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Agenda Packet 06-28-04
I I ' CITY OF ATLANTIC BEACH COMMISSION MEETING JUNE 28, 2004 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of June 14, 2004 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report B. Appointments to fill vacancies on two Pension Boards 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. Reject all bids received under Bid No. 0304-10 for CDBG drainage improvements at George and Dudley Streets, and authorize staff to rebid the project using a revised plan(City Manager) ' 5. Committee Reports 6. Action on Resolutions ' 7. Action on Ordinances ' A. Ordinance No. 95-04-88 Public Hearing and Final 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 B. Ordinance No.90-04-185 Public Hearing and Final 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 L1 I 8. Miscellaneous Business ' A. Authorize the City Manager to sign the Letter of Agreement and Cooperation Between the Three Beach Cities on the Florida Department of Environmental Protection Total Maximum Daily Load(TMDL) Issue (City Manager) B. Receive report relative to water and sewer rate restructuring and authorize staff to draft an ordinance to adopt revised rates in accordance with the ' Burton and Associates report and with the requirements of the St.Johns River Water Management District(City Manager) C. Provide direction to staff regarding revisions to the City Code to address ' clear sight distance at street intersections and for sidewalks (City Manager) D. Authorize staff to draft an ordinance to amend the City Code to eliminate the payment of interest on customer deposits(City Manager) E. Approve increase in the existing contract with GAI Consulting to an amount not to exceed $79,500 in order to provide inspection services ' F. through this fiscal year(City Manager) Award a contract to CDM for grant application preparation services for Hopkins Creek Stormwater Regional Detention Facility in the amount of ' $11,989.00(City Manager) G. Authorize the City Manager to enter into a contract with Purvis Gray& Company for audit services for a four-year period at a cost totaling ' $158,000 plus related services costs if needed per the Request for Proposals specifications, with an option to renew for an additional two years if mutually agreed upon(City Manager) ' H. Select a Voting Delegate for the Florida League of Cities Annual Conference (Commissioners Simmons and Waters attending) (City Manager) Appointment to Tree Board to replace Susan Grube J. Discussion and related action in connection with parking for the Cloister Condominium at 10 Tenth Street(Comm Parsons) ' 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 25,2004. 1 2 I I MINUTES REGULAR CITY COMMISSION MEETING JUNE 14, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern 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 24, 2004 Motion: Approve Minutes of the Regular Meeting of May 24, 2004 as presented. ' Moved by Parsons, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' Courtesy of the Floor 2. Courtesy of the Floor to Visitors There were no comments from the floor at this time. ' 3. Unfinished Business from Previous Meeting A. Report Relative to Intersection of First Street and East Coast ' Drive Chief Thompson reported that at the last meeting residents had expressed ' concern that the wall constructed at the northwest corner of the intersection of 1"Street and East Coast Drive obstructed their view so they could not safely enter the intersection. Chief Thompson displayed photographs showing the visibility from all directions at the intersection and stated the Police Department evaluation of the intersection revealed that the visibility I I June 14, 2004 REGULAR COMMISSION MEETING Page 2 from a smaller car was so limited at night that it posed a safety hazard. t Chief Thompson stated that to reduce the hazard, two additional stop signs were installed on East Coast Drive, making the intersection a four way stop. ' Chief Thompson indicated that the new wall, which was properly permitted and constructed on the northwest corner, mirrored the visibility problems caused by an existing wall on the southeast corner. It was pointed out that ' parking adjacent to the new wall further limited visibility. A copy of Chief Thompson's report is attached and made part of this official record as Attachment A. Commissioner Parsons stated that he favored removing the stop signs on East Coast Drive and lowering or removing the new wall. He indicated that the pre-existing wall had been there more than ten years and presented no problem. ' Commissioner Simmons believed that even if the new wall was modified or removed, parking at the corner would cause a visibility problem. She ' suggested that all intersections be evaluated to keep ahead of similar situations in the future. ' Commissioner Beaver believed that decisions regarding the placement of stop signs should be made by the Commission. Chief Thompson stated that signs placed on East Coast Drive were placed there temporarily due to the ' visibility hazard at the intersection and the Commission should decide whether the stop signs should remain permanently. Commissioner Beaver believed that if the stop signs were permanently installed at the intersection, ' requests would be made for additional stop signs all over the city. City Attorney Jensen advised that the intersection was deemed dangerous ' by the Police Department, partly due to the wall that was permitted by the city. He believed the city should take precautions to protect pedestrians, bicyclists, and skateboarders using the sidewalk as well as vehicles. He ' believed there would potentially be some liability on the city's part if the city ignored the situation. ' Harvey Warnock, owner of the property where the new wall was constructed, stated he did not want to remove or modify the wall. He explained that that the wall was properly permitted and constructed with ' quality materials and steel reinforcement in accordance with the city code. Mr. Wamock favored keeping the intersection a four way stop. ' Discussion of options for improved safety at the intersection ensued and Mayor Meserve requested staff to bring options to increase safety at the intersection along with their related costs and legal ramifications back to the 1 1 I June 14,2004 REGULAR COMMISSION MEETING Pane 3 City Commission for further consideration at the next meeting. The City Commission concurred. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of monthly reports from Building, Public Works and Utilities, and Public Safety Departments (April), and ' reports of new Occupational Licenses and Utility Sales (City Manager) B. Extend contact 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) 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 Motion: Approve Consent Agenda Items A through E as presented. Moved by Waters, seconded by Parsons Votes: ' Aye: 5— Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports ' A. Tree Conservation Board Report Maureen Shaughnessy, Chair of the Tree Conservation Board, updated the ' Commissioners on the activities of the Board since January 1,2004. Ms. Shaughnessy reported that the Board had revised the tree removal application form to make it more "user friendly," and they were working on a draft ordinance to protect the tree canopy of the city. She indicated that 123 tree inspections had been made and$8,725 in mitigation fees assessed. Ms. Shaughnessy indicated that four applicants had failed to pay their ' mitigation fees and the cases may be turned over to Code Enforcement for collection. ' Commissioner Simmons inquired if the current ordinance would be updated to increase mitigation requirements. Ms. Shaughnessy indicated that they were working in that area, and the current fee was $117 per inch. t E I ' June 14,2004 REGULAR COMMISSION MEETING Pace 4 Commissioner Waters inquired if funding was available if a group of ' citizens wished to plant an allee of trees along a particular block. City Manager Hanson responded that the city would consider the request, but pointed out that funding could not collectively exceed $2,000 annually for ' private property projects. He indicated there would be no cost if the trees were planted on city right-of-way under the Adopt a Tree Program. Commissioner Waters stated he would like to see protection of specimen trees. Resolutions 6. Action on Resolutions: ' None. Ordinances 7. Action on Ordinances A.AN ORDINANCE Ordinance No.AM20-04-64 PubliENDINGc Hearing & Final Reading 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 final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. ' Moved by Parsons, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' B. Ordinance No. 25-04-36 Public Hearing & 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 Mayor Meserve read the ordinance by title only. i I ' June 14,2004 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 25-04-36 on final reading. 1 Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. tThere was no discussion. ' Moved by Beaver,seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' C. Ordinance No. 95-04-87 Public Hearing & 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 ORDINANACES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE ' The Mayor read the ordinance by title only. ' Motion: Approve Ordinance No. 95-04-87 on final reading. Mayor Meserve opened the floor for a public hearing. ' Dan Foglton of 333 4th Street spoke in opposition to the ordinance. Mr. Fogiton believed that a few complaining citizens should not be allowed to ' take the privilege of possessing and using personal fireworks away from the majority. He believed parents should educate their children in the safe handling of fireworks and families should be allowed to celebrate the 4th of ' July. He felt that the citizens of Atlantic Beach should have been allowed to vote on the ordinance. ' Mayor Meserve explained that most fireworks were already illegal under state law, and that Jacksonville Beach and Neptune Beach passed or were in the process of passing similar laws to regulate fireworks. He indicated that ' shooting off exploding fireworks and rockets from the beach had grown over the years and presented safety and visibility issues for those trying to watch the Jacksonville Beach fireworks display. It was also pointed out that ' the plastic residue left from the exploded fireworks littered the beach and required extra cleanup. The Mayor stated that the ordinance would not completely ban fireworks, but would provide the Public Safety Department 'E a mechanism to regulate their use. i I June 14,2004 REGULAR COMMISSION MEETING Page 6 ' Commissioner Parsons agreed with the Mayor. Commissioner Beaver believed passage of the ordinance was more of a safety issue and he hoped the citizens of Atlantic Beach would be able to go to the beach and enjoy future Jacksonville Beach and Mayport fireworks displays. Moved by Parsons, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED 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 ' Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 95-04-88 on first reading. ' Commissioner Simmons requested that the code contain language that would prevent the cleaning of fish on the beach. She believed that it was addressed under Chapter 5,Beaches and Parks, Sec. 5-4 Littering, but the language should be more specific. ' Mayor Meserve expressed concern for cutting buffers within twenty feet of any occupied residential property and indicated that in some cases adjoining residential property owners desired the undeveloped property left in its ' natural vegetative state. Code Enforcement Officer Sherrer responded that the addition of item twelve provided a means to enforce lot mowing if a complaint was received. Moved by Parsons, seconded by Waters Votes: ' Aye: 5—Beaver, Parsons,Simmons,Waters, Meserve Nay: 0 MOTION CARRIED 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, t I June 14,2004 REGULAR COMMISSION MEETING Paee 7 BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION • AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. ' Motion: Approve Ordinance No. 90-04-185 on first reading. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED - Miscellaneous Business 8. Miscellaneous Business Authorize Builders A. Authorize Builders Care to perform CDBG funded housing Care to Perform CDBG rehabilitation services pursuant to the City's 2003-2004 CDBG Funded Work Contract (City Manager) ' Motion: Authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's 2003-2004 CDBG Contract. There was no discussion. ' Moved by Beaver, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED ' Appointments to Two Pension Boards B. Appointments to fill vacancies on two Pension Boards (City Manager) ' Mayor Meserve stated that he would like to postpone the appointment(s) until the next Commission Meeting in order to obtain additional information concerning the applicants. There were no objections to the request. 1 Revised Cross- C. Adopt the revised City of Atlantic Beach Cross-Connection Connection Control Control Policy Manual (City Manager) ' Policy Manual Motion: Adopt the revised City of Atlantic Beach Cross-Connection Control Policy as presented. 1 I June 14,2004 REGULAR COMMISSION MEETING Page 8 Commissioner Waters stated that he had problems with the revised Cross- Connection Control Policy and believed it was just another unfunded state mandate to the citizens of Atlantic Beach. He felt that it was the city's responsibility to protect its water supply and the city should pay for the cost ' of backflow prevention, including installation and testing. Utility Director Kaluzniak explained that property owners with existing private wells and existing irrigation systems would be required to install backflow preventers with the new requirements under the Department of ' Environmental Protection's rule 62-555. She indicated there would be no "grandfathering" of existing potential cross connections, and property owners would be notified to install proper backflow prevention, including ' those with no current connection to the municipal water system. Discussion of costs ensued. Ms. Kaluzniak indicated that it would cost $250- $300 to install the device on a'%"residential service and $40 per year for testing. ' Commissioner Simmons inquired if the city had ever experienced water contamination due to a cross connection. Ms. Kaluzniak responded that to her knowledge it had never happened. Discussion of the placement and size ' of the residential backflow preventer ensued. Commissioner Beaver believed the city had no recourse but to adopt the new policy, whether or not they agreed with the new DEP requirements. City Attorney Jensen advised that the city ordinance passed in 2000 ' required adoption of the latest rules and regulations of the DEP and if the city did not adopt the revised Cross-Connection Control Program Policy, it would be in violation of its own ordinance. Moved by Beaver, seconded by Parsons Votes: Aye: 4—Beaver, Parsons, Simmons, Meserve Nay: I - Waters MOTION CARRIED 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. E I June 14,2004 REGULAR COMMISSION MEETING Pane 9 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney ' Commissioner Beaver Reported that he would be out of town and unable to attend the next ' meeting. C. Commented on the stop signs placed on East Coast Drive at 15t Street ' and indicated that he understood the signs were installed to protect the public, but noted that there were many intersections throughout the city with similar visibility problems. iCommissioner Simmons ' Believed the city should move ahead with increasing sight line requirements at other intersections before additional problems arise. Commissioner Parsons C. Commented concerning enforcement of the fireworks ordinance and ' confirmed that it was the city's intention to gain voluntary cooperation. Chief Thompson indicated it was the department's intent to make the first year an educational process, but the department would confiscate ' fireworks if necessary. C. Stated he was in South Florida recently and two cities in that region had ' passed similar ordinances regulating the use of fireworks. Commissioner Waters • Believed the penalty for the use of fireworks was too low to be a deterrent. 4 Commented that site triangle regulations should have been enforced in the past. ' C. Believed it should be a crime to cross connect a shallow well or irrigation system with the city's potable water supply. ' Mayor Meserve ' • Reported that he had been made aware of a not for profit company that had a prescription drug program for the needy called Prescription Relief. The company presently operates in the north and would like to expand ' its operations to the southern states. The Mayor briefly explained what E I June 14,2004 REGULAR COMMISSION MEETING Pane 10 he knew about the program, and said he would like to obtain additional information to see if the city should support the program for its needy residents. He indicated he would report back to the Commission within ' the next two months. No one objected to the request. Adjournment There being no further discussion,the Mayor declared the meeting adjourned at 9:05 p.m. John Meserve, Mayor/Presiding Officer ATTEST: ' Maureen King Certified Municipal Clerk 1 • 1 1 1 E AGENDA ITEM 03A JUNE 28,2004 June 21,2004 ' MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jun Hanso City ana SUBJECT: Follow-u eport Visibility Complaint; Intersection of 11th Street and Seminole Road; Concerns were raised at the last commission meeting that some of the trees planted by the City in the last year were ' blocking the visibility of motorists at the intersection of Seminole Rd and 11th St.. David Thompson checked this complaint out and agreed that while the trees do pose a minor visibility problem, there is sufficient room for cars at this intersection to move ahead of the stop bar to ' safely get a better view of oncoming traffic. With this in mind, city staff has been asked to coordinate the planting of future trees in the vicinity of intersections with new proposed regulations that will be presented to the Commission on 6/28/04. These are a result of the discussions over construction of walls, parking and other site impediments that caused for the four way stop at the intersection of l ' Street and East Coast. Fish Refuse on the Beach; A question was raised at the last meeting about the legality of leaving refuse from fish cleaning on the beach. Leaving these materials is unlawful under the City Code. Two code sections relating to this are as follows: 12-1(b)(1) It is unlawful 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 to the public health. ' 5-4 It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab, cigarette butts, or other type of refuse upon the beach in the city. ' City lifeguards are being educated as to these provisions of the City Code. 10th Street Parking:,Residents of the 10th Street condominium complex adjacent to the beach have approached the City Commission on several occasions requesting that several public parking spaces be restricted for their private use. Most recently, I recommended that the city update its previous estimates as to the value of the places for possible rental to the 10th Street ' owners. A local appraisal firm has been contracted to prepare this estimate. The work has taken several weeks, and some of the 10th Street owners have expressed frustration in the delay in completion, but the appraiser has committed to the completion of the report prior to the ' commission meeting. If the appraisal is received prior to the June 28th meeting,then a report will be made as to the value at that time. L AGENDA ITEM#3B JUNE 28,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSIONER MEETING STAFF REPORT ITEM: Appointment of two Pension Board Trustee positions vacated by Edward L. Lipscomb SUBMITTED 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. The 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 years and one resident to the General Employees Pension Board for a period of 4 years. t • ATTACHMENTS: I. Pension Board General Information Summary t 2. General Board Criteria— Sec 2-266 and Sec 2-267, City Code 3. Police Board Criteria— Sect-305 and Sec 2-306, City Code 4. Police Board Criteria—Florida Statutes 185.05 ' 5. Applications (2) REVIEWED BY CITY MANAGER: ' AGENDA ITEM#3B JUNE 28,2004 111 CITY OF ATLANTIC BEACH BOARD MEMBER INFORMATION SHEET IIME OF BOARD Pension Board for General Employees LAME OF APPLICANT/MEMBER Richard T. Downes 1632 Park Terrace West ADDRESS 246-1720 same IAYTIME PHONE EVENING PHONE downessr@attbi.com E-MAIL ADDRESS FAX* • • 1 Please provide a brief explanation of your interest in this field and your reasons for wishing to be appointed to this rid. I 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. 1 My secondary college major was in economics, my first endeavor after World War II 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 I retired as Administrator of Vital Records. In addition to my vocational experience, I have handled my own investment portfolio for many tyears and advised informally for a number of my family members. 1 ' RECEIVED Please return completed form to Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 JAN 1 6 2003 OFFICE OF THE CITY CLE AGENDA ITEM#3B JUNE 28,2004 ' • RESUME IRichard Taylor Downes Born July 27, 1923 Boston MA EDUCATION IPrimary Public Schools 1928-37 Newton F.Boston MA,Providence RI 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 I 70th US Naval Construction Battalion PhM3c Jan 43-Nov 45 PhM2c Mar- Dec 43 Mediterranean:North Africa, Sicily PhM2c Jan -Aug 44 Davisville RI I PhM2c Sep - Oct 44 Camp Parks CA PhMI c Nov 44-Nov 45 Patifc: Hawaii, Guam,Iwo Jima, Saipan,Okinawa, Philippines,Japan I FAMILY IWife Ethel Louise Kennedy Married August 11, 1944 Providence RI Son Richard Taylor., Jr Born January 5, 1947 Providence RI • Son Stephen Kennedy Born August 5, 1949 Providence RI • I Son James Edward II Born September 22, 1954 Poughkeepsie NY I Grandchildren 3 Great grandchildren 4 IVOCATIONAL 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 . Lansberg Hotels Sales Promotion Jan 60-Mar 60 Miami Beach FL Schine Roney Plaza General Manager Apr 60 - Dec 60 Miami Beach FL IDelano Hotel Sales Promotion Jan 61 -Aug 61 Miami Beach FL Rolling Green Motor Inn Mgmt Consultant Sep 61 - Mar 62 Andover MA Warwick Motor Inn Mgmt Consultant Apr 62 - Dec 62 Warwick RI ' IRamada Inns Mgmt Consultant Jan 63-Aug 63 Cocoa Beach FL Crossway Inn Mgmt Consultant Sep 63 -Apr 64 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 I Florida Office of Vital Statistics Vrtal Records Admin d,tor Nov 67 - Jul 89 Jacksonville FL •some positions held concurrently AGENDA ITEM#3B JUNE 28,2004 I CITY OF ATLANTIC BEACH BOARD/COMMITTEE MEMBER INFORMATION SHEET I . • NAME OF BOARD/COMMITTEE Pension Board of Trustees • I 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 anneeminorevahoo.com FAX# 241-8911 I 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. ' I want to become involved with the City of Atlantic Beach. In May of 2003 1 returned to Atlantic Beach after a 10 year absence. Though my last residency here lasted only 15 months, I finally I 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 I 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 I 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 Iconsideration. An - ' nor - I I I I Please return completed form to Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 • 1 I I1 AGENDA ITEM#4A NNE 28,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Proposed Rejection of Bids for CDBG 2004 Drainage Improvements at George & Dudley Streets SUBMITTED BY: Rick Carper, P.E., Public Works Director ' DATE: June 28, 2004 BACKGROUND: The bid opening for CDBG 2004 Drainage Improvements at ' George & Dudley Streets occurred on June 16, 2004. Only one of five prequalified contractors submitted a bid, and their bid ($143,985.60) was substantially over the budgeted amount. The plans as bid may require modification because of an opinion from the SJRWMD that the project as designed will require an Environmental Resource Permit. Staff will meet with SJRWMD reviewer to determine permit requirements and/or plan revisions on 6/23/2004. BUDGET: This project is funded from the CDBG account, Budget Line item 110-1005- 515-6300; PW0402 — Current balance $112,168. RECOMMENDATION: Staff recommends rejecting all bids for this project. The City would then rebid the project following plan revision, allowing the five prequalified firms to bid and also inviting any additional bidders to prequalify. ATTACHMENTS: Bid Tabulation REVIEWED BY CITY MANAGER: ?Le IAGENDA ITEM#4A JUNE 28,2004 I f a. 0 ' o ^ o m U o 4p I cc U5. O Pte Id O ' a ma H C w O X N I N E c • E o w > O g�� o m m 0 0 U t% eC CI N t ❑ d X X X XW O Si N ❑ c c x ' Ci i a m ca LAI U t q N u C9 eco ' L cC w O N ._ T ~ U I m Q o U N T C w (U 2 N l0 _ N O- ] >' > ° m a Um � 5 c+ St_ m I L w ° D I Te Z 2 m w K Z > g N H m I o Z ¢ N Y c C9 ` a U0 CO L ❑ ° e N U U ' ' ean o o yf N m 2 E ;: m c J to y r y ; I 7 m E m o v m n 9 S m c N > > . m 0 _m y V ° oE ay e o< E I . m c 4, ❑ c m c Q 4 m 0U .; O E al m c ° m ~ ag 5 E co . < E T a m c m C !- I 33 4NfK O m mI— ' AGENDA ITEM#7A JUNE 28,2004 1 ' 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. 124. Enumeration. ' (a) It shall be unlawful for any person eatufal-ef-empefafe-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 trcct, a'.,mac- loy or oterpublic or private property place, any house or building,premises, sewer, or gutter, any filth, garbage, • - - : - - :: or any 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 b--woods growing the-eon -r by the depositing of th or rubbish of any kind. .... ... . . . ' (4) For any person to Te allow, suffer or permit any stagnant water to accumulate Of dep_uitca or erected either above or below the ��ti ground, without exercising necessary precautions to prevent the propagation of mosquitoes therein; (5) For any person to keep,herd, and feed any animals,oueh-as-legs hersear in any manner which may be 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 ff7A JUNE 28,2004 1 (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 ' wells, shafts, basements, excavations, construction, . .. ... , .. . . : - , or any structurally unsound fences or structures. (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, icc x, refrige sto-_ appliances, household furniture glass,building material, building rubbish debris, or similar items. (8) For any person to To allow, suffer or permit any building or structure which,by storm damage aet-e€Ged, 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-owns-es-premises unless -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. t (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 anv developed lot,or within 20 feet of any occupied residential property, business property,or City Right of Way. (e)-(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-to tppeeHe 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. : - ' -• •? ' '' e Where formal notification cannot be ■ Page of EOrdinance No.95-04-88 AGENDA ITEM#7A JUNE 28,2004 t served upon the owner, occupant or custodian - -:: : .:: ` .:. : . ° - .-: .: : - '::.': -- - . -- --,:' . -: ; - - - :- - -:, orv ublic safety precludes the use of certified mail, the order shall be posted in a conspicuous place upon the premises. The as a lien on the property. E fty-ofAt:a_tic_Reach . . ager',, ' 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 ' 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 of4 Ordinance No.95-04-88 t AGENDA ITEM#7A JUNE 28,2004 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. aehetr .. . .. . Section 2. This ordinance shall become effective immediately upon its final passage and ' adoption. Passed by the City Commission on first reading this 14th day of June 2004. Passed 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: 1 MAUREEN KING, CMC CITY CLERK t Page 4 oro Ordinance Na.95-04-88 ' AGENDA ITEM#76 JUNE 28,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT t AGENDA ITEM: Final reading and public hearing to adopt Ordinance 90-04-185, which shall enact provisions/ regulating boats and watercraft p SUBMITTED BY: Sonya Doerr, AICP 69 Community Development Director DATE: June 18, 2004 BACKGROUND: Proposed ordinance 90-04-185 was approved upon first reading at the ' June 14th meeting. These new provisions, which will prohibit from being used as a permanent residence and from being improperly docked or anchored, will be included within Chapter 24,the Zoning, Subdivision, and Land Development Regulations, as part of Division 7, Supplementary Regulations. BUDGET: No budget issues. ' RECOMMENDATION: Motion to enact Ordinance 90-04-185. ATTACHMENTS: Proposed Ordinance Number 90- -185. REVIEWED BY CITY MANAGFR• i June 28,2004 regular meeting AGENDA ITEM#713 JUNE 28,2004 ' 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#7B JUNE 28,2004 ' (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. 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. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 1 ATTEST : MAUREEN KING City Clerk 1 Ordinance 90-04-185 Page 2 of 2 AGENDA ITEM#8A JUNE 28,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Consultant Services to Represent the Beach Cities Regarding Total Maximum Daily Load(TMDL) for Nitrogen in the St. Johns River ' SUBMITTED BY: Donna Kaluzniak, Utility Director ' DATE: June 21, 2004 BACKGROUND: The Department of Environmental Protection(DEP)recently enacted a Total Maximum Daily Load (TMDL) for nutrients (nitrogen) in the lower St. Johns River. A TMDL represents the total loading of a constituent in pounds that can be added to the river without causing impairment of the water body. DEP is now in the process of allocating nitrogen reduction requirements among point sources (outfalls) along the river, which could result in a requirement for the beach cities to upgrade their ' wastewater treatment processes, possibly costing millions of dollars. DEP has concerns that the beaches' effluent is causing problems in the area of the Dames Point Bridge due to tidal influences. In 1987, DEP required the 3 beach cities, which were discharging to the Intracoastal Waterway, to either reduce nutrients by upgrading the treatment plants or develop other options for their t discharge. Consultants were hired, and the best option for the beach cities, as approved by DEP, EPA, and other agencies was to construct a combined force main to discharge the effluent at the mouth of the river. Because of the huge flows at this location, EPA noted that our effluent would ' have no adverse impact to the river and plant upgrades would not be needed. The beaches spent many millions of dollars and finished construction of the 10-mile combined effluent force main and ' individual pumping stations in 1987. The beach cities agree with the focus to improve the health of the river, and are committed to ' doing our part. However, staff from all three cities have met and determined that engineering and legal assistance may be required to ensure the beaches are not unfairly burdened with a requirement that has already been fulfilled by relocating our outfall location. ' Jacksonville Beach has requested proposals from their continuing contract engineer, Applied Technology& Management for modeling work to determine the actual impact of the cities' ' effluent on the river. This firm has several years experience working with DEP's very complex model for the TMDL for the Lower St. Johns River. The total cost of engineering is $76,000, of which Atlantic Beach's share (based on design plant flows)would be $34,200. Jacksonville ' Beach's City Attorney recommended the cities request a proposal from Lewis, Longman& Walker, a firm with extensive environmental experience. The estimated legal costs $88,000, with Atlantic Beach's share being $39,600. A 15% contingency is also requested. I AGENDA ITEM#8A JUNE 28,2004 1 BUDGET: Funds for work during the current fiscal year are available in the Sewer Fund in ' account number 410-5508-535-3100. This includes Atlantic Beach's share of Task 1 for the engineering contract in the amount of$5,625, and FY04 legal work in the amount of$8,100 for Atlantic Beach. Funds in the amount of $32,862 for engineering and $36,225 for legal fees (which includes the 15% contingency) will need to be included in the FY05 budget. RECOMMENDATION: Authorize the City Manager to sign the Letter of Agreement and ' Cooperation Between the 3 Beach Cities on the FDEP Total Maximum Daily Load (TMDL) Issue. ATTACHMENTS: 1. Letter of Agreement and Cooperation Between the 3 Beach Cities on the FDEP Total Maximum Daily Load(TMDL) Issue. ' 2. Proposal from Applied Technology&Management 3. Proposal from Lewis, Longman and Walker, P.A., Attorneys at Law REVIEWED BY CITY MANAGER: ■'! 2 ■ IAGENDA ITEM#8A JUNE 28,2004 I LETTER OF AGREEMENT AND COOPERATION BETWEEN THE 3 BEACH CITIES On the FDEP Total Maximum Daily Load (TMDL) Issue I It is agreed that 1) a law firm with environmental experience be retained to represent the Beach Cities concerning the TMDL reduction allocation issue, and 2) an environmental engineering firm be retained to nm scenario evaluations with the complex computer-modeling suite to determine the impact of the IBeach Cities' combined outfall effluent on river water quality. Jacksonville Beach agrees to administer the consulting work on behalf of the 3 Beach Cities. The I Jacksonville Beach City Manager or his designated representative, the Jacksonville Beach Public Works Director,will administer the consultant agreements for this cooperative effort. Jacksonville Beach has a continuing engineering service contract with Applied Technology& I Management(ATM). ATM provides expert environmental, water resources, and coastal engineering & science services. This firm has excellent experience over the past three(3) years utilizing and verifying Ithis particular computer-modeling suite developed by the Saint Johns River Water Management District. The Jacksonville Beach City Attorney recommends retaining the services of Lewis, Longman, and Walker,P.A.,Attorneys at Law, to represent the Beach Cities on the TMDL issue. The firm of Lewis, I Longman, and Walker has a great deal of experience in Environmental and Land Use Law. This firm and ATM have worked together in the past and have an excellent relationship. I The consultant costs are to be shared in the same manner as done for the Outfall Effluent Copper Modeling & Mixing Zone Study. Consultant invoices for completed work will be processed by Jacksonville Beach,with Neptune Beach and Atlantic Beach reimbursing Jacksonville Beach. The I estimated consultant costs are shown below with the cost sharing percentages. (Copies of consultant agreements/proposals are available separately.) Treatment Plant Location Design Flow %Total Engineer Firm Law Firm TOTALS** (MGD) Design Flow Estimated Cost* Estimated Costs* IJacksonville Beach(l plant) 4.5 41.3% $31,388 $36,344 $67,732 Neptune Beach(1 plant) 1.5 13.7% $10,412 $12,056 $22,468 IAtlantic Beach(2 plants) 4.9 45% $34,200 $39,600 $73,800 TOTALS 10.9 100% $76,000 $88,000 $164,000 I * Contractual arrangements with each firm will be separate. A 15%contingency is also recommended. ** For FY2004(thru September 40,2004),Neptune Beach and Atlantic Beach will be responsible for their percentages of the TOTAL Estimated Costs up to$12,500 for the Engineer Firm and$18,000 for the Law Firm. I Neptune Beach and Atlantic Beach will be responsible for their percentages of the remaining TOTAL Estimated Costs plus a 15%contingency during FY 2005 (October 1,2004,through September 30,2005). AGREED: Jim Hanson, City Manager City of Atlantic Beach Date: Signature Jim Jarboe, City Manager City of Neptune Beach Date: Signature George Forbes, City Manager City of Jacksonville Beach Date: ignature I I04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM#84 JUNE 28,2004 i 1 1 APPLIED TECHNOLOGY AND MANAGEMENT 1 / U► A 1 PROPOSAL FOR CONSULTING SERVICES 1 BEACH COMMUNITY COMBINED EFFLUENT TMDL MODELING AND EVALUATION 1 1 1 SUBMITTED TO: ATLANTIC BEAc.H NEPTUNE BEACH JACKSONVILLE BEACH 1 1 June 10,2004 1 1 1 I04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM N8A JUNE 28,2004 PROPOSAL FOR ' CONSULTING SERVICES TMDL MODELING AND EVALUATION INTRODUCTION ' The three coastal communities in Jacksonville sbatc a common wastewater outfall that releases into the St Johns River near its intersection with the Intracoastal Waterway,about 2.5 milts upstream of the river's ocean temtinus. A recent TMDL developed for the Lower St Johns River performed by the SJRWMD set a specific loading reduction criteria for Total Nitrogen in the marine portion of the river. Subsequent to the TMDL being adopted by the FDEP,the initial proposed allocation of Total Nitrogen reductions indicates that Beaches communities may be expected to decrease their combined effluent Total Nitrogen load to the river by 30%in comply with the TMDL ' 'Ibis proposal seeks to evaluate die findings of the TMDL to determine the specific impacts of the effluent on the water quality in the river and to relate those impacts to other sources in the area The ' assessment will also include the predicted impacts of the effluent on the dissolved oxygen(D.O.)sag in the fiver upstream of the outfall atound the Fulton Cut/Dames Point an This area has been noted in the TMDL documentation as a point of concern. The following scope of services outlines an approach to evaluate the acinar impact of the combined discharge, as indicated by the FDEP accepted modeling suite, on the marine section of the St.Johns Rivet. This proposal is based on convetsathms with Mr. Ty Edwards, PE. and knowledge gained ' during three yenta of monitoring and evaluating the Lower St Johns River TMDL development This scope of work is preliminary and can be modified as needed to meet specific requirements of the beaches communities. APPROACH Applied Technology & Management, Inc, (ATM) has been working with various stakeholders throughout the lower basin for over three yeas to assure that the TMDL was developed using the best science in an appropriate mama. These efforts entailed reviewing in detail all three compka components of the TMDL modeling effort _ EFDC hydrodynamic modeling, PLSM external load modeling,and CE-QUAL-ICM water quality modeling. ' PACE 2 OP I 04/14/1999 16:59 904-247-6117 lAX BOH PUBLIC WORKS AGENDA ITEM#8A JUNE 28,2004 1 1 As part of our review work and interaction with the SJRWMD and FDEP,we have monitored their model calibration through the process of milking this modeling suite on out computer equipment to assure tepeatabdhy and accuracy. The latest modifications to these models remain loaded on our ' computers and we currently have the capability to perform scenario evaluations with minimal ramp-up time To evaluate the extent and impacts of the combine treated wastewater discharge,we propose to perform the three tasks listed below. Completion of these irks will provide the beach communities with detailed information regarding the impact of the combined discharge on the aver with respect to Chlotophyll-a (C1d-a) and D.O. and help decline a course of action that can be used to justify an alternative TMDL allocation approach to the FDEP. ' Close coordination between the agencies and the beaches communities wig be a necessity to assure that all parties ate aware of efforts being at to revise and refine the proposed T2WDL allocation. To help facilitate this coordination,ATM will meet with the Beach Communities on a monthly basis to provide updates and insight into the preliminary findings of the proposed tasks. We will also commit to attend the monthly TMDL Stakeholder and TMDL Executive Committee meatless throughout this process to present information as needed and remain cumene with the ongoing evolution of the TIvfDL allocation. 1 TASK 1-CIRCULATION AND TRANSPORT ATM will use the calibrated EPDC hydrodynamic model application developed by the SJRWMD for the TMDL to isolate the transport and fate of the combined effluent. The total extent and concentration of the effluent plume will be evalated to determine whether It ever teethed the Fulton Cue/Dames Point area and if so at what concentration and under what conditions. This is a relatively ' simple application and does not involve the full water quality model. A consesvadve tracer will be utilized within EFDC to track the distribution and concentration of the effluent over time The average and mnimum concentrations (or convcment dilutions) in the Fulton Cut/Dames Point ata will be determined end compared to the critical A.O. sags that the Mies ase attempting to alleviate through implementation of the TMDL 1 ' PAGE 3Or5 •1 04/14/1999 16:59 904-247-6117 JA% BCH PUBLIC WORKS AGENDA ITEM 48A JUNE 28,2004 1 TASK 2 -TOTAL NITROGEN AND DOD If there is an indication that the combined effluent reaches the Fulani Cut/Dames Point arca in a sufficient con rnrcadon and at appropriate timer to waemt fue see study the full, calibrated hydrodynamics,eateaml load,and antes quality model system used to establish the TMDL will be used to evaluate the impacts of the effluent The model system will be used to mink the Toed Nitrogen and are BOD for the outfall and to isolate the specific influence of the effluent in the river. The magnitude of the Total Nitrogen and BOD sepals in relation to other sauces in the river will also be evaluated. TASK 3-D.O. AND D.O. DEFICIT ANALYSIS ' The final ask is to determine the specific impact of the combined effluent on the D.O.la the river in general end the D.O.sag in the Felton Cut/Dames Point area in panic-der. The results of Me Task 2 modeling will be used to dem®ine the specific influence of the eluent on Chl-a and subsequently,the D.O. in the aver in teams of the D.O. deficit (i.e. the additional D.O. loss in the river due to the particular effluent source). The evaluation will be done by comparing two scenarios,one with and ant without the combined effluent. The results will also be enlisted specifically in the area of the noted D.O.sag. TASK 4-REPORT PREPARATION ' A description of each of the madding tasks,assumptions nude, analysis results, and conclusions will be documented and Included in a find report The report will also include quantiarive and qualitative graphical example to support the conclusions presented. ATM will assist in meetings with the FDEP and SAW/AD as necessary to present the results of this modeling and evaluation effort 1 1 PACS I OP 5 •1 I ' 04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM#8A JUNE 28,2004 t ' PROFESSIONAL PEE ESTIMATE SUMMARY Task Scope Element Estimated Pees 1 Circekdes ed Tmsp rt $12,500 2 Tot Nimogm and$OD 124,500 3 D.O.sod D.O.Degos Analysis $26,000 ' 4 tepee Pi/panties 113,500 Total Pau Not to Emco $76,500 1 1 1 I . ' PACE 5 OP 5 t ' ; 19:42 904-247-6117 JA% BCH PUBLIC WORKS AGENDA ITEM#8A JUNE 28,2004 Ja:3S raw-Lewis Longman waixer nag-rsr-az[J r-osz PO j LEWiS, LCNGMAN &WALKER PA ATTORNEYS AT LAW "11(4pMo Shape F)oe(Jd' Futuro'® ERENNA M.DURDEN,ESQUIRE /t 9428 EaymeadawI Road,Suite 625 Jack :6411e, Pt 32256 ' (904)737.2020 Phu((904)737-3221 Contac Person RUTH G1RRIN TELECOPY COVER SHEET Client/Miner No. 375-002 Pages:___.4bele: Juru11D,2004 Noof perm arlo4ma onetime 1 To: WILLIAM T."Tr EDWARDS, Toleeopy Number. 2474117 Telecopy Number: ' Telccopy Number: Telecopy Number: Subject: 1 ' Message: SEE ATTACHED DRAFT ENGAGEMENT LETTER. PLEASE REVIEW AND ADVISE. ' 111E INFORMATION CVMMNPD N TID91UaWPYNESSAMD ATTOBNHYCIJEJT PRIVII90RD AND WNPIDEOIAL MPDXMATtON PnUWBD ONLY PM WAX OP MB a1DlVIDUAL0a ETMY MAID ANNE PM/PAM OP TM%IMAM a MOTIVE PYIPNDPD RPI'RIaN,,VC% ARE NERPPY NOTff®D THAT ANY D139sMNATION.D1ernSUEDN OR corm,OP TN13 COMMUNICATION IP efRUCILY PROHSIRG P YOU ItICIIW!DNIS C NrAtEw IN Kea N2AS 14M3D(AI WNW/UI Y Y IT TREONONa.AND ISTORN TN10140NAL MKSA04 1015 ' RP,ablin aatraroammov, g eD )TJT2e2a-t (11 (NS 2.3M03-TALLAIASNI5 OM)6104130-Win PAL I IPAd 1 1 1 i 19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM#8A jio- err rc:a rnuu-149-Y L11:is### wainm -G•-nal--«. °J ' JUNE 28,2004 Reply To: fecksONvrtL6 ' VIA FACSIMILE—247-6117 lune 15,2004 DRAFT William T. 'Ty"Edwards,P.E, Director of Public Works 11 City of Jacksonville Beach t460-A Slettcr Avenue,2q'Floor Jacksonville Beach,FL 32250 RE: Legal Representation of Three Beach Cities—TMDL Requirements ' Dear Mr.Edwards: On behalf of the law firm of Lewis, Longman & Walker, P.A., thud[ you for the opportunity to work with you and your consultants on the above referenced mortar. The following represents the tonna and conditions of representation by the Firm on this matter. L, Spm, Lewis, Longman & Walker, P.A. will provide advice and ' represenudon to the City of Jacksonvillc Beech, City of Neptune Beach, and City of Atlantic Beach,regarding the establishment of new outfall requirements associated with TMDLs for the St.Johns River for the Beach Cities' combined sewage treatment facility. Wayne Flowers and I ' will be the shareholders in charge of this matter and will be primarily responsible for providing and supervising the legal whets required. We will be=variable for ensuring that this matter is staffed In a manner adequate and appropriate to the requirements of the repnaentation. At this time,I anticipate that Melissa Grose Arnold and Maggie Mooney,Associates in our Finn, will be involved in this matter. We will use our beat Judgment to determine the amount of time, who is w perform specific tasks and work, and the nature of the services to be performed in your best interests, 2. Professional Feet Wayne and I will be the primary attorneys working on this matter. Our governmental tate is $195.00 an hour, In addition, we may assign work to other attorneys or paralegals within the office, depending upon who can best do the work in the most ' efficient manner. The hourly rate for Associate emomsys ranges from$160.00 to $180.00 per hour. These nm will be in effect through December 2004 and will be modified annually thereafter M January of each subsequent year. We will provide you with our new rates along with the Finn's statement of services rendered in January of each year. 3. ]bttimstcd Feel, At your request, we have estimated fees through September 30, 2004, to be in the range of $12,000 to $18,000, and foe the twelve (12) months thereafter t (October 1,2004—September 30,2005)to be In the range of$40,000 to$70,000. As you might imagine, it quite difficult to determine any Ruch amounts, primarily because this type of project is significantly impacted by Issues and actions arising from third patties. 1 , 19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM 08A JUNE 28, 2004 1 Banc 15,1004 DRAFT Page 2 4. Costs and Expanses. The firm charges for costs and expenses incurred on your behalf for this representation. Attachment 1 sets forth the most commonly incurred costa and exponacs. We may advance these costs and seek reimbursement in our billings or we may at our discretion require you to deposit these coati with us before the costs arc incurred. 5. $illine and Payment. We will bill you on a monthly basis for professional ' services rendered and expenses incurred in connection with this matter. You agree to pay the amount of each statement in full within twenty(20)days of the billing date. Should you question or dispute any items or any statement, you agree to notify us in writing of any such question or ' dispute within fifteen (15) days of the billing date, and we will assume you do not have any dispute if we do not hear from you in that time. 6 Default. In the event any suit or action is brought to enforce the provisions of this ' Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in such proceedings,including appeals. ' We sincerely thank you for choosing our firm to assist you in this most important tatter. If you apes with the foregoing terms and conditions, please sign in the space provided at the bottom of the letter.return the original to me and retain a copy for your records. On behalf of the Firm.I look forward to misting you in this matter. ' Sincerely, Brenna M.Dusden ACCEPTED 8Y: CITY oY JACKSONVILLE BEACH Br 7:Yei Date: I ' .1 19:42 9e4-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM#8A ' -'ei-sac rug, JUNE 28,2004 A-174 lb: thus-Lewis Longman Waluer sag-r Jr-it“ I June 15,2004 IPage 3 . ATTACHMENT.1 1 Coat/Expense Typical Charges IComputer Research Actual usage+proportionate share of base subscription. Court Reporter* Direct invoice from vendor to client or paid from retainer, I Delivery Charges Actual amount invoiced to finis Mode of delivery based on need and economy. Messenger Service Actual amount invoiced to the firm, ' Overnight Express Actual amount invoked to the firm. Telefacsimile Outgoing; Actual telephone charge+$12S/page. Incoming: No charge ' Photocopying Inside copies; $0.2Wpagc Outside services: Actual amount invoiced to firm. I Secretarial Overtime No charge Telephone Charges Actual long distance and cellular charges + proportionate share of base subscriptions. I Temporary Help Travel-Local/Surface Actual amount invoiced to the firm. Reasonable mileage or actual rental charges. 'Travel-Out-of-Town Intrastate: Actual common carrier charges for coach. I Internam: Actual common carrier charges for business class_ Megls/Accommodations:—Lowest...�emporara... seasooet-'rite- available,reasonable business related meal expenses. Word Processing No charge Other Expense; No cost invoiced to the firm. In selected cases,these Items may be directly invoiced from vendor to client. I I I I I AGENDA ITEM#8B JUNE 28,2004 1 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Restructuring of Water and Sewer Rates ' SUBMITTED BY: Jim Hansop'Cicy-A4e DATE: June 18, 2004 ' BACKGROUND: Attached for your review is a report from Burton and Associates ' dated June 11, 2004 concerning the proposed restructuring of water and sewer rates. Burton was originally contracted to make various projections concerning rate options many months ago to implement ' water-conserving rates required by the State and to make other changes. Earlier reports were presented both to the St. Johns Water Management District (WMD) and to the City Commission. The WMD is requiring Atlantic Beach, as well as other water suppliers,to amend our rates to provide financial incentives for large residential water users to cut back. WMD representatives agreed with the last proposal for the residential water rates from Burton, with the stipulation that there be no phase-in so that the ' impact would be most strongly felt by the larger residential customers with the assumption that they would make larger reductions in their water usage. The City had previously proposed to phase in the implementation of water and sewer rate changes both for residential and commercial customers. Upon receiving word of the WMD's comments on the phase-in of the new rates, ' several proposals were presented to the Commission. The one most favored was to implement the residential rates immediately while phasing in the commercial rate changes. However, a ' question was raised about the revenue neutrality of this to the City. While the commercial rates were to be amended by increasing the base charges for water rates to be more in line with those of other ' cities, the residential rate changes not only had significant increases for the largest residential users,but also had decreases for some of the smallest users. The overall intent was to be ' "revenue neutral"to the City. Phasing-in one portion of the changes while implementing the others may have caused for a loss to the City during the phase-in period. The attached report from Burton and Associates outlines a proposed water and sewer restructuring that is no longer revenue ' neutral to the city. This rate instead is designed to change the 1 AGENDA ITEM#8B JUNE 28,2004 current rate for residential customers as little as possible except to ' add the increasing blocks for the larger users and to increase revenues for the City. The State Revenue Generation charge, has been eliminated and spread into the base charges for both inside ' and outside customers. Customers with irrigation meters would have their rates begin at one of the higher blocks to offset the fact that they have two meters. Most inside City customers would experience something between a small decrease up to a 5% increase. The larger customers would have much more significant increases depending on their usage. ' The elimination of revenue neutrality is recommended due to declining water and sewer revenues. Atlantic Beach has experienced lower water and sewer sales over several years. Staff believes that this is a result of some conservation already taking place as well as the installation and retrofitting of new low flow plumbing fixtures. Also, several of our larger customers have found and repaired major leaks in their systems. There may also be a slight reduction in the accuracy of some of the city's meters, which are becoming older. Most of the meters were replaced at one time in 1996. Older meters sometimes read less volume than what ' actually passes through them. However, the water production from the plant has also been dropping over several years, which would indicate that most of the reduction in sales is not due to meter ' accuracy. The City's water and sewer rates have only increased by one and a ' half percent over the last two and a half years while inflation and other factors have increased costs substantially more. The result of all these factors is that our water and sewer revenues are running ' below budgeted projections and the City may not meet it's bond coverage ratio this year. The recommended approach by Burton and Associates would generate approximately$380,000 in ' additional revenue next year for the City. Our preliminary estimates for the upcoming budget indicate that this would allow the City to satisfactorily meet the bond coverage ratio for the next ' year. The Burton and Associates report does not address the previously ' proposed amendments to the commercial rates. However, given that the residential restructuring is no longer on a revenue neutral basis, an in depth calculation of the phase in cost is no longer ' necessary. The commercial rates can be implemented through the phased in process as recommended by the City Commission several months ago. Staff hopes to have an estimate as to how AGENDA ITEM 886 JUNE 28,2004 much additional revenue this would bring in prior to the next City Commission meeting. BUDGET: Implementing the revised water and sewer rates as outlined in the attached report by Burton and Associates would increase the city's revenues by an estimated $380,000 per year. tRECOMMENDATION: That the City Commission receive input from the public on a proposed water and sewer rate restructuring during the two Commission meetings in July and that revised water and sewer rates be adopted in accordance with the Burton and Associates ' report and with requirements from the WMD. ATTACHMENT: Report from Burton and Associates dated June 11, 2004 1 1 1 ' AGENDA ITEM#8B JUNE 28,2004 • i June 11, 2004 Mr. Nelson Van Liere ' Director of Finance City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: Water and Sewer Rate Study ' Dear Nelson: ' We have completed the development of water and sewer rates that will provide sufficient revenues for a test year of FY 2003 and will provide the water conservation incentives required by the St. Johns River Water Management District (SJRWMD) as a condition of the City's Consumptive Use Permit (CUP). Rate Development The rates developed were designed to include as little change as possible from the City's current rate structure with the following exceptions: ' 1. The current Wastewater State Revenue Generation Charge has been eliminated and the revenue generated from that charge has been spread among the fixed monthly sewer charges of inside City and outside City customers, 2. An inclining block water rate structure has been included to replicate the inclining block water rates of the fifth year of the implementation plan that was submitted to the SJRWMD and suggested by the District as an acceptable rate structure. By using this approach to the development of water and sewer rates, it is estimated that the calculated rates, if they had been in place in FY 2003, would have generated approximately$380,000 of additional revenue, or approximately$5.883 million. Figure 1 at the end of the letter presents a summary of the calculated rates that would have generated this level of rate revenue in FY 2003 with the same billing determinants as FY 2003. ' Water and Sewer Rates Worksheet We have also developed a Water and Sewer Rates Worksheet (Worksheet)to assist you in developing rates under the structure recommended herein that will provide sufficient Burton&Associates ' 2902 Isabella Blvd,Suite 20•Jacksonville Beach,Florida 32250•Phone(904)247-0787•Fax(904)241-7708 E-mail:mburtonQ6armnandassociares.corn Page I AGENDA ITEM#8B JUNE 28,2004 revenues (to be determined by the City) for FY 2005. The Worksheet is attached to this letter. Figure 2 at the end of this letter shows rates calculated using this Worksheet to generate $6,000,000 in rate revenue, or an additional$496,000 in rate revenue over FY ' 2003 rate revenue, and assumes a reduction in water usage of 1.50%from FY 2033 to FY 2005. It should be noted that this Figure is shown as an example only. In accordance with our scope of work,Burton& Associates has not determined the FY 2005 water and ' sewer revenue requirements. However, when the City determines the FY 2005 water and sewer revenue requirements, the attached Worksheet can be used to calculated rates for implementation. Customer Impact ' The calculated rates were developed to have as little impact upon the City's customers, compared to the current raters,as possible, with the exception of the inclining block rates, which will impact high volume water users. Customer impact graphs are presented in ' Figures 3 and 4 for the calculated rates in Figure 1 that would generate approximately $380,000 of additional rate revenue than was generated in FY 2003 with the same billing determinants as FY 2003 for inside and outside City 34/ inch meter single family ' residential customers respectively. Commercial customers will only be affected minimally by the calculated rates by the ' spreading of the Wastewater State Revenue Generation Charge over all inside and outside City customers. This change will slightly lower inside City commercial sewer bills and will slightly raise outside City commercial sewer bills. Bill Frequency Distribution ' Figures 5 and 6 present a Bill Frequency Distribution and Percent Bills Issued respectively. Figure 5 shows graphically the clustering of bills issued with monthly usage in the range of 0—about 8,000 with the tailing off of bills issued at levels higher ' than 8,000 gallons per month. Figure 6 shows the percent of bills issued up to each 1,000 gallon increment of monthly usage. This figure shows that approximately 75% of all bills are issued for usage of less than 10,000 gallons per month. This figure also shows ' that approximately 90%of all bills issued are for usage less than 14,000 gallons per month, which means that only 10%of the residential customers will experience the higher bills due to the inclining block water rates as shown for usage above 14,000 gallons per month in Figures 3 and 4. It has been a pleasure working with you on this project. We appreciate all of the ' assistance provided by you, the City Manager and others on City staff who participated in the project. If you have any comments or suggested revisions to this letter report,please let me know and I will make the appropriate changes and re-issue the letter. Burton 4 Associates 2902 Isabella Blvd,Suite 20•Jacksonville Beech Florida 32250•Phone(904)247-0787•Fax(904)241-7708 E-mail:mburton@,umonmdassociales.com Page 2 ' AGENDA ITEM#8B JUNE 28,2004 If you have no suggested adjustments, you can consider this our final report. Also, if you ' have any questions, please do not hesitate to call me or Andy Burnham at (904) 247- 0787. Very truly yours, )Kij%•GLCI .Z. Burton ' Michael E. Burton President MEB/cs 1 1 1 1 Burton&Associates 2902 Isabella Blvd,Suite 20•Jacksonville Beach,Florida 32250•Phone(904)247-0787•Fax(904)241-7708 ' E-mail:mburtonfbursonand ssociutes.com Page 3 IAGENDA ITEM 08B JUNE 28,2004 I Figure 1 Calculated Water and Sewer Rates that would Generate $5,883,000 in Rate I Revenue, or$388,000 more Rate Revenue than was Generated in FY 2003, with the same Billing Determinants as FY 2003. CALCULA rED WATER RATES FROM MODEL I Customer charge $0.00 Base facility charge $6.35 Flow chug. Upper Limit I Commercial- Csmm.rclal- Block (Gallons/MOftetl05021entiaMUMf021 Single Unit Multi-UnitHotels1 3 $031 6031 $021 $021 $021 2 8 $1.74 $1.74 *1.74 6114 6114 I 3 13 $2.04 $1474 $114 $1.14 $1.74 $1 4 18 63.76 $1.16 $1.74 $1.74 .74 6 91 54.50 $1.]4 $1.74 $1.74 $1.74 8 $0.00 $0.00 $0.00 $020 $0.00 I CALCULATED SEWER RATES Customer charge WA Sue facility charge $13.22 Flow charge ' Upper limit Block (Gallons/Mo) Residential Muth-family Commercial- Commercial- Hotels Single Unk MUM- 1 3 0046 60AS $01 $04 6 WAG sea I 2 8 $3.69 PAM sale 63.79 63.78 3 13 $3.W $31.3 $3.69 $31a $3.69 4 18 $0.00 $3.89 $3.69 $3M $3.00 5 91 $0.00 $3.89 PA $3. $3.6 ' 6 $0.00 $0.00 $020 $0.00 $010 Figure 2 Water and Sewer Rates that would Generate $6,000,000 in Rate Revenue or I $496,000 more Rate Revenue than was Generated in FY 2003, with water usage Projected at 1.50% less than in FY 2003. I FY2005 WATER RATES(WW,4eiusbn.,t) Customer angry. $020 Base facility charge $8.48 Flow charge I Upper Limit Block (Oallon.RAe) Residential Meld-family Commercial- Commercial- Heals 5MMe Unit Multi-Unit 1 3 6023 4023 $013 $033 $022 2 8 $1.80 $1.80 $120 $1.80 $1.80 I 3 13 $2.11 $180 $1.80 $1.80 $1.80 4 18 $3.17 $1.80 $1.80 $180 $1.80 5 91 $4.76 $1.80 $120 $1.80 $1.80 6 $020 $020 $010 $020 $020 F12005 SEWER RATES Ia$A 6Muabmr6) Bus charae $020 Bfunky charge .$1526 I Flow charge Upperumk Bleck (Gallons/MO Residential MuMJamgy Commercial- CeMaetelal'- Hoar -, Single Unit Multi-Unit , ,;; ' 1 $ $017 $017 $047 604E $0.47 2 B $3.82 $82 $3.82 $382 6312 3 13 03/2 63.72 6382 $3.12 $312 4 18 $.00 63M PM ;.. $ es[ $3.82 I 6 91 WOO $3.82 $3.82pM $M 6 $020 $0.00 $0.00 $0.00 (MAO Burton&Associates 2902 Isabella Blvd,Suite 20•Jacksonville Beach,Florida 32250•Phone(904)247-0787•Fax(904)241-7708 I E-mail:mburmn©hurtonandassociates.com Page 4 AGENDA ITEM#813 JUNE 28,2004 I Figure 4 Impact of Calculated Water and Sewer Rates upon Inside City Residential I % Inch Meter Customers IInside City Residential 314" Water and Sewer Customer 50% I ro aox A 5 I C 30% C O1 C 20% 1 L V sox c C2• ox a ox ' 0 1 2 3 4 s B r B 9 10 n 12 13 14 15 IS IT u II 20 Usage ' Figure 5 Impact of Calculated Water and Sewer Rates upon Outside City ' Residential''% Inch Meter Customers Outside City Residential 3/4" Water and Sewer Customer I 50% ' m Tet sax O i— 30% C CD C 20% m L •E sox ' ' 111111 CO • ox Eli 11 , UI ■ ■ ■1,■ ■�. d -10% I 0 1 z 3 4 5 6 7 8 5 m n 12 13 14 15 u IT IS it 10 UMW I Burton&Associates 2902 Isabella Blvd,Suite 20•Jacksonville Beach,Florida 32250•Phone(904)247-0787•Fax(904)241-7708 I E-mail:mburmn®burtonancassociates.cam Page 5 AGENDA ITEM#8B JUNE 28,2004 ' Figure 5 Bill Frequency Distribution Atlantic Beach -Bill Frequency Distribution 8,000 7,000 a 6,000 ' =• 5,000 m 4,000 0 I 3,000 - a 2,000 • 1,00a 0 1AIM rrn „ ,' '' ,,,,,,,,,,,, „ „ ,,,,, ,,,, ,,,,, 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 ' Gallons per Month Billed ■Nunber of Bills Issued • Figure 6 Percent Bills Issued Atlantic Beach -Percentage of Bills Issued ' 100% 90% ' a 80% m' 70% 0 to 60% 1 50% `5 40% m 30% a20% 10% 0% O N° ,K'0 10° 0, ,60 �h b0 p6 .rbc by 0O a: ',IO '� 02 RP CP ' Gallons per Month Billed —Percent Bills Issued Burton&da 32250 es• ' 2902 Isabella Blvd,Suite 20*Jacksonville Bach,Florida 32250•Phone(904)247-0]8]•Fax(904)241-]]O8 E-mail:mbwmn@Page 6andaasociaus.cam Page 6 AGENDA ITEM#8C JUNE 28,2004 1 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Revisions to the City Code to address clear sight distance at street ' intersections and for sidewalks SUBMITTED BY: Sonya Doerr, AICP ' Community Development Director DATE: June 18, 2004 ' BACKGROUND: Staff has identified several Sections within the City Code, which need to be revised to better define how clear sight distance for vehicles, bicycles or pedestrians can ' be maintained at street intersections and also along property boundaries that adjoin streets and sidewalks. These include: ' • Section 19-5 (b) to expand the "safety zone" to include areas that may be on private property adjacent to sidewalks and street pavement; • Chapter 21, Traffic and Motor Vehicles, and ' • several sections within Chapter 24 to provide a better definition and a diagram for Sight Triangle, revisions to the parking standards, and revisions to the fence and wall regulations. Planning and Public Safety are preparing these proposed revisions, and attached is a discussion draft of proposed revisions to Section 24-157, which establishes the regulations for fence and walls. A significant proposed revision is to require that the Director of Public Safety review certain ' applications for fence and wall permits to verify that no conflicts to clear sight distance will result. Staff does not feel that this extra review will be burdensome in that there are a relatively small number of such permits submitted, and these reviews can generally be completed fairly quickly. BUDGET: No budget issues. ' RECOMMENDATION: Discussion and direction to Staff. ATTACHMENTS: First draft or proposed revisions to ection 24-157. ' REVIEWED BY CITY MANAGFR• t June 28,2004 regular meeting AGENDA ITEM#8C JUNE 28,2004 Sec. 24-157. Allewable-14eight of Fences and Walls and materials used near property ' boundaries adioinina Streets. (a) Obstructions and hazards to pedestrians, bicyclists or vehicles. On any private or public property in any Zoning District, no vegetation other than lawn grass, and no Fence or wall, landscape or property border, edging, timbers, posts or other t se of obstruction shall be constructed, placed, or permitted to remain within the Sight Triangle, as defined within below Figure . Upon finding by the Director of Public Safety that any such hazard exists, the obstruction shall be immediately removed by order of the Police ' De.artment and if resuired to be removed b the Cit chart es for cost of such removal may be accessed to the property owner or occupant. ' Upon written request, accompanied by a Site Plan, the Director of Public Safety, shall have the authority waive the above restriction for those areas of the Sight Triangle, which may be on private property, and upon finding that no obstruction or hazard to pedestrians, bicyclists or vehicles will be created. Insert Sight Distance Diagram Figure (b) Allowable height of Fences and walls. Fences and walls may be constructed in ' accordance with the following, except that additional setbacks or reduced height for Fences and walls shall be required if such are needed to establish clear sight distance for the safety of vehicles, bicycles or pedestrians. Fences and walls, proposed within any Sight Triangle, as defined in Figure shall also be subject to the provisions of preceding paragraph(a). ' (1) Within Required Front Yards, the maximum height of any Fence or wall shall be four (4) feet. Applications to construct a Fence or wall exceeding two (2) feet height within the Required Front Yard of any property shall require review and approval by ' the Director of Public Safety prior to issuance of a Fence Permit to verify that clear sht distance shall be maintained at all Street intersections. ' (2) Within Required Side or Rear Yards, the maximum height of any Fence or wall shall be six (6)feet. AGENDA ITEM#8C JUNE 28,2004 1 (c) Special provisions for Lots abutting Beach Avenue. The maximum height of Fences or walls within twenty (20) feet of the Beach Avenue right-of-way shall be four (4) feet. Corner Lots abutting Beach Avenue shall also be subject to the following provisions. (d) Corner Lots and protection of clear sight distance. On any Corner Lot, 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, bicycle and pedestrian sight distance shall be maintained forat any abutting Street. Further. on Corner Lots. any application to construct a Fence or wall exceeding two (2)feet in height shall require review and approval by the Director of Public Safety prior to issuance of a Fence Permit to verify that such clear sight distance shall be maintained at the intersection. (e) Measurement of Fences and walls. 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. (f) Retaining walls. In addition to the above provisions, the maximum height of retaining walls on any part of a Lot is four (4) feet. A minimum of forty (40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. t 1 I 1 AGENDA ITEM OD JUNE 28,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Elimination of interest on customer deposits, Section 22- 27.1.(b) Utility Deposits. SUBMITTED BY: Nelson Van Liere, Finance Director DATE: June 20, 2004 BACKGROUND: For many years, the City has paid three percent interest on customer deposits while earning much more than that. ' Over the past few years, interest rates have drastically declined and it is no longer in the best interest of the City to continue to pay interest on customer deposits. Now that the ' interest earned by the City on customer's deposits is less than what we pay, the City is losing money. It is for this reason that I recommend the elimination of the payment of interest altogether. The residential deposit amount is$125.00 and is to be paid ' interest at 3%per year if the customer maintains a good payment history for two years. That is $3.75. At the same time, the City is earning only 1.20%, which equates to ' $1.50 for the same period. The City pays out $2.25 more than it earns. The remaining $1.50 is hardly enough to be worth the effort of maintaining a customer deposit balance. The section of the City Code to be amended is as follows: Sec. 22-27.1. Utility deposits. (b) The deposit of any customer shall be refunded with ' twenty-four(24)months from the date of deposit,provided the customer is current in all payments and has timely made all payments during the preceding twenty-four(24) months. If any customer becomes delinquent in payments after his deposit has been refunded pursuant to this section, the city may require an additional deposit for service to continue. ' RECOMMENDATION: That the City Commission request staff to prepare an amendment to Chapter 22, Sec.22-27.1(b) of the City Code ' of Ordinances to eliminate the payment of interest on customer deposits. REVIEWED BY CITY MANAGER: tAGENDA ITEM#SE JUNE 28,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Construction Inspection Services through GAI Consultants, Inc.���� ' SUBMITTED BY: Rick Carper, P.E./{ Public Works Di ector DATE: June 14, 2004 ' BACKGROUND: On January 26th, the City Commission approved a Staff Report to contract with GAI Consultants for Construction Inspection Services in an amount not to exceed $68,000. ' Based on contract expenditures to date, funds are available to retain these services through mid-August. We have asked GAI if they would be amenable to extending these ' services through the end of the Fiscal Year on September 30th, 2004 and they have agreed. RECOMMENDATION: Approve raising the limiting amount for the existing contract t with GAI Consulting to $79,500 in order to provide inspection services through the end of this fiscal year. Staff has requested funding for the Contract in next year's budget. ' ATTACHMENTS: Original Contract Staff Report dated January 16th, 2004 BUDGET: Funds are available in Public Works Administration Professional Services Account, 001-5001-541-3100, due to unused funds previously allocated for engineering support while the Public Works Director position was vacant. ' REVIEWED BY CITY MANAGER: _ 1 AGENDA ITEM#8E JUNE 28,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Construction Inspection Services through GAL Consultants, Inc. ' SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: January 16, 2004 BACKGROUND: The City's Public Works Inspector, Ernie Beadle, is retiring on January 31, 2004. A review of the current year's construction projects indicates that some work can be ' inspected by City staff, but other projects will require a full time inspector for approximately 6 to 7 months. The projects requiring the full time inspector include Town Center Phase III, Water Line Replacement on Park & Mealy, Country Club Lane Stormwater Improvements, and the ' CDBG Stormwater Improvements at George & Dudley. These projects have slight schedule overlaps, so the inspector will sometimes be tasked with more than one assignment at a time. As part of the Core City project, a Request for Proposals was issued for Construction Engineering and Inspection, and the City Commission awarded a contract to the top ranked firm, GM Consultants, Inc. We have asked GAI if they would be willing to extend their existing contract to provide Inspection Services for the current fiscal year projects at the 2004 rates and they have agreed. BUDGET: Based on estimated construction hours, it appears the cost of inspection services will be approximately $68,000. Funds should be available in the Public Works Administration ' (salaries and benefits) due to staff vacancies. RECOMMENDATION: Approve an extension of the existing contract with GAT Consultants, Inc. for Construction Inspection Services, in an amount not to exceed $68,000. ATTACHMENTS: None 1 REVIEWED BY CITY MANAGER: 1 1 I AGENDA ITEM#8F ' JUNE 28,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Grant Application Preparation Services for the Hopkins Creek Stormwater Regional Detention Facility for the City of Atlantic ' Beach SUBMITTED BY: Rick Carper, P.E., Public Works Director 72.C- DATE: CDATE: June 28, 2004 ' BACKGROUND: The City is eligible to apply for two grants that could assist with funding the Hopkins Creek Stormwater Retention Facility. The first, a Florida Dept. of Environmental Protection 319H grant (similar to the grant received for Core City ' Drainage Improvements), could provide up to 60% of the total project cost for construction of the Hopkins Creek Stormwater Detention Facility. This application is due July 12, 2004. The second grant application for a St. Johns River Water ' Management District (SJRWMD) Cost Sharing Program that could fund up to 50% of the total project cost for construction of the Stormwater Detention Facility. This application is due August 13, 2004. Because of time and manpower constraints, Staff ' considers the use of Consultant services to prepare these grant applications more likely to yield successful results. PBS&J Consultants had previously submitted a proposal to prepare the DEP 319H grant for$8500. Staff considers that CDM's services would be ' more cost effective (two grant applications for$11,989), and more efficient for the grant data collection and analysis because they are very familiar with the Hopkins Creek Project, having completed the City's Stormwater Master Plan Update in 2002 and the ' Preliminary Design Report and 30% construction design of the facility in November 2003. BUDGET: This grant preparation proposal will be funded from the Hopkins Creek Basin Project (PW0309), Budget Line item 470-0000-538-6300- Current balance $110,000. ' RECOMMENDATION: Award a contract to CDM for Grant Application Preparation Services for the Hopkins Creek Stormwater Regional Detention Facility in the amount of $11,989.00. t ATTACHMENTS: 1. Scope of Services for Grant Application Preparation Assistance for the Hopkins Creek Stormwater Regional Detention Facility ' 2. Contract Fee Summary ' REVIEWED BY CITY MANAGER: AGENDA ITEM#8F JUNE 28,2004 City of Atlantic Beach 1 Grant Application Preparation for the Hopkins Creek Stormwater Pond Scope of Services CDM ' June 18, 2004 Purpose ' This scope of services outlines the necessary tasks to be performed by CDM to assist the City of Atlantic Beach in preparing grant applications for the construction of a stormwater facility for Hopkins Creek.Two separate grants are available for this project from the Florida Department of Environmental Protection(FDEP)and the St Johns River Water Management District (District). FDEP Nonpoint Source Management Section administers grant money received from the ' USEPA through Section 319 of the Federal Clean Water Act These grant funds are used to implement projectsto-reduce nonpoint sources of pollution.The St Johns River Water Management District(SJRWMD)also makes available funds through the Cost-Sharing program projects that improve water quality within its jurisdiction Background The City of Atlantic Beach has developed thirty percent design plans for a stormwater pond and stormwater improvements for Hopkins Creek(Figure 1).The proposed stormwater pond would provide flood attenuation and water quality treatment for approximately 81.8 acres of ' primarily medium density residential land use.The tributary area to be served by the proposed stormwater pond currently does not receive any water quality treatment and runoff discharges directly to the Intracoastal Waterway,which is a tributary of the Lower St Johns River Basin (ISJRB).The LSJRB is that portion of the St Johns River that extends from the confluence of the ' St.Johns and OcklawahaRivers near Welaka to the mouth of the St Johns River at Mayport in Jacksonville,Florida. ' Restoration and protection of the St Johns River has been a major goal of the SJRWMD since its inception in 1972.In 1987,the Florida Legislature,through the Surface Water Improvement and Management Act(SWIM),recognized the lower St Johns River basin as a priority area in need ' of surface water restoration and protection. Scope of Services ' CDM will complete two grant funding applications for the City of Atlantic Beach as follows: • 319h Grant from the FDEP Fiscal Year(FY)2005.The application deadline for this grant is July 12,2004. • Cost Sharing Program from the SJRWMD.The application deadline for FY 2005 funds is August 13,2004. The specific Scope of Services to perform the work include: ,11.1...1,...�.n.von...m.1... . _ an._ ._ ..._ .o0C ' AGENDA ITEM#8F JUNE 28,2004 ' c'sr"^c., Y4 4` / la {' • ( ✓ ,ye i' awl r ° „u .•'`. ;:, ''e „5„ so. i ,''/ i l ,, . , �q ( � -L'R T LO'" �5}mwc ', 4—, I /--' f and rgci "a..- I *,` PROJECT LOCATION /' � ry AL TA.Tltt rv:� �� :gym sa.p•+ � P R -r` �t8ary write— f h T -,---,--'4;14 - -'' ;p I NO T Cp4 M' - i y t ti'a'1 9N^ Y�' Y . N �.y9]•dV�.D+F y '�:{,\d b J. '[T :71 K P4 9 lir .- y"OF • 3 „i. t, .!'d -ffidY +fY,_44°"!t eu aSYL , .;,e 1 t-- '� ;. H 'm�'' t .,+r 9 r - F'" c 'n. ;,..7:4„,.;_,;:t • r 'it :i I -_--J: J -,---.7_,„t„--041,.,.....,M. .. , - ,y , wv� r"n'`" .i� ._!, �1 't' ..)‘;'-,,,,11,-,- {4' iyra, f>#' f ti n2S' rc ageir i,�:ik. ' -1' S "* 1—•W +"F" {, �i c s � �� ` x �t``'+.ua _ ' as 9 #s�.t '$,tpe� 1-c. '°tea a". 7 ,t�p 'y G "r t ♦.: '1:141: --'�v`+c JJ ';':e.;471:71 ,y,, .p 1 '"�' l z I14.. F' l o:E`r13,i n,-,* il ' 4a,tG t `1M tl •t II 1 "4"&t."1:, t\ �aL'Ifs':./':1':Q.i irq'r ,� S yy ,`- and - J . "'c .G ip �,�•q`?�'3rr�Sif' w, , x xy n --pc--4,..i- t w 1" 1SIf- c ' �'r�,• 0 y x l ,i-t, ` M1ra g N. f 4e� " x, i,:hr 'i ^ .,.,W4 ' ' 9•, " ry L4 { r yrs--« t , .-c,1' n`z 7 Y• t .., y,.u.ir. w `��1 +ag. [. .:5.;;''' 4 i 3 F P,4I: s" • a.x• .. iI -7' I L ax, ' 1` , r i z '''Fist;� s i t ' Vii....} '"^-` .m.,, iIt,:p ,♦_4„P•' ..,,- " in, ' : cq Vir„: x j �dF ` .3 PROJECT LOCATION a(=. rt. i3�.f� h-. :. --"a '"4--''' I-,,p rt ,'H ce.. ;1,,,', 77 , iL ' 1-119r �1 .f .1,i'.:".'''',. .-, ., " T.1m � � a a t 1 v •i,.fl irj d .4101%, �_ 1 t, i � ,� � rI ::„?':',""`Lai ''1 A, 1. :-I t�'n ,may,)•Li'V . y,- . x e 1 1 v r r,tiriog.+it; Ziamak ,kaaiSS i llerViter" .4•51-; •e s rt.•. • - r„,-7,,, ve- 1%.,.., , ,, ��". . ' fid'-^ras�5 ro 1 ,r.,` ,.h 4 �S , w , pm Fc . Ilu r.r'': Moo �� tY4, -.1..."['1:-",:t1.1 ,I�x I I _ It Legend - rt"."': w71"y — Primary Drainage System rr , It xz!� � rr«{���,, '� h'.. - Hydrologic Units ..., "'� r mi I s ' � '7Y.. ..x�$ i'.:: r'p"' Xi"3..e?.. t „ r1:3".4�W :.,..w.,11.)-: y+.r' City of 0 0.5 2 319-H ApplicationAtlanticBeach CDM Miles Hopkins Creek Stormwater Facility AGENDA ITEM#8F JUNE 28,2004 Task 1. Data Collection and Evaluation CM will collect and evaluate the following: 1. List of cooperating organizations and percentage of cooperation 2. Completed 30% design plans for the proposed stormwater pond 3. Tributary area to be served by the proposed stormwater pond 4. Land use of the tributary area 5. Pond perp ittability based on ERP and Section 404 requirements 6. Expected load reduction benefit 7. Conceptual probable capital cost estimate CDM will process the land use data with the tributary area and apply the Watershed ' Management Model(WMM)to estimate the expected pollutant load reductions to be achieved by the stormwater pond under existing land use conditions.CDM will produce bar charts for TSS,TP and TN for existing and proposed pond conditions.This information will be used to prepare the applications of Task 2 and 3. Task 2.319-H Grant Application Preparation ' The 319h grant application process has recently changed and these changes have taken effect for the FY 2005 funding period.CDM will prepare the 319h grant application using the information developed/collected in Task 1.In addition,since this 319h grant funding request will provide funding for implementation of a stormwater pond,it is required by the application process to estimate the expected pollutant load reductions that the proposed facility will achieve.CDM will attend up to two meetings,complete the necessary applications and forms,and coordinate with the City of Atlantic Beach,FDEP,and the St.Johns River Water Management District ' Specific items required by the grant application include: 1. Project Abstract ' 2. Project Location and Watershed Characteristics 3. Project Objectives 4. Project Description ' 5. Estimated Pollutant Load Reduction 6. Outputs/Deliverables 7. Project Milestones 8. Project Budget ' 9. Match Source Information 10. Site Maps ' The deliverable for this task is a completed permit application that CDM will submit to the City on July 2nd for their review and comments.The City will return the reviewed application to CM by July 7th.CDM will incorporate the comments and submit the application to FDEP ' before the July 12th deadline. Task 3.SJRWMD Cost-Sharing Grant Application Preparation CDM will assist the City with the grant application for the Cost-Sharing Program from ' SJRWMD.In that role,-CDM will attend up to two meetings,complete the necessary applications and forms,and coordinate with the City of Atlantic Beach,and the SJRWMD. Specific items required by the grant application include: 1 AGENDA ITEM#8F JUNE 28,2004 1 1. Applicant Information ' 2. Project Location and History 3. Project Purpose and Description 4. Projected Schedule ' 5. Estimated Pollutant Load Reduction 6. Land Acquisition Information 7. Permit Information ' 8. Supporting Materials:maps,budget, general specifications and plans. The deliverable for this task is a completed permit application that CDM will submit to the City on July 9th for their review and comments.The City will return the reviewed application to ' CDM by 23rd.CDM will incorporate the comments and submit the application to the SJRWMD before the August 13 deadline. ' Budget The budget is a lump sum amount as shown in Table 1. ' Schedule The schedule to complete is July 12,2004 to complete the 319-H grant application and August 13,2004 for the SJRWMD application. 1 1 1 1 1 .,...,U..,.f.,, _ _ ., _ _ �_ .DCe 1 IAGENDA ITEM#8F JUNE 28,2004 I I ^ n Ts Fc w w am v xo Om ca,-' =m m L t- m I m " RR a m WI ii ¢ I 0 0 0 0 I 0 0 0 o Iit et `e q 0. II E 8 y 8 0 0 0 O CJ .a:,' I. I V " � 2 ua NSR m 0 ska ' O N 2x w 3 gC I U n .� p 1" a 7 O q �t5gi� n C N t� pO O een yf1 m 6'G G 5 W H R I V V . / r d a � O n n N y O R O I < o Fl P! g FJ lc0 z Ca I ,IC E2 F 1 I 5 -.I 00 a .9 L C u U •• a i0 3a° a 5m a O 9 h o i F: baa I go ¢ a G 0 a a I a V 9 G i 9 a U m I ' ni UU F ry ' AGENDA ITEM#8G JUNE 28,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Selection of Audit Firm SUBMITTED BY: Audit Selection Committee: City Commissioner Paul Parson, City Manager,Jim Hanson and Finance Director,Nelson Van Liere DATE: June 19, 2004 ' BACKGROUND: The City Commission authorized the staff to advertise and take proposals for a new audit firm after the previous firm was unable to continue to provide services ' at the contracted amount. Staff then recommended to the City Commission that the City seek proposals for new auditors rather than seek approval for a change order to the James Moore&Company four-year contract of an additional $10,000 per year. The City advertised for proposals in May and received four proposals. The Audit t Selection Committee met and discussed the proposals with regard to the evaluation criteria including mandatory criteria, technical qualifications, audit approach including staff and price. The committee selected two of the firms to 1 interview, as they were clearly superior. Representatives from Davis Monk & Co., and Purvis Gray&Co. were invited to discuss their proposals with the committee giving us a chance to meet the staff that would be performing the audit. Both firms interviewed very well. The committee then scored the proposals using the predetermined criteria and related weights. The evaluation for the final three firms is attached. The proposals were evaluated in accordance with the City's Audit Selection Procedures and the Request for Proposal guidelines. Purvis Gray &Co. received ' the highest overall ranking and therefore receives the committee's recommendation. BUDGET: This expenditure crosses fiscal years due to the interim work to be performed in the summer. There are sufficient funds in the Finance Department budget for this years cost and the remainder will be included in subsequent year's budget recommendations. The Purvis, Gray& Company proposal is approximately $5,000 less than a renewed James Moore & Company request per year. RECOMMENDATION: Authorize the City Manager to enter into a contract for audit services with Purvis, Gray&Company for a four-year period totaling $158,000 plus related ' services costs if needed per the Request for Proposal specifications with an option to renew for an additional two years if mutually agreed upon. ' ATTACHMENT: Evaluation Tabulation CITY MANAGER APPROV • AGENDA ITEM#8G City of Atlantic Beach JUNE 28,2004 IAuditor Selection Evaluation Tabulation FY 2003 - 04 IEvaluation Criteria Davis,Monk James,Moore Purvis,Gray &Company &Company &Company Mandatory Elements a. Independent and Licensed in ' Florida Y Y Y b.Adequate Continued Professional I Education c. Y Y Y No Conflict of Interest Y Y Y d. Peer Review Y Y Y ' e.Followed Instructions Y Y. Y Meets Mandatory Elements Y Y Y ITechnical Qualifications A.Expertise and Experience I1.Past Experience (IOpts) 8 6 10 2 Staff and Resources (I Opts) 8 6 10 3.Volume of City Work (IOpts) 10 10 10 I4 Reference Responses (l Opts) 10 8 10 Total Points (40pts) 36 30 40 ' B.Audit Approach 1. Proposed Staffing (lOpts) 9 7 10 2.#Hours by Segment (lOpts) 9 6 10 Total Estimated Hours 400 412 435 I 3.Geographic Location (5pts) 5 5 5 4. Sampling Techniques (5pts) 5 5 5 5.Analytical Procedures (5pts) 5 5 5 ' Total Points (35pts) 33 28 35 I Cost Proposal 2004 $34,000 $43,250 _ $38,000 2005 $34,000 $42,906 _ $39,000 I2006 $35,400 $44,865 $40,000 2007 $36,100 $47,010 _ $41,000 I Total over four years $139,500 $178,031 $158,000 Total Points (25pts) 25 20 22 Average Cost per hour(Note Only) $87.19 $108.03 $90.80 IOverall Score 94 78 97 * Formula for cost proposal ranking is Lowest of all cost proposals/respective cost proposal IX 25 points. Example: ($120,300/$180,350)X 25= 16.75 or 17 rounded AGENDA ITEM 48C JUNE 28,2004 1 City of Atlantic Beach Audit Selection Committee Minutes from June 15,2004 meeting. Meeting began at 2:15p.m. Present at the meeting: City Commissioner Paul Parson ' City Manager, Jim Hanson Finance Director,Nelson Van Liere, CPA ' The committee discussed the following points: • Confirmed that all proposals were reviewed. ' • The Finance Director distributed evaluation forms. The information provided included some summary information from the proposals. • Nelson Van Liere reported that references for all proposals were contacted by the Finance ' staff and were all good. • Based on the initial review of proposals, a decision was made to interview two of the ' proposers. Davis Monk&Co. ' Purvis Gray & Co. • The remaining two would be optional interviews depending on how the top two choices went. • Dufresne& Associates was not selected for an interview due to low number of municipal audits, small number of overall staff and price. ' • James Moore& Co. is to be an alternate due to our recent experience with the firm over pricing and firm management style. It was decided that they should be the third firm presented to the City Commission, as the selection committee procedures require. ' Meeting adjourned at 3:00p.m. AGENDA ITEM#8G JUNE 28,2004 ' City of Atlantic Beach ' Audit Selection Committee Minutes from the June 17,2004 meeting. Meeting began at 2:00p.m. ' Present at the meeting: City Commissioner Paul Parson ' City Manager, Jim Hanson Finance Director,Nelson Van Liere, CPA Mr. Alan Nast, CPA, PA and Tina Robinson, CPA were introduced and were allowed ample time to describe themselves and their firm's ability to provide audit services for the City of Atlantic Beach. Questions were asked regarding firm qualifications, staffing and procedures as well as availability. The interview lasted until 3:00p.m. After the interview, the committee discussed the various highpoints. One notable ' issue with the Davis Monk firm was the confusion surrounding the team that would actually be performing the audit. Although it was clear that Tina Robinson would be a part of that team,the primary Steven Catel was not present. Mr. Catel t was assigned to this team after the member that was to run our engagement that was included in the proposal was actually never hired by the firm. ' Highpoint was that Mr.Nast is very well qualified and he expressed his persistence in trying to get our business over the years and the main staff person on the engagement has a number of years experience with the City of Palatka and ' seemed to be quite capable of performing the required tasks. The committee discussed the depth of the staff as an issue of concern. ' AT 3:00p.m. Purvis Gray&Co was provided the same opportunity to describe their firm and their ability to deliver a quality product to the City. Mr. Ron Whitesides CPA and Mr. Martin Cass,represented the firm and are both to be ever present during the engagement. A third staff member would also be in the field with them. The interview lasted about an hour. The committee was assured that the partner in charge of the audit would be present with his team during fieldwork and available at a0 times. The audit team has been together for years including prior audits of the City of Atlantic Beach. The firm has extensive resources and depth of staff. They are committed to the fee quoted as they have always been in the past. After the interview, the committee remained and discussed the interview. The committee discussed the issue of timing regarding the selection of Purvis, Gray ' and Company after a two-year period with James Moore& Company. All members agreed that the objective of rotating auditors had been met and choosing Purvis, Gray& Company should not be an issue. 1 AGENDA ITEM#8G JUNE 28,2004 Page 2 of 2 Audit Selection Committee minutes 6/17/04 The committee then scored the firms using the evaluation tabulation sheet and Purvis Gray did in fact rank the highest. We then agreed that the method and ' selection was fair and agreed to propose to the City Commission a recommendation to award a contract to Purvis, Gay& Co. Meeting Adjourned 5:05p.m. 1 1 1 1 1 1 t AGENDA ITEM#811 - JUNE 28,2004 I ' I FLORIDA LEAGUE OF CITIES, INC. EMORANDUM 1 1I TO: City Managers/City Clerks ` II FROM: Michael Sittig, Executive Directo 1 ' DATE: June 4, 2004 SUBJECT: 78th Annual Conference— Leading With Excellence! ' VOTING DELEGATE AND RESOLUTION INFORMATION August 19-21, 2004 Westin Diplomat Resort ' As you know, the Florida League of Cities' Annual Conference will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21. This year's theme, Leading With Excellence will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy ' development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. In accordance with the League's by-laws, each city's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2003. ' Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616- 1513, extension 116. Resolutions and Voting delegate forms must be received by the League no later than July 20, 2004. ' Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough,Suite 300 • Post Office Box 1757 . Tallahassee, FL 32302-1757 Telephone(850)222-9684 ♦ Suncom 278-5331 ♦ Fax (850)222-3806 • Internet:www.ficities.com AGENDA ITEM#811 JUNE 28,2004 78th Annual Conference Florida League of Cities, Inc. August 19-21,2004 Hollywood, Florida It is important that each member city sending delegates to the Annual Conference of the ' Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. IDesignation of Voting Delegate ' Name of Voting Delegate: ' Title: City of: AUTHORIZED BY: Name ' Title Return this form to: Gail Dennard ' Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 tor Fax to Gail Dennard at (850) 222-3806 AGENDA ITEM#811 JUNE 28,2004 1 1 ' Procedures for Submitting Resolutions Florida League of Cities' 78th Annual Conference Westin Diplomat Resort, Hollywood, Florida August 19-21, 2004 ' In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days ' prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. ' (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the ' Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that ' time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference ' may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will t be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. AGENDA ITEM#8H JUNE 28,2004 1 ' Important Dates June 15, 2004 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee ' July 12, Appointment of Resolutions Committee Members July 20 ' Deadline for Submitting Resolutions to the League office August 19 ' League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration ' August 21 Immediately Following Luncheon—Pick Up Voting Delegate Credentials Followed by Annual Business Session 1 1 AGENDA ITEM#8I JUNE 28,2004 1 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT ' AGENDA ITEM: Appointment to Tree Conservation Board ' SUBMITTED BY: Don Ford, Building Official ' DATE: June 22, 2004 BACKGROUND: At the meeting of the Tree Board on June 9, 2004, Susan Grube indicated she could no longer serve on the board. You may recall, Susan was injured in a bicycle accident and she has found it difficult to attend meetings. 1 We have only one application on file, a copy of which is attached for your consideration. 1 tBUDGET: N/A RECOMMENDATION: Appoint replacement for Susan Grube on the Tree Conservation Board ATTACHMENTS: One Board Member applicati REVIEWED BY CITY MANAGER: AGENDA ITEM#8I JUNE 28,2004 i � EtL CI Pt' ,F c ,.r. i DEC 17 700 CITY OF ATLANTIC BEACH I ;+ I BOARD MEMBER INFORMATION SHEET NAME OF BOARD TC.c,G. 33Apiep I NAME OFAPPLICANT/MEMBER Gietogibeth &eaJ 111 ADDRESS ¶3 7 EASTG,4s'r-•-Dr, ' DAYTIME PHONE FO circa fI„p5 EVENINGPHONESA.-ynA E-MAIL ADDRESS lilzie yvt2e Oa}} , its FAX# lost •-2 -SZY% 1 1 Please provide a brief explanation of your interest In this field and your reasons for wishing to be appointed to this ' board km f}ev Avi n gorrktr e PIA/ .11-11- le r�,`c. VSeRC3t e�rf dsias-F. PIA/ "at as �-i Yl� a -par I !\i S Qrvnrnn i1T to . wo ri/d b � 45 Jar }f upsktin -h'Gyivi cite( Corn rna✓bt'd-1,j aryl al I r r• ce.fW n od-t n ie. 4t!i t2t. r c e-U/41s a fit._ kb c„ I rnri O,✓ On. di pt S Jo acc;sAresntt o-Ur' /� d r K r/ar i rua, paJ2-M5, o ver'cl trait S(tii cL 7_ I _ ra.r)%ov-1a pClyy�n y� , nun- Aid/geA O•r/s 4o O ; /Q G, suc2t o d —5 Jtr rce I yr , .o jc _ 0 • i . 1 1 ' Please return completed form to Maureen King, City Clerk, 800 Seminole Road,Atlantic Beach, FL 32233 AGENDA ITEM#9 JUNE 28,2004 i June 21,2004 I MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim nso ay Manager ' SUBJECT: City Marla is Report ' Beach Renourishment;Newspapers recently ran a story that the Duval County Beach Renourishment Project had been allocated $750,000 in the House Energy and Water ' Appropriations Bill. This is clearly short of the five million dollars in construction costs that is needed to make the 2005 renourishment project a reality. However,this funding should be considered"good"news for a couple of reasons. First,there are only a few beach renourishment t projects nationwide that received any funding in this appropriations bill. Having the project with some funding in this preliminary bill allows Congressman Crenshaw to work to increase the funding to the full five million dollar request prior to adoption of the final budget. No word has ' been received to as yet as to the status of similar legislation on the Senate side. Workshop Schedule; The first workshop dealing with the preservation of community character ' as discussed in our strategic planning sessions has now been scheduled for 5:00 pm on Monday, July 12th. The meeting will be in the City Commission Chambers. Sandwiches will be served prior to the regular commission meeting scheduled to begin at 7:15 that evening. 1 I