DEVICE I TYPICAL INSTALLATION I SHUT OFF VALVES I 1 ''S ./_T_I ii fa mi I FLOW I -�il:1174il. ° �,„hII�1�11. / Li_ RELIEF VALVE_ Y.TYPE DISCHARGE I STRAINER (OPTIONAL) 12'4- PIPE DIAMETER FINISH GRADE (MINIMUM DISTANCE) N 'I1j .1 li... .`Sl .. ' 1 , o].:),J, I ''..III'.f ' 1..41',. r .Si! iii TSF. , /I L, \ '. I 7rm iIII♦ ABOVE GROUND Nip i SHUT OFF VALVES 1 (VALVES TURNED ON SIDE 1 St I "Sin' 11 FLOW I' a II {o in't ° ,10901` • _ RELIEF VALVE -1- Th—Th— DISCXAPGE 12' MIN. I V-TYPE STRAINER i y )OPTIONAL) I 1T+ PIPE )STAN EP (MINIMUM DISTANCE) 'N ' FINISH GRADE I I DRAIN A A NOMINAL OEVCFCFI MODIFIED PIT • S SIZE I (IF ABSOLUTELY NECESSARY) [191 I 4I I AGENDA ITEM k8C JUNE 14,2004 I a I • a, i � I es MAIN I:! !.an dh_ �1111i., • I� — RELIEF VALVE DISCHARGE TYPE j STRAINER (OPTIONAL} Itt"+ PIPE DIAMETER(MINIMUM DISTANCE) DRAIN III I INDOORS (IF ABSOLUTELY NECESSARY) I ♦L A'tit I fa ' t '� \ �.� - ](Til=t T = li . ''7. E �s is,i _.0144,S '' --f7` 9� PARALLEL INSTALLATION a+,,4' Where conlmmua now may be required even G Q • ��' during times al servicing or testing,or where �r_YYYY 1 greaecrocapacity Than a single unit may Pe � � a ' nary.then two units connected In parallel s mmended. ' I WSJ I 12" • 411 ' � •, , .V��'•e I • gTFR t S/ I (` METER 1 S'A'N 1201 I I } 1 AGENDA ITEM q8C JUNE 14,2004 I NOTE: Single check valves will not be accepted as a means to protect the potability of drinking water and therefore may only be used to prevent backflow which would effect the functioning of a plumbing system, such as to prevent recirculation of potable hot water. Where single check valves are improperly used, they will be required to be replaced by an appropriate approved backflow prevention device. VACUUM BREAKERS (vacuum relief valves)designed to prevent collapse or implosion of a steam- heated pressure vessel when being cooled are not acceptable devices for protection against backflow in potable water lines. PART 6— Testing of Backflow Preventers It shall be the duty of the customer-user at any premises where reduce pressure backflow ' prevention devices(RP),double check valve assemblies (DCVA), and pressure vacuum breakers (PVB)are installed to have thorough inspections and operational tests made at least once a year or more often in those instances where inspections indicate a need. These inspections and tests shall be at the expense of the water user and be performed by the device manufacturer's representative, ' - _ ':. ':- - :- :- -- , or by a certified device technician. The water purveyor,will notify the customer-user when tests are required and supply the necessary test forms and instructions.-These forms will be completed and returned to the water purveyor by the date indicated. PART 7 — Penalties for Non-Compliance 7.01 TERMINATION OF SERVICE A written notification detailing all cross-connections found during the inspection will be sent to the owner or authorized agent of the owner of the building or premises,stating that corrections must be made and setting a reasonable time for compliance. Upon failure of the owner or authorized agent ' of the owner of the building or premises to have the defect(s) corrected by the specified time the water purveyor shall cause the water service to the building or premises to be terminated. The water purveyor shall cause discontinuance of water service if a required backflow prevention device has been bypassed or failed to be tested or properly maintained as required by this policy statement. ' -The water purveyor shall also cause discontinuance of water service if an air-gap separation system is compromised. 7.02 MONETARY PENALTIES Violations of this policy, if not corrected after due notice, will be referred to the Code Enforcement ' Board of the City of Atlantic Beach. Under Florida State Statute 162.09, the Code Enforcement Board may impose fines of up to $250.00 per day for a first violation and $500.00 per day for a repeat violation. 1 1 (21) ' II ' AGENDA ITEM#8C JUNE 14,2004 i PART 8 —Pertinent Sections of Local Codes I Sec. 2146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and 1 decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances; (2) Building codes, as adopted by the city; (3) Standard Housing Code, as adopted by the city; (4) State of Florida Health Code; (5) Florida State Statutes; and (6) State, county and local laws and ordinances whose intent is to promote the health, ' welfare and safety of the citizens of the city. (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions in subsection(a)may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord.No. 95-80-21, § 3, 12-8-80; Ord. Na. 95-85-26, 2-25-85; Ord.Na. 5-96.27, § 1, 3-25-96) ' State law reference—Intent, F.S. § 162.02. Sec. 2-147. Procedure;hearings. ' Enforcement procedure and conduct of hearings shall be as set forth in Florida Statutes Sections 162.06 and 162.07. (Ord. No. 95-80-21, § 4, 12-8-80; Ord.No. 5-96-27, § 1, 3-25-96) Sec. 2-148. Powers. The code enforcement board shall have the powers as set forth in Florida Statutes Section ' 162.08. (Ord. No. 95-80-21, § 5, 12-8-80; Ord. No. 5-96-27, § 1,3-25-96) Sec. 2-149. Penalties;lien. Penalties and liens shall be as set forth in Florida Statutes Section 162.09. (Ord.No. 95-30-21, § 6, 12-8-80;Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) 1 ' (22) 4I i AGENDA ITEM 48C ■■■ JUNE 14,2004 L 1 Sec. 22-32. Connection of private water systems to city system prohibited. No person shall interconnect a privately owned water system to the city's water system. ' (Code 1970, § 27-16) Sec. 22-33. Prohibited acts. No person shall connect or turn on any water service or tap or make any alteration to any main or distribution pipe of the city's water system or in any way interfere with or molest any of the wells,reservoirs,basins or water in the same,or permit any connection or tapping to be ' made to the city's water system on his premises or the premises occupied by hint or knowingly use city water from unauthorized connections. (Code 1970, § 27-17) ' Sec. 22-42. Definitions. Cross connection means any physical arrangement whereby a public water supply is ' connected, directly or indirectly, with any other water supply system, sewer, drain, lawn sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices which contain or may contain contaminated water,sewage or other waste or liquid of unknown ' or unsafe quality which may be capable of imparting contamination to the public water supply as the result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeable devices and other temporary or permanent devices through which or ' because of which backflow could occur are considered to be cross connections. (Ord. No. 80-92-50, § 1, 10-12-92) ' Sec. 22.43. Cross connections;backflow devices. (a) No consumer of water from the city water system shall have a cross connection or potential cross connection either inside or outside of any building or buildings without a ' barkflow prevention device being installed to prevent any and all backflow. (b) Only the following are considered to be backflow prevention devices and shall be installed in agreement with and under supervision of the supplier of water or his designated ' representative: (1) Air gap separation_A physical separation between the free-flowing discharge end of a ' potable water supply pipeline and an open or nonpressure receiving vessel.This gap must be at least double the diameter of the supply pipe measuresd vertically above the rim of the vessel and in no case less than one (1)inch. (2) Reduced-pressure backflow preuenter.A device containing within its structure a min- imum of two(2)independently acting,approved check valves,with an automatically operating pressure differential relief valve located between the two(2)check valves ' that will discharge to the atmosphere if the check valves should fail.This unit shall include tightly closed shut-off valves located at each end of the device and each device shall be fitted with properly located test cocks. ' (23) EAGENDA ITEM#8C TUNE 14,2004 L 1 1 ' (3) Atmospheric uacuam breaker. This device is operated by atmospheric pressure in combination with the force of gravity.The unit is designed to work on a vertical plane only.The one moving part consists of a poppet valve which must be carefully sized to the slide in a guided chamber and effectively shut off the reverse flow of water when t there is a negative pressure. (4) Pressure vacuum breaker. This device is similar to an atmospheric vacuum breaker, except that the checking unit "poppet valve" is activated by a spring and does not ' require a negative pressure to react. (5) Double check-value assembly. An assembly composed of two(2) single, independently acting drip-tight check valves, including tightly closing shut-off valves at each end and suitable connections for testing the water tightness of each check valve. (c) The city or its representatives with proper identification may enter at any time inside or outside of any building or buildings for the purpose of checking for cross connections. If a cross connection or potential cross connection is found,the city shall have the right to discon- tinue water services until the problem has been corrected by elimination or until a proper backflow prevention device has been installed.All backflow prevention devices will be checked periodically by a city representative to insure proper operation. (d) These provisions relative to a cross connection have been established for the protection ' of all the inhabitants of the city and to comply with Chapter 17-22.107(4), Florida Adminis- trative Code. (e) All water services and plumbing fixtures shall conform to the latest edition of the City ' of Atlantic Beach Cross Connection Control Policy Manual. (Ord. No. 80-92-50, 9 1, 10-12-92) Secs. 22-44-22.55. Reserved. •1 4 IAGENDA ITEM#8C JUNE 14,2004 LKaluzniak, Donna I From: Sowerby, John R. [John.R.Sawerby@dep.state .us] Sent: .fl Thursday, April 29, 2004 5:47 PM To: Kaluzniak, Donna Cc: Hoofnagle, Van; Cordova, Ed ISubject: RE: Cross Connection Control Follow Up Flag: Follow up ' FlagSSStatus: Flagged ' 3cch7" )) Donna, IVan Hoofnagle has asked me to reply to your April 7 e-mail about cross-connection control. I First, I apologize for taking so long to reply to your e-mail. Your e-mail was originally forwarded to me at a time when I was out of the office, and it got lost in a sea of other e-mail. I It is, and always has been, the Department's intent that all community water systems have a real cross-connection control program that the water system implements. Prior to August 28, 2003, Florida Administrative Code (FAC) subsection 62-555.360 (2) read, "Community water systems. . .shall ESTABLISH I cross-connection control program. . . . " The word "establish" was intended to mean "introduce and enforce." However, to make our rules more clear and more enforceable, we decided to insert the phrase "and implement" after the I word "establish" in FAC subsection 62-555.360(2) and did so effective August 28, 2003, so that FAC subsection 62-555.360(2) now reads, "Community water systems. . .shall ESTABLISH AND IMPLEMENT a. . .cross-connection control program. . . . " This clarification applies to all community water systems and I in no way implies that community water systems in existence before August 28, 2003, are, or ever were, exempt from having to implement their cross-connection control program. I FAC subsection 62-555.360 (2) requires that cross-connection control programs be consistent with the recommendations in American Water Works Association (AWWA) Manual M14, Recommended Practice for Backflow Prevention and Cross-Connection Control. AWWA Manual M14, which is recognized nationally I and represents standard practice for the water works industry, recommends installation of a proper backflow preventer at the potable water service connection to certain premises or systems that present a hazard to the public water system, including premises where there is an auxiliary water system I such as a private well. Auxiliary water systems present a very real hazard to public water systems. Auxiliary water systems generally contain nonpotable water or water of unknown quality, and it is common for owners of auxiliary water systems to temporarily or permanently connect their auxiliary Iwater system to their potable water system to provide supplemental water to their auxiliary water system when their auxiliary water supply is insufficient or when their auxiliary water pump fails. It is usually I difficult for a water supplier to be certain that there is no current connection between a customer's auxiliary water system and potable water system, and even if a water supplier can be certain that there is no connection TODAY, the water supplier cannot be certain that there will be no I connection TOMORROW; thus, the recommendation for a backflow preventer stands regardless of whether there is a known current connection between a customer's auxiliary water system and potable water system. I I am attaching a checklist that may help you in making sure that your updated cross-connection control program complies with FAC Rule 62-555.360 and AWWA I AGENDA ITEM#8C JUNE 14,2004 Manual M14 . Additionally, the Drinking Water Program staff in rhe Department's Northeast District Office in Jacksonville may be able to perform a preliminary review of your updated cross-connection control program and may be able to attend your City Commission meeting to help explain some of the requirements. Please contact Ed Cordova, P.E. , Drinking Water Program Manager in the Northeast District Office, at ed.cordova@dep.state. fl.us or 904-807-3300, extension 3305. John R. Sowerby, P.E. Florida Department of Environmental Protection Drinking Water Program (MS 3520) 2600 Blair Stone Road t Tallahassee, Florida 32399-2400 john.r.sowerby@dep.state.fl.us Telephone: (850) 245-8637 Fax: (850) 245-8669 Original Message From: Kaluzniak, Donna [mailto:dkaluzniak@ci.atlantic-beach.fl.us] ' Sent: Wednesday, April 07, 2004 4:14 PM To: Hoofnagle, Van Cc: Clemons, Malcolm Subject: Cross Connection Control One of our employees recently attended a class where rule changes were discussed. One of these changes was to 62-555.360 (2) that water systems must implement their cross connection control programs -- no grandfathering. Can you verify this change--especially the no grandfathering part? When we download the rule from the internet it doesn't discuss the grandfathering issue. We are going to update our cross-connection plan for approval by our City Commission, and I want to ensure we have all the information correct. ' Also, it would be helpful to have someone from DEP present at the meeting (not scheduled yet) to help explain some of the requirements. Is there someone that would be willing to do so? Our local office is the Jacksonville office. Thank you for your help - Donna Donna Kaluzniak Utility Director 1200 Sandpiper Lane Atlantic Beach, FL 32233 PH: 904-247-5834 FAX: 904-247-5843 dkaluzniak@coab.us •1 • t ' 2 AGENDA ITEM#9 JUNE 14,2004 L I June 7, 2004 MEMORANDUM ' TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Han SUBJECT: City M er's Report Warning Flags for Surf Conditions;There is a newly adopted uniform state plan for flags on beaches to warn swimmers of hazardous surf conditions. To implement this plan in Atlantic ' Beach will require that poles and signs advising of what the flags mean must be installed at several of the most visible beach entrances. ' Taylor Middleton, a local Boy Scout from Troop 40 has contacted the City about completing an Eagle Scout project and would like to handle this project for the City. The plan is for our Public Works Department to design, select and purchase the hardware and materials for the project. After determining the appropriate locations, Mr. Middleton will work with Public Works and lifeguard staff members to install the signs and flagpoles at appropriate locations along the beach. When completed, our lifeguards will have a standardized mechanism to communicate surf conditions to people enjoying the beach and Mr. Middleton will have successfully completed his Eagle Scout project. The work should be done this summer. ' Mayors from Montenegro; For the third time in recent years, Atlantic Beach has been asked to meet with city officials from foreign countries to describe our system of local government and answer any questions that they may have. Most recently,two Mayors from Montenegro ' (formerly Yugoslavia) visited Atlantic Beach on June 2, 2004. They were from the cities of Zabljak and Danilovgrad. Both Mayors expressed their desires to hire a professional manager for their cities and convert to a council-manager form of government. They had been receiving help from the International City Management Association(ICMA). 1 i