Agenda Packet 2-14-11 Reduced File SizeCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
February 14, 2011- 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of January 24, 2011.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION
IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Recreation Special Events Report and Finance
Report for December 2010, the Monthly Building Department Activity Report, List of
New Business Tax Receipts, and Utility Sales Report for January 2011, and the Public
Works and Utility Department Status Report of February 2, 2011.
B. Award the annual contract for chlorine for Water and Wastewater Treatment Plants to
Allied Universal Corporation at the unit prices submitted in Bid No. 1011 -08.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
A. ORDINANCE NO. 65- 11 -37, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT
AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS
WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 20-11-108, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010
AND ENDING SEPTEMBER 30, 2011
8. Miscellaneous Business
A. Selva Marina Sewer Rehabilitation. (City Manager)
B. Request Authority to Apply for Florida Department of Transportation (FDOT)
Grant Funding- Purpose: Bicycle/Pedestrian Safety. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
A. City Attorney regarding speaker forms.
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, February 11, 2011.
2
MINUTES
REGULAR CITY COMMISSION MEETING
January 24, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno
Mayor Pro Tem John L. Fletcher
Commissioner Jonathan Daugherty
Commissioner Paul Parsons
Commissioner Carolyn Woods
City Attorney Alan C. Jensen
City Manager Jim Hanson
City Clerk Donna L. Bartle
Recording Secretary Nancy E. Bailey
Call to Order/Pledge Mayor Borno called the meeting to order at 6:02 p.m. Commissioner Parsons
mentioned he recently learned that Sonya Doerr had received 22 days of leave donated
by her fellow coworkers and stated he found that moving. Commissioner Parsons gave
the Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of January 10,
2011.
Motion: Approve the minutes of the Regular Commission Meeting of January 10,
2011, as written.
Moved by Fletcher, Seconded by Parsons
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Dave Smith, 1053 Kings Road, addressed the Commission speaking in favor of the
land use waiver for Voo Swar. He stated those who want to give the Voo Swar a
chance are looking for what's good and right about having a neighborhood meeting
place where folks share a drink and conversation, music and dancing. He stated this is
a place of unique cultural character that can be saved and renewed as a more viable
business than ever and the owners have promised to do the work it will take to fulfill
that hope in favorable opinion, which they ask the Commission to share. He stated to
say Voo Swar is in the middle of a residential area is not accurate, pointing out that the
property is two doors from Mayport Road, with the property on Mayport Road being a
business and the one behind it being the Voo Swar owner's residence. He stated the
business potential of the Voo Swar Lounge and the hopes of a community which can
definitely use a social gathering place far outweigh the negatives.
Opio Sokoni, 9645 Old Baymeadows Road, recognized and asked that it be put into
the record that two elders in the Atlantic Beach community had recently passed away.
January 24, 2011 REGULAR COMMISSION MEETING Page 2
He stated Miss Tommie Lee Howell passed on January 15, 2011 and Reverend George
Young Sr. passed on January 13, 2011.
Sally Clemens, 1638 Park Terrace West, stated "orchestrated" was a poor word
choice to use regarding the citizens who attended and spoke at the January 10
Commission Meeting concerning Voo Swar Restaurant. She stated the citizens spoke
because of their concerns and asked did not the Ocean Walk citizens attend meetings
when they learned of the pipeline. She asked why Mr. Davis, whose business opened
in 1963, wasn't grandfathered in to remain commercial when the zoning was changed
in the 1980s. She stated this request was brought before the Commission because Voo
Swar needed a waiver of the land development regulations to apply for the State liquor
license, which then the State would monitor. She further stated Mr. Davis' business
has survived when so many other local establishments have closed so he must be
fulfilling a need and doing it well. She also stated in the land development regulations,
expanded or enlarged seem to be the key words that the opposition interprets against
the waiver. She stated since these words are in the land development regulations the
words expand or enlarge would limit the footprint of the building, not the food or
drink. She also stated parking seems to be an issue, but Voo Swar is a neighborhood
establishment that is accessible to walkers and the nearby church has also given Voo
Swar permission to use their parking lot. She stated Ocean 60 and Ragtime use public
parking. She further compared the police calls to those at Pete's Bar and other
establishments. She stated Mr. Davis is and has been a pillar for his family, church and
community and believes he and Voo Swar should receive a historical marker or plaque
for having the longest -owned restaurant operating in Atlantic Beach under the same
family.
Justin McCarthy, 356 8 th Street, addressed the Commission regarding the skateboard
park, stating he is thankful to Oceanside Rotary for the park and new lights. He stated
he has been working with Tim Gilboy regarding repairs to the park and asked that the
City expand the budget for repairs to the skateboard park to keep it safe and rolling
good. He also suggested the City expand the park which would allow a lot more users.
He stated he also believes that the Police rather than the maintenance workers should
be the ones to deal with unruliness at the skateboard park. He doesn't believe the
maintenance workers have the proper training, nor is it their place, to deal with people
who don't want to cooperate at the park. He further stated the dog leash ordinance is
too vague and restrictive as it relates to the dog being off leash while in or out of the
water at the beach.
Keith Doctor, 14423 Pablo Bay Drive, spoke in favor of Voo Swar stating it is a
wonderful business with old school music. He stated Mr. Earnest is a good man and is
well respected by everyone in that community. He stated he looks at the Voo Swar as
a part of history for blacks because they don't have any black clubs on this side of the
water. He stated he will go to Ragtime or Bukkets, but when he wants to hear good
music he goes to Voo Swar. He stated he hopes the Commission gives him what he is
asking for and not judge him by that community. He stated when he built Voo Swar he
did not know it would be surrounded by a community like it is now.
Martha Brown, 91 Edgar St., addressed the Commission regarding Voo Swar
Restaurant and Lounge, stating she was born and raised in Atlantic Beach and patrons
January 24 2011 REGULAR COMMISSION MEETING Page 3
the Voo Swar on a regular basis. She stated although they do have some problems in
their neighborhood, the police should know they are not from their area. She stated she
recently lost her father and Mr. Earnest came to her and said if there was anything they
could do for her to let him know. He said there was no cost to her, that was what they
were there for; we are a family in this community. She asked that the Commission
consider Mr. Earnest's and the Voo Swar Restaurant and Lounge's request, as he is a
benefit to their neighborhood. She further stated she, as well as the others here tonight,
are supporting Mr. Earnest and are pleased with the service he gives.
Lewis Washington, 35 Robert St., spoke in support of the special use permit for the
Voo Swar which he stated will allow the establishment to operate at a level that it
operated at before it was rezoned as residential. He stated this rezoning was done
through no fault of the Voo Swar, which has been operating without a single citation
for decades. He stated this restaurant is across the street from a business and is two
doors away from another business and he, personally, lives next door to the Voo Swar
and will continue to do so. He further stated the neighbor next door on the other side
of the business has not made any statements against the restaurant. He stated no
private citizens from the surrounding area have made a public comment against the
Voo Swar receiving this special use permit. He stated since the last Commission
meeting the Voo Swar has contacted business mentors to gain better ideas on how they
can be more successful. He further stated the increase in profits that the business will
receive as a result of obtaining this special use permit will allow them to invest in
security as well as hire 5 -8 people. He also stated they have initiated a campaign
asking the community to help them end drug sales and use in the entire community and
specifically on the streets adjacent to the Voo Swar.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting
City Manager Jim Hanson reported on issues raised at the last meeting regarding the
Voo Swar Lounge. He explained the parking analysis submitted by Erika Hall and
stated the minimum requirement for a business with 150 seats would be 38 and he has
since been told there are also adjacent lots that people would be allowed to park on so
parking would not be an issue. He further asked Chief Classey to report on the
statement made about the police response and some comparative information.
Chief Mike Classey explained the breakdown of the list of call types and distributed a
print out of call types for other bar /restaurant establishments throughout the City. He
further stated the average response time to calls to the Voo Swar was 2 minutes 37
seconds. Chief Classey answered several questions from the Commission.
Consent Agenda 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,
January 24 2011 REGULAR COMMISSION MEETING Palle 4
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Building Department Monthly Activity Report and
Utility Sales Report for December 2010.
B. Acknowledge receipt of certification for expenditure of forfeiture funds.
Mayor Borno read the Consent Agenda.
Motion: Approve Consent Agenda Items A and B as read.
Moved by Daugherty, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. ORDINANCE NO. 65-11-37, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION
PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY
FACILITIES IN THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY, AND
PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 65 -11 -37 by title.
Motion: Approve Ordinance No. 65 -11 -37 as read.
Moved by Woods, Seconded by Fletcher.
Public Works Director Rick Carper explained the intent of the ordinance. He stated a
draft ordinance was provided to all the affected utilities and they had a meeting with
JEA to discuss the ordinance. He recognized Heather Baxter, the AT &T government
affairs representative, who was in the audience.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
January 24, 2011 REGULAR COMMISSION MEETING Page 5
Miscellaneous 8. Miscellaneous Business
Business
A. Public Hearing - Request from Mr. Earnest Davis, proprietor of the Voo Swar
Restaurant and Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development
Regulations, which prohibits the expansion of a non - conforming use, to allow an
existing non - conforming restaurant and lounge to increase intensity of use, by
upgrading from a Series 2COP (Beer and Wine/Package and Consumption) to a Series
4COP -SRX (Beer, Wine and Spirits/Package and Consumption) Special Restaurant
Alcoholic Beverage License, on a property located within a Residential General, Two -
Family (RG) Zoning District at 51 Robert Street.
Motion: Approve LDRW- 2011 -01, request to waive Section 24- 85(d)(2).
Moved by Woods, Seconded by Parsons.
Mayor Borno opened the Public Hearing.
Lewis Washington, 35 Robert Street, son of Earnest Davis, stated they have been
working with the City to make things better and with the Chamber of Commerce to
help their business advance to the next level.
No one else spoke so Mayor Borno closed the Public Hearing.
Commissioner Woods stated this is their business and they have a right to build the
kind of business they want to build and if they go in the wrong direction our
marketplace is self - regulating. She stated apparently this is the only bar /restaurant in
town without a liquor license and she can't imagine that it is going to make anything
awfully terrible happen and if it does the business will suffer the consequences. She
stated she believes as business owners they will do every step they can to keep their
business legitimate and working to remain the integral part of the community that it is.
Commissioner Daugherty stated he believes in Mr. Davis and Mr. Washington's intent
to operate a successful, good business that abides by the rules. He stated, however, it is
still a commercial building in a residential neighborhood. He stated what he is afraid
of is what this will attract.
Commissioner Fletcher stated he has an issue with the down- zoning. He further stated
when you consider land development waivers you look at the impact on the
neighboring and adjacent properties and when you drive by over there it looks like it is
commercially zoned. He stated it seems to be surrounded on all sides but one, which is
Mr. Washington's property, by commercial occupancy so when you consider the
impact on neighboring property, it doesn't hold up. He stated it is not imbedded right
inside a residential community and does not seem to be a severe impact on the adjacent
properties. He stated when you weigh whether or not to grant a land development
waiver, he does not see the negative there. He further stated he has not heard one
person come here and say they did not want this to be done. He stated the waiver just
allows them to get a liquor license, which is one upgrade from beer and wine, and he
does not believe that would cause a spike in crime. He stated he is generally not
January 24, 2011 REGULAR COMMISSION MEETING Pate 6
inclined to support a land development waiver, but in this case he is having a hard time
finding a really good reason not to.
Commissioner Parsons stated he has not seen anyone speak negatively about this and
the business has longevity. He stated it is a big exception for him to vote yes, but he
agrees they should give them a chance.
Mayor Borno stated he has had two meetings with Mr. Davis and Mr. Washington and
applauds the staff for their work on this. He stated history is tough but we look to the
future. He quoted his rector at church who said, individuals can change themselves but
individuals cannot change other people. He stated he believes in the future and he is
willing to take a chance.
Commissioner Daugherty stated this is an area he is personally vested in and he was
encouraged to see how many people came out to effectively change things and believes
they did a great job. He encouraged them, in the future, if there is anything they see in
their neighborhood to please call him or any of the other commissioners. He stated to
Mr. Davis that he hopes if the State does grant them this license that he does hire police
officers to be there to provide security. He stated he would love to see that area
become a better place for them to live and a better place for the children over there.
Mayor Borno asked the City Clerk to call the roll for the vote.
Roll Call Votes:
Aye: 4 — Fletcher, Parsons, Woods, Borno
Nay: 1- Daugherty
MOTION CARRIED
B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to
Allow a Circular Driveway on a Lot with Less Than 100 Foot Frontage - 1792 Sea
Oats Drive.
Mr. Carper explained the restriction in the Code regarding circular driveways and
summarized the waiver request. He stated staff recommends approval of this waiver.
Motion: Approve waiver to the City Code Section 19 -7 requirements.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Award of Additive Alternate #2 for Bid No. 1011 -01 — Slide Gate
Replacements.
Public Utilities Director Donna Kaluzniak summarized her staff report and explained
the Additive Alternate which was previously deferred.
January 24, 2011 REGULAR COMMISSION MEETING Page 7
Motion: Award Additive Alternate #2 for Bid No. 1011 -01 — Slide Gates to WPC
Industrial Contractors, LLC in the amount of $245,000.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
D. Report on City Use of Facebook.
Assistant City Manager David Thompson summarized his staff report stating, should
the Commission be interested in pursuing a Facebook page, his recommendation would
be to start out slowly with Recreation and Special Events.
Discussion ensued and the consensus was to add this to the Strategic Planning meeting.
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported the Strategic Planning sessions will be facilitated by Dr. Robert
E. Lee this year. He distributed a proposed agenda and asked the Commission to look
it over and get back with any changes.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Modification to Verizon Wireless Lease.
City Attorney Alan Jensen explained this was a lease approved last fall that authorized
the City Manager to sign, which he did. He stated Verizon requested that the Mayor
sign it as well, and our Charter states either one can sign. He stated out of respect for
their request, he is recommending that the Commission authorize the Mayor to sign the
lease, as well.
Motion: Authorize the Mayor to sign the lease documents for the Amendment to
the Verizon Wireless Site Lease.
Moved by Woods, Seconded by Fletcher
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Proposed rule requiring disclosure of financial interests when addressing the
Commission.
Commissioner Daugherty stated it concerns him when they don't know whether people
who speak before the Commission are being compensated to be there. He asked that
staff add something to the blue sheet asking if a speaker is being compensated to speak.
January 24. 2011 REGULAR COMMISSION MEETING Page 8
He believes it is important to know this when making judgments and to him it has a
huge bearing on how he perceives someone's comments. Discussion ensued.
City Attorney Jensen stated he has no problem with asking speakers to identify whether
they are speaking for someone else, i.e. such as an attorney representing someone; but
to ask if someone is being compensated is going too far. He stated this is getting into
attorney /client privilege and whether they are being compensated is not necessarily
something they have to disclose. Discussion ensued.
Mayor Borno directed the City Attorney to research this and report back with
recommendations on how to change our blue slip.
Commissioner Woods
• Reported on the Dial -a -Ride Bowlathon and thanked everyone who contributed.
Commissioner Daugherty
• Mentioned an email the City Attorney sent in response to an email from
Commissioner Woods. He stated the last sentence in the email: "Your
continued efforts to undermine lawful actions taken by the city commission
need to stop. You also need to get your facts and law straight." is language he
does not consider professional in addressing, basically, your boss. He stated the
City Attorney works for all of us and encouraged the Commission to read it and
form their own opinions.
Commissioner Woods
• Thanked Commissioner Daugherty, stating she appreciates his support. She
stated the City Attorney wasn't asking for her law opinion, he was asking why
she did what she did and she was frank and honest with him and she believes he
just uses it as an excuse to continue to beat up on her and make her look bad
and it is unprofessional.
Commissioner Fletcher
• Stated City Attorney Jensen is defending the City of Atlantic Beach in litigation
and we need a forceful voice to represent the City. He stated Commissioner
Woods has tried to undermine the City Commission's decision on that matter
since the day they did it and they need a forceful voice behind the rest of the
Commission.
Commissioner Daugherty
• Agreed with Commissioner Fletcher that the City Attorney is representing the
City but believes that kind of communication needs to come from the
Commission and not Mr. Jensen. He stated the City Attorney's job is to
represent the Commission's wishes and also to advise them on issues and how
to proceed but there have been things in the past, specifically with
Commissioner Woods as far as arguments, etc. in the Chamber and he has been
disappointed. He stated he hopes a different decorum will take place in the
future.
January 24 2011 REGULAR COMMISSION MEETING Paize 9
Commissioner Fletcher
Believes they all do the best they can do under the circumstances they operate
in and they have a great City. He stated he believes Mr. Jensen does a great
job.
Commissioner Parsons
• Regarding the meeting on ethics where the Mayor represented the three beaches
cities and Baldwin, he stated he agreed with the Mayor and does not agree with
Commissioner Woods. He further stated he has no problem with Mr. Jensen's
wording.
Mayor Borno
• Stated what Commissioner Parsons was referring to was an article in the paper
this morning. He stated he represented the beaches cities and Baldwin at the
Duval Legislation meeting for clarification of who will be covered by the J -6
bill. He stated the way it was written it was unknown who it was representing
and they had asked for an amendment to be put in but our verbiage was not
accepted. He stated another amendment was put in that was accepted and it
clarified who was covered by the issue; it had nothing to do with the ethics bill.
He stated it applied to home rule; we are a charter city, they are a charter city
and we don't want crossed jurisdictions between the two.
• He stated he understands that Commissioner Woods has requested something
regarding ethics be put on the agenda for February 14 and asked that she
consider putting it on the February 28 agenda so they have a full commission.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:58
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
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City of Atlantic Beach
FINANCIAL REPORT
DECEMBER 2010
AGENDA ITEM # 4A
FEBRUARY 14, 2011
Cash Balances
Prior Current Dollar
Fund(s) 11/30/10 12/31/10 Change
General
$4,651,170
$6,802,697
$2,151,526
Tree Replacement
3,989
3,989
0
Convention Development Tax
31,463
42,616
11,153
Local Option Gas Tax
111,765
131,641
19,876
Better Jax 1/2 Cent Sales Tax
323,139
303,904
(19,235)
Police Training, Forfeiture, Grants, etc.
155,824
139,399
(16,425)
Community Development Block Grant
0
0
0
Debt Service
85,698
24,303
(61,395)
Capital Projects
1,786,517
1,822,032
35,515
Utility
4,127,704
4,269,033
141,329
Sanitation
636,652
639,688
3,036
Building Code Enforcement
54,297
42,924
(11,373)
Storm Water
1,921,201
1,806,090
(115,111)
Pension - Police
15,918
17,802
1,884
Pension - General
59,762
93,787
34,026
Investments - Unallocated Gains (Losses)
(54,567)
(254,910)
(200,343)
Total
$13,910,532
$15,884,994
$1,974,462
11,078,916
445,084
4.270
Total Restricted Cash
17,487,952
$7,632,174
Total Unrestricted Cash
$8,252,820
Cash and Investments
Account
Prior
11/30/10
Bank of America - Depository
$6,289,541
Federal National Mortgage Association Bonds
0
US Treasury Notes
1,164,074
US Treasury Notes
2,182,377
Federal Farm Credit Bank Consolidated Bonds
1,171,586
Federal Home Loan Bank Consolidated Bonds
1,019,124
Pimco Mutual Fund
999,176
Putnam US Government Mutual Fund
1,001,327
MorganStanley SmithBarney Cash
80,125
SBA - Florida Prime
252
Cash on Hand
2,950
Subtotal 13,910,532
Police Pension Investments 6,221,559
General Pension Investments 10,633,832
Subtotal 16,855,391
Total $30,765,923
(1) Fiscal year to date rate of return is (2.3 %)
Current
Dollar
Interest
12/31/10
Change
Rate
$4,519,802
($1,769,739)
0.300
2,005,560
2,005,560
4.300
(1)
1,132,485
(31,589)
4.625
(1)
2,103,005
(79,372)
3.625
(1)
1,142,538
(29,048)
4.875
(1)
1,016,447
(2,677)
4.300
(1)
1,979,152
979,976
2.054
(1)
1,982,780
981,453
5.076
(1)
0
(80,125)
0.000
275
23
0.270
2,950
0
N/A
15,884,994
1,974,462
Rate of
Return
6,409,036
187,477
3.010
11,078,916
445,084
4.270
17,487,952
632,561
$33,372,946 $2,607,022
City of Atlantic Beach AGENDA ITEM # 4A
FINANCIAL REPORT FEBRUARY 14,2011
DECEMBER 2010
Revenues
Fund / (Footnote)
Annual
Estimate
YTD - 25%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1) & (2)
$11,515,549
$2,878,887
$5,690,995
$2,812,108
97.68%
Convention Development Tax
192,857
48,214
25,584
(22,630)
- 46.94%
Local Option Gas Tax
463,523
115,881
117,751
1,870
1.61%
Better Jax 1/2 Ct Sales Tax
658,424
164,606
155,237
(9,369)
-5.69%
Police Training, Forfeiture & Grants, etc.
153,535
38,384
98,843
60,459
157.51%
Grants
647,352
161,838
15,230
(146,608)
- 90.59%
Debt Service
68,650
17,163
17,236
73
0.43%
Capital Projects
853,000
213,250
205,873
(7,377)
-3.46%
Utility (2)
19,061,825
4,765,457
3,290,760
(1,474,697)
- 30.95%
Sanitation
1,837,500
459,375
455,776
(3,599)
-0.78%
Building Code Enforcement
317,850
79,463
72,862
(6,601)
-8.31%
Storm Water
669,124
167,281
173,123
5,842
3.49%
Pension - Police (3)
964,726
241,182
426,359
185,177
76.78%
Pension - General (3)
1,522,969
380,742
916,602
535,860
140.74%
Total
$38,926,884
$9,731,723
$11,662,231
$1,930,508
Analysis of Major Variances
(1) The $2,812,108 positive variance in the General Fund resulted from having received
80.6% of the budgeted property taxes. Typically the majority of these taxes are received
from the City of Jacksonville in December & January. Also, the TMDL related transfer of
$892,560 from the Utility System Debt Service Fund was done due to the receipt of loan
proceeds.
(2) The $1,474,697 negative variance in the Utility Funds resulted from not having received
the budgeted fiscal year to date proceeds from the Bank - Qualified Loan. Partial receipt
of the loan proceeds was received in December, 2010. The City will receive additional
loan proceeds as needed when the related expenditures are made on the project. If the
loan was not included in this calculation, the variance would be a positive 2.5 %.
(3) The $185,177 positive variance in the Police Employee Pension Fund & the $535,860
positive variance in the General Employee Pension Fund resulted from changes in
market values of the investments.
City of Atlantic Beach
FINANCIAL REPORT
DECEMBER 2010
AGENDA ITEM # 4A
FEBRUARY 14, 2011
Expenses
Department / (Footnote)
Governing Body
City Administration
General Government
Planning and Building
Public Safety
Recreation and Special Events
Public Works
Public Utilities (1) & (3)
Pension - Police
Pension - General
Total
Annual YTD - 25% YTD Dollar Percent
Estimate of Estimate Actual Variance Variance
$42,260
$10,565
$10,850
($285)
- 2.70%
2,465,322
616,331
690,107
(73,776)
- 11.97%
914,780
228,695
170,885
57,810
25.28%
531,131
132,783
112,557
20,226
15.23%
6,103,010
1,525,753
1,367,743
158,010
10.36%
392,160
98,040
127,772
(29,732)
- 30.33%
6,702,937
1,675,736
1,539,514
136,222
8.13%
19,711,651
4,927,911
3,586,231
1,341,680
27.23%
548,977
137,244
130,933
6,311
4.60%
555,445
138,861
161,803
(22,942)
- 16.52%
$37,967,673
$9,491,919
$7,898,395
$1,593,524
Annual YTD - 25% YTD Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
Personal Services
$9,416,977
$2,354,244
$2,223,059
$131,185
5.57%
Operating Expenses
10,158,646
2,539,662
2,291,848
247,814
9.76%
Capital Outlay (1)
13,803,637
3,450,909
771,899
2,679,010
77.63%
Debt Service (2)
2,137,906
534,477
1,329,542
(795,065)
- 148.76%
Transfers (3)
2,450,507
612,627
1,282,047
(669,420)
- 109.27%
Total $37,967,673
$9,491,919
$7,898,395
$1,593,524
Analysis of Major Variances
(1)The positive variance in the Public Utilities department resulted from
limited activity on the various projects funded from this source — see Project
Activity Schedule.
(2)The negative variance in the Debt Service Accounts resulted from the
October and December payment of principal and interest on the Utility
Revenue Bonds.
(3)The positive variance in the Transfer Accounts resulted from the TMDL
related transfer from the Utility System Debt Service Fund to the General
Fun due to the receipt of loan proceeds. The accounts are now 97.5% of
the budgeted amounts.
City of Atlantic Beach
FINANCIAL REPORT
DECEMBER 2010
Project Activity - Current Year Activity Only
AGENDA ITEM # 4A
FEBRUARY 14, 2011
Project YTD YTD YTD
Project Name Number Budget Actual Balance
Public Safety
Lifeguard Building Roof Replacement
LG0901
8,000
0
8,000
Police Building Renovation /Design /Construction
PS0504
401,697
19,953
381,744
409,697
19,953
389,744
Public Utilities:
Replace Well at Water Plant #1
PUO304
287,018
94,652
192,366
TMDL - WWTP #1 Design
PU0905
91,276
91,204
72
TMDL - Lift Station /Main Transfer Flow
PU0906
1,708,740
53,888
1,654,852
Elevated Tank - Water Plant #1
PU 1001
1,688
0
1,688
Ground Storage Tank Rehab - Water Plant #1
PU1002
44,340
44,340
0
Collection System Inspection & Rehab
PU1004
42,836
27,789
15,047
Mimosa Cove Lift Station Upgrades
PU1005
48,590
0
48,590
Lift Station E Upgrades
PU1006
48,183
48,183
0
Tank Rehab - Water Plant #4
PU1014
814
0
814
Well Rehab - Well # 1 @ Water Plant #1
PU1101
50,000
0
50,000
Elevated Tank Rehab - Water Plant #2
PU1102
15,000
0
15,000
Ground Storage Tank Rehab - Water Plant #4
PU1103
40,000
0
40,000
Replace 2" Water Main - 11th Street
PU1104
120,000
0
120,000
Sewer Rehab - Sea Oats Drive
PU1105
300,000
0
300,000
TMDL Upgrade /Construction - WWTP #1
PU1106
5,312,070
0
5,312,070
Valve Replacement- Davco & Clarifier
PU1107
35,000
0
35,000
Replace Equipment- PW Yard Station
PU1108
30,000
0
30,000
Plant Improvements - Master Plan
PU1109
469,000
0
469,000
TMDL Sludge /Odor Improvements
PU1110
234,914
0
234,914
Subtotal
8,879,469
360,056
8,519,413
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch
PM0804
196,306
1,758
194,548
Howell Park Bridge Replacement
PM1001
20,000
0
20,000
Veteran's Park - Flag & Pavilion
PM1006
72,063
69,776
2,287
Dog Park - Hopkins Creek
PM1008
27,800
18,049
9,751
Gate at Dutton Island
PM1101
20,000
0
20,000
Lighting - Basketball Court
PM1102
22,000
0
22,000
Lighting - Security at Community Center
PM1103
20,188
0
20,188
Sod - Baseball Field
PM1104
32,000
0
32,000
Sod - South End of Soccer Field
PM1105
20,000
0
20,000
Parking - Paved
PM1106
36,975
0
36,975
Water Fountain - Russell Park
PM1107
5,000
0
5,000
Royal Palms Design
PW0808
3,294
759
2,535
Royal Palms Stormwater Project
PW0905
580,405
130,622
449,783
Bulkhead - Ditch @ Cavalla
PW1005
9,472
9,472
0
Sidewalk & Curb Replacement
PW1101
25,000
9,869
15,131
Drain Line - Atlantic Blvd /East Coast Dr /Ahern St
PW1102
50,000
0
50,000
Subtotal
1,140,503
240,305
900,198
Total
$10,429,669
$620,314
$9,809,355
Status Key
Status
E
C
C
I
C
E
C
I
E
I
C
I
A - Bid Advertised
I - Project In- progress
B - Bid Awarded
N - Complete /Non - Capital
C - Project Completed
R - Re- budget Next Fiscal Year
D - Design Completed
X - Project Cancelled
E - Design Phase
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AGENDA ITEM # 4A
FEBRUARY 14, 2011
PREPARED 2/04/11,15:26:42
LICENSE ACTIVITY REPORT BY BUSINESS NAME
- - - - -- NEW LICENSES - --
City of Atlantic Beach NEW
LICENSES
FOR YEAR: 2011 BETWEEN: 01 /01 /11 TO
01/31/11
PROGRAM OL122L
DEPT:
ALL DEPARTMENTS CLASS: ALL CLASSES
0
--------------------------------------------------------------------------------------------------------------
LIC # BUSINESS NAME
ISSUED
TYPE CLASSIFICATION
0
BUSINESS ADDRESS
--------------------------------------------------------------------------------------------------------------
0
UC:
BUS PHONE #
11- 00007342 JACKSONVILLE STUMP REMOVAL LLC
1/14/11
NEW MISC. SERVICE ESTABLISHMENT,
NOT LIS
769 JASMINE ST
904 - 463 -0332
ATLANTIC BEACH FL 32233
11- 00007347 OTO'MELARA NORTH AMERICA,INC.
1/27/11
NEW MISC. SERVICE ESTABLISHMENT,
NOT LIS
645 MAYPORT RD UNIT 1
904- 270 -2860
ATLANTIC BEACH FL 32233
11- 00007344 OVANA GLUTON FREE BAKERY
1/14/11
NEW BAKERY
363 ATLANTIC BLVD UNIT 09
904 - 318 -3576
ATLANTIC BEACH FL 32233
11- 00007346 VARICK ROSETE STUIDO LLC
1/31/11
NEW MISC. SERVICE ESTABLISHMENT,
NOT LIS
578 CRUISER LN
904- 874 -2025
ATLANTIC BEACH FL 32233
11- 00007345 WE R WIRELESS LLC
1/31/11
NEW COMMUNICATIONS EQPT. /CELL PHONES /BEE
753 ATLANTIC BLVD UNIT 2
786 - 837 -4444
ATLANTIC BEACH FL 32233
GRAND TOTALS
--------
- - - - -- NEW LICENSES - --
AC:
5
PP:
0
IN:
0
VO:
0
PG:
0
BR:
0
OB:
0
UC:
0
LIC:
5
AGENDA ITEM # 4A
FEBRUARY I4, 2011
City of Atlantic Beach, Fl.
Utility
Sales Report
January 2011
January 2010
Gallons
Actual
Revenue
Gallons
Actual
Revenue
Water Sales
Accounts
0000
Revenue
Per 1,000 gi
Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach
5,566
38,172
$143,191
$3.75
5,563
35,850
$133,319
$3.72
Buccaneer
2,441
16,753
$81,124
$4.84
2,420
19,291
$83,963
$4.35
Total Water Sales
8,007
54,925
$224,315
$4.08
7,983
55,141
$217 ,282
$3.94
Gallons
Gallons
Water Plant Production
0000
0000
Atlantic Beach
39,683
48,544
Buccaneer
24,198
17,334
Total Production
63,881
65,878
Total Water Billed
54,925
55,141
Water Loss for month:
8,956
0, 7 3
10,737
Percentage Loss
14.02%
16.30%
Total 12 mo. Avg. Loss
14.70%
13.58%
Gallons
Actual
Revenue
Gallons
Actual
Revenue
Sewer Sales
Accounts
0000
Revenue
Per 1,000 gi
Accounts
0000
Revenue
Per 1,000 gI
Atlantic Beach
5,094
30,905
$234,298
$7.58 a
5,069
30,717
$212,917
$6.93 a
Buccaneer
2,324
17,062
$168,588
$9.88
2,293
18,225
$159,716
$8.76
Total Sewer Sales
7,418
47,967
$402,886
$8.40
7,362
48,942
$372,633
$7.61
Gallons
Actual
Revenue
Gallons
Actual
Revenue
Sewer Treatment
0000
Revenue
Per 1,000 gi
0000
Revenue
Per 1,000 gi
Atlantic Beach
42.237
$234,298
$5.55
48.577
$212,917
$4.38
Buccaneer
18.290
$168,588
$9.22
17.744
$159,716
$9.00
l Total Sewer Treated
60.527
$402,886
$6.660
66.321
$372,633
$5.62
AGENDA ITEM # 4A
FEBRUARY 14, 2011
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FEBRUARY 14, 2011
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AGENDA ITEM # 4B
FEBRUARY I4, 20I I
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Contract for Chlorine for Water and Wastewater Treatment
Plants
Bid No. 10 11-0 8
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: February 2, 2011
BACKGROUND: The Public Utilities Department purchases chlorine for disinfection
at the water and wastewater plants. Bids were advertised and three vendors submitted
bids.
Item
Est.
Allied
Brenntag
Jones
No.
Universal
Mid -South
Chemical
Unit Cost
Total
Unit Cost
Total
Unit Cost
Total
Chlorine,
50
$402
$20,100
$460
$23,000
$470
$23,500
Tons
Chlorine,
25
$64
$1,600
$66
$1,650
$65
$1,625
150#
Cylinders
TOTAL
$21,700
$24,650
$25,125
ANNUAL
EST.
The low responsive bidder meeting all requirements was Allied Universal Corporation.
Overall costs are 0.5% higher than our existing prices.
BUDGET: Funds for chlorine are included in the Water and Sewer Treatment funds
in the amount of $31,000 under account nos. 400 - 5502 -533 -5200 and 410- 5508 -535-
5200.
RECOMMENDATION: Award the annual contract for chlorine to Allied Universal
Corporation at the unit prices submitted in Bid No. 1011 -08.
ATTACHMENTS: 1. Bid tabulation for Bid No. 1011 -08.
2. Bid analysis for Bid No. 1011 -08.
REVIEWED BY CITY MANAGE
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FEBRUARY 14, 2011
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AGENDA ITEM # 7A
FEBRUARY 14, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance for Placement and Maintenance of Utility Facilities
in the Public Rights -Of -Way within the City
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: February 7, 2011
BACKGROUND: In January, the Commission approved subject ordinance on first reading.
Following that approval, Staff met with JEA representatives, including a representative
from the Office of General Counsel, to discuss the ordinance. Most of JEA's questions were
resolved at that meeting, but they have requested a minor amendment to the proposal.
The proposed changes allow the City Manager to waive the requirement for Construction
Bond or Security Account if the registrant provides evidence of its ability to pay, which may
include financial statements. At the City Attorney's recommendation, this was amplified by
requiring the documentation provided be audited financial statements.
Changes made since the first reading approval by the Commission in January are
shown in underline format. The City Attorney agreed that these changes were minor and did
not constitute reason to return the ordinance to first reading.
RECOMMENDATION: Approve the proposed ordinance on Second Reading.
BUDGET: This ordinance is not anticipated to require any dedicated funding to enforce.
ATTACHMENT: (1) Draft Ordinance
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 7A
FEBRUARY I4, 2011
ORDINANCE NO. 65 -11- 37
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW
SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE
OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS WITHIN
THE CITY, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 19 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended by adding a new section to be numbered Section 19 -8, which section shall read
as follows:
"Sec. 19 -8. Utility rights -of -way.
(1) Short title. This article shall be known and may be cited as the city utility rights -
of -way ordinance.
(2) Intent and purpose. It is the intent and purpose of the city to promote the public
health, safety, and general welfare by: providing for the placement or maintenance of utility
facilities, including communications facilities, in the public rights -of -way within the city;
adopting and administering reasonable rules, regulations, and policies not inconsistent with
federal and state laws including F.S. § 337.401,(2000), as amended, the city's home -rule
authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996
and other federal and state laws; establishing reasonable rules, regulations, and policies necessary
to manage the placement or maintenance of utility facilities in the public rights -of -way by all
utility service companies and providers; and minimizing disruption to the public rights -of -way.
(3) Definitions. For purposes of this article, the following terms, phrases, words, and
their derivations shall have the meanings given. Where not inconsistent with the context, words
used in the present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The words "shall" and
"will" are mandatory, and the word "may" is permissive. Words not otherwise defined shall be
construed to mean the common and ordinary meaning.
Abandonment shall mean the permanent cessation of all uses of a utility facility; provided
however, that this term shall not include cessation of all use of a facility within a physical
structure where the physical structure continues to be used. By way of example, and not
limitation, cessation of all use of a cable within a conduit, where the conduit continues to be
used, shall not be abandonment of a facility in public rights -of -way.
AGENDA ITEM # 7A
FEBRUARY 14, 2011
The City shall mean Atlantic Beach, Florida.
Communications services shall mean the transmission, conveyance, or routing of voice, data,
audio, video, or any other information and signals to a point, between points, or among points by
or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method
now in existence or hereafter devised, regardless of the protocol used for such communication,
transmission, or conveyance. Notwithstanding the foregoing, for purposes of this section "cable
service," as defined in F.S. § 202.11(2), (2000), as amended, is not included in the definition of
"communications services," and cable service providers shall be subject to ordinances of the
city.
Utility services company and provider shall mean any person, including a City or state, providing
utility services through the placement or maintenance of any facilities in public rights -of -way.
"Utility services company and provider" shall also include any person, including a City or state,
that places or maintains facilities in public rights -of -way, but does not provide public utility
services. "Utility Services Company and provider" shall also include any contractors and
subcontractors of any person, including a city or state.
Communications facility or facility or system shall mean any permanent or temporary plant,
equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber optics,
poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location
markers, appurtenances, and other equipment or pathway placed or maintained, or to be placed or
maintained, in the public rights -of -way of the city and used, or capable of being used, to transmit,
convey, route, receive, distribute, provide, or offer communications services.
Facility shall mean any non -city owned permanent or temporary plant, equipment and property,
including but not limited to gas, electric, communications, water, sewer and other types of
facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice boxes,
cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and other
equipment, construction, or pathway placed or maintained or to be placed or maintained in
rights -of -way of the City.
FCC shall mean the Federal Communications Commission.
In public rights -of -way or in the public rights-of- shall mean in, on, through, over, under, or
across the public rights -of -way.
Ordinance shall mean this ordinance.
Person shall include any individual, children, firm, association, joint venture, partnership, estate,
trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of any kind,
successor, assignee, transferee, personal representative, and all other groups or combinations.
Place or maintain or placement or maintenance or placing or maintaining shall mean to erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate. A
ORDINANCE NO. 65 -11 -37 2
AGENDA ITEM # 7A
FEBRUARY 14, 2011
utility services company or provider that owns or exercises physical control over
communications facilities in public rights -of -way, shall be considered as "placing or
maintaining" the facilities. A person providing communication service only through resale or
only through use of a third party's unbundled network elements is not "placing or maintaining"
the communications facilities through which such service is provided.
Public rights -of -way shall mean a dedicated public right -of -way, highway, roadway, street,
bridge, tunnel, or alley for which the city has authority, jurisdiction, control, and may lawfully
grant access pursuant to applicable law and includes the surface, the air space above the surface,
and the area below the surface. Public rights -of -way shall not include private property. Public
rights -of -way shall not include any real or personal property of the city, except as described
herein and shall not include the city's parks or other non- rights -of -way open spaces, buildings,
fixtures, poles, conduits, facilities, structures, appurtenances, or improvements regardless of
whether they are situated within or without the public rights -of -way. Public rights -of -way shall
not include existing and future private easements, private rights -of -way, leases, contracts, or
agreements between the city and any other party or entity.
Registrant shall mean a utility services company and provider registered with the city in
accordance with the provisions of this section.
Registration or register shall mean the process described in this section whereby a utility services
company and provider performs certain duties and provides certain information to the city.
(4) Registration.
(a) A utility services company or provider that desires to place or maintain a
facility in public rights -of -way in the city shall first register with the city in accordance
with this article. Subject to the terms and conditions prescribed in this section, a registrant
may place and maintain facilities in public rights -of -way. A company or provider already
covered by an existing franchise agreement with the city shall also be required to register
hereunder.
(b) The act of registration shall not convey any title, equitable or legal, to the
registrant in the city's public rights -of -way. Registration under this article embodies only
the placement or maintenance of facilities in public rights -of -way. Registration does not
excuse a utility services company or provider from obtaining appropriate and required
access or pole attachment agreements before locating facilities on the city's facilities or
another person's facilities. Registration does not excuse a utility services company or
provider from complying with all applicable city ordinances, codes, or regulations
including this section or payment of all applicable franchise fees or taxes.
(c) Each utility services company or provider that desires to place or maintain a
facility in public rights -of -way in the city shall file a registration with the city which shall
include the following information:
ORDINANCE NO. 65 -11 -37 3
AGENDA ITEM # 7A
FEBRUARY 14, 2011
(1) Name of the applicant;
(2) Name, address, email address, and telephone number of the
applicant's primary contact person in connection with the registration, and the
name, address, email address, and telephone number of the person to contact in
case of an emergency;
(3) Evidence of the insurance coverage required under this section and
acknowledgment that applicant has received and reviewed a copy of this section;
however, the acknowledgment of the receipt of this section shall not be deemed an
agreement;
(4) The applicant's certificate of authorization or license number to
provide utility services issued by the state public service commission, the Federal
Communications Commission, or other federal or state authority, if any, having
jurisdiction; and
(5) For an applicant that does not provide a state public service
commission certificate of authorization number, if the applicant is a corporation,
proof of authority to conduct business in the state. A certificate number from, or
filing with, the Florida Department of State will be acceptable.
(d) The city shall review the information submitted by the applicant. Such review
shall be conducted by the city manager or the city manager's designee. If the applicant
submits information in accordance with this article, the registration shall be effective and
the city shall notify the applicant in writing of the effectiveness of the registration. If the
city determines that the information has not been submitted in accordance with this
article, the city shall notify the applicant in writing of the non - effectiveness of the
registration, and reasons for the non - effectiveness. The city shall notify an applicant
within thirty (30) calendar days after receipt of the registration information from the
applicant. Non - effectiveness of registration shall not preclude an applicant from filing
subsequent applications for registration.
(e) A registrant may cancel a registration upon written notice to the city stating
that registrant will no longer place or maintain any facilities in public rights -of -way
within the city and registrant will no longer require permits to perform work in public
rights -of -way. A registrant shall not cancel a registration if the registrant continues to
place or maintain any communications facilities in public rights -of -way.
(f) Registration does not establish a right or provide authority to place and
maintain or establish priority for the future placement or maintenance of facilities in
public rights -of -way within the city, but shall establish for the registrant, a right to apply
for a permit from the city. Registrations are expressly subject to any future amendment to
or replacement of this article and further subject to any new or existing city laws, as well
as any new or existing federal or state laws, rules, and regulations which may be enacted
or which have been enacted.
(g) A registrant shall renew its registration with the city by the first day of April
of even numbered years in accordance with the registration requirements in this section,
ORDINANCE NO. 65 -11 -37 4
AGENDA ITEM # 7A
FEBRUARY 14, 2011
except that a registrant that initially registers during the even numbered year when
renewal would be due or the odd numbered year immediately preceding such even
numbered year shall not be required to renew until the next even numbered year. Within
thirty (30) calendar days of any change in the information required herein; a registrant
shall provide updated information to the city. If the information in the then - existing
registration has not changed, the renewal may provide that no information has changed.
Failure to renew a Registration may result in the city restricting the issuance of additional
permits until the utility services company or provider has complied with the registration
requirements of this article.
(h) In accordance with applicable city ordinances, codes, regulations, or policies
a permit shall be required of a utility services company or provider that desires to place or
maintain a facility in public rights -of -way. An acceptable and approved registration shall
be a condition precedent to requesting and obtaining a permit. Notwithstanding an
acceptable and approved registration, permitting requirements shall always apply. A
permit may be obtained by a Registrant having an acceptable and approved registration if
all permitting requirements are met.
(5) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or
assigns the assets located in public rights -of -way or incident to a transfer, sale, or assignment of
the registrant's assets the transferee, the buyer, or the assignee shall be fully obligated to comply
with the terms of this section and any franchise agreement that may be in place. Written notice of
any such transfer, sale, or assignment shall be provided by such registrant to the city within
twenty (20) calendar days after the effective date of the transfer, sale, or assignment. If the
transferee, buyer, or assignee is a current registrant then the transferee, buyer, or assignee may
not be required to re- register. If the transferee, buyer, or assignee is not a current registrant, then
the transferee, buyer, or assignee shall register as provided herein within thirty (30) calendar days
of the transfer, sale, or assignment. If permit applications are pending in the registrant's name the
transferee, buyer, or assignee shall notify the city that the transferee, buyer, or assignee is the new
applicant.
(6) Placement or maintenance of facilities.
(a) A registrant shall, at all times, comply with and abide by all applicable
provisions of federal and state laws, regulations, rules and the city ordinances, codes,
regulations, and policies in placing and maintaining facilities in public rights -of -way.
(b) A registrant shall not commence to place or maintain facilities in public
rights -of -way until all applicable permits, if any, have been issued by the city and other
appropriate authorities. Registrant acknowledges and accepts that, as a condition of
granting any permits, the city may impose reasonable rules, regulations, and policies
governing the location, placement, and maintenance of facilities in public rights -of -way.
(c) If a registrant chooses to use a sub - contractor as permitting agent, any
application submitted by the agent must include contact information for the registrant
ORDINANCE NO. 65 -11 -37 5
AGENDA ITEM # 7A
FEBRUARY 14, 2011
supervisor in charge.
(d) As part of the permit application to place a new or replace or maintain an
existing facility in public rights -of -way, the registrant shall provide not less than the
following:
(1) A description of the location of the proposed facilities including a
narrative description and a scaled pictorial drawing of the facilities to be installed,
where the facilities are to be located, and the size of facilities to be located in
public rights -of -way; and
(2) A description of the construction methods or techniques which will be
used to install the facilities; and
(3) A maintenance plan for disruption of traffic; and
(4) A statement concerning the ability of the public rights -of -way to
accommodate the proposed facility; and
(5) An estimate of the cost of and schedule for the restoration to the
public rights -of -way; and
(6) A timetable for project construction and each phase thereof, and the
areas within the city which will be affected; and
(7) Such additional information as the city finds necessary with respect to
the placement or maintenance of the facility that is the subject of the permit
application.
(e) To the extent not otherwise prohibited by federal or state laws, the city shall
have the power to prohibit or limit the placement of new or additional facilities within
particular areas of all public rights -of -way.
(f) All facilities shall be placed and maintained so as not to interfere with the use
of the public rights -of -way by the public and with the rights and convenience of property
owners who adjoin the public rights -of -way. The use of trenchless technology, joint
trenching, and co- locating of facilities in existing conduit in the public rights -of -way is
strongly encouraged and shall be employed when feasible. In all cases where a road has
been resurfaced within the past five (5) years, installation of new facilities or repair of
existing facilities shall be done without cutting the paved road surface, unless otherwise
specifically approved by the Public Works Director. Protection of existing trees shall be
a requirement for all new facilities and repair of existing facilities. The city manager or
the city manager's designee may promulgate rules, regulations, and policies concerning
the placement and maintenance of facilities in public rights -of -way consistent with this
article and other applicable federal and state laws.
(g) All safety practices required by applicable municipal, state, and federal laws
or accepted industry practices and standards, shall be used during the placement or
maintenance of facilities in public rights -of -way.
(h) After the completion of any placement or maintenance of a utility facility in
ORDINANCE NO. 65 -11 -37 6
AGENDA ITEM # 7A
FEBRUARY 14, 2011
public rights -of -way or each phase thereof, the registrant shall at the registrant's expense,
restore the public rights -of -way to the original condition, or superior to the original
condition, which existed before such placement or maintenance. If the registrant fails to
complete the restoration within thirty (30) calendar days, following the completion of
such placement or maintenance, the city may perform the restoration and charge the total
costs of the restoration to the registrant in accordance with F.S. § 337.402,(2000), as
amended. For twelve (12) calendar months following the original completion date of the
work, the Registrant shall guarantee the restoration work and shall correct, at the
Registrant's expense, any restoration work which does not satisfy the requirements of the
city. For installations or maintenance which impact public use of the right of way in any
fashion, repairs shall be expedited. Full access shall be restored within two working days,
unless specifically allowed additional time by the Public Works Director, or his /her
designee.
(i) Where placement of new facilities includes installation of significant
equipment cabinets or junction boxes, the Public Works Director, at his option, may
require installation of a landscape buffer. Plants for this buffer, if required, shall be
consistent with adjacent landscaping and shall use plants meeting the Florida Friendly
standard and will be approved by the Public Works Director.
0) Removal or relocation, at the direction of the city of a registrant's existing
facility in public rights -of -way, shall be governed by the provisions of F.S. § 337.403 and
§ 337.404 (2000), as amended. A failure to remove or relocate facilities as directed
which results in a construction delay in an ongoing city project, will result in the utility
owner paying any delay costs assessed to the city by the contractor, provided the
notification requirements of F.S. § 337.403 (2) have been met. Registrants shall respond
to Utility Coordination requests from the city or consultant under contract to the city fully
and in a timely manner, generally within two weeks of request.
(k) An approved permit from the city shall constitute authorization to undertake
only certain activities in public rights -of -way in accordance with this article, and the
permit does not create a property right or grant authority to impinge upon the rights of
others who have an interest in the public rights -of -way.
(1) A registrant shall maintain its facility in public rights -of -way in a manner
consistent with accepted industry practice and applicable law.
(m) In connection with excavation in the public rights -of -way, a registrant shall
where applicable, comply with the Underground Facility Damage Prevention and Safety
Act set forth in F.S. Ch. 556, (2000), as amended.
(n) A registrant shall use and exercise due caution, care, and skill in performing
work in the public rights -of -way and shall take all reasonable and necessary steps to
safeguard the entire work area and the general public. Locate flags or other temporary
markers, other than paint, used to mark existing facilities in the right of way, whether
ORDINANCE NO. 65 -11 -37 7
AGENDA ITEM # 7A
FEBRUARY 14, 201 I
placed by the utility doing the work or by a central contractor, shall be removed by the
utility requesting the locates when work requiring the marking is completed or when
marking is no longer valid, as defined in F.S. Ch. 556.107 (3) (i.e., after 30 days).
(o) Upon request of the city, and as notified by the city of the other work,
construction, installation, or repairs, a registrant may be required to coordinate all
placement and all maintenance activities with any other work, construction, installation,
or repairs which may be occurring, or scheduled to occur, in public rights -of -way. A
registrant may be required to alter an installation and maintenance schedule to minimize
disruptions and disturbance in the public rights -of -way.
(p) A registrant shall not place or maintain facilities which interfere with,
displace, damage, or destroy other facilities including, but not limited to, sewer mains,
gas mains, water mains, electric facilities, stormwater drains, pipes, cables, conduits, and
all other facilities occupying the public rights -of -way.
(q) The city makes no expressed or implied warranties or representations
regarding the fitness, suitability, or availability of the city public rights -of -way for the
registrant's facilities and any performance of work, costs incurred, or services provided by
registrant shall be at registrant's exclusive risk. Nothing in this article shall affect the city
authority to add, increase, vacate, or abandon public rights -of -way, and the city makes no
expressed or implied warranties or representations regarding the availability of any added,
increased, vacated, or abandoned public rights -of -way for facilities.
(r) The city shall have the right and authority to make any inspections, at any
time, of facilities placed or maintained in public rights -of -way as the city determines
necessary to ensure compliance with this article. Additionally, the city shall have the
right and authority to require utilities to repair or replace damaged surface mounted
facilities such as junction boxes or pull terminals. Such requirement will be
communicated to the appropriate utility by the Public Works Director.
(s) A permit application to place a new or maintain an existing facility in public
rights -of -way shall include plan and profile drawings which show the actual location of
the facilities in the public rights -of -way. If the drawings require revision based upon
actual installation, the registrant shall promptly provide the revised as -built drawings to
the city. The drawings shall be in a hard copy format and an electronic format specified
by the city. All such drawings, data and information shall be provided at no cost to the
city.
(t) The city reserves, without limitation, the exclusive right to place, maintain,
and permit to be placed or maintained, all sewer, gas, water, electric, stormwater
drainage, communications, all other types of facilities, cables, or conduits and to do, and
to permit to be done, any underground and overhead installations or improvements which
may be deemed necessary or proper by the city in public rights -of -way that may be
ORDINANCE NO. 65 -11 -37 8
AGENDA ITEM # 7A
FEBRUARY 14, 2011
occupied by a registrant. The city further reserves, without limitation, the exclusive right
to alter, change, or cause to be altered or changed the grading, installation, relocation, or
width of the public rights -of -way within the limits of the city and within said limits as the
limits may, from time to time, be altered.
(u) A registrant shall, upon request of any person holding a permit issued by the
city, temporarily adjust any facilities to allow for work authorized by other permits. The
expense of such temporary adjustments of facilities shall be paid by the person requesting
the adjustment and the registrant shall have the right to request such payment of expense
in advance. If the city requests temporary or permanent adjustments of a registrant's
existing or proposed facilities to allow for work to be done by the city, its contractors, or
its agents, however, all expenses and costs related to the adjustments of the registrant's
temporary or permanent facilities, shall be the responsibility of and shall be paid by the
registrant. The registrant shall be given not less than thirty (30) calendar days advance
written notice to arrange for such temporary or permanent adjustments.
(7) Suspension of permits. The city shall have the exclusive authority to suspend or
revoke a permit for any work in the public rights -of -way for due cause and for one or more of the
following reasons:
(a) Violation of permit conditions including any conditions set forth in the
permit, this section, or other applicable city ordinances, codes, policies, rules or
regulations governing placement or maintenance of facilities in public rights -of -way; and
(b) Misrepresentation or fraud by registrant in a registration or permit application
to the city; or
(c) Failure to properly renew a registration or ineffectiveness of a registration; or
(d) Failure to relocate or remove facilities as required by the city. The city
manager or the city manager's designee may provide a notice and the opportunity for a
registrant to cure any violation or failure described herein.
(8) Involuntary termination of registration.
(a) The city may terminate a registration for due cause, reason, and for one or
more of the following:
(1) Federal or state authority suspends, denies, or revokes a registrant's
certification or license to provide communication or utility services; or
(2) The registrant's placement or maintenance of facilities in the public
rights -of -way presents a danger to the general public or other users of the public
rights -of -way and the registrant fails to remedy the danger promptly after receipt
of notice; or
ORDINANCE NO. 65 -11 -37
AGENDA ITEM # 7A
FEBRUARY 14, 2011
(3) The registrant ceases to use all of the facilities in public rights -of -way
or has not complied with the requirements of this section.
(b) Prior to termination, the registrant shall be notified by the city manager or the
city manager's designee, by a written notice which sets forth all pertinent matters to the
proposed termination action and describing the intended action of the city. The registrant
shall have thirty (30) calendar days after the date of such notice to eliminate the reasons
for the termination. In the event the registrant has not eliminated the reasons for the
notice of termination at the end of the thirty (30) calendar day period, the termination
shall be final.
(c) In the event of termination, a former registrant shall: (1) notify the city of any
anticipated assumption by another Registrant of ownership of the terminated registrant's
facilities in public rights -of -way; and (2) provide the city with an acceptable plan for
disposition of its facilities in public rights -of -way. If a terminated registrant fails to
comply with this section, the city may exercise any remedies or rights it has at law or in
equity including, but not limited to, taking possession of the facilities when another
person has not assumed ownership or physical control of the facilities or requiring the
registrant, within ninety (90) calendar days of the termination or such period as may be
agreed to by the registrant, to remove part or all of the facilities from the public rights -of-
way and restore the public rights -of -way to the original condition. All expenses incurred
by the city or its agents to remove part or all of the facilities and to restore the public
rights -of -way to the original condition shall be paid by the registrant.
(d) A terminated registrant shall take all steps necessary to render safe every
portion of the facilities remaining in the public rights -of -way of the city.
(e) In the event of termination of a registration, this section does not authorize
the city to remove or cause the removal of facilities used to provide another service for
which the registrant or another person who owns or exercises physical control over the
facilities holds a valid certification or license with the governing federal or state agency,
if required for provision of such service, and is also registered with and holds a valid
permit issued by the city.
(9) Existing facilities in public rights -of -way. A utility services company or provider
with an existing facility in the public rights -of -way of the city shall have ninety (90) calendar
days from the effective date of this section to comply with the terms of this section including, but
not limited to registration, or shall be in violation of this section.
(10) Insurance.
(a) A registrant shall provide, pay for, and maintain satisfactory to the city, not
less than the types and coverage limits of insurance described herein. All insurance shall
be from and issued by responsible companies duly authorized to conduct business in the
state and having a rating acceptable to the city. All liability policies shall provide that the
ORDINANCE NO. 65 -11 -37 10
AGENDA ITEM # 7A
FEBRUARY 14, 2011
city is an additional insured as to the activities under this section. The required coverages
must be evidenced by properly executed certificates of insurance forms. The certificates
must be signed by the authorized representative of the insurance company and shall be
filed and maintained annually with the city. Thirty (30) calendar days advance written
notice by certified mail or facsimile, as determined by the city, must be given to the city
of any cancellation, intent of cancellation, intent not to renew, or reduction in the types of
policies or coverage limits. The insurance requirements may be satisfied by evidence of
self - insurance or other types of insurance acceptable to the city as approved by the City
Manager.
(b) The types of coverage and limits of coverage of insurance required shall not
be less than the following:
(1) Worker's Compensation and Employer's Liability Insurance.
Worker's Compensation- Florida Statutory Requirements.
Employer's Liability.
$1, 000, 000 limit each accident
$1, 000, 000 limit each employee
(2) Comprehensive General Liability.
Bodily Injury and Property Damage.
$2, 000, 000 combined single limit each occurrence.
(3) Automobile Liability.
Bodily Injury and Property Damage.
$2, 000, 000 combined single limit each accident.
(Ord. No. 2001 -7813, 6 -4 -01)
(11) Indemnification.
(a) A registrant shall, at the registrant's cost and expense indemnify, hold
harmless, and defend the city its officials, boards, members, agents, contractors, and
employees against any and all claims, suits, causes of action, proceedings, judgments for
damages or equitable relief, costs, and expenses incurred by the city arising out of the
placement or maintenance of utility systems or facilities in public rights -of -way, whether
placed by the registrant or a contractor or subcontractor to the registrant, regardless of
whether the act or omission is authorized, allowed, or prohibited by this section provided,
however, that a registrant's obligation hereunder shall not extend to any claims caused by
the negligence, wanton acts, or willful acts of the city. This provision includes, but is not
limited to, the city's reasonable attorneys' fees incurred in defending against any such
claim, suit, or proceedings. The city agrees to notify a registrant in writing, within a
reasonable period of time, of any issue the city determines may require indemnification.
Nothing in this section shall prohibit the city from participating in the defense of any
litigation by its own counsel and at its own expense. Nothing contained in this section
shall be construed or interpreted: (1) as denying to any person or entity a remedy or
defense available to such person or entity under the laws of the state; or (2) as a waiver of
sovereign immunity beyond the waiver provided in F.S. § 768.28, (2000), as amended.
ORDINANCE NO. 65 -11 -37 11
AGENDA ITEM # 7A
FEBRUARY 14, 2011
(b) The indemnification requirements shall survive and shall be in effect after a
termination or cancellation of a registration.
(12) Construction bond.
(a) Prior to issuing a permit, when the work authorized by a permit will require
restoration of public rights -of -way, the city shall require a construction bond to secure the
restoration of the public rights -of -way. Notwithstanding the foregoing, a construction
bond hereunder shall only be required to the extent that the cost of the restoration exceeds
the amount recoverable against the security account as provided herein. The requirement
for a Construction Bond may be waived by the City Manager if the applicant for the
permit provides sufficient evidence of its ability to pay, which may include audited
financial statements. The construction bond shall be issued by a surety having a Triple A
Rating or equivalent acceptable to the city; shall be subject to the approval of the city
manager or the city manager's designee; and shall provide that: "For twelve (12) calendar
months after issuance of the bond, the bond shall not be canceled, or allowed to lapse
until sixty (60) calendar days after receipt of written notice by the city, by certified mail,
return receipt requested, from the issuer of the bond of the issuer's intent to cancel or to
not renew the bond."
(b) The rights reserved by the city with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the city
may have under this section, under other ordinances, at law, or at equity.
(c) The rights reserved by the city under this section are in addition to all other
rights of the city, whether reserved in this section, or authorized by law and no action,
proceeding, or exercise of a right with respect to the construction bond shall affect any
other rights of the city.
(d) This section will not apply to routine maintenance and repair of services for
existing customers associated with a utility service company's typical, day -to -day
operations.
(13) Security account. At or prior to the time a registrant receives the initial
permit to place or maintain facilities in public rights -of -way after the effective date of this
section, the registrant shall, at the sole discretion of the city, be required to file with the
city, for the city approval, an annual bond, cash deposit, or irrevocable letter of credit in
the sum of $50,000 having as a surety a company qualified to do business in the state, and
shall be referred to as the "security account." The requirement for a Security account may
be waived by the City Manager if the registrant provides sufficient evidence of its ability
to pay, which may include audited financial statements. The security account shall be
maintained from such time through the: (a) transfer, sale, assignment, or removal of all
facilities in the public rights -of -way; or (b) twelve (12) calendar months after the
ORDINANCE NO. 65 -11 -37 12
AGENDA ITEM # 7A
FEBRUARY 14, 2011
termination or cancellation of any registration. The security account shall be conditioned
upon the full and faithful performance by the registrant of all requirements, duties, and
obligations imposed upon registrant by the provisions of this section and other
ordinances, as amended. The security account shall be furnished annually or as frequently
as necessary to provide a continuing guarantee of the registrant's full and faithful
performance at all times. In the event a registrant fails to perform the duties and
obligations imposed upon the registrant by the provisions of this section, there shall be
recoverable, jointly and severally from the principal and surety of the security account,
any damages or loss suffered by the city as a result, including the full amount of any
compensation, indemnification, cost of removal, relocation, or abandonment of any
facilities of the registrant in public rights -of -way, including a reasonable allowance for
attorneys' fees, up to the full amount of the security account. The city shall not pay
registrants interest on any monies held by the city in a registrant's security account. This
section will not apply to routine maintenance and repair of services for existing customers
associated with a utility service company's typical, day -to -day operations.
(14) Enforcement remedies.
(a) A registrant's failure to'comply with provisions of this section shall constitute
a violation of this Ordinance and shall subject the registrant to the code enforcement
provisions and procedures as provided in F.S. Ch. 162, (2000) and F.S. § 166.0415,
(2000), as amended. In addition, violation of this section may be punishable as provided
in F.S. § 162.22, as amended and as provided in the city ordinances.
(b) Failure of the city to enforce any requirements of this section shall not
constitute a waiver of the city right to enforce the violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
(15) Abandonment.
(a) Upon anticipated abandonment or the abandonment of facilities owned by a
registrant in public rights -of -way, the registrant shall notify the city within thirty (30)
calendar days of the anticipated abandonment or the abandonment.
(b) The city may, at its sole discretion, direct the registrant by written notice to
remove all or any portion of such abandoned facility at the registrant's expense if the city
determines that the presence of the abandoned facility interferes with the public health,
safety, or welfare which shall include, but shall not be limited to, a determination that
such facility: (1) compromises safety at any time for any public rights -of -way user or
during construction or maintenance in public rights -of -way; (2) interferes with or
prevents the city or another person from locating facilities in the area of public rights -of-
way, including the potential to impact future construction or maintenance; or (3) creates a
maintenance condition which is disruptive to the intended use of the public rights -of -way.
ORDINANCE NO. 65 -11 -37 13
AGENDA ITEM # 7A
FEBRUARY 14, 2011
(c) In the event the city does not direct the removal of the abandoned facility, the
registrant by notice of abandonment to the city, shall be deemed to consent to the
alteration or removal of all or any portion of the facility by the city or by another person.
(d) If the registrant fails to remove all or any portion of an abandoned facility as
directed by the city within a time period as required by the city, the city, or its agents, may
perform such removal and charge the entire cost of the removal to the registrant.
(16) Force majeure. In the event a registrant's performance of or compliance with any
of the provisions of this section is prevented by a cause or event not within the registrant's
control, such inability to perform or comply shall be deemed excused and no penalties or
sanctions shall be imposed as a result provided, however, that such registrant has used all
available means to expeditiously cure or correct any such inability to perform or comply. For
purposes of this article, causes or events not within a registrant's control shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires, natural disasters, acts of
public enemies, riots, civil disturbances, sabotage, strikes, and restraints imposed by order of a
governmental agency or court. Causes or events within registrant's control and therefore, not
within this section shall include, without limitation, registrant's financial inability to perform or
comply, economic hardship, misfeasance, malfeasance, and nonfeasance by any of registrant's
directors, officers, employees, contractors, or agents.
(17) Reservation of rights and remedies.
(a) The city reserves the right to amend this section, from time to time, as it shall
find necessary.
(b) This section shall be applicable to all utility facilities placed in public rights -
of -way on or after the effective date of this section and shall apply to all existing facilities
in the public rights -of -way prior to the effective date of this section, to the full extent
permitted by federal and state laws.
(c) The adoption of this section is not intended to affect or amend any rights or
defenses of the city or a utility services company or provider under any existing
franchises, licenses, or other agreements with a utility services company or provider.
(d) Nothing in the section shall affect the remedies the city or the registrant have
available under applicable federal and state laws."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2011.
ORDINANCE NO. 65 -11 -37 14
AGENDA ITEM # 7A
FEBRUARY 14, 2011
PASSED by the City Commission on second and final reading this day of ,
2011.
ATTEST:
Donna L. Bartle, City Clerk Mike Borno, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ORDINANCE NO. 65 -11 -37 15
AGENDA ITEM # 7B
FEBRUARY 14, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE 20 -11 -108: AN ORDINANCE
AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND
ENDING SEPTEMBER 30, 2011.
DATE: February 7, 2011
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: This ordinance creates a budget for the recently pledged donation of
$50,000 from the Beaches Veterans Memorial Park Corporation for the
Veteran's Memorial Park improvements.
Phase 1B at Veterans Memorial Park includes construction of an elevated
concrete stage to be used for Veteran's recognition and memorial
functions and City recreational events, such as Movie in the Park. It
includes additional concrete sidewalk and sodding of the lawn area
between the stage and the existing basketball court and also sodding the
remaining area between the flagpole and the American Legion parking lot.
This ordinance also adds funding to the Mayport Road Redevelopment
project to fund the Coordinator position for an additional four months
from carried over grant funds.
BUDGET: $50,000 will be added to the Capital Project Fund
$32,382 will be added for salary and benefits to the ARRA Grant Fund
ATTACHMENTS: ORDINANCE NUMBER 20 -11 -108
RECOMMENDATION: Approve Ordinance Number 20 -11 -108
CITY MANAGER APPROVAL:
AGENDA ITEM # 7B
FEBRUARY 14, 2011
ORDINANCE NO. 20-11-108
AN ORDINANCE AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND
ENDING SEPTEMBER 30, 2011.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such
budgetary systems require adjustments from time -to -time, and
WHEREAS, the City was recently notified, that the Beaches Veterans Memorial Park
Corporation agreed to donate $50,000 to the Veteran's Memorial Park for the next phase of
construction. This ordinance will provide an appropriation for that donation, and
WHEREAS, the City has received approval to extend the American Recovery and
Reinvestment Act Grant for the Mayport Redevelopment project to continue funding the
Coordinator position to the end of April, and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2010/2011 Budget to be amended as follows:
CAPITAL PROJECT FUND — VETERAN'S PARK
Revenues:
Contributions — Beaches Veterans Memorial Park Corporation
Expenses:
Capital Outlay — Veterans Park Improvements
Fund Balance:
A.R.R.A. MAYPORT REDEVELOPMENT GRANT FUND
Revenues:
Grant Proceeds
Expenses:
Public Safety — Salary and Benefits
$50,000
$50,000
$32,382
$32,382
Fund Balance: 0
AGENDA ITEM # 7B
FEBRUARY 14, 2011
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of February, 2011.
Passed by the City Commission on second and final reading this day of February, 2011.
Mike Borno
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 8A
FEBRUARY 14, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Selva Marina Sewer Rehabilitation
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: February 1, 2011
BACKGROUND: The City's Sewer Master Plan Update recommended that the City use cured -in-
place pipe technology to upgrade the old, cracked clay sewer mains, and use lining to rehabilitate
deteriorated manholes.
For past sewer rehabilitation projects, the City has piggybacked on existing JEA contracts. These are
large dollar contracts that were competitively bid. JEA awarded a 3 -year, $9 million contract to
Insituform Technologies, Inc. There were two other bidders meeting qualifications, with Insituform as the
low bidder at approximately 26% below the other bidders. Insituform has completed several successful
projects for Atlantic Beach in the past.
For manhole rehabilitation, JEA has a 5 -year, $4 million contract with Concrete Conservation, Inc.
Using the JEA contract unit prices for Insituform, the cost for cured -in -place pipe rehabilitation for the
Selva Marina project is approximately $271,071.
Using the JEA contract unit prices for Concrete Conservation, manhole rehabilitation is $149.25 per
vertical foot. For the 35 manholes, the cost for manhole rehabilitation for the project is approximately
$22,537.
During the rehabilitation process, point repairs are sometimes needed prior to the cured -in -place pipe
process. Therefore, approximately $6,300 is reserved for point repairs that would be completed with the
City's Utility Contractor, Gruhn May, Inc.
BUDGET: A total of $300,000 is budgeted for sewer rehabilitation in the Sewer Fund under account
number 410 - 5506 -535 -6300.
RECOMMENDATION: Authorize Insituform Technologies, Inc. to install cured -in -place pipe (CIPP)
for the Selva. Marina Sewer Rehabilitation Project in the amount of $271,071, using specifications and
pricing in JEA Contract No. 82768. Authorize Concrete Conservation, Inc. to provide manhole
rehabilitation for the Salt Air Sewer Rehabilitation Project in the amount of $22,537 using specifications
and pricing in JEA Contract No. 88990. Authorize the City Manager to sign the contracts with Insituform
Technologies, Inc. and Concrete Conservation, Inc.
ATTACHMENTS: 1. Cost Estimate for project using Insituform and CCI JEA contract
pricing and allowance for point repairs.
REVIEWED BY CITY MANAGER:
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AGENDA ITEM # 8B
FEBRUARY 14, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Request Authority to Apply for Florida Department of
Transportation (FDOT) Grant Funding
Purpose: Bicycle/Pedestrian Safety
DATE: February 03, 2011
SUBMITTED BY: David E. Thompson C. City Manager
BACKGROUND: The Florida Department of Transportation will be accepting Concept
Papers discussing proposed Traffic Safety Programs during the month of March, 2011.
The Concept Papers propose projects for potential grant funding opportunities intended to
provide seed money to start new programs that should become self sufficient and
continue after the grant funding terminates. Specifically, the FDOT has identified
priority areas for such funding requests.
After discussing the traffic safety needs of the community with the Chief of Police,
bicycle and pedestrian safety were identified as key areas of concern. This corresponds
with the FDOT priority area "Pedestrian and Bicycle Safety." As a result, staff would
like to submit a Concept Paper for a project to be considered for FDOT grant funding for
a bicycle safety program.
The proposal will include several areas for funding including but not limited to:
a. Personnel: Funding salary and benefits for one (1) full time police officer for one (1)
year to administer the program;
b. Equipment: Providing markings, lighting, and other mechanisms to increase visibility
and safety in high risk areas including busy pedestrian crossings;
c. Education: Providing posters, handouts, lectures, bicycle rodeos, and street level
information to encourage safe and lawful operation of bicycles by children and adults
operating bicycles; and to educate the drivers of motor vehicles relative to their
obligations relative to bicyclists and pedestrians.
d. Enforcement: Once education has been provided, then it will be necessary to enforce
the applicable laws relative to bicycle and pedestrian safety. This will include street level
enforcement on bicycles as well as in vehicles.
e. Traffic Engineering: As a part of the evaluation process to determine where and what
improvements are needed, a traffic engineer will be utilized to provide the assessment
and guidance. The City of Jacksonville has a traffic engineer on staff that will assist on
this project.
AGENDA ITEM # 8B
FEBRUARY 14, 2011
Once the program has been initiated and implemented, then maintaining the enhanced
safety and compliance with applicable laws should require fewer resources than the start-
up program requires.
BUDGET: The City will be requesting approximately $97,016. FDOT does not require
matching funding for the one -year commitment.
Although the application is for a single year, the City may choose to seek funding next
year to continue the program. In such a case, the City would be required to submit an
application next year for consideration. If the current year program is funded, and the
City applies to extend the grant for additional years, then the city will have a 25% match
the second year and a 50% match the third year for the personnel costs.
RECOMMENDATIONS: To authorize staff to submit a Concept Paper and a
subsequent application to FDOT for one year of grant funding, and to authorize the
Mayor to sign initial and subsequent documents for this grant.
ATTACHMENTS: None
REVIEWED BY CITY MANAGE
AGE A ITEM NUMBER:
AGENDA ITEM 4 9A
FEBRUARY 14, 2011
February 7, 2011
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: Jim Ha nson
City Manager
SUBJECT: City Manager's Report
Police Deployment for Alcohol Sales to Minors The Police Department conducted its most recent
alcohol deployment to determine if area businesses would sell alcohol to minors on Wednesday evening,
January 26' Twenty -two attempts were made to purchase alcohol by a minor and two of the businesses
(9 %) sold. These included the `Burrito Cantina" at 22 Seminole Road and "Mayport Food Store" at 1850
Mayport Road. No arrests have been made in the past for sale of alcohol to minors at either of these two
businesses.
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