Loading...
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 - W , w I - - 94 mpiiiiiiiiim *., *Gomm 4 0 guov Tt X ^ IF Z.M A ' L '7K TEO I .4p ta t -: �E = I W I Z MMU".2 t C A ' L 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 HlIC,1V lJA i i a. tea rt FEBRUARY 14, 2011 U) Z❑ N t8 w w N vwww N � ti tD M d W - a - a tM x O O LL w CLi ~ J O O W CL IL Q - In N Q Z Q ca v v Z O O J J O O H W m m H a r O ~ ❑ � N wZ_d'?Z U ) 0 - 1 ?u1W Lo T.- Z 7JJ c) Iq 0 on I..r �W O mwa22 CL U) qr- ® O o O o 0 0 O o w O o O o O o 0 0 O o O o 0 I" o o } O o 0 0 W r o 0 Q o m 0 c O 0 t> N� Q Z N co � to N <D M M to N to ff! Z O � � N �N LL I.fi Z N Z O � y - V a U (n H 40) 6.1 e11, e11, e11� 4 O ® � 0 0 0 0 0 0 0 0 O O O - - - J = ® O GOON O O O O N Z o Z N O OCA1A0 0004ti I O W U) O Z N Z ®— L 0 O O R o O 00000000 u>u>oulu>ou>o 000 000 00 00 - 0 O - 0 u> 5 q W LL {- (J) O .4 M � M W W LOt 00 e1 O - -Q<DN d' 0110 W O ( - T" h O O am T" 0) � OCl) M � O T" N M O � O T" N M Iq O it Ii 3 Q ® O q N N I Cl) � N ti e N a t� d9 ER !fi Ef* WF V � r n 0 Ids UU LL U CO) V� CO) a ® ♦^ O - - H � � ts�40 ����� ��ts � � 6e+ � Z a. 0 rZ ® ® N M O V O MI N J r ❑ T 0 H w g CL LL W� O v 0 0 Q ;9 N � N N O N S O N M M Q W V) Q N o O d o O m r Q O N OA N OI ti Z M T Z Z In Q QZ OO O O LL O F In U O Z ❑ j Q Q> LL a W 0 - '- _JX J z JJ Q J� JJ O O W Z — w > co ~ 2 Q Qa ]U gWQQQQ QJF UUU 2 QUU(7 - Oz ❑OHwzLL - Z �Q} (n LL W LL LL Z��LY (A V ❑wW ZZZ U r F W F- In QLL O r L WX❑W J w W J❑ ❑222.N W W F Q Q m_ Z�S— O ®0 J d 2p < H _ d J W V > = N 0: ( D z a. a2gx (7 Z �(n oz z- O Lu 7 W 0 F W W O O O W W W W J O® W W W 0 W(D W S O a 05a 60 U)IZW vawm�aa�❑aa0CL LL ❑an. 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 b 'v, •,. C G ,eJ � � � as ^ cd 6� i-. U � ••r 'b as O. bA b N � cd � O � 'Lf R• O }' i7 U O � •� >~ � � 0 0 � � � N O p � ed O M Ln c O� NbA bb G O W O o O 3 -d ov3� � .. O G4 y U G— O 'd � bA M � 0. .�. 0 G O " "o N N - .�. pp n O N Z W N p ' S OO p � U cn O a � 8 U�3 r. to " Cl W Z v1 U U O v i7 U U U O O O O ( z lz H p ^ o ? W a as b 3 3 a p Cn ps bb bb � ° 3 on x G �, 5 :4 w U E_ '" �5 •y U �+ �+ a1 �� cn `s U y U 3 U o� �Z 75 U Z 17 °'d -�8 O O I^ I^ W II ^ II U W II II °� i II o? I II °'d I II II a1UU a U a1UU a1U U AUU AU U AUU P4 E� Z o y •� II � � W O y O ,� II o II 11 ,o st o •ti p II a O U U Z bq O O p� II Ci U . �, O by o .� G +� � O cd o N y o w F 5 o .§4 � II as " u Q II II 0 Q � `ti o � � � II � � o II \ II \ II .,o'° U 0. ° ° ° ° ° ° ° '° st z U A P-4 Q U 3 '" Q Q y a it g w �� � � a� � o � a o o a •� •� o � •� o w � � � •� o Z � � .� o r � II AGENDA ITEM # 4A FEBRUARY 14, 2011 W d' N C7 z }" w w � c a a � H II r+ b •A d O w d a U H U z 0 v DF v U w U O� W Ca u u suu A4 E-� z 0 U � II � U p G � \ ~ o II C7 U w � ,,, o •� , ,� w sa u o � Q U v1 A V 00 A 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 C lE d C d r 3 L +; v m o V � N C d N Q � 7 w 0 O G L 0 B U ,o L U w v c 0 U m c c Q 0 CD M co 4 0 r AGENDA ITEM # 4B FEBRUARY 14, 2011 v m 3 Q c ° ° c o Ln Q o , U IC V p f•' N W to N W E � L d x x x x x x x x x x x E E ° N C :r � W V i y v 0 O d o tf! lE Co C Q p V (LD (WD M C4 C4 C4 7 O � d x x x x x x x x x x x Z i E E ° N y O C W C m v o O w (D O C O O O ° O O O CD O ti A U t N N U d Ll x x x x x x x x x x x a E E N > ,° 'C W Q CD ° O Co d N o .. °c le to w m C y � t! V W C J O c _ d a c E c +. y > c q 0 ,o e L E y Q v E •�•E c+' a v E °�' CL r o c Q y V ' w V M E y N ~ N p E v d E d y 'd O U > 't p c c LL .. Gl L 32 L C I- !7A LL > o E y °c' W c m e c E >> LL ° U. 5° '- 'o m m e Q o o p 7 O y c ,C O 'O L L U) al ® a w CO J 0 w o O Q 0 U I AGENDA ITEM # 4B FEBRUARY 14, 2011 v m 3 Q AGENDA ITEM # 4B FEBRUARY 14, 2011 w a+ C f0 °a c a� E 0 a� H a� 3 0) a+ w f0 3 'O C f0 w � 0) C Q � 'O w O t U u r0 C O U ro 3 C C Q 00 O rl r1 O r1 '® 0n r1 r1 N N m 7 w U . O o O o C C CD O to ui ¢ o �°, N r w 0 N u 0 G9 r N G9 E lfl ++ N N C I �+ 7 W CY U ` O O O a o O an vw vw m c CD ° ° o ° CD c o O ¢ 0 00 m � V M CF +t+ 0 G9 r 19 'O . C O m E Ip O N N C 00 Y w CY aci m Ol V ` O O O d O O � O tC C vw G9 m O O C C CD CD CD ¢ O O �.I U N tOp C O vw r N t9 � F O -p U a w m C O Lo E an N C W CY m y N 0 O O O Q d N O 4 O It O C 109 'd :O 7 7 _Q 0 _ J J Ca C 0 C a y C O ® . ` F r ` O C N C V C V V C V ® U 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: I 't - i - �;7- i � il.Jl: f R IT 0 �pI !i �� 4 �R 1 �r g. a � }��� -fn• :. - � � r p 's' , I 1 14.L i ii , i.L�y'__!Yx�_i i _ , St J r i �. •- ti:....w...wr`..: >: 7...�..: V "tfk 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. Ir -1 -.4. 0 Fy ► 1 ti I ��.r � _� � a I A � � 1 A jt PAR IL- lat W)4 A6LL4L�,*A,%A j I I I mT 1F I K v 71 "Fr — I mp Al 7 m 0 � .4,116L 14, gg 1 9 A fl' M MF