The URL can be used to link to this page

7-25-11 Agenda packetCITY OF ATLANTIC BEACH CITY COMMISSION MEETING July 25, 2011- 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of July 11, 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 Financial Report for June 2011, the Recreation Programs and Special Events Report for July 2011 and the Public Works and Utility Departments Project Status Report on July 15, 2011. B. Award the annual contract for HTH for Water and Wastewater Treatment Plants (Bid No. 1011 -17) to Allied Universal in the amount of $134 per 100 pound container. C. Award the annual contract for Sulfur Dioxide for Wastewater Treatment Plants (Bid No. 1011 -18) to Allied Universal at the bid price of $695 per ton. D. Extend the annual contract for Electrical Motor and Pump Repairs (Bid No. 0910 -11) for one additional year to Specialty Marine, Inc. at the current contract prices. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No. 95 -11 -103, Public Hearing and Final 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. 1 8. Miscellaneous Business A. (Public Hearing) UBE- 2011 -02, request from Oleg Cheberko and Eric Ordonez, d /b /a Flagler Diagnostic & Sleeping Disorder Center for a use -by- exception to permit a healthcare service provider of diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, to be located within the Commercial Professional Office (CPO) zoning district at 645 Mayport Road, Suite 2. (City Manager) B. Approval of bid for Baseball Field Reconstruction and Grass Infield Installation. (City Manager) C. Decision on Employee Health Insurance Plan and Cost Sharing. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Appointments to the Code Enforcement Board and Community Development Board (Fletcher) 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 22, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING July 11, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance Call to Order /Pledge Approval of Minutes 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 Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of June 27, 2011. Motion: Approve the minutes of the Regular Commission Meeting of June 27, 2011, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. (Commissioner Daugherty arrived at 6:03 p.m.) Item 913 was taken out of sequence and acted on at this time. 9B. Advanced Lifeguard Certification from U.S. Lifesaving Association. Mayor Borno read and presented Atlantic Beach Lifeguard Captain John Phillips and Lieutenant James McDaniels with an Advanced Lifeguard Agency Certification from the United States Lifesaving Association. Captain Phillips explained the new lifeguards go through a minimum of 100 hours of training before they can sit on the beach. He introduced Lt. McDaniels stating he has been their training lifeguard but is leaving to move to the Middle East. He thanked the Mayor. Mayor Borno asked how our lifeguards did in the competition. Capt. Phillips stated they sent two teams to the Jacksonville Beach Lifeguard Challenge and out of 16 teams they came in 4 th place and 12 place. He stated the competition teams did physical training in the mornings and on their lunch breaks, as well as after hours. He stated the teams are leaving on Tuesday morning to go to Myrtle Beach, NC to represent us at the regional competition and if they raise enough money they will send them to the nationals in New Jersey this year. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. July 11 2011 REGULAR COMMISSION MEETING Page 2 No one 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 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. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A, as read. Moved by Fletcher, Seconded by Daugherty. 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. 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. July 11, 2011 REGULAR COMMISSION MEETING Page 3 Mayor Borno read Ordinance No. 95 -11 -103 by title. Motion: Approve Ordinance No. 95 -11 -103 as read. Moved by Parsons, Seconded by Woods. City Attorney Alan Jensen stated this Ordinance came about at the request of Commissioner Daugherty and is an effort to make sure children cannot access tobacco type products, such as tobacco flavored candy. He stated those type of things will no longer be a self service sale, but will have to be purchased through the store clerk. He stated, at the request of Commissioner Parsons, it also included that various types of crack pipes be covered by the same regulation. Commissioner Parsons stated he believes this was well written and simplified and that Mr. Jensen did a good job on the Ordinance. Commissioner Daugherty stated this is an effort to provide for the general welfare and protection of our kids. Mayor Borno asked that staff notify Mr. Harrington, who brought this to the Commission's attention, so he is made aware that this is progressing. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business 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). Principal Planner Erika Hall summarized the use -by- exception explaining all previous tenants have had this same exception, the 4COP -SRX Special Restaurant License, which requires 51% food sales and 150 seats. Riddick Lynch, 86 Ocean Blvd., representing Poe's Tavern, stated this will be their second restaurant and explained their menu. He stated they are looking forward to being a part of the community. He stated they will not have a grand opening but expect to be opened in about a month. Motion: Annrovc UBE- 2011 -01, a request for use -b 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 Busi District at 363 Atlantic Boulevard. Moved by Woods, Seconded by Fletcher. July 11 2011 REGULAR COMMISSION MEETING Page 4 Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Commissioner Daugherty stated, after meeting with Mr. Lynch, he has zero doubt and is very excited about Poe's opening. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant Bid No. 1011 -07. Assistant City Manager David Thompson stated this is the second sewer rehabilitation grant this year. He stated this grant is related to funding made available by the Federal government due to damages from Tropical Storm Fay. He explained how the City demonstrated a connection between the storm and this project so we would qualify for the funds. He further explained the City also had to establish this was a low income area. He stated after going through the bid process, Jacksonville told the City that we had to rebid the project due to some technical issues and pointed out that a representative from Jacksonville was in the audience to answer questions the Commission may have. He stated staff has come back to the Commission with a recommendation to rebid the project. Commissioner Daugherty stated he understands the reasoning for the requirements of having people from the community working on the project but given that this is such a specialized project he stated it is hard to find companies that do this work or who can hire the average person to do this work. He stated if we have to rebid this project it will cost us several thousand dollars in manpower and we also take a chance of those bids coming in higher. He asked if, in this circumstance, there was any way to get a waiver from this. Reggie Walker, City of Jacksonville, stated due to the nature of the funding there are specific guidelines they must abide by. He stated if they do not abide by those guidelines, the nature of the funding will go back to the government. He stated he understands the issues with going out for rebid. He stated they made every effort to try to work with three contractors that initially bid the project. He stated one was not willing to do the Section 3 compliance, another was unable to put together a team for Section 3 compliance and another (Miller Pipeline) was willing but his bid was the highest of the three. He stated they can award a bid if it is within budget and that particular bid was within budget and met all the compliance requirements. Commissioner Fletcher asked how they would reword the specifications so the bids we get will help the respondents comply with the Section 3 requirement. Mr. Thompson stated they have discussed having a mandatory pre -bid meeting and having Mr. Walker there to explain the requirements step by step with all of the vendors. Commissioner Fletcher asked if the reason we would withhold awarding the bid to Miller Pipeline was that the Section 3 compliance wasn't clearly explained in the bidding process or July 11 2011 REGULAR COMMISSION MEETING Page 5 specifications. Mr. Thompson stated there was some confusion as far as the interpretation of those things and no one was there from Jacksonville to answer questions. He also stated he believes going from $140,000 to $175,000 is a big jump without rebidding and opens the doors to a lot of problems. Commissioner Woods asked Mr. Thompson to clarify that those that bid before could still rebid. He stated that was correct. Mr. Walker stated it would also open up the opportunity to other bidders. Commissioner Woods asked what percentage of the work that needs to be done in Donner does this project represent. Ms. Kaluzniak stated this will pretty much finish Donner. She stated there is a little bit more and if they had more money they could completely finish Donner. She stated there is about 10% more work left. Commissioner Woods asked if they used the money from the grant and the City paid for the remaining 10 %, could they put that all out to bid at the same time. Ms. Kaluzniak stated we could, but we didn't have that money in the budget, which is why when she designed the project she did an estimate of what she thought would come in. She stated, based on the low bid, they probably could have done the whole project. She stated she didn't want to go over budget and have to spend City money that wasn't budgeted. Commissioner Woods asked if we could add the rest of it as an add alternate. Ms. Kaluzniak stated that would be something they could do. Mr. Hanson stated to do that would require a budget amendment from the Commission because they do not have the funds presently budgeted in our capital accounts to do any more work this year. Mayor Borno stated one of the regulations was that if the bid came in 16% over, it could be awarded. He asked if they put out the bid for the project with the additional people to be hired as an alternate and if the alternate came in at 16% greater expense to hire the locals, would that allow the award or would that still be a trigger. Mr. Walker clarified that the evaluation of the bids is based on a percentage, with 50% based on the lowest bid and 50% based on other criteria involved with compliance. He stated when they bid out the project the first time none of the bids that came in were responsive. He explained they tried to make it work by contacting all the other vendors, but that didn't work out, which is why they need to rebid it. Mayor Borno stated he was suggesting an alternate for the labor being hired locally so when they bid that it would give us a dollar factor for all three companies to bid local labor. Mr. Walker stated since it will be a new bid it will be a brand new evaluation. Commissioner Daugherty asked for clarification that the total grant was $178,000 and we aren't spending our money, we are spending federal money from the grant. Mr. Thompson stated that was correct, it is not general funds, it is federal money. Commissioner Daugherty asked, if there was money left over from the $178,000, does the City get to keep it. Mr. Thompson stated no, we do not, but we have looked into expanding the project to the whole $178,000. Commissioner Daugherty stated he believes we might get into a situation in a rebid where the bidders may come back with a higher price. Discussion ensued. Commissioner Parsons stated in the future they need to make sure everybody understands the rules on grants like these. He stated he is confused about what happened that they did not understand and how they can stop that in the future. Mayor Borno stated this time they will have Mr. Walker present so everybody in the bid prequalification will understand all the issues before they finalize their bid. Mr. July 11. 2011 REGULAR COMMISSIO MEETING Page 6 Walker stated that was correct and added that in the process of evaluating the three bidders they did present a lot of options. He stated when it goes back out to rebid all of these various options will be presented to all the bidders. Commissioner Daugherty asked if it was made clear in the packet given initially for the bid that they would have to meet the requirements. Ms. Kaluzniak stated everything was in the bid package in writing but Mr. Walker had not been hired yet and no one from the City of Jacksonville showed up, even though they were scheduled to, to explain verbally during the pre -bid meeting the meaning of these regulations and what was in the package. She stated they will make sure Mr. Walker or someone from his office is at this pre -bid meeting to explain what is required and ways they can meet these Section 3 requirements. Discussion ensued. Ms. Kaluzniak stated the problem she has with giving this bid to the Miller Pipeline is because questions were asked after the sealed bids were opened, which is almost like negotiating with bidders after the bids are opened. She stated that third lowest bidder (Miller Pipeline) had $35,000 of wiggle room to add things to his bid and it didn't seem legal to her. Mr. Hanson stated, as he understands it, all of the bidders indicated they would not comply with Section 3. Ms. Kaluzniak stated when the bids were submitted, none of the bidders were compliant, in writing. Mr. Hanson pointed out that this would be a change to the bid. Ms. Kaluzniak stated that was correct. Mr. Hanson stated that would give him cause for concern for bid protest. He stated if the third lowest one had stated in the bid that they would comply, that's one thing, but if this is a change from what they submitted at the bid opening, he believes we would be leaving ourselves open for a bid protest. Motion: Reject all bids for the Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Project and re -bid the project. Moved by Woods, Seconded by Fletcher. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1- Daugherty MOTION CARRIED C. Actuary reports for Police and General employee retirement systems. Finance Director Nelson Van Liere explained the delay in receiving these reports was due to the Pension Board deciding to do evaluations of the assumptions used, which they wanted completed before so they could use the new assumptions in these reports. He also stated it was held up further because the State made us aware of a change in the way they determine how much the City needs to pay. He stated the State is now saying there is a minimum contribution calculation based on the percentage of payroll and the actual payroll at the end of the year. He stated, for these reports, the dollar figures that are here are to be the contributions that we will make and what we have in our proposed budget for next year (2012), but they will probably be tweaked at the end of July 11 2011 REGULAR COMMISSION MEETING Page 7 the year after the financial statements are done and adjusted up or down, depending on how actual payroll computes with percentage of pay. Mr. Van Liere summarized the highlights of the actuary reports for the police and general plans, stating the City will have to contribute $998,000 (24.53% of payroll) for the general plan and $540,000 (31% of payroll) for the police plan. He stated this is an increase of $275,000 for the general plan and $141,000 for the police plan. D. Rehabilitation of Well No. 1 at Water Plant No. 1. Public Utilities Director Donna Kaluzniak explained the Commission approved having Williams Industrial do the rehabilitation of our well at Water Plant No. 1. She stated, however, their legal department wasn't comfortable extending the same terms and conditions to us for a $40,000 project as they extended to JEA for their $20 million contract. She stated their function was to be the coordinator between the subcontractors, so she asked our annual contractor, Gruhn May, if they would be willing to do the coordinating between the same subcontractors, same project, and be willing to accept the liability under his insurance. She stated they were willing to do that so she is bringing that to ask the Commission to change the vendor from Williams Industrial to Gruhn May Inc. to do this same project. She explained, although she stated it was the same price, Gruhn May has offered to do it for $39,000. Motion: Authorize Gruhn May, Inc. to complete the Rehabilitation of Well No. 1 at Water Plant No 1 in an amount not to exceed $39,999.29 and authorize the City Manager to sign the contract. Moved by Fletcher, Seconded by Woods. Commissioner Woods asked whether the City was required to bid this out. Ms. Kaluzniak stated it would be very difficult to bid this because it is almost like a proprietary method that JEA has been doing for the last several years and it is difficult to write it into specifications that are real concrete for contractors to bid on. She stated we are using our annual contractor, who is using his hourly rates and wages. Commissioner Daugherty stated, as a point of order, he believes the motion should be amended to state $39,000 rather than $39,999.29. Commissioner Fletcher stated he just read it from the recommendation but will amend it. Motion: Amend Motion to change the $39,999.29 to $39,000. Moved by Fletcher, Seconded by Woods Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno called for a vote on the Motion as amended. July 11, 2011 REGULAR COMMISSION MEETING Pate 8 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Ms. Kaluzniak, stating that was a very economical, practical thing that she brought forward to the Commission and it will be applicable to the rest of our wells in the future. Mr. Hanson agreed, stating we have just finished the installation of a new well for over $800,000 in cost, so if you can rehab an old one for $40,000 it seems like an excellent investment. He stated Ms. Kaluzniak was tenacious in finding a vendor and she has their appreciation for saving the City a lot of money. Ms. Kaluzniak stated the only additional cost would be ordering the chemicals, which will be ordered under JEA's contract. She stated the cost is about $10,000 and is under the amount the Commission needs to approve. E. Authorizing execution of agreement for legal services related to labor issues. Motion: Approve the attached representation agreement with John Dickinson and his firm and authorize the City Manager to sign it. Moved by Fletcher, Seconded by Parsons. Commissioner Woods asked if this was the only attorney who was contacted to fulfill this service for the City. Mr. Jensen stated no, there were several others contacted. Commissioner Woods stated when there are multiple agencies or people considered for a position and the committee eliminates possibilities without bringing it to the Commission, that is not in accordance with the Sunshine Law. Mr. Jensen stated when we need the services of an outside attorney, under the Charter and the Code, he can recommend who that would be and get them onboard. He explained this is more of a longstanding opportunity for the people in the City to have onboard a labor and employment lawyer to call with questions about labor matters. He further explained why he recommended Mr. Dickinson. Commissioner Fletcher asked how his rates compared with the former labor attorney. Mr. Jensen stated they were relatively the same. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. TMDL Wastewater Compliance Project — Wastewater Treatment Plant #1 Sludge and Odor Control Improvements — Bid No. 1011 -16. Mr. Hanson explained this has been brought to the Commission previously to authorize the design of the sludge improvements and odor control, the design was completed, and the bids were sent out and opened. He asked Ms. Kaluzniak to give her presentation. July 11, 2011 REGULAR COMMISSION MEETING Page 9 Donna Kaluzniak gave a slide presentation and explained the project need, project summary, project cost, cost savings, and benefits. She stated her recommendation was to award the contract, including the Additive Alternates 2 and 4, to the low bidder, WPC Industrial Contractors, LLC, and to allow 10% of the base bid to be encumbered as a contingency. She further explained what encumbered funds are. Mr. Hanson added they should think of a contingency as carrying over the budget into the next fiscal year, so if things come up, they will have the money budgeted for this project. Commissioner Fletcher agreed, stating this is really a budgetary mechanism, it's not that they are giving them a checkbook with $215,000 to write checks from. Commissioner Parsons stated this was something the City Manager came up with and he believes it is a great idea to put the contingency outside of the bid. Commissioner Woods asked what was the life expectancy of this system. Ms. Kaluzniak stated it is about 20 years. Commissioner Woods asked if the savings Ms. Kaluzniak explained are over what we are spending today. Ms. Kaluzniak stated we are not paying the tipping fees right now, but if we had to pay those tipping fees on all the sludge we are going to generate with our new system, without the sludge system, we would probably be paying about double that. Mr. Hanson further explained the Interlocal Agreement with the City of Jacksonville clearly states when Jacksonville charges the cost of refuse collection and disposal to their citizens by a direct monthly garbage fee rather than through taxes, then the people in Atlantic Beach and Neptune Beach have to pay a fee for the use of the landfill. He stated he believes within the next couple of years, it will be inevitable. Discussion ensued. Commissioner Woods asked if we don't do this would we still meet our TMDL requirements. Ms. Kaluzniak stated we would still meet the TMDL requirements but will be pretty much maxed out on our dewatering system because we will be producing almost twice the amount of sludge. She also explained with a mechanical dewatering system it doesn't matter what the weather is and when it dewaters it does it about twice as good as what the drying beds do. Ms. Kaluzniak also pointed out that when our population starts to increase and we start getting more flow, we may be in a position that we won't be able to keep up with our sludge production and when you can't keep up with sludge production, you can't meet your regulations at that point. Commissioner Woods stated the census has our population down by about 1,000 from ten years ago and she doesn't see any big predictions of increased population any time soon. She asked when would our production/flow increase enough that we would see a big change to warrant spending $2.2 million to take care of it. Ms. Kaluzniak stated she could not answer that question, because she does not know what the future holds as far as the economy. She stated she believes this is the right time to do this because we are not going to see prices like this again, the economy is down and bids coming in are very good. She stated if we waited three years to do this, she could not guarantee we could get pricing like this. She further stated DEP has given us authority to incur cost on this project at a low interest rate and she does not know whether those funds would be available several years from now so we might have to use other funding at a higher interest rate. Commissioner Woods asked what would the flow increase have to be before we would need this system. Ms. Kaluzniak stated it would not be much because we will be almost doubling our sludge production. Mr. Hanson stated, tying this back to the strategic discussions, the next big thing that is going to happen is the Navy carrier coming and a lot of the reason housing is down here at the beaches is due to the July 11. 2011 REGULAR COMMISSION MEETING Page 10 Kennedy leaving with 2,500 employees and their families. He stated although the Navy is telling us it will be here by 2019, our congressmen are saying they would like to see it earlier. Mayor Borno pointed out that it was indicated at a recent meeting that the repair facility for the Navy will be increased by 300 persons very soon. Commissioner Daugherty stated, if you take out the tipping fees, on a 20 -year life cycle we are breaking even. If the tipping fees happen as expected, then we are making about a 100% return. He stated what needs to be considered are the electrical savings and the reduced transportation costs, so our savings now probably will be greater in the future. He expressed concern that we only had two bids and asked why that was. Ms. Kaluzniak explained she believes a lot of people were scared off because we did have a contractor on site already and they felt they would not be competitive and did not want to spend their time submitting a bid. She stated it doesn't matter whether there are 100 bidders or two bidders, the bidder knows there are others bidding against them and they will give it their best shot. Commissioner Daugherty stated besides this being a good investment, it is also a very green thing to do as we are saving gas, electricity, reducing smell and he believes this is another place where Atlantic Beach is setting an example for the rest of the beaches. Commissioner Fletcher asked for clarification that the volume of sludge is actually doubling once we come on line with this. Ms. Kaluzniak stated it would just about double. Commissioner Fletcher stated this is a major infrastructure project and we want it to be state of the art. He asked if we are financing this out of the utility fund. Ms. Kaluzniak stated we are paying for it with the DEP's State Revolving Fund loan and the money to pay the loan off will come from the utility fund. Commissioner Fletcher asked if this project will require any utility rate increases. Ms. Kaluzniak stated no. Commissioner Fletcher pointed out that was due to the other project coming in so far under what we budgeted, to which Mr. Kaluzniak agreed. Mr. Hanson also pointed out that it was also because the financing rates came in lower by virtue of the State Revolving Fund loan. Motion: 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. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED G. Justice Assistance Grant. David Thompson explained these grants are federal funding that comes through the State. He stated the allocation to Duval County this year is about $444,000 and various policing agencies in Duval County get together to determine how that money is going July 11, 2011 REGULAR COMMISSION MEETING Page 11 to be allocated. He stated Chief Classey was able to get the approval for $1 05,574 for Atlantic Beach's share of that this year. He explained Chief Classey recommended a portion of the money be used for the salary for one COPS officer and one Crime Suppression Unit (CSU) detective, both of which are currently grant funded, with the remaining going toward the Community Development Coordinator position. He stated they need the approval of the Commission to complete the online application and the authorization to electronically sign the applications on behalf of the Mayor. Motion: Authorize the Mayor to sign the related paperwork for the applications and subsequent paperwork related to the JAG grant. In addition, 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. Moved by Woods, Seconded by Fletcher. 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 the City received notice of a suit appealing the Commission's decision on denying the variance from the Wolfsons. He stated the City has insurance to cover the legal cost of defending the suit up to $100,000 and the case has been referred to the insurance company attorney and Alan Jensen will be monitoring the case closely. Reported the latest alcohol deployment, which was held jointly with the State Department of Alcoholic Beverages and Tobacco, checked 12 businesses with two selling to minors, the Walgreen's on Mayport Road and the Chevron station. He stated the Chevron has sold alcohol to minors a lot of times in the past and this time they found that the clerk running the store had overstayed his visa by 8 years so he was arrested and is being held for deportation. He stated, in his opinion, the Chevron station is an example of a business that clearly deserves to have their license to sell alcoholic beverages either suspended or revoked. B. Advanced Lifeguard Certification from U.S. Lifesaving Association. This item was taken out of sequence and acted on earlier in the meeting. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Mayor Borno noted Commissioner Daugherty had passed out a report to the Commission to take home and read. July 11 2011 REGULAR COMMISSION MEETING Page 12 Commissioner Woods Reported on the redistricting hearing she attended today. She stated they have made it very easy to interact with this process online and recommends everyone go online and do some research. Asked how the City could help facilitate the CDBG hiring in the Donner Park area. Stated she is not sure what avenues there are for us but would like to investigate that. Commissioner Daugherty • Stated if the Commission has not met with George Foster regarding tomorrow's workshop he recommends they do so. Stated the handout was some of the results from his meeting with Mr. Foster and wanted the Commission to have this information before the meeting tomorrow. He stated it is not going to be an easy meeting and they will have to do things they don't like or want to do, but it has to be done. • Welcomed the three candidates in the audience who are running for office. Commissioner Parsons Recommended the Commission meet with Ms. Kaluzniak if they have questions about the wastewater treatment plant. He stated he met with her and she is a great source of information. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:50 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk City of Atlantic Beach FINANCIAL REPORT JUNE 2011 Cash Balances Prior Current Dollar Fund(s) 05/31/11 06/30/11 Change General $6,591,066 $6,155,306 ($435,760) Tree Replacement 3,989 3,509 (480) Convention Development Tax 66,574 138,102 71,528 Local Option Gas Tax 50,044 20,807 (29,236) Better Jax 1/2 Cent Sales Tax 246,571 208,827 (37,744) Police Training, Forfeiture, Grants, etc. 147,487 133,575 (13,912) Community Development Block & ARRA Grants (7,325) (5,113) 2,213 Debt Service 53,241 54,853 1,612 Capital Projects 2,032,132 2,035,869 3,738 Utility 3,574,488 3,354,129 (220,359) Sanitation 699,775 714,829 15,054 Building Code Enforcement 49,594 44,245 (5,350) Storm Water 1,175,370 1,205,692 30,322 Pension - Police 22,299 8,573 (13,726) Pension - General 73,424 91,861 18,437 Investments - Unallocated Gains (Losses) (63,632) (130,111) (66,479) Total $14,715,098 $14,034,954 ($680,144) Total Restricted Cash $7,747,744 Total Unrestricted Cash $6,287,210 Cash and Investments AGENDA ITEM # 4A JULY 25, 2011 Account Prior Current 05/31/11 06/30/11 Dollar Interest Change Rate Bank of America - Depository Federal National Mortgage Association Bonds US Treasury Notes US Treasury Notes Federal Farm Credit Bank Consolidated Bonds Federal Home Loan Bank Consolidated Bonds Pimco Mutual Fund Putnam US Government Mutual Fund Eaton Vance Government Obligation Fund MorganStanley SmithBarney AA Money Trust SBA - Florida Prime Cash on Hand Subtotal $2,984,725 2,040,588 1,148, 387 2,151,229 1,164, 786 0 2,075,554 2,089,167 0 1,057,424 288 2,950 14,715,098 $2,339,895 2,042,274 1,147,157 2,143,018 1,160,288 0 2,052,831 2,081,972 994,660 69,624 286 2,950 14,034,954 ($644,830) 0.300% 1,687 4.300%(l) (1,230) 4.625% (1) (8,212) 3.625% (1) (4,498) 4.875% (1) 0 4.300% (1) (22,724) 2.054%(l) Total $33,330,238 (7,195) 5.076%(1) 994,660 4.085%(l) (987,801) 0.010% (2) 0.230% 0 N/A (680,144) (1) Rate of return is 1.6% as of 05/31/11 (2) Rate of return as of 05/31/11 Rate of Return Police Pension Investments 6,705,983 6,645,682 (60,301) - 0.410% (2) General Pension Investments 11,909,157 11,773,484 (135,673) - 0.080% (2) Subtotal 18,615,140 18,419,166 (195,974) Total $33,330,238 $32,454,120 ($876,118) (1) Rate of return is 1.6% as of 05/31/11 (2) Rate of return as of 05/31/11 City of Atlantic Beach FINANCIAL REPORT JUNE 2011 Revenues AGENDA ITEM # 4A JULY 25, 2011 Annual I YTD - 75% YTD Dollar Fund / (Footnote) Estimate of Estimate Actual Variance Percent Variance General (1) & (3) $11,515,549 $8,636,662 Convention Development Tax 264,857 198,643 Local Option Gas Tax 463,523 347,642 Better Jax 1/2 Ct Sales Tax 658,424 493,818 Police Training, Forfeiture & Grants, etc. 185,917 139,439 Grants (2) 647,352 485,514 Debt Service 68,650 51,488 Capital Projects 903,000 677,250 Utility (3) 19,061,825 14,296,369 Sanitation 1,837,500 1,378,125 Building Code Enforcement 317,850 238,388 Storm Water 669,124 501,843 Pension - Police (4) 964,726 723,545 Pension - General (4) 1,522,969 1,142,227 $29,310,953 Total $39,081,266 $9,717,945 $1,081,283 12.52% 128,012 (70,631) - 35.56% 339,842 (7,800) -2.24% 478,660 (15,158) -3.07% 210,077 70,638 50.66% 33,288 (452,226) - 93.14% 51,987 499 0.97% 728,544 51,294 7.57% 8,789,484 (5,506,885) - 38.52% 1,358,625 (19,500) -1.41% 216,168 (22,220) -9.32% 515,558 13,715 2.73% 966,734 243,189 33.61% 1,969,649 827,422 72.44% $25,504,573 ($3,806,380) Analysis of Major Variances (1) The $1,081,283 positive variance in the General Fund resulted from having received 99.7% 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 $452,226 negative variance in the Grant Funds resulted from having expended 4.8% of the budgeted fiscal year to date amounts. All of these grants receive revenues when the related expenditures are made on the projects and a reimbursement request is filed with the granting agency. (3) The $5,506,885 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 13.2 %. (4) The $243,189 positive variance in the Police Employee Pension Fund & the $827,422 positive variance in the General Employee Pension Fund resulted from changes in the market values of the investments & realized gains from the sales of investments fiscal year to date. City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT JULY 25, 2011 JUNE 2011 Expenses Annual YTD - 75% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,260 $31,695 $30,402 $1,293 4.08% City Administration 2,522,102 1,891,577 1,776,240 115,337 6.10% General Government 986,780 740,086 455,653 284,433 38.43% Planning and Building 531,131 398,348 342,470 55,878 14.03% Public Safety (1) 6,105,153 4,578,867 4,228,000 350,867 7.66% Recreation and Special Events 392,160 294,120 281,261 12,859 4.37% Public Works (2) 6,751,017 5,063,263 4,362,815 700,448 13.83% Public Utilities (3) 19,695,451 14,771,588 10,140,190 4,631,398 31.35% Pension - Police 548,977 411,733 443,924 (32,191) -7.82% Pension - General 555,445 416,584 525,476 (108,892) - 26.14% Total $38,130,476 $28,597,861 $22,586,431 $6,011,430 Analysis of Major Variances (1) The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, the seasonality of the Lifeguards and limited expenditures on the capital items budgeted. (2) The positive variance in the Public Works department resulted from: only 8 of 9 monthly payments have been paid on the Advanced Disposal Services contract; retiring employees being replaced with employees at a lower salary; only .4% of the budget for the Stormwater Master Plan has been expended and limited activity on the various Parks projects funded from this source — see Project Activity Schedule. (3) The positive variance in the Public Utilities department resulted from retiring employees being replaced with employees at a lower salary and limited activity on the various projects funded from this source — see Project Activity Schedule. (4) The positive variance in the Operating Expenses is partially due to 53% of the budget for repair & maintenance and 62% of the budget for professional & contractual services has been spent City wide. Annual YTD - 75% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services (1) - (3) $9,406,095 $7,054,572 $6,525,822 $528,750 7.50% Operating Expenses (1),(2) & (4) 10,150,913 7,613,185 7,046,740 566,445 7.44% Capital Outlay (1) - (3) 13,985,055 10,488,794 5,248,625 5,240,169 49.96% Debt Service 2,137,906 1,603,430 1,704,224 (100,794) -6.29% Transfers 2,450,507 1,837,880 2,061,020 (223,140) - 12.14% Total $38,130,476 $28,597,861 $22,586,431 $6,011,430 Analysis of Major Variances (1) The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, the seasonality of the Lifeguards and limited expenditures on the capital items budgeted. (2) The positive variance in the Public Works department resulted from: only 8 of 9 monthly payments have been paid on the Advanced Disposal Services contract; retiring employees being replaced with employees at a lower salary; only .4% of the budget for the Stormwater Master Plan has been expended and limited activity on the various Parks projects funded from this source — see Project Activity Schedule. (3) The positive variance in the Public Utilities department resulted from retiring employees being replaced with employees at a lower salary and limited activity on the various projects funded from this source — see Project Activity Schedule. (4) The positive variance in the Operating Expenses is partially due to 53% of the budget for repair & maintenance and 62% of the budget for professional & contractual services has been spent City wide. City of Atlantic Beach FINANCIAL REPORT JUNE 2011 AGENDA ITEM # 4A JULY 25, 2011 Project Activity - Current Year Activity Only Project YTD YTD Project Name Number Budget Actual Balance Status Public Safety Lifeguard Building Roof Replacement Police Building Renovation /Design /Construction LG0901 8,000 0 8,000 PS0504 431,491 285,271 146,220 439,491 285,271 154,220 Public Utilities: Replace Well at Water Plant #1 TMDL - WWTP #1 Design TMDL - Lift Station /Main Transfer Flow Ground Storage Tank Rehab - Water Plant #1 Collection System Inspection & Rehab Mimosa Cove Lift Station Upgrades Lift Station E Upgrades Well Rehab - Well # 1 @ Water Plant #1 Elevated Tank Rehab - Water Plant #2 Ground Storage Tank Rehab - Water Plant #4 Replace 2" Water Main - 11th Street Sewer Rehab - Sea Oats Drive TMDL Upgrade /Construction - WWTP #1 Valve Replacement - Davco & Clarifier Replace Equipment - PW Yard Station Plant Improvements - Master Plan TMDL Sludge /Odor Improvements Subtotal Public Works: Riverbranch Preserve - Kayak & Canoe Launch Howell Park Bridge Replacement Veteran's Park - Flag & Pavilion Dog Park - Hopkins Creek Gate at Dutton Island Lighting - Basketball Court Lighting - Security at Community Center Sod - Baseball Field Sod - South End of Soccer Field Parking - Paved Water Fountain - Russell Park Veteran's Park - Phase II - Stage Security Camera - Donner Park Veteran's Park - Phase II - Memorial Garden Royal Palms Design Royal Palms Stormwater Project Bulkhead - Ditch @ Cavalla Sidewalk & Curb Replacement Drain Line - Atlantic Blvd /East Coast Dr /Ahern St Subtotal Total Status Key A - Bid Advertised B - Bid Awarded C - Project Completed D - Design Completed E - Design Phase PUO304 287,018 212,550 74,468 PU0905 91,205 91,204 1 PU0906 1,708,709 1,493,266 215,443 PU1002 44,340 44,340 0 PU1004 27,788 27,789 (1) PU 1005 61,498 61,498 0 PU1006 48,183 48,183 0 PU1101 50,000 0 50,000 PU 1102 15,000 0 15,000 PU1103 40,000 0 40,000 PU1104 120,000 3,750 116,250 PU1105 300,000 286,727 13,273 PU1106 5,694,730 1,510,945 4,183,785 PU 1107 0 0 0 PU1108 40,000 0 40,000 PU1109 469,000 0 469,000 PU1110 2,263,667 115,751 2,147,916 I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year X - Project Cancelled E le C C C C E C I X I E • • • C C I D C C I 11,261,138 3,896,002 7,365,136 PM0804 268,306 7,609 260,697 PM1001 20,000 0 20,000 PM1006 72,063 71,643 420 PM1008 27,800 26,448 1,352 PM1101 20,000 0 20,000 PM1102 22,000 11,465 10,535 PM 1103 1,400 0 1,400 PM 1104 32,000 0 32,000 PM 1105 20,000 0 20,000 PM1106 50,263 0 50,263 PM1107 5,000 0 5,000 PM1108 50,000 41,634 8,366 PM1109 5,500 4,380 1,120 PM1110 0 0 0 PWO808 3,294 3,294 0 PW0905 507,129 507,129 0 PW1005 9,472 9,472 0 PW1101 25,000 14,734 10,266 PW1102 50,000 0 50,000 1,189,227 697,809 491,418 $12,889,856 $4,879,082 $8,010,774 I - Project In- progress N - Complete /Non - Capital R - Re- budget Next Fiscal Year X - Project Cancelled E le C C C C E C I X I E • • • C C I D C C I At 4 * ' � flix- 7 1 Ma ll 7 7 T iL :kz ffm%d=n&Mlr*l q - ;l ik iL Rk 1 W 1.9 .7 AGENDA ITEM # 4A JULY 25, 2011 cd N O .--I � p bA U a M O a O [� .--I Q O° i U O U O i. 0 .a U N V 'C a p C v y �O C' h Cd en c O n V O b y bb L M O 'd t, ° bA O O cd - 11 - a 0 nn ot cd tD o ° o o w E� c V .. O - V O bA W O 'd O p a v"" _ h s. .r O Z Cd tj o P4 V o o U a o o o a w o° o °° c°� U bb d b N O O O kn cd v ° kn o kn E a o o o t- �v� o o a cq3 'o •o a z ° o Cd � U N o ° o �p� z W a bio Y: > V H 4° ° ° a .N 0 0 0 . O O .1 U ,p ° �U'� o �.- W == E F F ° o i o a U d� o U A, b'w pq�U o c� o N Vic �a Z cd� oV Aa � � o u a rA H H 0 z .. 0 .. cd tD tD a a 3 W C,o q w U > cd o �� u w F U d w b °� II o II o II o II II a z U ti II HS �^ as as a aH� 0 0 ►^ w i^ U Q >U� U ODU OU U ODU sVU P4 0 o U 0 0 \ b cd 0 U z p II a, C3 -z o 3 w CID �� o 0 3 0 0 \ II w °�' `ti o u II ti� it C4 a II o o C , 3 � .o q .o ►I ii °' u z Q � � q q � � � a4 � � � 3 � � � � u . Q . AGENDA ITEM # 4A JULY 25, 2011 0 0 O U V b >C � a > v' C) ccd �D ;, P4 4 v 3 a s �N - d O Wo �Q H� o z �Qn Qn .SC 94 U U " � a bA a� ►� c7 W4 � ,� • o � � ti a v a sUU u Au u � z a o � O u l Q 4: O cl Ca ° k U Z �° +� cd O bA `l � o � 0 cl b 0 p o cry Z ° UC7 C70 Q bb a '3WAV QCd P q o -d ai c u A �p 00 AGENDA ITEM # 413 JULY 25, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Contract for HTH for Water and Wastewater Treatment Plants Bid No. 1011 -17 SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director DATE: July 7, 2011 BACKGROUND: The Public Utilities Department purchases HTH for disinfection at the water and wastewater plants. Bids were advertised and four bids were received: Item Est. No. Allied Universal Brenntag Mid -South Chemrite, Inc. Thatcher Co. HTH, 100# Containers 80 $134.00 $145.00 $126.00 $138.24 TOTAL ANNUAL $10,720.00 $11,600.00 $10,080.00 $11,059.20 The apparent low bidder, Chemrite, did not submit required documents regarding their security program, training and driver list. These documents are part of Homeland Security regulations that the City's water treatment plants must comply with. Therefore, Chemrite is considered non - responsive. The low responsive bidder meeting all requirements was Allied Universal. Costs are 9% lower than our existing prices. BUDGET: Funds for HTH are included in the Water and Sewer Treatment funds in the amount of $10,000 under account nos. 400 - 5502 -533 -5200 and 410 - 5508 -535 -5200. RECOMMENDATION: Award the annual contract for HTH to Allied Universal in the amount of $134 per 100 pound container. ATTACHMENTS: 1. Bid tabulation for Bid No. 1011 -17 REVIEWED BY CITY MANAGER: <Z�/ AGENDA ITEM # 4B JULY 25, 2011 4 c is A c v E F 3 v 3 m `o m� � o p N .0 t0 Q a 0 g � E U � . ° m U_ F V l C 0 U m c c Q A 0 0 N GI O/ C N 'O 'O E o N O x x x x x x x x x x 1C ° N ° Q N °�, pj o •o T Z V N N y N L 7 7 O O Z Z N W Z ti U ? 0 4 = x x x X x W a 'o Q o ° �, 0 o E o Z P o _ of w r� ea U W U y N � O O 0 O Z Z Z r 0 M 0 .o 0 0 X X X X X X X X X X X X o CR cm P C C ta L m d `o U j X X X X X X X X X X X X 0 M W 0 ti P fAl v Q y �a v c v o � +°• a`o Q o c L d E? o, ,g c c U 26 °- , Q d a v O c_ ° o o 4 s O E— ¢ CAE a a c C) c °' E H O= E ° E m 1 r> O w w W d U) U L 4 0 C c u. O Q. O F a u mod.. f�0 E o= T p` 0/ o e+ C >% 0L u o E y E ? G C 0 'O N c m E W c V C oy J p_ 41 e w E c r+ lQ e d 3 10 a .. c E 22 _L u LL E® Eoc c Uow E Q. O O ti . 0 Dl o N 2 7 T O lA O m c W C N 0 A O J U(1)L Q =U W h AGENDA ITEM # 4C JULY 25, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGE A ITEM: Sulfur Dioxide for Wastewater Treatment Plants Bid No. 1011 -18 SUBMITTED BY: Donna Kaluzniak, Utility Direc o DATE: July 7, 2011 BACKGROUND: Sulfur dioxide is used at the City's two wastewater treatment plants to remove chlorine from the effluent, per DEP requirements. Bids were advertised and two bids were received: Contractor Unit Price Estimated Quantity Total Annual Cost Allied Universal $695 25 Tons $17,375 Brenntag Mid -South $850 25 Tons $21,250 The low bidder was Allied Universal. This represents an 18% decrease from the current price. BUDGET: A total of $30,000 is budgeted for chlorine and sulfur dioxide in the Sewer Fund in account number 410 - 5508 -535 -5200. RECOMMENDATION: Award the annual contract for Sulfur Dioxide Bid No. 1011 -18 to Allied Universal at the bid price of $695 per ton. ATTACHMENTS: 1. Bid tabulation form REVIEWED BY CITY MANA AGENDA ITEM # 4C JULY 25, 2011 C a r c d E r m d I- d r m .c 3 m w M 0 m W � T ++ o N C ° m LL �O Q � 7 C 0 -� U B r 0 c 0 U is 7 C C Q MI co T 1 T 0 T L W L 7 O CD 1 O C R CD X X X X X X X X X X X X z N N N O7 co r tfT N C � C N m 1 _ ra E 0 d � 0 c V to 0 Ln G L Q O YY h In 5, X X X X X X X X X X X X Z a) N M C C r Q <' N d � Q a _m m N c 0 C C y O (D > a = V + N tm d E m = 3 r V N = D w = C ° <Q C O Y _ Q1 ad a m l) N ® D V ® C V = tm O E L 'O ® C C a F ` c a v n. m E m CL Q r C d 4N+ d E R C = tm CO) O ` fn v < ` V O r M C 0 N V 0 I— 0 0 0 0 4) 7, N m 0. m N r 0 0 in _ Q . W � U. c w c ° t F- g 0 `o v o o d v O a` N = (T O C d 0 m ' C N a� E c 0 o - L w d 2 0 ° ; 0 J9 O 0 N G1 2 41 s. 7 ' N v 0 m O O V 7 C N 0 (n 13 m c W a CO) a a J J 0 co to 13 Q CO) :3 w i- AGENDA ITEM # 4D PLY 25, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contract — Electrical Motor and Pump Repairs Bid No. 0910 -11 SUBMITTED BY: Donna Kaluzniak, Utility Direct (r DATE: July 8, 2011 BACKGROUND: On July 28, 2010, bids were opened for the City annual contract for Electrical Motor and Pump Repairs. The low bidder was Specialty Marine, Inc. They successfully met all bid requirements. This work requires specialized skill, experience and equipment. Specialty Marine's personnel have the required background, knowledge, experience and equipment. This contract was bid less than a year ago during the recession, and Specialty Marine's prices were 18% below the next lowest bid and 18% below that of the previous annual contract, therefore staff did not believe the City would benefit by re- bidding the contract at this time. City has spoken to Specialty Marine, Inc. regarding an extension of their current contract for one year at the current rates and they have agreed. As per Bid No. 0910 -11: "The City reserves the right to renew the contract for two additional one -year periods pending a mutual agreement between the City and the vendor, and a review of the contract performance by vendor for the previous year." The vendor has agreed to renew his contract, and staff has been pleased with the performance of this contractor. BUDGET: These services are used on an as- needed basis, and funding is included in the Water and Sewer Funds in the amount of approximately $90,000 under account numbers 400- 5502 -533- 3400, 410 - 5506 -535 -3400 and 410 - 5508 -535 -3400. RECOMMENDATION: Extend the annual contract for electrical motor and pump repairs for one additional year to Specialty Marine, Inc. at the current contract prices. ATTACHMENTS: 1. Letter of agreement to extend contract from Specialty Marine, Inc. REVIEWED BY CITY ANAGER: b // 1JU/ 21111 10:17 9042476403 SPECIALTY MARINE AGENDA ITEM # 4D JULY 25, 2011 July 8.2011 Mr. Mike Wham) spe6alty mari Inn, RE:. Extension of 13;d No, 09101.1 Dear Mr. Whalen: CITY OIF ATLANTIC, $rt AClr OVARTMENT OF PU61„ 1C WORI(S 1200 SAN1)P1PHR LANE ATLANTIC f31 ACH, FLORMA 32.233,43 18 Tr,LEPHONC: (904) 247 -5834 FAX: (904) 247 -,5343 SUNCOM: 552 -5$34 www,ro;lh.u5 As you are awarr,, the a, niial contract with i.he City of Atlantic Reach .for Electrical Motor and Pump Repairs expires August 31, 2.01 I. We would like to extend the contract for another year at the cUITC.nt prices, if this is acceptable to your company, If Qeceptable, [flsxse sign below and return to me by Tuly 14, 2011 so l call prepare a staff report for the City Cotlnm.ission' We look A«rword to recenl-.ite)t /] ing that we conthwe our contract with your compgny, Sit�ce��ely, 1, - )Utl.rla .l; al uznialc Utility Dircrctor SPECIALTY MA3UNF,, INC. AGREES TO EXTEND THE CONTRACT WITH THE CITY OF ATLANTIC BE AT THE PRWES SUBMITTED dN AMID NO, 0910 -11 FOR AN ADDITIONAL Y1[+CAR EFFECTIVE. SEPTEMBER 1, 2011. b Mike W.halcii l7 tie AGENDA ITEM # 7A JULY 25, 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, Hoffman 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 25, 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 25, 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 25, 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 11"' 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 25, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: UBE- 2011 -02, request from Oleg Cheberko and Eric Ordonez, d/b /a Flagler Diagnostic & Sleeping Disorder Center for a use -by- exception to permit a healthcare service provider of diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, limited to ten (10) beds, to be located within the Commercial Professional Office (CPO) zoning district at 645 Mayport Road, Suite 2. SUBMITTED BY: Erika Hall Principal Planner DATE: July 20, 2011 BACKGROUND: This request seeks approval of a use -by- exception to permit the applicants, who are licensed providers of healthcare services focused on diagnosis of sleep - related disorders, to relocate an existing office from the Palatka area to a suite in a professional office building located in the Commercial Professional Office (CPO) zoning district at 645 Mayport Road in Atlantic Beach. The basis of this relocation is an agreement with the US Department of Defense Military Healthcare System to provide such diagnostic services to the active and retired personnel of Mayport Naval Station and other area military installations, as well as the general public. Similar medical diagnostic and treatment services occurring under the auspices of a medical office would qualify as a permitted use within the CPO district. However, diagnosis of sleep - related disorders often consists of overnight stays. Though the definition of a clinic provides for the examination and treatment of patients, it specifically excludes overnight stays, whereas a hospital, by definition, "maintains and operates facilities for overnight care ". Hospitals are only permitted in the commercial zoning districts upon approval of a use -by- exception. The Community Development Board considered this request at their July 19 meeting, concurred with the staff recommendation and unanimously recommended approval with the addition of a ten (10) bed limitation on the facility, finding it to be consistent with the provisions of Section 24- 109(d)(3) and the definition of a hospital, as well as the commercial intensity as designated by the adopted Comprehensive Plan Future Land Use Element. BUDGET: No budget issues. RECOMMENDATION: Approval of UBE- 2011 -03, a request for use -by- exception by Oleg Cheberko and Eric Ordonez, d/b /a Flagler Diagnostic & Sleeping Disorder Center, to permit a healthcare service provider that conducts diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, limited to ten (10) beds, to be located within the Commercial Professional Office zoning district at 645 Mayport Road, Suite 2. ATTACHMENTS: Draft Community Development Board Minutes and application package. REVIEWED BY CITY MANAGER: July 25, 2011 regular meeting IN JIM dC 4 z, I Vel Vn Wa �)r ql.'. r I mo - wL. R IF P ,. �� it * �+ � r. � r 5�� ., .� Y � I�' � y �/r` ` ,. I' - r � , �� ... � -4 �/1 1. � i '� � I � �' I l : 1 fj��,' 1�1 1 �:1'- �'. - - i I } �� L r � f '49'd WAF1 4 1 kLM X& xj r'+ h t ++ .I r �' y" { r �! •, +,:� 7 `•r* !_ s 7 k' t . :; r l J i { ` �' t -., +' fdl. t"A t. 0 Pw *7- ?� `� L�,� }:r��ri '�i 7 .: 4 - A .: I' _# � I `. .I �� I� � 41 I L Pk Af. '1 1� 5 I II ' I .�: � I T 1 4 Yr rs 'I � 5' �4. `'." I 1 � k w� ,1 �• Wr f l..� F ' _` - �'5 �1* il�� 11 �'l l �rl: 'aL , ':� I� 4 }'} IC�.4' rYl,�. � '`Si .4�' p j' r 'tti'µ I - is l r ) � � I X' 1� . r l r. S - • r<`.; +r: [r t' s t4.: i d .r - _ T�� jki; TL:1-151k-4- d L t. 1A i I . %al -A 11: -'PA 4U s4:' L r { CAc�v7 f r r n 0 k !- -FR j) V - ' ' "' - k Q eL — Y. I I G_ r. �.. � .[' -��; ', '' �' ��4 1'•.I `.'I:�r. S�ti •: '5 1'.•�::Y ywm; -L I I... Mr , 'k A '1. :11 V I r A Aft '.' 'C,1 ? r" 7) 4 16 I I': o' L : 0 V PM AGENDA ITEM # 8A JULY 25, 2011 Draft Minutes of the July 19, 2011 regular meeting of the Community Development Board 45 Eric Ordonez (4721 East Moody Boulevard, Bunnell, Florida) introduced himself as co- applicant, 46 and stated that Flagler Diagnostic currently has two locations, the main office being in Bunnell, 47 and a second office currently in Palatka. He explained that ultimately, the desire is to build a new 48 diagnostic center, but currently there is a moratorium on the opening of new standalone testing and 49 medical equipment companies in the states of California, Florida and Texas, due to a federal 50 Medicare audit of billing practices. He noted there are 58 such affected companies in Jacksonville 51 alone. However, there is a provision that allows existing businesses to move a license to a new 52 address within the state. Mr. Ordonez said Flagler Diagnostic would be better positioned to serve 53 the local military population, if the Palatka office was relocated to Atlantic Beach. He then 54 introduced Clinical Director Randy Alvarez, who spoke more to the agreement Flagler has with 55 Department of Defense Military Healthcare System to provide testing. He explained that currently 56 there are only six (6) military installations throughout the country that have their own sleep 57 disorder clinics — Jacksonville NAS has a four (4) bed facility with two employees — and that 58 private clinics are crucial to timely evaluation of military personnel returning from deployment 59 and often suffering from post - traumatic stress disorder and night -time seizures. Further, it is now 60 mandatory that all personnel undergo pre - deployment testing. 61 62 Mr. Lambertson opened the hearing to public comment and with there being none, closed that 63 portion of the hearing and opened the floor to discussion by the Board. Mr. Parkes asked if the 64 service was exclusive to military personnel, or if it were open to the general public as well. Mr. 65 Ordonez said that the majority of patients were military personnel, but the Center also contracts 66 with most of the major insurance providers and provides services to the general public as well. 67 68 Mr. Elmore asked what capacity was anticipated, to which Mr. Ordonez replied the initial plan was 69 to start with four (4) rooms, with the possibility of running two (2) at all times, five to six nights 70 per week. Mr. Lambertson suggested that a limit be placed on the maximum number of beds 71 allowed, so as to maintain intensity compatible with the future land use and zoning. Ms. Hall 72 asked Mr. Ordonez how many rooms the site provided, and he replied that there were five (5) 73 rooms with the potential to increase that number to ten (10), looking to the future and the 74 probability of a nuclear carrier being assigned to Mayport. Mr. Lambertson asked what the 75 employee to patient ratio would be, to which Mr. Ordonez replied there would be one (1) staff per 76 two (2) beds. Mr. Lambertson verified that there is sufficient parking to accommodate a capacity 77 of fifteen (15), being five (5) staff and ten (10) patients, and Ms. Hall agreed there was more than 78 ample parking, noting more than thirty parking spaces on site. Ms. Paul, noting that most services 79 would be rendered overnight, inquired as to security. Mr. Ordonez said that an agreement had 80 been negotiated with the landlord to provide security measures such as outdoor lighting. 81 82 MOTION: Recommend approval to the City Commission of the requested use -by- exception 83 to permit a healthcare service provider that conducts diagnostic testing services, limited to 84 ten (10) beds, to be located in the Commercial Professional Office (CPO) zoning district at 85 645 Mayport Road, finding the proposed use is consistent with the definition of a hospital 86 and Section 24- 109(d)(3) of the Land Development Regulations defining the CPO zoning 87 district, and is compatible with adjacent properties and other properties in the surrounding 88 area; and, that approval of the request is in compliance with the requirements of Section 24- 89 63, governing the approval of uses -by- exception, and is not contrary to public interest and is 90 not detrimental to the health, safety and welfare of the general public. Moved by Mr. 91 Elmore, seconded by Mr. Parkes. Motion carried, 4 -0. Page 2 of 3 N �r 4 Y F I f , • 4 `I ■ 4 i J! 1 AL a� T 'j �L � �, -�� b�dY � �y��+; A')�i .�''[, '. .9�± _'�• j4 j 1 �� • ..•� i r r - �• �y +�� .+'may,, o '� ' � •t. �i 1•b t � 5 n.•1 } l. If �'.'.I� -[. ,r � � s �. r. L F l . ^� i• i F . Y ef•. :. �, �� 4'.1 :1a 4:- 1'I �ii:7�i IY �'' I i.; a -r '4 [ i .ttr'. � +#.��.... 1 �e�.. n7� ,� ^+ f _:;�;�• F_ I:. , <<i�IFht' L A�,: ,•a:' w tr `�j A` 17 Y 'L•, f - �' ill Yr i[ {.{ k'] Si{. I'. 'a t7 I. '.::' �.':� 7 i'' i 4 . �7 �� '� \ �. }j�G4 ". ^,. ► - -w 4�1 "'�ti'�'•'i•il Lk•� •. ¢1i1�'r,� #'rP 93: }�•'• A.# li J 7. .r.�'. 1i[ k�* i �" �f!� a r �` v �, ' r�. �, #ixr 1- - ry. {,' F:'.y► ww 1 Y- ay �Lr - alt .5. !� -;�? i'�x} _.6. ! x `' h! 4'er�S "• tJ�r �.�`'" - b} p ISis7+' l'._ _ ' �� 'TWf, / • .:' +•5 �J'J�JA -.. �iL�r Y �. 4 ' i v + 4 r{ - ri. ! L 'h ,h� ti ��y�a� •+l1 "• ; • . i [ Y, y�7', r•' I�F::.''r. ° �, V7' hF��r� I .L� '� ��# - ih'F - ( 4�.y .' ! fr..: � rn, .� n _ - Sk�� s '�•tk�r��li' - L _ .I }, u 6 r ►�.':�y�r; �r IE !'.: �..r r446 - I> ��:. iJr, it { �, i ,ur Y y,', tr:� � p - I �'. 9 L:-0F 1 ;'ti' ts: }7'_•a"• aj � i • rr y ! .y !' 'ia ;; v L h r. A 51` {�:q L * Y�''1, 1 yr• +: t aii WN .1h ' , ^1g �4 .- '�r'✓L Y ..I�' l �i, ��'}'., • ,��yy�' +�[�� M1 { "V�� 51F4 ! - 5 � 1 h• - •ii?1 r�' 1'r 5 r�• � r.�r + �� k !I.C.. Y C� xw I Ir ;: i ::M1 � i:,'y:'s'' : � "�!�ii��s 1' 1; • �f 1, 5 w[d. ry` f ' '+�*r' _ 7 •' z #Y r a^!F F; -!. l ,, ! -�- Y fl t '. I'Y {,' !r.• {.'i _ $l Ir •`;7 Y J 1Y Lr : {e v {. 'C = :�. r'n .��i.,. : �.� .1 1L \l'i r�� " 4• _ � jh� � 1� �� r ', -0[ x! Y: •A- Y' _' 71- .•h!�f .3 .S.... i .i ry'?a'1 ! c. : 5,., 4 5 t.t• .r ;5'�{,�,'r' }' 1,!y"�#'y+L� Vrn- � # • y `~I ,..i;f i l l " N� I �f.�} !i j'f Ii '� r 5 J 1�. W'l • S tr:ri .'11; - . _; aT =i . 4 .♦ I'rH:, �' i':mSl „r,. +' ^f'� F - S r I n V •�i..l L _ ' J�WI i _If' ri, :�¢.- -'+ � �� - k; .te F r� �a..7�J. '�L • '4� �'Ik -r �' vIIS �`V. . - � 4 � r 1 Ir 1r 1[�'ti � {, '{' I AGENDA ITEM # 8A JULY 25, 2011 Agenda Item 5.a. - UBE- 2011 -02 Flogler Diagnostic & Sleeping Disorder Center The Community Development Board may consider a motion to recommend approval to the City Commission of the requested use -by- exception to permit a healthcare service provider that conducts diagnostic testing services consistent with Section 24- 109(d)(3) and the definition of a hospital, to be located within the Commercial Professional Office zoning district at 645 Mayport Road, Suite 2, provided consideration is given to, and the applicant can successfully resolve any issues arising from, the following: 1. Approval of this use -by- exception is in compliance with the requirements of Section 24 -63, Zoning, Subdivision and Land Development Regulations. (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 catastrophe. There are no proposed changes to the existing patterns of ingress and egress. (2) Off- street parking and loading spaces, where required, with particular attention to items in (1) above. Parking will be consistent with previous demand, and may even be lessened by the fact that hours of operation will extend beyond those of other businesses occupying the same building. (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, from the use -by- exception being requested. The intensity of the proposed use is consistent with that of previous uses, and may even be less intense by the nature of testing (sleep disorders) to be conducted during evening hours. (4) Refuse and service areas, with particular reference to items (1) and (2) above. There are no proposed changes to refuse and service areas, as the proposed location is within an established professional office building. (5) Utilities with reference to locations, availability and compatibility. Utilities are available and established, as the proposed location is within an established professional office building. (6) Screening and buffering, with reference to type, dimensions and character. There are no proposed changes to screening and buffering, as the proposed location is within an established professional office building. (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. Signage will comply with the provisions of Chapter 17 and be consistent with other signs in the vicinity, as required by development review of sign permit application. (8) Required yards and other open space. There are no proposed changes to required yards and other open space, as the proposed location is within an established professional office building. AGENDA ITEM # 8A JULY 25, 2011 Agenda Item 5.a. - UBE- 2011 -02 Flagler Diagnostic & Sleeping Disorder Center (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. The proposed use is consistent with the intensity parameters of the Comprehensive Plan and is compatible with adjacent properties, according to definition of a use -by- exception for the CPO district. (10) For those properties within the commercial corridors, consistency with the intent of Section 24 -171, Commercial Corridor Development Standards. The proposed location is within an established professional office building consistent with development standards applicable at the time of construction. (11) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one area of the City. The proposed use is unique to this area and has the potential to fulfill an unmet need amongst the active and retired military community, as well as the general population. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. The nonconforming use of neighboring lands, structures, or buildings in the same zoning district, or the permitted uses of lands, structures, or buildings in other zoning districts shall not be considered as justification for the approval of a use -by- exception. MOTION BY TO RECOMMEND _ A D SECOND BY VOTE x 4i�* IL 141 KA -,X, Y V , ftx 7 o r ir r'r I4 r ��w� �.E '• I r F' ti r+ e S ' � +, �� ti �, Jf M% 'y . ' �.'ya J, •I ' I MF . I' -,' {;'•� � +'I • ��ti: f ��' -_r �+��r+��_ %if ri .ctii�,� [1• >;'!'��'. '�• T p ' •,' �i I1 !�. °`:. ` 7 ' {:�' �f' 1''� :'� � r ''If •� �' ._i� � Jr: 1 .. ! 3ry K': L' ;�� '� .,i .l rrl iY:'� * ��,.Yru . +.,}_. • } -'. r i:� ., r .. y[Y. , .�� " " r. '1'`i '. i .}. �: �I� �r � :•i.��,; I� i Y I^+ Ij ''� .1� "V. �i M, 1 ' I k' .`1 , i?�� Y II' "' .i+ I�� ".� i.'I �"fi• � F • ,+ r . ••' '. I' - , ' ! 'i I `1 � ��•�� 7 " i'I - .� tir I II , ��' �x i'�r�. e��i ' .r - + : ��, I f. r � , �"...'�? `S� �cl�'lic MAIL k 31 111 T -VAN M(P ""At �1, M. >' a LL� y- •tij•5'1 �r� y. �� ',, I r .� ;` vu r. tk �, 6TiV� k.� ? dr Y T ' Y� "'i"�,'~ �1fy7��' + � �4� •1' �• • 1�;' - d I �` ?+' � ,r. , s; ° •�>A;es rE 4 [�T1} ti '•�. ,{ toed& IV rk 4% lAW L i mmpkw-jd A 51' 4 ..:, -^ JS'�'F' � ��, J' ' ll , � ..•.fr .}��FF 4� r' �' �4_- ' M� '� ��'�i ,rr JJ�' i J OY. 've J. AGENDA ITEM # 8A JULY 25, 2011 Flagler Diagnostics And Sleep Disorder Center 645 Mayport Road Suite 2 Atlantic Beach, Fl 32233 Scope of Work: To provide the men and women serving in the United States military along with their dependents a diagnostic facility where testing for sleep disorders can be accomplished in the near vicinity of their Mayport duty station. Testing will be focused on sleep disorders such as sleep apnea, narcolepsy, and post traumatic stress disorder for personnel returning from service from the front line regiments, as well as servicemen currently stationed at Mayport Naval Base. Due to an 80% increase in sleep disorder claims in the military over the last 2 years, the military is experiencing severe back logs among personnel waiting testing. Only 5 military installations across the county provide this type of service to our military personnel Diagnostic testing can also be expanded to include bone sonograms, Dopplers, and abdominal ultrasound. By providing a venue within close proximity to Mayport Naval Station, we will be able to serve the men and women who serve us in one of the largest Atlantic Fleets in the military. Oleg Cheberko CEO /Flagler Diagnostic & Sleeping Disorder Center Eric Ordonez CFO /Flagler Diagnostic & Sleing Disorder Center AGENDA ITEM # 8A JULY 25, 2011 AHCA USE ONLY: File #: Application #: Check #: Check Amt: Batch #: HEALTH CARE CLNIC Under the authority of Chapters 408 Part II and 400, Part X, Florida Statutes (F.S.), and Chapters 59A -35 and 59A -33, Florida Administrative Code (F.A.C.), an application is hereby made to operate a health care clinic as indicated below: Pro vider/ I n f orma t ion A. Provider Information ® please complete the following for the health care clinic name and /®cation. Provider name, address and lele hone number will be listed on htt .YAvww.fioridahealthfrnder. ov/ License # (for renewal & change of ownership National Provider Identifier (NPI) Medicare # (CMS CCN) Medicaid # applications) HCC -8433 (if applicable) 1316186893 U4182A Name of Health Care Clinic (iF operated under a fictitious name, list that here) FLAGLER DIAGNOSTIC & SLEEPING DISORDER INC. Street Address 645 MAYPORT ROAD SUITE It 2 City County State Zip ATLANTIC BEACH DUVAL FL 32233 Telephone Number Fax Number E -mail Address Provider Website 386- 586 -6229 877 -537 -8123 l�- licensee Information ® please complete the following for the entity seeking to operate the health care clinic Licensee Name (may be same as provider name above) Federal Employer Identification Number (EIN) l FLAGLER DIAGNOSTIC & SLEEPING DISORDER INC. 861109360 Mailing Address or ❑ Same as above 1 4721 EAST MOODY BLVD. SUITE 104 I City State Zip - I RUNNEL FL 32110 Telephone Number Fax Number E -mail Address I 386 °586 6229 386 - 586-2887 ALLCITYHEALTH @CFL.RR.COM Description of Licensee (check one): For Profit Not for Profit Public ® Corporation ❑ Corporation ❑ State ❑ Limited Liability Company ❑ Religious Affiliation ❑ City/County AHCA Form 3110 -0013, Revised July 2009 Section 59A- 35.060(1), Florida Administrative Code Page 1 of 10 Form available at: http://ahca,mvflorida.com/Publications/Forms/HQA.shtmI FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION Property Appraiser - Property Details AGENDA ITEM # 8A JULY 25, 2011 BRENT INTERNATIONAL INC Primary Site Address 2693 SENECA DR 645 MAYPORT RD SAINT JOHNS, FL 32259 -2122 Atlantic Beach FL 32233 645 MAYPORT RD Property Detail Official Record I3ooklPacre 11923 -02419 RE # 171797 -0000 Tax District USD3 Property Use 1700 OFFICE 1 -2 STY # of Buildings 1 Legal Desc. 31 -13 38- 25 -29E ATLANTIC BEACH VILLA UNIT NO 02 5ubdivis on 03125 ATLANTIC BEACH VILLA It 02 The sale of this property may result in higher property taxes. For more information go to Save Our Homes and our Property Tax Estimator . Property values, exemptions and other information listed as 'In Progress' are subject to change. These numbers are part of the 2011 working tax roll and will not be certified until October. Learn how the Property Appraiser's Office values property Tile 9417 Value Summary_ SJRWMD /FIND Taxable Value School Taxable Value . 2 910 Certified 2011 %n Progress Value Method CAMA LAMA Total Building Value $570,561.00 $465,268.00 Extra Feature Value !' $10,833.00 ; $9,485.00 Land Value (Market) $225,882.00 $225,882.00 Land Value (Aa $0.00 $0.00 Just (Market) Value ! $807,276.00 $700,635.00 Assessed Value j $807,276.00 $700,635.00 Cap Diff /Portability Amt i $0.00 / $0.00 $0.00 / $0.00 Exernotions $0.00 See below Taxable Value . $807,276,00 See below Taxable Values and Exemptions — In Progress If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box County/Municipal Taxable Value SJRWMD /FIND Taxable Value School Taxable Value No applicable exemptions Total Units Value No applicable exemptions No applicable exemptions Sales History _ 1 0 0 Book /Page sale Date sale Price Deed %ns1Lwment Type code -- - - - Qualified Unqualified Vacant/Improved 11923 -02419 6/30/2004 $815,000.00 MS - Miscellaneous Qualified Improved 11328 -02298 8/29/2003 $100.00 MS - Miscellaneous Unqualified Improved 06637 -00213 1/4/1989 $535,000,00 WD - Warranty Deed Unqualified Improved Extra Features uv reacure Los Feature Description Bldg, Length Width Total Units Value 1 PVAC1 Paving Asphalt 1 0 0 13,200.00 $7,550.00 2 PVCCIr Paving Concrete 1 0 0 1,060.00 $1,094.00 3 FWDC1 Fence Wood 1 0 0 251.00 $733.00 i 4 FWDC1 Fence Wood 1 0 0 41.00 $108.00 i Land & Legal Land � Le al 9 LN Code , Use Description Z oning i Front ! \ACPO Depth Category Land Units Land Value LN Legal Description 1 1700 OFFICE 0,00 0.00 Common 34,751.00 $225,882.00 1 31 -13 38- 2S -29E j - — ATLANTIC BEACH VILLA UNIT NO 2 0,2 -- - _ 3 (' LOTS 1 2,21,22 B1 K 4 Buildings Building 1 Building I Site Address Element Code Detail 645 M ' Beach Atlantic c Reach FL L 32233 Exterior Wall 16 16 Tile /Frame Stucco Roofing Structure 4 4 Wood Truss Building Type 1701 OFFICE 1 2 STY Roofing Cover 3 3 Asph /Comp Shingle F— __J c Year Built 1987 Interior Wall 5 5 Drywall ? nns HAW11A' nns L Int Flooring 14 14 Carpet Type Gross Area Heated Area Heating Fuel 4 4 Electric Base Area 2635 2635 Heating Type 4 4 Forced - Ducted Base Area 2920 2920 Air Conditioning 3 3 Central Finished upper story 1 , 2920 2920 Ceiling Wail Finish 6 6 NS Cell Wail Fin Unfinished Storage 30 0 Comm Htg & AC 1 Htg & A/C Pkg Lobby Average 130 130 Comm Frame 4 4 D -Wood Frame Base Area 2635 2635 Canopy 60 0 Element Code Canopy 60 p Stories 2.000 Canopy 60 0 Bedrooms 1.000 i Baths 8.000 I littp:Happs,cQi. net /pao _]n•opei /Basic /Detail.aspx ?RE= 1717970000 7/5/2011 Property Appraiser - Property Details AGENDA ITEM # 8A JULY 25, 2011 Total 11450 11240 f Rooms / Units 15.000 j Avg Story Height 8.000 2010 Not=ice of Proposed jparty_Ta_xes (Truth in Millacie Notice axtnq DIstKjq Assessed Value Exemptions Taxable Value Last Year Proposed Rolled -back Gen Govt Beaches $807,276.00 $0.00 $807,276.00 $4,726.88 $5,512.56 $4,652,65 Public Schools: By State Law $807,276.00 $0.00 $807,276.00 $4,411.06 $4,315.70 $4,440.50 By Local Board $807,276.00 $0.00 $807,276,00 $2,167.35 i $2,016.58 $2,181,82 FL Inland Navigation Dist. $807,276.00 $0.00 $807,276.00 $29.93 $27.85 $30.35 Atlantic Beach $807,276.00 $0.00 $807,276.00 $2,737.65 $2,655.78 ! $2,655.78 Water Mgmt Dist. S]RWMD $807,276.00 $0.00 $807,276.00 $360.76 $335.67 $379.42 School Board Voted $807,276.00 $0.00 $807,276.00 $0.00 $0.00 $0.00 Urban Service Dist3 $807,276.00 $0.00 $807,276.00 $0.00 $0.00 $0.00 General Gov Voted $807,276.00 $0.00 $807,276.00 $0.00 $ $0.00 $ $0.00 _ Totals $14,433.63 $14,864.14 $14,340.52 Just Value Assessed Value Exemptions Taxable Value Last Year $867,635.00 $867,635.00 $0.00 i $867,635.00 Current Year $807,276.00 $807,276.00 $0.00 $807,276.00 Property Record Card (PRC) The Property Appraiser's Office (PAO) provides historical property record cards (PRCs) online for 1995 -2005. The PAO no longer maintains a certined PRC file due to changes in appraisal software; therefore, there are no PRCs available online from 2006 forward. You may print this page which provides the current property record. (Sections not needed can be minimized.) To print the past -year cards below, 2005 12004 1 2003 12002 12001 12000 1 1999 1998 1 1997 11996 1 1995 set your browser's Page Set Up for printing to Landscape. More Information arcel Tax Record I GIS Mao I Mao this property on G000le Maps I City Fees Record littp: // apps .coj.iiet /pao _propertySeat Basic /Detail.aspx ?RE= 1717970000 7/5/2011 4 ol Lr Id Hk ty " 4. 0 - _" r i # 4 TI It pi dV. Or pm AGENDA ITEM # 8B JULY 25, 2011 c 0 2 c V d! � CL 0 � M LL 1p �m C N � N � Q m C O V V = E a, c E CL a� c c D LO r r 0 m '" a o C7 W 0 N LO co . sU >v `m32 � w c O c O � r US� O H � � ;C C d N to U = O C C o O 2 0 0 0 } 3 v n LL -a v > o J L m d U cu fn C d LL a MWOR _ c V N m �, °; o a �► a V Q' F- w Y c 0 c s — E a�i cn W o LL o of U a) w I, J m O LL cm co c C ` m R CO o a - p m of s o I a 's CO U 0 0-1 ii ,r O a S '�O M ¢ '"' AGENDA ITEM # 8C JULY 25, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Employee Health Insurance SUBMITTED BY: George Foster, Human Resource Manager DATE: July 15, 2011 BACKGROUND: On July 12, 2011 the City Commission held a workshop to review employee health insurance options. At this workshop, two health insurance plans (attached) were identified by the Commission to be further considered at the July 25, 2011 Commission meeting. The first plan has two funding options with the second plan having one funding option. SUPPLEMENTAL INSURANCE POLICY: In addition to health insurance, the City has identified a Major Medical Complement insurance policy currently being provided to the employees of Jacksonville Beach and Neptune Beach through Allstate that will pay employee deductibles and co -pays with premiums based upon an employee's coverage and age. Although this is not the solution to the ever rising health insurance premiums, it is an option that we desire to provide to our employees on an optional employee paid basis. For example, an "employee only" annual $4,000 Hospital Confinement and a $2,000 Outpatient benefit, would cost an employee under the age of 40 approximately $17 per month and an employee over the age of 50 approximately $38 per month. FUNDING: If approved, funds for this action will be included within the 2011/2012 budget. ACTIONS REQUESTED: 1. That City Commission authorizes providing employees with an optional Major Medical Complement policy as provided by Jacksonville Beach and Neptune Beach. 2. That the City Commission advises as to what employee health insurance option is to be utilized effective 10 /01 /11 (see attached). CITY MANAGER: WIM ul AWL,! r4L Lil �, =P JL L . o# 77 I LI k-T 7 - — -",7 7 ifi� K 03 7- = ZV..l X 1 3 ME 0 J- M 71 AM On N - M - m W " - :1 i M - I � 3 M U -11. 1 � arl 7ZZ1A:* i rL. � - ftc 7 1 . 7. a Z I =1 E W764 pr ; a 7 �7 , vz��L� frIM 4 " - 4 4;QMMF= _5 AGENDA ITEM # 10A JULY 25, 2011 MINUTES Board Member Review Committee Meeting July 14, 2011 Call to order The meeting was called to order by Mayor Pro Tem John Fletcher at 5:00 pm. Those in attendance were Mayor Pro Tem John Fletcher (Chairman), City Manager Jim Hanson, Member Mitchell Reeves, Member Jim Smith, City Cleric Donna Bartle, Code Enforcement Board Vice Chair Veda Bernstein, Community Development Board Chair Chris Lambertson and Building Official Mike Griffin. 1. Approval of the minutes of the BMRC meeting of June 7, 2011. Motion: Approve minutes of the Board Member Review Committee meetinIz of June 7, 2011. Moved by Hanson, seconded by Smith Motion carried unanimously 2. Interview new candidates (listed below) New candidates: A. Jason Burgess (CEB and CDB) B. Benjamin de Luna (CEB) C. Patrick Stratton (CEB and CDB) Mayor Pro Tem Fletcher advised there are two vacancies to address on the Code Enforcement Board (CEB) and one vacancy on the Community Development Board (CDB). It was explained that Ron Pendleton's term will expire on September 30, 2011 and that he is not interested in reappointment. Mrs. Bartle reported that Ian Luthringer is currently an alternate for the Code Enforcement Board and is interested in being appointed as a regular member. She explained that if the Committee chooses to recommend appointing him as a regular member, then an alternate member would need to be appointed. She suggested that when they interview candidates ask whether they would also be interested in being an alternate member on the Code Enforcement Board. Mr. Lambertson disclosed that he was hired by Mr. Stratton to build his house which was recently completed. The Committee interviewed Mr. Burgess, Mr. de Luna and Mr. Stratton separately. The purpose of the interview and an overview of the duties and responsibilities of the Code Enforcement Board and Community Development Board were explained to each, including the requirement to file Financial Disclosure forms. Each applicant explained his personal accomplishments, goals and interests in the community. The Committee offered the applicants the opportunity to ask questions and the Committee responded to those questions. Mr. de Luna explained that he is also interested in the Community Development Board and asked that he be considered for appointment to either Board. 3. Discuss CDB applicants (listed above) and make a recommendation for one new member of the Community Development Board (CDB). After the interviews were completed, the Committee discussed each candidate interviewed. (The recommendation was addressed later in the meeting.) AGENDA ITEM # IOA JULY 25, 2011 Review the current member on the Code Enforcement Board (CEB) whose term expires on 9/30/2011 and interested in reappointment (listed below). A. Juliette Hagist The Committee discussed the attendance record of Ms. Hagist and Mr. Luthringer as well as their contributions to the Code Enforcement Board. 5. Make recommendations to fill two vacancies on the Code Enforcement Board. The Committee made the following recommendations. Motion: Recommend reappointing Juliette Hagist to serve an additional term on the Code Enforcement Board beginning October 1, 2011. Moved by Hanson, seconded by Reeves Motion carried unanimously Motion: Recommend appointing Ian Luthringer to serve as a regular member on the Code Enforcement Board beginning October 1, 2011. Moved by Bernstein, seconded by Smith Motion carried unanimously Motion: Recommend appointing Benjamin de Luna to serve as the alternate member on the Code Enforcement Board beginning October 1, 2011. Moved by Reeves, seconded by Smith Motion carried unanimously Motion: Recommend appointing Patrick Stratton as a new member to the Community Development Board to fill the unexpired term of Ellen Glasser beginning immediately. Moved by Fletcher, seconded by Smith Motion carried unanimously 6. Set agenda for next meeting Mrs. Bartle reported that the Committee will need to address membership on the Community Development Board in a few months since there are several terms expiring on December 31, 2011. The Committee agreed that Mr. Burgess should be invited back for another interview at that meeting. Adjournment There being no other business, the meeting adjourned at 6:15 pm. John Fletcher Chairman Minutes of the Board Member Review Committee Meeting on July 14, 2011 Page 2 of 2 CITY OF ATLANTIC BEACH AGENDA ITEM # l0A JULY 25, 2011 BO / COMMITTE E MEMER APPLICATION FORM MAR — 0 2010 Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. Offi of CRY Clark (A summary of each board/committee is available on page 2 of this form.) Code Enforcement Boards Community Development Board Pension Board of Trustees — Tree Conservation Board ! 7�.,. ,1 A<i `7 Dc• +:�••• A !' F1 i A F 1+ D �.t'iliuiu��vi. C ulllll -1 A LO areµ R, eal1%Jn rl �.v1i11iutta.a4i 1._rvaru lvleulver ire vre`v'v DATE: 316bo APPLICANT'S NAME: ADDRESS: Cc� ! t� �� J T� rit� � �� '3 7 � 3 3 DAYTIME PHONE: VA ) - (L I ` ` - 7 a 9 0 EVENING PHONE: 904 - 6 t 9 — 30 9 .— q E -MAIL ADDRESS: C i - :S 'TW (2' GA J , C FAX: Please explain any employment experience, board/ cor�?xnittee experience, and/or community volunteer experience relative to the board/committee applying for. Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. v 6 u /K e Please return completed form. to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE This application will expire two (2) years after date of submittal. AGENDA ITEM # I OA JULY 25, 2011 Below are some of my qualifications and reasons for wanting to serve: 1 have a strong interest in being part of a team that works to insure that Atlantic Beach maintains the outstanding quality of life and beauty for its residents. 1 have been very involved in many different levels within the communities 1 have lived over the years. 1 work well with people, am a team player, and 1 am effective at finding common ground that leads to quality solutions. 1 have a proven leadership record both as a military officer in the United States Marines Corps and as a sales leader and corporate executive. /see important work that needs to be done in the coming years for the Mayport road corridor, Navy base planning, and many city infrastructure projects. 1 believe with my military background and leadership 1 would make an ideal liaison with base commanders and a strong contributor to any board position. 1 am most interested in serving on the Community Development or Code Enforcement Boards as 1 see the broad reaching implications of development to our city. If the Mayor, City commissioners, and Board Member Review Committee appointed me as d member of one of these positions 1 would consider it an honor and would take the duties very seriously. Past volunteer work: Board of Directors for the American Heart Association, Austin Texas. U.S. Naval Academy "Blue and Gold Officer" recruiter /representative. Nativity Catholic School Advisory Board member. Nativity Catholic Church Pastoral Advisory Council member. Co -Chair for the Nativity Catholic Church raffle booth during Novemberfest, an annual fund raising event. Competitive youth soccer coach and age group coordinator for the Brandon Area Youth Soccer League. AGENDA ITEM # l0A JULY 25, 2011 Patrick Stratton 3616 1h Street Atlantic Beach, Florida 32233 904 - 619 -3094 Patrick.Stratton @Hotmail.Com Education United States Naval Academy BS Physical Science Annapolis, MD May 1987 Experience 4/09- Present 3/92 -3/09 11/98 -3/09 Hospital Corporation of America Vice President of Sales, South Atlantic Division Jacksonville, FL • Hired to build a sales organization for a division of 7 hospitals in Jacksonville up through the Myrtle Beach South Carolina area. • Responsible for developing, managing, and mentoring a sales team to fulfill customer acquisitions, retention, and growth strategies for the South Atlantic. • Direct and implement the business development of all key hospital service lines including Cardiology, General surgery, Bariatric surgery, Neurosurgery, Orthopeutics, and Oncology. • Direct the operational activities of the sales and customer service functions as they relate to key target physicians, employers, consumers, and payers. • Developed and manage physician provider networks to provide primary and specialty care to VA patients outsourced from the VA system. Pfizer Pharmaceuticals District Sales Manager Tampa, FL • Leader of a sales team of 10 to 12 sales representatives • Responsible for all aspects of running the sales organization • Responsibilities included retail, LTC, government, teaching institutions, and hospital • Noted as a top leader in the development and promotion of personnel • Strong hack record of sales success including numerous sales leadership awards; 5 time shopping spree award winner, multiple Passport to Paradise awards won, National Runner -up for company wide Situational Leadership Award (2" d out of 65), Run Through the Warehouse Award winner 2008, District of the Year Award 2004, Runner -up District of the Division 2004 and Vice President's Cabinet awards in 2004 and 2006 8/98 -11/98 Manager, Initial Training Department Rye Brook, NY • Responsible for all aspects of training and testing for new sales representatives • Responsible for all curriculum development and updates for products • Taught and coached new sales representatives in the art of selling skills • Received special recognition from senior company leaders during special assignment as sales force liaison for corporate council during 1998 Pfizer /Schering litigation 10/96 -7/98 Institutional Hospital Representative Sacramento, CA • At time of promotion in 1998 total sales were 494% of quota and Trovan sales (lead product) were 1142% of quota, both 1` in the region • Achieved 7 formulary acceptances within first 7 months • Increased total sales from last in the country (77 %) of quota to 123% by the end of 1997 • Finished I" in the region and 7 th in the nation for sales 1998 • Awarded Circle of Excellence 1998 (top 10% sales) • Voted District MVP by peers and manager 1997 AGENDA ITEM # 1 O JULY 25, 2011 3/92 -9/96 Professional Sales Representative Austin, TX • Responsible for product sales in both retail and institutional settings • Successfully launched many new products including Zithromax, Norvasc, and Zyrtec • Successfully achieved multiple formulary acceptances • Achieved numerous Representative of the Quarter Awards • Voted District MVP by peers and manager 1994 and 1995 5/87 -5/92 United States Marine Corps — Captain San Diego, CA 4/91 -3/92 Division Maintenance Management Officer • Managed maintenance programs for a Division with 28 major commands and over 20,000 Marines • Advised senior officers daily on equipment status and maintenance performance for the entire Division • Was responsible for the assignment of junior logistics officers throughout the Division • Reestablished maintenance procedures for equipment returning fi•om Saudi Arabia 10/90 -3/91 Purchasing Officer 0 Marine Division • Chosen to deploy to Saudi Arabia as part of the Commanding General's staff for Desert Shield/Storm • Purchased equipment and supplies on the open market to sustain I't Marine Division • Negotiated and coordinated with foreign vendors on equipment and supply contracts • Planned and executed the delivery of equipment and supplies to units on the front lines 12/89 -9/90 Officer -in- charge, Maintenance Assistance Team • Trained new maintenance management personnel, E -1 through E -4 • Made frequent visits to all Division units to ensure adherence to quality control procedures • Formulated policy to standardize maintenance procedures, resulting in an increase in productivity • Managed the implementation of automated programs throughout the Division 7/88 -12/89 Maintenance Management Officer • Responsible for professional and leadership training and development of 12 Marines under my direct command • Supervised the training programs for 169 tank and vehicle mechanics • Planned, organized, and coordinated all maintenance activities in a tank battalion account worth over $96,000,000 • Spearheaded the implementation of a timesaving, automated technical publications management system • Developed an extensive inspection checklist for quality control of equipment maintenance Other schools & Qualifications • Certified Medical Representative • U.S. Army Civil Affairs course • Marine Corps Legal Officer course • Landing Force Officers Logistics course honors graduate • Air Force Load Planners course ® The Marine Corps Basic School Activities & Affiliations • BAYSL soccer coach (7 years) • Nativity Catholic Church Pastoral Council • Nativity Catholic School Advisory Council • Naval Academy Blue and Gold Officer • Board of Directors, American Heart Association (Austin, TX chapter) AGENDA ITEM # I OA JULY 25, 2011 r �r Please check (�) the box beside each Board or Committee that you are applying to serve on. If you check more than one, please rank your interest in each board / committee by order of priority. (A summary of each board /committee is available on page 2 of this form.) 1 Code Enforcement Board Community Development Board 3 Pension Board of Trustees _2 Board Member Review Committee Cultural Arts and Recreation Advisory Committee DATE: 1 -29 -2011 APPLICANT'S NAME: Benjamin A. de Luna ADDRESS: 2361 Oceanwalk Dr. W. DAYTIME PHONE: (904) 247 -9864 E -MAIL ADDRESS: �de- luna- jax@comcast.net FAX: EVENING PHONE: Same Please explain any employment experience, board /committee experience, and /or community volunteer experience relative to the board/committee applying for. I was on the board of St Paul's Catholic School for a period of six years which dealt with a budget of over $1.5 million. I was president for three of the years leading a board of five other persons. I was also the treasurer and board member of L'Arche Harbor House which is comprised of Christ centered homes for the mentally and physically disabled adults. For the last 34 years, I had been administering and enforcing the tax laws of this country as an attorney /manager for the Office of Chief Counsel —IRS by providing the necessary legal advice to IRS agents. I led and reviewed a group of seven attorneys. As of January 1, 2011, I retired from the Office of Chief Counsel -IRS. I plan to continue consulting in the Federal tax area. As a result of these experiences, I think I have a strong background in law enforcement and finances. Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board /committee. See above for some qualifications. It has been at least 6 years since I was on a community board or committee and I want to again serve my community in this way. I believe I have the background for law enforcement and finances from my experiences as an attorney with the Office of Chief Counsel and from my prior board experiences. Additionally, I want to become more familiar with our city goven vent and its operation as I, at some future date, may consider running for Commissioner of Atlantic Beach.. Please return completed form to Donna L. Bartle, City Cleric, 800 Seminole Road, Atlantic Beach, FL 32233 PLEASE NOTE This application will expire two (2) years after date of submittal. AGENDA ITEM # l0A JULY 25, 2011 BENJAMIN A. DE LUNA'S QUALIFICATIONS *TMdCftYC12d9 2361 Oceanwalk Dr. West, Atlantic Beach Florida 32233 Day/ Evening: (904) 247 -9864 Career experience Investor /Tax Consultant /Seam- retired — January 2, 2011 to Present Office of Chief Counsel, IRS – Associate Area Counsel, Large and Midsize Business (10/2000 to January 1, 2011) Led a practice group of six to seven attorneys who had case inventories of 20 to 40 tax matters involving large taxpayers regarding a variety of corporate and partnership tax issues. Member of national hiring committee for Office of Chief Counsel (2005 -2008) ® Assisted exam teams in the presentation of a variety of corporate tax issues in Fast Track. ® Assisted exam teams in the presentation of a variety of corporate tax and partnership issues before Appeals. ® Assisted exam teams with CAP examinations. ® Lead counsel in case involving investment tax credit transition provisions. ® Tax Court issued a 100% favorable opinion in investment tax credit transition case. See Appendix A for cases that I tried in the Tax Court as lead counsel or co- counsel. Office of Chief Counsel, IRS – District Counsel, North Florida District, (5/1990 through 10/2000) • Led an office of two Assistant District Counsels, 19 attorneys, 3 paralegals and 12 support persons. • Each attorney had an inventory of 50 to 100 cases involving various individual (income, estate, gift and excise tax) corporate and partnership tax issues. • Co- counsel in Tax Court case involving off shore royalties which case tried over two trial sessions of month duration each. • Tax Court issued favorable opinion in the off shore royalty case. • Presented classes on Federal rules of evidence to Appeals officers in national training class. Office of Chief Counsel, IRS – Assistant District Counsel, Denver, CO District (5/1986 through 5/1990) ® Led and reviewed a group of seven attorneys and three support persons. Each attorney had an inventory of 50 to 100 cases involving various individual (income, estate, gift and excise tax) corporate and partnership tax issues. AGENDA ITEM # l0A JULY 25, 2011 • Presented various continuing professional education sessions to District Director's staff on such topics as tax fraud, Section 183 hobby loss and evidence. • Represented IRS in bankruptcy court in Colorado as Special Assistant United States Attorney. • Primary responsibility for a research and development tax shelter consisting of more than 100 individual Tax Court Cases. • Received a favorable opinion in tax shelter cases on a procedural matter raised by tax shelter investors. Office of Chief Counsel, IRS – Senior Tax Attorney, Denver, CO District (8/1978 through 5/1986) ® Advised and assisted IRS agents in the Denver District with the development of their audits involving individual, estate and corporate tax issues. ® Handled an inventory of 80 to 120 Tax Court cases involving various corporate and individual tax (income, estate, gift and excise) issues; the processing of these cases included preparing answers, conducting discovery, conducting settlement conferences, preparing for trials, trying cases, writing briefs and writing appeal recommendations. ® Advised and assisted the Department of Justice, Tax Division, in the defense of refund cases involving income and employment tax issues filed in the United States District Courts in the Judicial Districts of Colorado and Wyoming. Advised and assisted IRS criminal investigators by advising them in the developmental stages of their investigations, evaluating completed investigations for evidentiary and jury appeal sufficiency, and ultimately determining whether or not to refer a completed investigation to the Department of Justice for prosecution. Advised and assisted IRS revenue officers with U.C.C., real and personal property in Colorado and collection summons enforcements as well as bankruptcy code interpretation. Office of Chief Counsel, IRS – Associate Tax Attorney, Washington, D.C. (1/77 through 7 /1978) — Refund Litigation Division ® Advised and assisted the Department of Justice, Tax Division, in the defense of refund tax cases filed throughout the United States in the United States District Courts. The cases involved various issues involving income, gift, estate and employment tax law. Education University of Denver, College of Law (1973 -1976) ® JD –August, 1976. University of Texas at El Paso, TX (1969 -1973) ® BA in Business Administration with accounting emphasized – August, 1973. Office of Chief Counsel -IRS AGENDA ITEM # l0A JULY 25, 2011 ® Attended a myriad (over 450 hours) of continuing legal education courses regarding taxation 1978 — 2007. Professional Licenses and Memberships ® Colorado Bar, October, 1976 Tax Court, July, 1979 ® United States District Court for Colorado ® American Bar Association Other Qualifications • Computer and software skills in Word, Excel, WestLaw, Lexis and Internet usage. • Received performance awards from the Chief Counsel's office for each year from 1988 through 2007. Community Service Ste Paul's Catholic School, Jacksonville Beach, FL ® Member of fund raising committee which raised over $1.8 million dollars in five months for school expansion and church improvements (1/1993 through 5/1993). President and Board member of school (11 /1996 through 10/2002). ® Instrumental in computer networking the entire school (1 /1999 through 9/1999). ® Assisted with financial matters of annual carnival (1997 through 2007). L'Arche Harbor House, Jacksonville, FL • Board member and Treasurer for L'Arche Harbor House which consisted of four homes for 21 physically and mentally disabled adults (1997 through 2003). • Instrumental in having a sound financial base for L'Arche Harbor House. CROP Walk, Jacksonville Beach, FL ® Consistently raised the most funds for this walk to address hunger locally and around the world (1998 to present). Personal Details Married 26 years; one daughter. Fluent in Spanish. Interests: Running, liking, biking and reading economic and financial information and books.