7-11-11 Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
July 11, 2011- 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of June 27, 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 Building Department Monthly Activity Report and the
Utility Sales Report for June 2011 and the List of New Business Tax Receipts issued in
June 2011.
5. Committee Reports
None.
6. Action on Resolutions
None.
7. Action on Ordinances
Ordinance No. 95 -11 -103, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 13, OFFENSES, BY ADDING A NEW SECTION 13 -14, PROHIBITING
SELF - SERVICE DISPLAY AND PLACEMENT OF TOBACCO PRODUCTS;
PROVIDING FOR A TITLE; PROVIDING FOR INTENT; PROVIDING FOR
DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION
8. Miscellaneous Business
A. UBE- 2011 -01, request from Riddick Lynch, d /b /a Poe's Tavern for a use -by- exception to
allow for the sale and on- premise consumption of alcoholic beverages in association with
a full- service restaurant within the Commercial Business District at 363 Atlantic
Boulevard (formerly Sticky Fingers). (City Manager)
1
B. Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant Bid No. 1011-
07. (City Manager)
C. Actuary reports for Police and General employee retirement systems. (City Manager)
D. Rehabilitation of Well No. 1 at Water Plant No. 1. (City Manager)
E. Authorizing execution of agreement for legal services related to labor issues.
(City Manager)
F. TMDL Wastewater Compliance Project — Wastwater Treatment Plant #1 Sludge and
Odor Control Improvements — Bid No. 1011 -16 (City Manager)
G. Justice Assistance Grant (City Manager)
9. City Manager
A. City Manager's Report.
B. Advanced Lifeguard Certification from U.S. Lifesaving Association
10. Reports and /or requests from City Commissioners and City Attorney
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, July 8, 2011.
2
MINUTES
REGULAR CITY COMMISSION MEETING
June 27, 2011
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tern John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Mayor Borno 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 June 13, 2011.
Motion: Approve the minutes of the Regular Commission Meeting of June 13,
2011, as written.
Moved by Daugherty, Seconded by Parsons.
Commissioner Woods expressed her disappointment in the change made in the minutes
at the last meeting removing the comments made by Lyman Fletcher. She stated it
seems to her that they have a policy that the only person who can interpret citizen
comments is Nancy Bailey, which is definitely a duty of the Clerk's office. She stated
she is not sure putting all that authority on one person's shoulders really benefits the
citizens when their comments are not accurately reflected. She agreed Lyman Fletcher
spoke in disagreement but the reasons he spoke in disagreement were not put into the
minutes and she believed they were valid. She further stated he used the phrase
"arbitrary and capricious" four times which made her think that was the main reason
for his disagreeing with what was going on, but none of that comes forward in the
statements that were put in the minutes. She stated she would like to follow this up
with a discussion as to how the citizens' comments are going to be reflected in the
minutes because she does not believe it is a fair representation and it has been this way
for a while. She stated some citizens' comments are written almost verbatim and
others are hardly given notice. She stated it doesn't seem to matter how long they
speak, it is the content of what they say that seems to matter more, which she believes
is a bad policy for the City. She wants the Commission to take that matter up and
come up with a better policy than what they have been using so far. Mayor Borno
stated her comments are duly noted and she is welcome to her opinion.
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.
June 27. 2011 REGULAR COMMISSION MEE Pase 2
Chris Huffman, 824 S. 6 th Street, Fernandina Beach, addressed the Commission
regarding the employee insurance. He stated the average pay in Public Works is
$14 /hour. He stated there will be no money to pay for insurance if the Commission
adjusts it as in the proposals he has seen. He stated most employees in Parks have
families and frequently have to borrow money from each other just to get to the next
payday. He stated the only thing they have is the benefits package of decent, not great,
health insurance and raising the cost of the insurance, especially the family coverage,
will completely wipe out the meager budgets of employees who are barely getting by.
He stated the average worker will not be able to afford to work here. He stated if the
City loses career employees because they cannot afford to stay here and provide
insurance for their families, the work force will be replaced by lower quality employees
who are not personally invested in the City. He stated it will simply become a low paid
job with little or no benefits and no pride and little effort will be put in their work and
the City quality will decline steadily. He suggested there are other ways to tighten the
spending and he has plenty of ideas if they want to talk to him, but raising the
insurance cost to employees is not a good idea.
Bill Ray, 2841 Calumet Circle, Jacksonville Beach, addressed the Commission
regarding the insurance stating if the insurance cost to the employee goes up he will no
longer be able to afford to continue employment here.
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 None.
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,
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 Recreation Programs Special Events Report and the
Financial Report for May 2011 and the Public Works and Utility Report as of
June 15, 2011.
B. Extend the Annual Contract with Nautical Escapes for Portable Kayak
Concession at Dutton Island for one year.
C. Award the annual contract for Data Cabling, Troubleshooting, Repairs and
Installation to Truevance Management, Inc. at the rates listed in Bid No. 1011-
12.
D. Award a contract to TankRehab.com, LLC in the amount of $33,900 for
Interior Repair and Painting of Ground Storage (Standpipe) Tank at Water
Plant No. 4 (Bid No. 1011 -13), and authorize the City Manager to sign the
June 27 2011 REGULAR COMMISSION MEETING Page 3
contract. Authorize staff to encumber $3,390 under a separate purchase order
for use as a contingency for the project.
Mayor Borno read the Consent Agenda. Commissioner Fletcher pulled Item D.
Motion: Approve Consent Agenda Items A, B, C, as read.
Moved by Fletcher, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Fletcher asked if TankRehab.com has a physical address. Utility
Director Donna Kaluzniak stated they do. Commissioner Fletcher also asked if we
require a performance bond for a job this size. Ms. Kaluzniak stated we did require
one.
Motion: Approve Consent Agenda Item D, as read.
Moved by Fletcher, 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.
None.
Action on Ordinances 7.
None.
Action on Resolutions
Action on Ordinances
Miscellaneous 8. Miscellaneous Business
Business
A. Health Insurance Renewal.
Human Resources Manager George Foster summarized his staff report pointing out
that the table in his report is a summary of each 13 -page health plan. He stated over
the last four years the City has had double digit health insurance increases and has
reduced the benefits provided to the employees and increased their premiums, copays
and out -of- pockets. He stated the average per year increase over the last four years has
been over 22.5% but by the City reducing the benefits that our employees receive we
kept that to approximately 4.5 %. He explained there are two costs to the employee, the
premium and the deductibles and /or copays. He stated the plan that was proposed was
based on the guidance he received to try to keep the City's cost to about a 0% increase.
He stated that plan will result in higher deductibles to the employees with the
June 27, 2011 REGULAR COMMISSION MEETING Page 4
individual deductible going from $2,000 to $5,000 and will also result in the family
deductible going from $4,000 to $15,000. He further stated the higher out -of- pockets
with the proposed plan would be going from an individual of $5,000 to $10,000 and for
family from $10,000 to $20,000. He stated the premium increase to employees is over
$150,000 which would average out to about $1,400 /employee /year.
Mr. Hanson stated he has some serious concerns about the proposal on the table. He
stated it does meet the strategic planning goals set out in a discussion last February.
He pointed out that they did not have the numbers on how much this was going to cost
at that time and we now have a 30% increase in group health insurance cost, which is
approximately $1 million. He stated the insurance company is losing money on us this
year. He stated for every dollar that was paid in for premiums there was approximately
$1.30 -$1.50 paid out in claims in the last year. He stated the proposal on the table to
meet the goals that were set, both decreases the coverage (and many of our employees
would not be able to pay the maximum deductibles) and passes along the higher cost
for that lower level of coverage to our employees. He stated, as an example, the
employee's share of the cost for family coverage already costs $463 /month and under
the proposal, this would go to $631 /month for an increase of $167 /month, which is
approximately $1/hour. He pointed out that for someone making between $11-
$14/hour, taking a dollar an hour away to pay for increased family coverage is pretty
serious. He stated Mr. Foster also asked in his staff report that the Commission
approve allowing the City to offer a supplemental coverage policy for employees that
would be at their expense. He stated he believes if the employee can't afford the
increased cost of family coverage, they can't pay for the cost of the supplemental
policy either. He also pointed out that this is the 5 th year that coverage has been
lowered and the increased cost was passed on to the employees also. He stated
although the City has to make ends meet, in this particular case, he believes this may
be too much and believes we need a considerable amount more discussion. He stated
this is a very complicated subject and there is a range of options. He stated he realizes
it is unfair to ask the Commission to make a commitment to put any more money
toward this when they haven't even seen the budget but as Mr. Foster pointed out they
have to have open enrollment so they can have a policy ready to start October 1. He
stated the staff report recommendation may not be the right thing in this particular
case.
Commissioner Parsons agreed that during the strategic planning the Commission did
not want to raise any part of the City budget and believes that is fiscally smart but, at
the same time, there comes a point where sometimes it just doesn't make sense. He
stated that's what those strategic plans are, strategies. He stated that was a strategy
they tried to meet and they are at a very big disadvantage not knowing what the budget
is going to do. He stated although it is not the City's fault that the economy has been
so bad, at the same time, he believes they need to find the money and not raise the
premiums for the employees. He stated this budget will be a lot of work for this
Commission, probably the hardest one they have ever done or that the City has ever
faced, but they need to find a way to come up with the money.
Commissioner Daugherty stated he agrees with Mr. Hanson that this needs to be
discussed further and they need to look at more options. He believes it would be wise
to defer until the budget workshops.
June 27, 2011 REGULAR COMMISSION MEETING Page 5
Commissioner Fletcher stated he believes this issue needs more study and suggested
deferring a decision and scheduling a workshop very soon.
Mayor Borno asked Mr. Foster what date they need to make a decision by. Mr. Foster
stated they would need a decision no later than the middle of August. He also clarified
that Column B has a significant increase to the employees and to not give the
employees an increase would require both the City's increase and the employee's
increase to be picked up by the City, which would be approximately $275,000 for the
City to fund that amount. He stated that would keep the employee premiums and
benefits at the current level.
Commissioner Daugherty asked Mr. Foster if there is an option for employees to opt
out and receive a cash benefit. Mr. Foster stated the City does not have that option.
Commissioner Daugherty asked if we could go in with other cities. Mr. Foster stated
that type of action would probably take two or three years to implement and he
believes most cities would not want to do that because we don't know what is going to
happen to health insurance in 2014. Mr. Foster further explained the cafeteria plan.
Commissioner Fletcher asked if the renewal date could be pushed back so it doesn't
fall during this budgeting time. Mr. Foster stated he could contact our insurance plan
and ask for a January 1 renewal, however, they build into the renewal rates a medical
cost of inflation, so if we delayed, the 28% increase may go to a 31 -32% increase.
Discussion ensued.
Commissioner Woods asked how many employees the City is covering with our health
insurance. Mr. Foster stated we currently have 66 in the employee -only coverage, 11
with parent and child, 12 with 2 party, and 14 with family for a total of 103.
Commissioner Woods stated she appreciated the two employees speaking to the
Commission tonight and definitely feels their pain and wondered if they could have
more employee and citizen input at the workshop so they have time to speak before
they start and maybe even time to speak again after the Commission has their
discussion, so all sides are considered.
Discussion ensued regarding the workshop. It was the consensus of the Commission to
schedule the workshop on July 12, details to be determined.
Commissioner Parsons stated he did not agree with Commissioner Woods' suggestion
related to allowing people to speak at the workshop. He stated they don't do that
because you won't get a whole lot accomplished in a timely manner. He suggested she
speak to Mr. Foster and others to see what they think before the workshop.
Mayor Borno stated he also appreciated hearing from the employees tonight. He
agreed contacting Mr. Foster would be a smart move for all of the Commissioners but
agreed with Commissioner Parsons that if they go out of the format of a regular
workshop it becomes a sharing of opinions and you don't necessarily come to
consensus.
Motion: Defer action indefinitely.
Moved by Fletcher, Seconded by Daugherty.
June 27 2011 REGULAR COMMISSION MEETING Page 6
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B Approval of new mutual aid agreement with Duval County School System.
Chief Mike Classey explained the purpose of the agreement, stating this is a new
agreement with Duval County School Police.
Motion: Approve Mutual Aid Agreement and authorize the City Manager and
Chief of Police to sign it.
Moved by Woods, Seconded by Fletcher.
Commissioner Fletcher pointed out that we also have a Mutual Aid Agreement with
UNF Police.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported on the Jacksonville landscape maintenance issue, stating
Jacksonville sent notifications that they are reducing their cost for right -of -way
maintenance after September 2012 and will no longer pay for anything more than
cutting the grass. He stated they are giving others the option to maintain them at their
cost. He stated Councilman Crescimbeni has a bill entered for consideration by the
Jacksonville Council to require public works to continue to maintain these things
through 2012. He further stated while our medians in our City will still be maintained,
it would certainly take away from the strategic issue of enhancing the corridor that this
Commission has supported for a lot of years so he would hope that Jacksonville would
not take any of that landscaping out.
Mr. Hanson also reported on a meeting with Deputy Secretary Michael Walker and
John Powell of Department of Business and Professional Regulation (DBPR) regarding
assistance with enforcement and support related to revocation of licenses for businesses
who allow alcohol sales to minors.
Mr. Hanson announced that Sonya Doerr, the Planning and Zoning Director, had
resigned due to health reasons, effective last week. He stated Building Official Mike
Griffin has taken over her responsibilities temporarily.
Reported the budget workshop dates have been set for August 9, 24, 31 and, if needed,
September 6 at 5:00 in the Chamber.
June 27, 2011 REGULAR COMMISSION MEETING Page 7
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners A. Appointments to the Cultural Arts and Recreation Advisory Committee.
City Attorney
Commissioner Fletcher reported the Board Member Review Committee met to
consider the reappointment of three members and filling one vacant position on the
Cultural Arts and Recreation Advisory Committee. He stated it was the Board
Member Review Committee's recommendation to appoint Wanda Martin to fill the
vacancy and to reappoint Lori Gaglione, Carolyn McCarthy and Jeff Wight to another
term.
Motion: Appoint Wanda Martin to serve as a new member of the Cultural Arts
and Recreation Advisory Committee beginning July 9, 2011.
Moved by Borno, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Motion: Reappoint Lori Gaglione to serve an additional term on the Cultural
Arts and Recreation Advisory Committee beginning July 9, 2011.
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Motion: Reappoint Carolyn McCarthy and Jeff Wight to serve an additional
term on the Cultural Arts and Recreation Advisory Committee beginning July 9,
2011.
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Commissioner Daugherty
• Responded to Mr. Hanson's report regarding the City of Jacksonville not
maintaining the medians, he suggested an Adopt a Median program where local
landscapers could adopt a median and showcase their work.
• Proposed adopting an Ordinance such as the ordinance from Martin County, a
copy of which was distributed to the Commission, that prohibits retailers and
convenience stores from displaying tobacco products in front of the counter
where they can easily be taken by children. He stated this ordinance will
require those products to be placed behind the counter. Commissioner Fletcher
asked if we would be allowed to pass an ordinance that was stricter in
regulating items like that than what the State law is. Mr. Jensen stated other
June 27, 2011 REGULAR COMMISSION MEETING Page 8
counties have passed these ordinances. He stated he will do further research on
this.
Commissioner Parsons
• Wanted to include crack pipes and related drug paraphernalia in the ordinance.
• Cautioned everyone to walk facing traffic, relating a recent personal experience
he had while walking.
Commissioner Woods
• Regarding Commissioner Parsons' comments about citizens comments at
workshops, she stated that just because we have never had citizen comments at
workshops, it doesn't mean it is not a viable alternative and that it couldn't
serve to be useful. She stated we have some important issues coming up in this
City and it is a good thing to seek input in public forums.
• Stated she believes the recent signage installed on Mayport Road for
pedestrians is helping and appreciates the efforts staff has made to make that
happen. Stated she is concerned about other areas where people are parking
and walking to the beach and suggested marking the intersections more, such as
with a different paving.
Mayor Borno
• Agreed with Commissioner Woods regarding pedestrians, stating he believes
education is a major key.
• Stated workshops can be adjusted, as necessary.
• Reported on the meetings the Commission had individually with Mr.
Harrington regarding the addiction of flavored tobacco and other nicotine items.
He explained this was where the ordinance Commissioner Daugherty proposed
came from.
Commissioner Fletcher
Stated he wanted to give his vote of confidence to Nancy Bailey.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:02
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
AGENDA ITEM # 4A
JULY 11, 2011
r
p
r
O
Z®
U)
r
w
�0)
Q
CO
04
M
O
N
O r
W
r
H
U
�
w
a
w
IL
J
O
J
O
J
Q
Z
r
H
N
V C9 UZZ
O
N
W ZQ:mQ 0.
Z ?
W
W
CO)
�
mwa2
a
OOOOO
0
0
o
0
0
o
0
w
o O
o
0
O,
o
O
o O
o
O
O
c
®
(Z
O®
C)
64
h
C
to
M
r
n
p
r
M
00
O
O
N
W
ON
�
®
Q
'
p
ti
M
00
O
®
M
O
O
N
N
M
W
ZO
00
N
ti
<O
0/
N
r
1
r
r
r
®
O r
N 69
1p
6
r
0>
6l�
Z
_
04
p
U
_
W
Z
LL
t r
®
N
=
V
v
q
LL
�
6R
E9
b9
69
EA
_
69
40
6R
0
0
0
0
O
W
=
®
0
Q
Z
O
N
o
O
0
O
6A
O
O
O
M
Cl)
00
M
®
O
Z
O
O d
an
O
6
N
0)
r h:
0
CO
C6
0>
LA
n
M
h
bfl
ep
W
r
�A
V_/
0
v-
N 00
C
h
N
M
V)
N
h
W
�_
00
O
0
0
Q
0
Q
0
Q
0
O
0
Q
0
W
0
Q
O
0
O
0
O
O
O
O
O
O
O
to
O
O
O
O
}
O
to
W
N
O
M
O
O
to
CV
O
01
Q
LL
y
CV
N
M
ON
Qi
-1
r
tf)MOhO
Ln
N
CV
N
1h
-1
tnhM0010
M
a
O
N
CDMN060NWM
r07
M
Mr
10
. •
O
6
6
6R
6R
E9
69
W
�
PP11
V
V
CO
w
W
()
W
O
a
CL
H
6f?
6R
6R
69'
EA
6o
6%
6R
6R
69
6a
03�
6H
6R
6R
6R
6R
Lu
-
CO) o
®
N
Nrtl�
co
�prQ
W
a
_
a
to
r
Cl)
M
Cl)
-1
h
N
r
N
NI
LL
W
N
w
O O
a
W N
Cl)
Z
Q
C
N<O�IN
r
�
Z
Q
�
J
O
CO)
Z
O
U
O
r
CO
~
LL
O
p
U
oW
CO)
=pW
pJ
Q
j
I
CL
J_
p
J
-J
-J
CO)
C9
0
ZW?
®Z
co
>-
Q
Q
Q
]U
a
QJ�UQV�QUVt9
W
Q
a
J
Q
J
Q
Q
O
pO 1
z
W O
w
L L
}�
H
u-
W
w
p
W
u-az�c�Ic
w
p
w
w
W
W
CO)
EEz
Q
Q
m?
J
Lu
a
d
J
CO)
Q
O
CO)
J
OCL 22 M
w
JO�W
J
O�6222wwUU=Oz2EwuZZZ
®
W�-
~ ==�IL
®O��pQyUW
>x
�JJ
LiJ
Z
p
w
O
h
z
w
w
o
0
o
w
J
w
w
J
O
®w
w
w
U
w�
w��
O
W
CL
NpwUo
�nza UUUaw�2 aaSpWILoI L6
LL
pa a�
AGENDA ITEM # 4A
JULY 11, 2011
H 1 I
1 1
I 1
1 1
1 I
w 1 1
O 1 I
1
I I
1 1
1 1
1 1
I
1 i
1 i
I 1
1 I
1
I I
I 1
I 1
I 1
1 I
1 I
I I
1 I
O
U1
In
U)
m
co
O
m
co
O
I I
H
U)
dl
O
c0
O
m
rl
m
H
O
U)
H
co
N
N
t`
t`
co
CO
[—
O
I w I
dl
N
N
H
N
N
r-
w
t`
U1
i z 1
1 O i
I `2" 1
i
N
dl
1
111
0
1
rl
r-
1
lO
1
O
r-
1
O
r-
1
N
O
1
c0
H
�O
H
I
H
ID
1
dl
I W 1
N
ID
rl
N
N
111
h
i
ID
I
c0
I
w
1
1 1
H U) I
I
dl
I
O
1
O
1
dl
1
dl
I
dl
I
dl
dl
dl
dl
H , ] i
cn o
F o
0
q O
O
O
cn 0
cn O
F O
cn O
O
\ 1 P1 I
H 0)
U) co
co
W m
m
m
H m
H m
U) m
H m
m
O I I
a
H
H
a
a
H
a
r1 1 I
a
a
\
F
1
F
F
F
CO I
W O W I I
x
F
x
F
� F U) I i
z
U
F
F
F
z 1 I
W
W
H a 1 I
x
U)
H
x
x
x
F
x
O
Q
U)
11 1
U) 11 I 1
x
cn
F
O
3
cn
U)
O
U]
w 0 a 1 1
\a I - 1
H
a
R:
w
H
a
H
a
H
a
o
F
H 1D a' i 1
U) I 1
PQ
U)
W
x
F
PQ
PQ
UI
o
• I 1
F
a
O
Z
w
U)
•• U) I I
U)
W
(f,
U)
W
W
U)
W
O
Q
N W FC 1 z i
1
Pi w a 0
w
U)
Q
W
p
z
F
m
W
w
m
w
3 U I H 1
U
ice-
UI
U)
U
U
�D
U
�i
F F I F
P w 1 1:4
H
>
O
w
\
F
H
C7
C7
H
H
O
W
H
O
11
O P1 I U 1
P;
'7.
3
'7.
O
O
fY,
w
fY,
w
'7.
fY,
w
F
9
PI U) I H 1
w H F l w
w
U)
FC
a
w
z
FC
F
a
o
a
o
m
m
FC
a
m
F
a o w m i
W
w
w
W
H
'�1 N x 1 I
U)
U
U
O
U)
x
x
U
U
U
U
H
F F 1 1
cn
U]
F
z
U)
U)
U]
U)
U)
U)
a
H •• (x l a I
P: FC I U I
H
E
H
E
FC
O
U
O
U
O
U
H
H
H
H
O
U)
H F� PV I 1
F w W 1
P4
w
w
w
w
w
w
w
w
w
w
w
x a 1 >I 1
z
z
z
z
z
z
z
z
z
z
z
W O a 1 F
mw�C
z 1 I
H
H
H
ri
H
H
H
H
H
H
H
W m 1 Q
H
H
H
x
H
H
H
H
H
U W F 1 W I
\
\
\
\
\
\
\
\
\
\
\
H U) PI f ] I
CO
O
m
(D
O
O
O
0
O
O
0
a z W 1 U)
N
N
N
N
N
N
(N
N
N
N
\
rl
\
W q I m I
\
\
\
\
\
\
w
\
w
\
w
\
�'o
w
U I H I
w
ID
w
�'o
H 1 1
z
$ I 1
w
U
z
U
H
'
z 1 I
H
�
'
U
H
z
I
m
a
w
z
u
1 I
r1
U M
U r'1
w
r'1 f'1
M
M
.Yi M
F r'1
z a c'1
z rl
1
1 I
r�1
'7a M
'7a r1
H
r'1 C'1
r'1
U) rl
R; M
� r)
H rl
I i
N
H N
H N
ED
N W N
w N
P: N
a' N
a N
F U) N
N
1
1 I
N
N
N
W
N F (N
F N
W N
N
O N
P: N
N
1
1 i
rl
FC R; "I
` "I
F
m 74 rn
74 rl
F In
rl
U) q m
U) rl
t
I 1
U) q
U)
a
r.0
o
a a a
o
a a
F P;
H Q a
x
F a
>
Pi a s
H a
o a
I I
1 U) I
a
O w
ice- a
x W
w
a W
P;
F
W
w
w W
H Q G.
w m w
W W
w
U)
I U) 1
N I W I
z
HQx
w a
z1:4
1:4
U) x
m
x Cl) Pi
U)Q'i
F m
ice- Z
w Ps
W x
F
S ax
m
1 " 1 x
PQ x
w
U)
1 W P; I
FP;U
03U
:4
U
m
a
U W Q
Q 9
WQU
Q 9
OaU
1:4 9
H WU
P; a 9
39 U
u 9
gD U
o 3 9
H U
9
z
w
Q 1
z g
W
F
U) < W
1:4
q F W
X
1:4
W W x W
W x W
F P+ W
C7 O W
U) H w
a W
w
PQ
W PQ
P1 Cf) P1
W F
IQ U U) PQ
U U) m
U) PQ
',7 P1
P; PQ
w
H U
a
• U 1 I
o
P4 1-1
Qu
m
PP,H
u W Wu
PiH
W W.0
9
O�Cu
QH
r ry � x
w�a
z49u
��
wu
Q u
m 1 mm I
K,u
'J
0
H
wxu
> F H
x
W x
H a "
a H
U '�+ H
ry w H
3 z "
a H
W H
H N I U) U) I
��GG H
F
3F
HmF
EFF
,x
HF
,X
HF
OF
U) El
O F
W zF
QQF
W x100000(D 0,1
F
O m
rf, rf,
a' rf,
U)
F Pi
Un
z
W QO
z z
W C�
ice-
0 r1
w H
F U)
z H H
H U I U) H H I
\• H I U) 1
a U)
U Ul
:4 N a
1:4 3
w a
F
U) r
�i U)
a
a
P; N a
w co a
a
u w a
Ul 41 a 1 p�D I
a dI F
a N F
Pi cU F
p O
F H Ul F
H U) F
H N F
Pi co F
U
o m F
x Ln :4
rf, N F
h N�
a F
O
1
1
O g N 1 PQ PQ
\ rd N 1
r- x1 H 1 1
a' r- a'
N
PQ
N
U U)
H
U r'1
O
:4 q N 9
c0
Q N
m
W M
kO
H
'
11 a 1 1
O 1 1
m
r1
co
r1
co
M
m
f�l
co
f�l
co
rl
c0
"I
m
M
CO
rl
N
N
rl
F(,' I
El I
Q I 1
t`
O I
W w 1
o
0
C)
o
O
0
o
0
C3
0
0
0
0
0
C)
o
O
C3
O
F 1
Q i I
O
0
O
O
O
0
O
0
O
0
O
0
O
0
0
0
O
o
1
q l
0
0
0
O
O
O
0
O
1 •• U
w 11 O l U
O
O
O
O
O
H
H
� I U w Z o 0 P+ P) U H
I P+ H> W M O . a
P: •H P: I H I
CL u N 1 a 1
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
P:
C)`
AGENDA ITEM # 4A
JULY 11, 2011
City of Atlantic Beach, Fl.
Utility Sales Report
Atlantic Beach 5,580 51,365 $187,903 $3.661
Buccaneer 2,468 19,675 $100,128 $5.09
Total Water Sales �_ 8,048 71,040 $288,031 $4.05 1
_
Gallons
Wat
ter Plant Production 0000
5,529
2,448
7,977
June 2011
$159,312
$100,992
$260,304
June 2010
Atlantic Beach
L „✓ ,.r w £
W
61,705
Gallons Actual
Revenue ��
Gallons Actual
Revenue �,
Water Sales
�
Accounts
0000 Revenue
Per �,000 ai Accounts
0000 Revenue
Per �_000 ei
Atlantic Beach 5,580 51,365 $187,903 $3.661
Buccaneer 2,468 19,675 $100,128 $5.09
Total Water Sales �_ 8,048 71,040 $288,031 $4.05 1
_
Gallons
Wat
ter Plant Production 0000
5,529
2,448
7,977
43,023
22,670
65,693
Gallons
o000
$159,312
$100,992
$260,304
$3.70
$4.45
$3.96
Atlantic Beach
61,705
59,020
Actual
Revenue
Buccaneer
Actual
Revenue
23,013
0000
Revenue
20,499
0000
N
Total Production
k ,
84,718
79,519:
Atlantic Beach
;Total Water Billed
46.072
$269,371
71,040
45.047
$229,819
$5.10 la
65,693
rj
I
$185,128
$10 07
16.302
$185,701
$11.39
Total Sewer Treated
54.465
$454,499
$7.05
Water Loss for month:
r
$6.77
��
13,826
s
L A13,678
:
a
i
_.
k >.
Percentage Loss
16.15%
17.39%
fl Total 12 mo. Avg. oss
g.
15.07%
IN
18.13%
Gallons
Actual
Revenue
Gallons
Actual
Revenue
Sewer Sales
Accounts
0000
Revenue
Per 1,000 gi Accounts
0000
Revenue
Per 1,000 gi
Atlantic Beach
5,117
36,891
$269,371
$7.30
5,132
34,284
$229,819
$6.70
Buccaneer
2,361
19,897
$185,128
$9.30
2,340
23,490
$185,701
$7.91
I Total Sewer Sales
7,478
56,788
$454,499
$8.00
7,472
57,774
$415,520
$7.19
t
Gallons
Actual
Revenue
Gallons
Actual
Revenue
Sewer Treatment
0000
Revenue
Per 1,000 gi
0000
Revenue
r-
Per 1,000 gi
Atlantic Beach
46.072
$269,371
$5 85 �
45.047
$229,819
$5.10 la
Buccaneer
18.393
$185,128
$10 07
16.302
$185,701
$11.39
Total Sewer Treated
54.465
$454,499
$7.05
61 349
$415,520
$6.77
s
AGENDA ITEM # 7A
JULY 11, 2011
ORDINANCE NO. 95 -11 -103
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 13, OFFENSES, BY ADDING A NEW SECTION
13 -14, PROHIBITING SELF - SERVICE DISPLAY AND PLACEMENT OF
TOBACCO PRODUCTS; PROVIDING FOR A TITLE; PROVIDING FOR
INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION
WHEREAS, the Florida Legislature has enacted laws, located in Chapter 569, Florida
Statutes, that provide for increased regulation of the retail sale of tobacco products; and
WHEREAS, within Chapter 569, Florida Statutes, the Florida Legislature has provided
for civil, administrative and /or criminal penalties for the sale of tobacco products to a person
under the age of 18 and for the possession of such tobacco products by a person under the age of
18; and
WHEREAS, the State of Florida entered into a settlement agreement with the tobacco
industry for billions of dollars to reimburse the State due to the prevalence of tobacco use; and
WHEREAS, the settlement agreement between the State of Florida and the tobacco
industry provides for a pilot program which is aimed specifically at the reduction of the use of
tobacco products by persons under the age of 18; and
WHEREAS, the U.S. Department of Health and Human Services has determined that
every day 3,000 children become smokers and a third of them, eventually, will die from
smoking- related illnesses. Smoking is this nation's leading preventable cause of death and kills
more than 430,000 people a year; and
WHEREAS, the United States Supreme Court has held in Village of Hoffinan Estates v.
Flipside, Hoffinan Estates, Inc., 455 U.S 489, 102 S. Ct. 1186, 71 L.Ed2d 362 (1981), that
ordinances that regulate the commercial marketing and display of items that may be used for
illegal purposes does not violate the First Amendment; and
WHEREAS, the City of Atlantic Beach, along with its citizens, are concerned about the
use of tobacco products by persons under the age of 18; and
WHEREAS, the City Commission believes that a reduction in the availability, both
visually and physically, of tobacco products to persons under the age of 18 will likely lead to a
reduction in tobacco product use by that age group; and
AGENDA ITEM # 7A
JULY 11, 2011
WHEREAS, the City Commission finds that such regulation is in the best interest of the
public health, safety and welfare.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new section to be numbered Sec. 13 -14, which section shall read as
follows:
"Sec. 13 -14. Tobacco product placement.
(a) Title. This Ordinance shall be known and cited as the City of
Atlantic Beach Tobacco Product Placement Ordinance.
(b) Intent. This article is intended to prevent the sale to and
possession of tobacco products by persons under the age of eighteen (18) by
regulating the placement of such products. This article shall not be interpreted or
construed to prohibit the sale or delivery of tobacco products which are otherwise
lawful or regulated pursuant to Chapter 569, Florida Statutes.
(c) Definitions. For the purpose of this article the following terms
shall mean:
Candy flavored tobacco products shall mean tobacco or any of its
component parts (including the tobacco, filter or paper) that contain, as a
constituent (including a smoke constituent) or additive, an artificial or natural
flavor (other than tobacco or menthol) or an herb or spice, including strawberry,
grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa,
chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product
or tobacco smoke.
Self - service display or placement means the open display or placement of
tobacco products to which the public has access without the intervention of the
vendor, store owner or other store employee.
Smoking pipes and smoking devices shall mean metal, wooden, acrylic,
glass, stone, plastic or ceramic smoking pipes, with or without screens, permanent
screens or punctured metal bows; water pipes; carburetion tubes and devices;
chamber pipes; carburetor pipes; electric pipes; air - driven pipes; chillums; bongs;
and ice pipes or chillers.
Tobacco products include loose tobacco leaves, and products made from
tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for
smoking, sniffing or chewing, as defined in Chapter 569, Florida Statutes.
Ordinance No. 95 -11 -103 Page 2 of 4
AGENDA ITEM # 7A
JULY 11, 2011
Tobacco retailer means any person or business that operates or manages a
store, stand, booth, concession or other place at which sales of tobacco products
are made to purchasers.
Vendor assisted means the customer has no access to tobacco products
without the assistance of the vendor, store owner or other store employee.
(d) Self- service display and placement prohibited. It shall be
unlawful for any tobacco retailer to sell, to permit to be sold, to offer for sale or to
display any tobacco product, candy flavored tobacco product, and any smoking
pipe and smoking device by means of self - service display or placement or by any
means other than vendor assisted sales.
(e) Exceptions. The provisions of this article shall not apply to an
establishment that prohibits persons under eighteen (18) years of age on the
premises.
(f) Penalties. Violation of this ordinance is a misdemeanor pursuant
to Section 125.69, Florida Statutes, and is punishable under said section by
imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such
imprisonment and fine.
(g) Conflicting Provisions. City of Atlantic Beach ordinances and
City of Atlantic Beach resolutions, or parts thereof, in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict except for
ordinances concerning either adoption or amendment of the City of Atlantic
Beach comprehensive plan, pursuant to Chapter 163, Part II, Florida Statutes, or
land development regulations relating specifically to community redevelopment
areas established pursuant to Chapter 163, Part III, Florida Statutes.
(h) Severability. If any portion of this ordinance is for any reason
held or declared to be unconstitutional, inoperative or void, such holding shall not
affect the remaining portions of this ordinance. If this ordinance or any provision
thereof shall be held to be inapplicable to any person, property or circumstances,
such holding shall not affect its applicability to any other person, property or
circumstances.
(i) Applicability of Ordinance. This ordinance shall be applicable
throughout the jurisdiction of the City of Atlantic Beach.
0) Filing with the Department of State. The Clerk be and hereby is
directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code, Department of State, R.A. Gray Building, Room 101, 500
S. Bronough Street, Tallahassee, Florida 32399 -0250.
Ordinance No. 95 -11 -103 Page 3 of 4
AGENDA ITEM # 7A
JULY 11, 2011
(k) Codification. Provisions of this ordinance shall be incorporated in
the City Code and the word "ordinance" may be changed to "section," "article" or
other word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Sections Seven to Eleven
shall not be codified."
SECTION 2. This Ordinance shall take effect on October 1, 2011.
PASSED by the City Commission on first reading this day of July, 2011.
PASSED by the City Commission on second and final reading this day of
, 2011.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Mike Borno
Mayor, Presiding Officer
APPROVED AS TO FORM AND CORRECTNESS:
Alan C. Jensen, Esquire
City Attorney
Ordinance No. 95 -11 -103 Page 4 of 4
AGENDA ITEM # 8A
JULY 11, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: UBE- 2011 -01, request from Riddick Lynch, d/b /a Poe's Tavern for a use -
by- exception to allow for the sale and on- premise consumption of
alcoholic beverages in association with a full- service restaurant within the
Commercial Business District at 363 Atlantic Boulevard (formerly Sticky
Fingers).
SUBMITTED BY: Erika Hall
Principal Planner
DATE: June 30, 2011
BACKGROUND: This request seeks approval of a use -by- exception to allow for the sale and
on- premise consumption of alcoholic beverages in association with a new restaurant, Poe's
Tavern, which is currently under construction at 363 Atlantic Boulevard, which is the former
location of Sticky Fingers restaurant. Atlantic Beach Land Development Regulations allow on-
premise consumption of beer and wine only, by right, in conjunction with full service
restaurants. However, on- premise consumption of liquor, as defined in Chapter 3, Alcoholic
Beverages, of the Municipal Code, and Chapters 561 -565, Florida Statutes, requires approval of
a use -by- exception. Such approval authorizes staff to sign off on zoning compliance for the
required 4COP -SRX Special Restaurant License, issued by the Florida Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco. The SRX license
requires that the food service establishment maintain a minimum of 150 seats, and at least 51%
of sales be food. The applicant has confirmed seating will exceed the minimum 150 seats and he
stated that even with full beverage service, food sales are anticipated to be consistent with their
Charleston, South Carolina location, and will exceed the minimum 51 % amount.
Staff recommends approval of this request which is consistent with the previous uses of the
property — former tenants Crabby Bill's, Saltwater Grille and Sticky Fingers all held 4COP -SRX
licenses. However, uses -by- exception do not convey with change of ownership or transfer of
lease, and each establishment must apply for a UBE specific to his or her business. The
Community Development Board considered this request at their June 21 meeting and
unanimously recommended approval.
BUDGET: No budget issues.
RECOMMENDATION: Approval of UBE- 2011 -01, a request for use -by- exception by
Riddick Lynch d /b /a Poe's Tavern, to permit the sale and on- premise consumption of alcoholic
beverages (DABT- issued 4COP -SRX license) in conjunction with a full service restaurant
located within the Commercial Business District at 363 Atlantic Boulevard.
ATTACHMENTS: Draft Community Development Board Minutes and application package.
REVIEWED BY CITY MANA +
July 11, 2011 regular meeting
U
Ul
I AM
117 16,1Vj
1 4 j
NIF
N P
lb
4Jf? jug
Wit m
Aff
PL
L ion
lga
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
AGENDA ITEM # 8A
JULY 11, 2011
Chairman Lambertson invited applicant Riddick Lynch (86 Ocean Boulevard, Atlantic Beach) to
address the Board. Mr. Lynch confirmed the information provided by Ms. Hall regarding his
proposal was correct. Board member Kelly Elmore asked if the restaurant would meet the State's
requirements, referring to minimum number of seats (150) and minimum food sales (51 %), to
which Mr. Lynch replied that he anticipated the restaurant would easily meet both requirements.
He said he also owned the same restaurant model in Charleston, South Carolina, and currently,
food sales were approximately sixty percent (60 %) of total sales. Mr. Elmore asked what type of
food would be served, to which Mr. Lynch replied gourmet burgers, fish tacos ... foods that go well
with the beach and beer. Mr. Lambertson asked about the hours of operation and whether there
would be live music. Mr. Lynch said he anticipated operating until 2am, which is the mandated
closing time for establishments serving alcoholic beverages, and that there may be live music, but
it would most likely be acoustics.
Board Member Kirk Hansen asked when Mr. Lynch anticipated opening, to which Mr. Lynch
replied the end of July. Mr. Lambertson inquired as to the departure of the previous tenant, Sticky
Fingers, given that it appeared to be a successful business. Mr. Lynch noted that one of the
original owners had left to start TacoLu's, at which point sales had begun to taper off. Mr.
Lambertson asked if Mr. Lynch had signed a long -term lease, to which Mr. Lynch replied that he
had assumed the Sticky Fingers lease, which had eight (8) years remaining.
Mr. Lambertson opened the hearing to ; publ
public comment phase and opened Board me
as to the difference between selling beer and
exception was required for the latter. Ms. Hz
the Municipal Code contains provisions thai
reLyardiniz the sale of alcoholic beverages, as
turn, the permitted uses
beverages, including beer and wine, as found
derived from Chapter 3 of the Municipal Code.
mment, and with there being none, closed the
discussion of the matter. Mr. Elmore inquired
only or selling liquor also, and why a use -by-
plained that Chapter 3, Alcoholic Beverages, of
consistent with definitions and state mandates
brth in Chapters 561 -565, Florida Statutes. In
garding the sale and consumption of alcoholic
'hapter 24, Land Development Regulations, are
MOTION: Kirk Hansen moved that the Board recommend approval to the City
Commission of the requested use -by- exception to permit on- premise consumption of
alcoholic beverages in association with a full - service restaurant to be located within the 11
Central Business District at 363 Atlantic Boulevard, finding that the proposed use is
consistent with Section 24 -114 of the Land Development Regulations defining the Central
Business District, and is compatible with adjacent properties and other properties in the
surrounding area; and, that approval of the request is in compliance with the requirements
of Section 24 -63, governing the approval of uses -by- exception, and is not contrary to public
interest and is not detrimental to the health, safety and welfare of the general public. Kelly
Elmore seconded the motion and it passed unanimously, 4 -0.
Mr. Lambertson informed the applicant that staff would forward the recommendation of the
Community Development Board to the City Commission, which would hear the item and take
final action within the next month.
6. OTHER BUSINESS NOT REQUIRING ACTION. None.
Page 2 of 3
Draft Minutes of the June 21, 2011 regular meeting of the Community Development Board
92 7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:27 pm.
93
94
95
96
97
98
99
100
101
Chris Lambertson, Chairman
Ati
AGENDA ITEM # 8A
JULY 11, 2011
Page 3 of 3
I;,
L
RmaAm
1 44
ALP
'i IF-41
L "'I
AL
4
Jo
I
f I) >qt O t
p
7T ;-.
e, o
A F. J h
v L! y uA' v L M 0 X j F:.
ISM3000"Mm
ale
amw ;s
NJ
V 7
Jr,
I II IL L OT , - :! j
if.
On
W 4
A ff
r.
- _ ,� I•F_ � i #�' ..r n'' �I ii n t- 'L' F t� �L •
e- q,14,
;:t; , 1 - . a . J. , s: t r C.I- • S �;'� t � � y� '�: i
gh
da
4
C eel
.T'Y4" r� ` �x�•f,'1 11 ,4ti:..''�'; :���� °r�i' ;,i:�:��� } ,:.r`�fi:e:��r. ' r � '� `I�•.��.
1C
Wl
� � � � �i �'�' • �� a Y fir• _
doe I
VM
I tip,
'
- � �.- i ti - �i r ii' 1'�'F �' � . -
Ll
AGENDA ITEM # 8A
JVLI 11,/.v11
a
E 1'I
u x
APPLICATION FOR A USE-BY-EXCEPTION
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5826 - FAX (904) 247 -5845 • http: / /www.coab.us
Date 0 ha [n File No. Receipt
1. Applicant's Name 91 4 J% e_k L V J1 ® N to Poc �S �q ✓G�'ol
2. Applicant's Address 40& ®Gea.aa r3®04t ✓a,✓
3. Property Location '%(0 41 4'Aq / 4
4. Property Appraiser's Real Estate Number Block No. Y1 A— Lot No. y7 A
5. Current Zoning Classification q 6. Comprehensive Plan Future Land Use designation
7. Requested Use-by-Exception �^ �»� C �✓�S'll� �� ®� ���IGt ®/� ® Y�
8. Size of Parcel nzo 9. Utility Provider G4 A 9 r f EA
10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with
Section 24 -63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and /or proposed driveways.
Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): 2 t jai fj L a
Signature(s): 74 - 4 / .44 '
ADDRESS AND CONTACT IN ORMATION PERSON -' /0TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
L
APPLICATION Name: ,°«t v
Mailing Address: 06 OGece.i (� ✓' A
Phone:
043.7-10-131 FAX: 54 3•_? Z - 'P'q3 E -mail
51'4uca C�pH 5cto, ✓, COck�.US. S
AGENDA ITEM # 8A
JULY 11, 2011
The review of an application for a Use -by- Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or ca
4 ,ress Will Isc. 17q fC 1ga'r. ✓C- i;K' SY'Z'�Q
2. Parking and Loading Spaces, where required, with articular attention to the items in (1) above.
P& cir %/Mu 16-c- Y- � POAUks ► I�a�t sIRa,c -S
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception
being requested.
s11A4Aa,-- 4a ✓evtdvs use of V v0 p pf l, «rte 4
I�'ctu6 i QCt�tik k� ke✓ ploS•✓ ! f im ✓a, C- OtCOVS VC Cc f files W It I'`
s(�.v d j0Ve% AtiK vt®i r C i SS eS
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
l,l� �k� of c✓'l+ b c v Kad ` /'e��,b.�'KS �+. c$� a ✓c�.s -
5. Utilit'es, with reference to locations, availability and compatibility;
�b e�k" es wi b e- wtftd C-
6. If adjacent uses are different types of uses, escribe type of screening and buffering that will be provided
between your use and the adjacent use - f " . dj ac-. J5e i s Sfrwti (w 44'3 i 2 v b
w ill Inc &tte 4 e/al( 4 ✓ ovi e. a•(d ►' '
SC�'Cuu' b•1 c✓i vtc a aot at ✓o' a K.--
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District; (See Signs and Advertising,-Chanter 17.)
51' Lt4 e. wL be 1 ®d' 0(ou/st(, 4 U / ,'N li W oiA' o Pwl` ®h t
S'v✓'�t,cC ® �C b� 'l otiwg
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan. 4 ii CMA
u5 a �i 10 t ft SRoaG et 5 it k 6Ce✓t a Ik ✓` "' o✓ euacc uw S.
✓C�Jidds �'@ S k/C ✓c S 'c 'vt 'C ✓S `v o✓(E� � m G ✓;11.
Other information you may wish to provide:
n4.. iY °- r� TT
Mv
14 I ...... .....
U P I " 4�di
t.1 I -L
A4
r7i J I r
1! P.
L
7' r
{ � . {Y �� f 1�x�S'y 1 .�� . + }. S �. J � ` . " 'i R Tr}' • Wo
A , 14�' ,3' o p
I i �4 L
Jj6j
k If.
P A
i `:1'+; ilfir ,,.,- 1.1 r��l - �� �� ' ' } '��i5J.`Y , �' * •r i
, �kl'Yr�� 5 {� y I�4 ••��s��''� � ��� �r II
k1b p
wvo
r., .S M1,� .- }� ; r1i,h, ti -+., -�: '1;�',:r.r ,5, RiY'- .•ri r _, {'I {!,.
bt ' l
� �i r {. �� . v 1 f '" v ��
� Y• � �.��� — +.;, ,� �,,• } -. A tier..'.' I:'!.i 7.'c r`:1,. =''::
4z
A
77V . ,If
1.; 4 1 k N 1. 1 IF.
I AIL'—
4. I . 9-1
,� ' fit, {��?';�;F� 1 �; B "��t „s��S'!�v';�. " „,�'r''�,Sl�� - '''
0 AmbhL
AGENDA ITEM # 813
JULY 11, 2011
BUDGET: A total of $178,000 from the CDBG Disaster Recovery Grant was budgeted for this
project under account number 113 -5506 -535 -6300.
RECOMMENDATION: Reject all bids for the Donner Subdivision Sewer Upgrades — CDBG
Disaster Recovery Project, and re -bid the project.
ATTACHMENTS: 1. Bid tabulation form
2. Bid Analysis
3. Letter from LaCree Carswell of Jacksonville's Community
Development Division.
AGENDA ITEM # 8B
JULY 11, 2011
2
a
0
vi
d
0
9
x
x
x
x
x
x
x
z
z
❑ z
X
z
❑ z
X
° z
X
n
N awo
o
a�
C
a
�
c
0
`o
a
N
0
0
d
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
C
-
w
h
L
d+
a
m
ci
c
w "
v
0
Z
o
N
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
01
c
co
m
'c
en
J
s
J
CP
O
O
o
C
t
dLi
C
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
X
a
�
E
'N
C
C
O
N
N
d'
7 O
O~
rL
❑
O
O
QQ
°
c U
C y
X
X
X
X
X
X
Z
Z
Z
2
Z
Z
2
Z N
Z
X
u
❑ e' J
w
rn
O
T
N O
E C
m
�
Q u
N
H
c
N
m
m
v
C
w
c
w
y
o
d
❑
'
t
O
Q
N
7
E
o
Q
N
t
V
o
N
E
E
U
a
O
a
C
m
N
m
d
w
p
N
Y
a
Oa
E
3
n
E
v
m
a
m
E
m
m
e
c
Q
p
L
O
-
C
0
V
O
C
c
v
>
`p
V
x
v
O
a
C
o0 LL
O
W
w
R
«
m
C
O_
LL
r
1�
❑
M
C
m
Q
t+f C
C y
U
p
C it
C
C
N
H
a+
„
'`
£
m 0,
N
O
IL
U
O
U.
d
C
V
d
V 40--
't
C
3.�''
U y
H
G;
G'
d
V
m
a
d
N
--
U)
H
M
U
J
0)
J .
1-
U
r
v1
0
m
O
a
m
1
w
d
u �j
d
ai
w Q
of
t
p
t ',
AGENDA ITEM # 8B
JULY 11, 2011
F� C
O l
P'l
0 Z
� C
t
m
H
O
N
2
O
0 O
0
E
Q Ln
�0 N
O N
4J �
C_
C 0 0
o
v a` 0
C C N
T 0 �
N
W
C O
C � O
O E t
m Q N
a 1 2
u
u o
GJ
C O Cl i
N
_Q M N
[1
W
C O
O G
O
C � �
O N
VI F
N
U
N u o
Ln v o
m ♦a
C C
C
J
O C J
J
n c
W
C
o
U O O
C � O
N N N
� O
' F
O
O
C
.r- a` o
F C �
w C
C p
w � N
W
O
O
O E N
.y
c A
r o
v ~
F
v
d §
° o
�
u M N
VI �C iD
� � N
4-
_C
C C
U
Lu
W
F
0
— m
0 O
0
0 0
O O
v 00
O
N y �
Vr
0 0
1n o
m m
0 0
0 O
m F,
O O
O O
O n
w N
0 0 0 0
N M
00 O
N °
M
O 0
O O
0
N CV
O N
N N
i?
Cl O
N N
M M
0 0
O O
M
p 0 0
O
N N
0 0 a,,
N N
0 0
0 0
M n
O O
cc
m "
m
ca eq
O O
r of
N N
0 0
O o
M
0
ci 0 o 0 0
o Ln
M V 0 0 NN
N M N y
iA Vr N
0 0 0 0
o ° n o
m D 1
W w
v oN
o 1n O O 0 11
O
O O ^ D
W N h
� N �
0 o
0 0
0 n
W W J
v oN
O 0 O 0
O O
O N lz
c
N N
N
00 O O
0 0 0
o a Cl
N a,
W J
O
O O O
t N ri
N N � e
cc,)
m 00 co 0
W
� N ~
cD
n O O N
N el
O 0 0 0 0
0 0 0
1fi m o
ry M 1+1
VT N N
� N ~
(u
a
P�
O 41 C T
c
a' 7 m .
u a ,'�°
a
S.
m
o to aai
y co
'x
—
m
N N d W
IA
0
ci 0 o 0 0
o Ln
M V 0 0 NN
N M N y
iA Vr N
0 0 0 0
o ° n o
m D 1
W w
v oN
o 1n O O 0 11
O
O O ^ D
W N h
� N �
0 o
0 0
0 n
W W J
v oN
O 0 O 0
O O
O N lz
c
N N
N
00 O O
0 0 0
o a Cl
N a,
W J
O
O O O
t N ri
N N � e
cc,)
m 00 co 0
W
� N ~
cD
n O O N
N el
O 0 0 0 0
0 0 0
1fi m o
ry M 1+1
VT N N
� N ~
(u
a
P�
u .a
c
E
d
u
K
E
E
d
`—�'
� o
m
—
m
a o
3
m
w
!.
F
N
0
0
N
rl
N
Cl i
N
N
O
N
n
to
O
.�i
N
O
M
9
0
N
m
Vr
Ch
Lq
n
O
O
W
N
O
a
N
O
N
ri
M
1n
a �
� y
m C
C
o c
m u°
4S 9
I .-- It
4 1 ■ ll I
I
.V�A --x
!7
ip
41�
Al
Pli To, if v� r "I
7
do
A'r.
^ %�, I ✓'�I'd I, .�[�l' #S�t r t'. a.,.l . . ; }ry ". .� ^ i{.';�a :.h�, f � lafxv (.t - _ •1� +(�I .�'9
D L 0 C i
1- 4 JAI
� , r' ' a.: �i�`�''�h'. �.. .1 �-V;5
_4 . " .. - L
M
, 4 4 1 5"
'mQ
r
pf
T�bt- Uvw d p
Aq [I: "Pip 4
1W
,
CL4 17
7R,
7 71 7
bf
."1O
0
9
AGENDA ITEM # 813
JULY 11, 2011
Ms, Kaluzniak, Director
June 6, 2011
Page 2
Our goal is to improve the level of Section 3 education, outreach and
participation from contractors, sub - contractors and the community.
The Section 3 program is designed to ensure that individuals of the community
benefit from the investment of federal funds in their community.
If you have any questions or require additional information, please do not
hesitate to contact me at 904.255.8200.
Sincerely,
C
LaCree C. Carswell, Chief
Community Development Division
LD /rw
Cc: Alice Jones, COJ Public Works
Deborah Green, COJ Public Works
David E. Thompson, Atlantic Beach, Asst. City Manager
Michael Clapsaddle, Chief of Procurement
AGENDA ITEM # 8D
JULY 11, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Rehabilitation of Well No. 1 at Water Plant No. 1
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo(Q /
DATE: June 30, 2011
BACKGROUND: Well No. 1 at Water Plant No. 1 (469 11 St.) was constructed in 1953. In
the last couple of years the well has suffered a serious loss in yield, and is now at less than half
of its original production due to excessive calcium and magnesium carbonate mineral deposits in
the well bore.
Our 2001 Water Master Plan recommended replacing the well by 2008. Replacing the well
would cost several hundred thousand dollars.
Over the past twelve years, JEA in conjunction with their engineers and contractors have
conducted research and developed a proprietary chemical well rehabilitation process that has had
excellent results. After discussions with JEA, staff believes Well No. 1 at Water Plant No. 1 can
be rehabilitated and its life extended significantly by using JEA's process.
The typical chemical rehab process involves injecting strong acid into a well to dissolve built up
calcification. There is significant risk involved in this process, including damage to the well or to
surrounding properties. The process developed by JEA is much safer, and has greatly increased
production and extended the life of many of their public supply wells. In addition, the
rehabilitation process results in electrical savings as less energy is needed to overcome well
drawdown.
On May 23, 2011, the City Commission authorized JEA's contractor, Williams Industrial
Services, LLC to complete this work for a not to exceed amount of $39,999.29. However,
Williams Industrial's corporate attorneys determined that the company was not willing to
provide the JEA terms and conditions to Atlantic Beach with respect to liability.
Williams Industrial's main function was coordination of the subcontractors, which include a well
driller and engineering personnel that perform this work for JEA. Staff asked the City's annual
Utility contractor, Gruhn May, Inc. if they would be willing to perform the coordination effort
with the same subcontractors that Williams Industrial was going to use, and they agreed to do so
for the same price of $39,000. Gruhn May is willing to accept liability in conformance with his
insurance limits of $1 million.
BUDGET: A total of $50,000 was budgeted for this project in the Water Fund in account
number 400 - 5502 -533 -6300.
AGENDA ITEM # 8D
JULY 11, 2011
RECOMMENDATION: Authorize Gruhn May, Inc. to complete the Rehabilitation of Well
No. I at Water Plant No. I in an amount not to exceed $39,999.29 and authorize the City
Manager to sign the contract. .
ATTACHMENTS: I . Proposal for Rehabilitation of Well No. I at Water Plant No. I
from Gruhn May, Inc.
REVIEWED BY CITY MANAGER:
2
L is t xY F4 'k'� � S " AwN IF ]
�I+'. '�*•� -r
l + `
f r
M7 7
� 5
i err '}s �iil'x't�11t: =�'•; Ws. I
4k
i �A i �7• •F`. }�` . I r �. a .,. { - f' Sr ' ` : 1x�.r. � 1.• '�t. 4'�. ±I .• -a wi• >f; _.h - ;i
1.5
r�
I I. I. a_•Ih - r..4 tir:�r ti df.: r' ill' •! r 4 .� u}
t: :t 5.:. h - - - -ry` 5. vb,!' , r "•:i :f. .. 5 a ''S:I1'�= lo'y "- �.''I' ` =:���• r'.�._ ,. 41'x+'•' t." 'I3.e�ar
1 - � - �� {' {,.+• iyr •1 � ��•'• ti..� ELY � � •.l ie
1 �Fr�i
L r.% 7.
u:� - 'e..:[ �_h'± - ��J� :!.`�ti?!•.•F. - � ?.. ' " si: - f .��r �,�l� � h 'f.9. I r� - IhY r;��r F. p• .�.: SS rll;�
r
r
i
5s.
4 '
'�
Alw 1
AGENDA ITEM # 8E
JULY 11, 2011
CITY ATTORNEY REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Labor attorney
DATE: July 5, 2011
SUBMITTED BY: Alan C. Jensen, City Attorney
..._ � _ � 'E: X111► 1�
The City has used the services of various outside attorneys over the years in
certain specialized areas of the law, including labor and employment law. Questions
arise occasionally from various department heads and employees regarding the rights and
responsibilities of city employees, union issues, and the like. It is in the City's best
interest to have an experienced labor attorney who specializes in representing
management and government entities to answer such questions, and to represent the City,
when necessary, in grievance hearings and any court matters related to labor and
employment issues.
Jim Hanson, George Foster and I have discussed this matter and recently met with
John F. Dickinson, a labor and employment lawyer with the firm of Constangy, Brooks &
Smith in Jacksonville. John has well over 30 years experience in the labor and
employment law field, represents many other governmental agencies, has a substantial
amount of information and resources available to him from all the offices in his firm, and
has previously provided services to the City. He has offered his services at a very
competitive rate. Jim, George and I concur that John would be a good fit to provide
services to the City in the labor and employment law field.
BUDGET: Legal services.
RECOMMENDATION: To approve the attached representation agreement with
John Dickinson and his firm and authorize the City Manager to sign it.
ATTACHMENT: Proposed representation agreement.
REVIEWED BY CITY MANAGED:
AGENDA ITEM # 8E
JULY 11, 2011
BROOKS & SMITH, LLP
200 WEST FORSYTH STREET, SUITE 1700
POST OFFICE Box 41099 (32203 -1099)
JACKSONVILLE, FLORIDA 32202
TELEPHONE (904) 356 -8900 • FACSIMILE (904) 356 -8200
Wcvw.constangy.com
jdickinson @constangy.com
June 14, 2011
VIA EMAIL AND U.S. MAIL
Mr. Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Re: Engagement Letter - Advice General Services
Dear Mr. Hanson:
This will confirm that the City of Atlantic Beach has retained Constangy, Brooks &:
Smith, LLP to assist in general labor and employment law matters. This engagement letter
sets forth the scope and terms of our services. We know you have a choice when selecting
counsel, so we would like to take a moment and thank you for your business and let you
know that we look forward to working with you.
Our Service Philosophy We serve our clients through our firm's Service Philosophy,
which is available on our firm's web site at www.constangy.com We also provide our
clients this unique service pledge:
We assure you that as a client of Constangy, Brooks & Smith, LLP, you
will receive cost - effective legal services delivered in a timely manner. We
promise to involve you and communicate with you regularly. We cannot
guarantee outcomes, but we do assure your satisfaction with our service. If
Constangy, Brooks & Smith, LLP, does not peJ form to your satisfaction,
please let its know promptly. We will make every effort to resolve the issue to
Your satisfaction.
Our Client Relationship Focus We find that the most mutually beneficial attorney -
client relationships are those based on a complete understanding of the client's business
goals and industry. As we work with you, we will make every effort to provide legal advice
ATLANTA, GA ASHEVILLE, NO AUSTIN, TX BIRMINGHAM, AL BOSTON, MA CHICAGO, IL COLUMBIA, SC FAIRFAX, VA GREENVILLE, SC JACKSONVILLE, FL
KANSAS CITY, MO LAKELAND, FL LOS ANGELES COUNTY, CA MACON, GA MILWAUKEE, WI NASHVILLE, TN TAMPA, FL VENTURA COUNTY, CA WINSTON- SALEM, NC
AGENDA ITEM # 8E
JULY 11, 2011
Mr. Jim Hanson
June 14, 2011
Page 2
and counseling services in the context of your business goals and get to know your City
better as we develop a longstanding relationship.
Scope Our general labor and employment advice and counseling service includes all
legal advice and counseling where you request our assistance that is not covered in a separate
engagement letter. The goal of our general labor and employment law advice and counseling
service is to maximize management discretion while ensuring compliance with the wide
range of labor and employment laws, regulations, and court decisions that frequently change
the legal landscape in the workplace. We have found that addressing issues before they arise
or as promptly as possible can often reduce the chances of an individual suing the employer
or filing a charge or complaint with a govermnent agency. We also represent clients in
defending lawsuits or responding to government investigations, so please let us know
immediately if you are served with a lawsuit or notified of a government investigation and
we will be glad to assist you.
Staffing I will be the primary attorney working with you, so it is my responsibility to
make sure you are receiving high quality legal services in a cost - effective manner. It is also
my responsibility to be available to you in a timely and responsive manner, which is why I
make my office number, cell phone number and e -mail address available to you at any time
and why I return calls within one business day, if not the same day. If, however, I am
unavailable for any reason due to other obligations, please feel free to contact any of my
colleagues in the Jacksonville office for assistance. Generally, I recommend you contact
Lori Mans if I am not available, though you should feel free to contact anyone else as well.
My legal assistant, Pam Patton, is also available to assist you in getting the service you need
at any time.
Fees For our general labor and employment advice and counseling service, we bill
by the hour at our normal hourly service rates. My normal hourly rate for 2011 will be
$250.00. Lori's hourly rate for 2011 is $195.00. We do not bill for after -hours travel time,
but it may be necessary to bill for travel time during regular workday hours if we cannot
otherwise schedule the travel. We periodically review our rates for cost - effectiveness and
normally make any changes in January of each year.
Expenses In addition to our fees, we bill clients for certain expenses, such as travel,
lodging, outsourced copying, and overnight couriers. Unlike most law firms, however, we
do not bill for in -house copying, long distance telephone calls, faxes, postage, or computer
usage. This is a substantial cost - saving feature of working with us. We believe such costs
are overhead costs that should not be billed to clients.
Billing. We send monthly invoices for our fees and expenses, which contain detailed
descriptions of the work performed and expenses incurred so that you can make a meaningful
assessment of our value. We request payment upon receipt and, pursuant to the requirements
AGENDA ITEM # 8E
JULY 11, 2011
Mr. Jim Hanson
June 14, 2011
Page 3
of some state bar associations, we must also in you that we reserve the right to terminate
our services or representation for failure to pay our invoices in a timely manner.
Limitation Our representation of the City in general labor and employment matters
will not extend to representing other entities or individuals employed by or associated with
the City, unless specifically requested by you and documented by separate written
agreement. This limitation is necessary to make certain that we avoid any potential conflicts
of interest which may exist between you and your City and other persons and entities.
Other Services We are proud to offer a full range of workplace legal compliance and
representation services to clients, including services in employment litigation, labor relations
(including union -free programs), employee benefits, wage and hour compliance, non -
compete and other restrictive covenant agreements, business immigration, workplace safety,
affirmative action plans, and class action lawsuit defense, among others. If you need any
further information or wish to discuss those services further, please let us know.
Firm Seminars and Publications We believe an educated client is in the best position
to minimize possible workplace legal issues. Accordingly, we offer client -only seminars and
publications from time to time to help our clients stay updated on legal developments that
affect their businesses and workplaces. We will add you to our mailing list for such seminars
and publications. If there are any other individuals in your organization that you wish to add
to our firm mailing list, please indicate below.
Sincerely,
6 Jo F. Dickinson
JFD /pp
cc: Alan Jensen, Esquire
AGENDA ITEM # SE
JULY 11, 2011
Mr, Jim Hanson
June 14, 2011
Page 4
I have read and understand the above letter setting forth our obligations concerning
the payment of legal fees to the firm of CONSTANGY, BROOKS & SMITH, LLP, and
agree to be bound by the terms of this letter.
DATE:
IC
Title:
In addition to myself, please add the following individual(s) to the firm's mailing and
e -mail distribution lists:
Name
Title
E -Mail Address (some newsletters are sent only via e -mail)
Name
Title
E -Mail Address (some newsletters are sent only via e -mail)
AGENDA ITEM # 8F
JULY 11, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: TMDL Wastewater Compliance Project— Wastewater Treatment Plant #1
Sludge and Odor Control Improvements — Bid No. 101116
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Direct rfi
DATE: July 1, 2011
BACKGROUND: While complying with the TMDL nitrogen regulations, the new biological
nutrient removal process will increase the amount of sludge produced. This will tax the existing
inefficient sludge treatment system to its maximum capability, requiring sludge treatment
upgrades in the near future.
Electrical system and sludge studies determined that by upgrading the existing sludge treatment
system at Wastewater Treatment Plant #1, the City could obtain energy savings while reducing
operations and maintenance costs and potential landfill tipping fees. In addition, providing
mechanical dewatering in an enclosed building will reduce potential odors.
An odor control study determined that odors can be reduced by providing an odor control system
to capture and treat gases from the influent screens as well as the proposed sludge treatment
building.
On December 13, 2010, the Commission authorized J. Collins Engineering Associates QCEA) to
provide design, bidding and construction assistance for Wastewater Treatment Plant #1 Sludge
and Odor Control Improvements. Four Additive Alternates were included in the bid:
• Additive Alternate 1 was to replace a severely cracked concrete pad in the sludge loading
area. DEP has commented during inspections that the concrete needs to be replaced. Staff
was going to include this work in the current year's budget and thought pricing would be
better if bid under the Sludge and Odor Control Project. The City can save a small
amount by having the work done by our annual contractor, so Additive Alternate I is
not recommended.
• Additive Alternate 2 — Construct Electrical Room in Existing Blower Building.
Separating the electrical panels and controls from the motors and blowers in an air
conditioned room will extend the life of the electrical equipment. The new
instrumentation is comprised of very sophisticated electronics that could be susceptible to
excess heat. Additive Alternate 2 is recommended.
• Additive Alternate 3 — Construct new 100 KW genset to replace an old 300 KW genset.
The current treatment plant has three existing gensets. The Sludge and Odor Control
Project will eliminate one existing old genset completely. The other remaining genset will
be oversized, and since it is an older genset from the original plant, it will need to be
replaced in the next several years anyway. However, the old generator is still operable
and there is not an immediate need for replacement. Additive Alternate 3 is not
recommended.
AGENDA ITEM # 8F
JULY 11, 2011
Additive Alternate 4 — Prepare existing blowers and genset for salvage. This item
requests the contractors to transfer the fuel and disconnect/safe -up the one genset and 5
blowers that will be eliminated by the project. This is also a safety item. Additive
Alternate 4 is recommended.
Plans and specifications were completed, bids advertised and 11 contractors were invited to bid.
Four contractors prequalified for the project, and three contractors attended the mandatory Pre -
Bid Meeting. Two contractors submitted bids as follows:
BUDGET: Because bids for the TMDL project came in well below budget, and the $469,000
of additional plant improvements were rolled into the final design, a total of $2.53 million is
available in the Sewer Fund for this project, under account number 410 - 5508 -535 -6300. Funding
will be through the DEP State Revolving Fund loan program at reduced interest rates.
RECOMMENDATION: Award the contract for Wastewater Treatment Plant #1 Sludge and
Odor Control Improvements, Bid No. 1011 -16 to WPC Industrial Contractors, LLC. Include in
the award, the Lump Sum Base Bid in the amount of $2,157,000 plus Additive Alternates 2 and 4
for a total amount of $2,194,500. Authorize the City Manager to sign the contract. Authorize staff
to encumber $215,700 under a separate purchase order for use as a contingency for the project.
ATTACHMENTS: 1. Bid Tabulation for Bid 1011 -16.
2. Bid Analysis for Bid 1011 -16.
3. Recommendation for Award from JCEA.
REVIEWED BY CITY MANAGER:
Ortega Industrial
WPC Industrial
Contractors
Contractors
Lump Sum Base Bid
$2,311,675.00
$2,157,000.00
Additive Alt. 1
(Replace existing concrete
$15,737.00
$19,900.00
paving — not
recommended)
Additive Alt. 2
(Construct Electrical
$30,389.00
$31,000.00
Room in Existing Blower
Bldg. - recommended
Additive Alt. 3
(Construct new 100 KW
$68,560.00
$72,000.00
genset — not
recommended)
Additive Alt. 4
(Prepare existing
$6,170.00
$6,500.00
Blowers & Genset for
salvage - recommended
Total with Additive
Alternates 2 and 4
$2,348
$2,194,500.00
BUDGET: Because bids for the TMDL project came in well below budget, and the $469,000
of additional plant improvements were rolled into the final design, a total of $2.53 million is
available in the Sewer Fund for this project, under account number 410 - 5508 -535 -6300. Funding
will be through the DEP State Revolving Fund loan program at reduced interest rates.
RECOMMENDATION: Award the contract for Wastewater Treatment Plant #1 Sludge and
Odor Control Improvements, Bid No. 1011 -16 to WPC Industrial Contractors, LLC. Include in
the award, the Lump Sum Base Bid in the amount of $2,157,000 plus Additive Alternates 2 and 4
for a total amount of $2,194,500. Authorize the City Manager to sign the contract. Authorize staff
to encumber $215,700 under a separate purchase order for use as a contingency for the project.
ATTACHMENTS: 1. Bid Tabulation for Bid 1011 -16.
2. Bid Analysis for Bid 1011 -16.
3. Recommendation for Award from JCEA.
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8F
JULY 11, 2011
r=i
C
01
E
0
CL
m E
CD
C C N
m 0
Q �
3
O-
Z% O
V �
c
m
m
rn
3
r
0
'm
a
a
0
v
..
O
b
b
H-I
U
X
X
x
x
X
x
x
x
x
X
X
° o
c
CD
ti �
Lo
M
0
o
0
ol,
0
0
0
o
0
0
0
0
1-
00
0
0
�'
V
Cq
o
U
c
° o
° 0
0
0 CD
ti
ti
ti
Q>
M
O
W
C
~
O
r
M
t
r
.d
N
M
C
�
c�
bn
O
°
o
O
m
c
.- o
a� r c
co v
m
( U
o ►
w
c
X03
a
a
Q
m
0
0 h
m �' c
r
Y
2
2 d
e
o
r
°
m
=
m
a
�'
c a�
0 m
a m
m o
4)
p
U
m
O
_ p
m
m
0
V �°
o
V`
Q
a o
-a
n
,)
(D
�
Q
m
m
°-
°
`
N
(q
N
N
Q
m
ot!
co
L)
E
En
C
0
.42
m
r
d
r°
r N tm
V
V
C
++
++
N
>
N
U
O
J
O
O
V
N
r °
d m
r= E
p N
.0
U
"
`
M
N
E
Q
Q
Q to a
+�
Q M
O
U)
C
C
(U
p
W
N
U)
N
~
J
d
> 'C tm
C
> N
> Q m
O
>_
O
E
IL
L)
L�
m
E
= 7
= 'k
'a m =
t
m v
T
°
o
�n
o
O
O
'a
a
a
'a ° 3
c)
5
:a
m
— Cl)
°
a
o
U
-j
0
�
f-
Q S
Q
m
Q H m
Q B°
f6
O
CL
CL
Q
C
O
O
O
E
E
O
U
C
m
En
c
Q
C
N
E
m
CL
(U
0
3
m
c
rn
a)
m
.n
- a
m
0
2t
a
3
Q
Y
0
m
r
a
C
d
Q
C
t
3
a
AGENDA ITEM # 8F
JULY 11, 2011
IA
a+
C
a�
E
0
CL
E
6
� c �
U c
Q ' rl
.� O A
00 c
0,p
V
7
N
l0
t-1
t=i
t-1
O
t-1
'O
00
u
J
VI
O
a+
u
P O
O
O
O
O
O
O
4J
p
°o_
O
00
O
O
0O
oo
O
CD
u
ti
07
0
O
O
N
�p
f6
�
Oi
r
r
C7
N
ti
�D
co
IA
7
�
�
.
_G
u
a
I
O
v
m
O
O CD
o
O
O
O
O
o
u
W)
O
r :
o
of
o
o
O
O
N
N)
1l
00
V
w
N
�
N
7
M
�
M
w
O
le
C
N
f6
OD
d
t
O
E a
Q
'm
CL
a
o
o
CO
a>
Ego
>
E
=�
E
E
ag =�
O .
Q Q
QQ
QQ
QQ
QQ
J f-
1
t
f
I � I
l m
`� ti••,�•rr 1 U � ' � � �-. . 'V^.H- r�,.+�.•K�a�.•+`�'.3.•t- •fir ..wr...._ � i +�7M•F� ' �
. �..• - + a1, �'y ate, .l Af
r .ti•.
1 -J �
k ' r +l'R • ii {'1
'� � � ''BS :�' •
I.
i
0
a -I,i� .S,,¢�,:•� r_o
m 4 ` Ff ['� J�i+"� .rl'_ ;! ,4 - !�„ I`, + _ e I. :+ 'a f •Y
� . � ?�?7�/�. :�, '�: I �•� `'�Jilti i ,r -i., .'Y_•u.�T. ,�, it F�rRf.
'_ _ '- '{; -;� � '�fi• .� I• r�`�r s' 1 �.�: •!�S 'L i 'r l4' " 'y'' {:. a + k d'y 41a }_ '�IS-I�� :P
, 1 . • . a • '?+"yT'�1�rE, t lCFii { �Fr�l - *: e ���'�'''�" i` } -,1•,T .� }V i L �� y y�.
` y �"
Ll {, 1 47} i **i '' ; - e rl; 'rT "?+, ` r:� `• j l I 1 s I _
, c�•. y • �I, 4 .I _ ..} r o I_r• I T {{ Nrlr�i�, -.j 4s Y {� ��. � 1.. ,,
c l'� .} 4 : I X71 1 li, � � A� r W •L y � �i
� '�
5�� . dTti , �1f � '•11 ,' i2' �r. Ir. _ '^'� : } Y .. — i h . '. I ��' + i
' - P� + }�', - �1��'r�`' - ^�7� •4 � { �[�' l��i ,�,� .�@P' �. �� � �4� �� • "� '..�.r.M' ti - -
� � ��''� i.'rL_.. �' � Y ' .li � -`�i1 � L � - ' -.J -�' ' +.: ' Lam.' . +._
I
''#- •,'� .. r.: , Yr f _ ^ J [ `aa..rryypp � l'-R ,,� iG:'•h`
WJ'1' y,,L r , *i s M
L' . F r � • �.
4
t A�
s
Y 4 .7 +I ���.g��+hIlr i; x r:.•�1. +I +: •{�•' 4�ra - (Iv �.� k`:..
! wima ry
9p
imp
e
x
C
i
x
AGENDA ITEM # 8G
JULY 11, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Justice Assistance Grant
DATE: July 1, 2011
SUBMITTED BY: Michael D. Classe hief of Police
Justice Assistance Grants (JAG) are grants that have been established by the Federal
Government and administered by the State of Florida. Atlantic Beach has benefitted from
JAG grants for many years. The allocations for this grant must be approved by at least
half of the law enforcement agencies in Duval County. Based upon early discussions, it
appears that an Atlantic Beach request for $105,574 in funding will be approved. This
grant can be used to enhance law enforcement by supplementing existing nonfederal
funds for program activities, which may include the purchase law enforcement
equipment, or providing funding to retain law enforcement positions that have been
federally funded. This grant does not require any matching funds from the City.
A review of the police department's proposed 2011 -12 budget reveals that due to
decreased revenues, there will not be sufficient General Fund money to cover the salaries
for one (1) Community Oriented Policing (COPs) officer and one (1) Crime Suppression
Unit (CSU) Detective. Both positions were grant funded in the FY 2010 -11 budget. The
COPS officer has been dedicated to work in the Mayport Corridor and Royal Palms
initiatives. The CSU Detective plays an integral part in both of those projects as well. In
the absence of additional revenues, which appears very unlikely, these positions will
probably be eliminated. Staff recommends using a portion of the JAG funding to retain
these positions.
After funding these positions, there is $23,574 still available. Staff recommends utilizing
these funds to cover a portion of the Community Redevelopment Coordinator position.
Many times grants such as these are utilized to purchase equipment; however, given our
current budget dilemma, I contend that the most productive use of these funds would be
to retain our COPs position, the CSU Detective and a part time portion of the
Redevelopment Coordinator position to work on the projects which the City has
identified as top priorities.
The next step of the process for this grant is for the Police Department to apply for the
funding on -line and to submit hard copies of the applications with original signatures. For
this process, the City needs to authorize the Mayor to sign the related paperwork. The
City also needs to authorize Chief Classey to submit the applications on -line and have the
authorization to electronically sign the on -line applications on behalf of the Mayor. The
AGENDA ITEM # 8G
JULY 11, 2011
deadline for the on line applications is July 22, 2011 and the hard copy submission is due
no later than July 29, 2011.
BUDGET: This action will provide $105,574 in grant funding to be added to the
2010 -11 Patrol and Detective salary accounts to retain one (1) COPS officer position and
one (1) CSU Detective position which will otherwise lack sufficient funding in the
General Fund salary budget. This grant will also be utilized to fund a portion of the
Redevelopment Coordinator position.
RECOMMENDATIONS: To authorize the Mayor to sign the related paperwork for
the applications and the subsequent paperwork related to the JAG grant. In addition, to
authorize Michael D. Classey to submit the applications on line and have the
authorization to electronically sign the on -line applications on behalf of the Mayor and
the City.
ATTACII E NTS: None
MA REVIEWED BY CITY
AGENDA ITEM # 913
11 Tn
1 e Cates Lifesaving Association JULY 11, 2011
PO Box 366 • Huntington Beach, California 92648 e Tel: 866 - FOR -USLA
www.usla.or
Chair June 14, 2011
Tony Pryor
Members
David Thompson
Gerry Falconer
Atlantic Beach Patrol
Soutlrenst Region
850 Seminole Road
Joe Pecoraro
Atlantic Beach, FL 32233
Great Lakes Region
Dear Mr. Thompson,
Scott Petersohn
South Atlantic Region
Congratulations on being approved by the Board of Directors of the United
DonRolRgio
States Lifesaving Association for meeting our recommended standards for
advanced lifeguard agencies. I have enclosed a certificate, which formalizes
DaveShotwell
this decision.
Mid - Atlantic Region
Kim T Yours is one of the many respected lifesaving agencies in America which have
Gut( oast Region demonstrated adherence to USLA guidelines. For a full list of these agencies,
Cathywiederhold please visit our website at: www.usla.or
Northwest Region
Dr. Peterwernicki Your certification is good for the period noted on the certificate. During this
MedicalAdwsor period, your organization remains certified so long as you maintain USLA
standards demonstrated during the certification process. If for any reason the
standards indicated in your application are diminished, the certification
becomes invalid.
We appreciate your participation and adherence to nationally recommended
guidelines for open water lifeguard agencies promulgated by the United States
Lifesaving Association. We commend you for your efforts and those of your
staff.
Sincerely,
7—
Tony Pryor
Pryor
Committee Chair
Committee Chair's Address: 3850 Sequoia Street ® San Diego, CA 92109 -6518
Tel: 858 - 581 -1221 ® Fax: 720 - 535 -3274 ® Internet: brewster @lifesaverl.com
AGENDA ITEM # 9B
JULY 11, 2011
F
zi
e y.r
`mss
0
u
i
f
i
c
r
�
-
_
�
I
s
L
r
.J
1
s
4
«I
u
1
e,