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8-8-11 Agenda Packet
CITY OF ATLANTIC BEACH CITY COMMISSION MEETING August 8, 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 25, 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 List of New Business Tax Receipts issued in July 2011. B. Award the Annual Contract for Large Meter Testing and Repair, Bid No. 10 11- 19 to Reed & Shows Meter Repair and Supply at the bid prices. C. Authorize MUSCO to retrofit the recreational lighting on the baseball fields at Russell Park for $53,000.00. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business A. (Public Hearing) UBE- 2011 -03, request from William M Dutter, DuttsOne Productions LLC, for a use -by- exception to permit an establishment engaged in the recondition, repair, restoration and sale of used automotive vehicles consistent with Section 24- 112(c)(4) and (5) to be located within the Light Industrial and Warehousing (LIW) zoning district at 157 -B Levy Road. (City Manager) B. Decision on Employee Health Insurance Plan and Cost Sharing. (City Manager) C. Approval of Interlocal Agreement, and Authorization for the Mayor or Designee, to execute an Interlocal Agreement with the City of Jacksonville for commercial electrical, plumbing and mechanical inspections. (City Manager) 1 D. Designate a Voting Delegate to the Florida League of Cities Annual Conference to be held in Orlando on August 11 -13, 2011. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Report from City Attorney answering question about obtaining services of outside attorneys. 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 Cleric 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, August 5, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING July 25, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of July 11, 2011. Motion: Approve the minutes of the Regular Commission Meeting of July 11, 2011, as written. Moved by Parsons, Seconded by Fletcher. Commissioner Woods, stated in the minutes related to her conversation with the City Attorney concerning the hiring of John Dickinson to help with legal issues, Mr. Jensen said when we need the services of an outside attorney, under the Charter and Code he can recommend who that would be and get them on board. She stated she could not find that in the Charter and Code and asked that Mr. Jensen clarify for the record where that can be found. Commissioner Fletcher asked if she was making an amendment to the minutes or is this an item for discussion during Commissioner comments. Commissioner Woods stated she was hoping it could be clarified in the minutes since it was an issue about Sunshine Law. Commissioner Fletcher stated Sunshine Law governs communication between members of the same elected body; it has nothing to do with the appointed City Attorney. He suggested that this is not a question of whether the minutes are correct in form and fashion but if she wants to discuss this it can be brought up at the end of the meeting. Mayor Borno agreed. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Debbie Ramsey, 803 6 th Avenue N., Jacksonville Beach, addressed the Commission regarding the health insurance, stating she has been an employee since September 2000 and this is the third year where we have no pay increases projected. She stated our current health care costs are very high and the employees cannot afford either increases to premiums and /or increases to out -of- pockets or deductibles. She related a personal experience with our health insurance which has already cost her over $4,000 out of July 25.2011 REGULAR COMMISSION MEETING _ _ Page 2 pocket, with more costs to come. She stated it is very difficult for her to afford these premiums and costs and she makes more than a lot of the people employed with the City. She asked the Commission to keep the insurance as it is and have the City pick up 100% of the increase. Kenneth Wise, 66 W. 7 th Street, addressed the Commission regarding adding a 12 x 12 addition to the back of his house which was rejected by the City. He stated his family has outgrown the house. He had plans drawn up and a survey done but then his builder received an email from the City stating Section 24 -88(c) prohibits any new construction on a home /town house dwelling. He stated his house is joined in the back by a storage shed. He stated he believes this is very unfair and showed pictures of a house two doors down from him that has a permanent structure built on to their home. He stated he has been here since 1986 but, due to their circumstances, they will have to move unless they can have this addition put on their home. He requested the Commission look into this and get back with him. Mayor Borno stated they will have staff get back to him. Maria Mark, 1148 Linkside Drive, addressed Item 813, approval for the funds to improve the baseball fields at Donner Park, stating she wanted to show her support for that expenditure and believes that would be a great improvement for that park. She stated the City has already done a great job in bringing in some of the other amenities for the residents to enjoy over there and it would allow our Atlantic Beach Athletic Association to actually utilize that park and could give us a second venue because we are pretty well built out at Russell Park. She stated it would allow us to have more tournaments and expose Atlantic Beach and the quality of our baseball players. She stated she hoped the Commission would approve that expenditure. Secondly, she congratulated the Mayor and two Commissioners up for re- election and hoped they were having as much fun as she was in this campaign. Brittany Norris, 1304 Main St., and Jade Carlin, 1700 Selva Marina Drive, representing the Dutton Island Gardeners partnered with Beaches Habitat, thanked the Commission for allowing them to use the property for their endeavor to build a community garden and updated them on the garden. They stated they also want to provide educational opportunities to the families living over there and teach them how to grow their own food. Ofer Kooba, 675 Atlantic Blvd., expressed his concern regarding the sign ordinance, which doesn't allow any signs to be on a post in the business corridor, and asked for help from the Commission. He asked how can it be right for the City to tell people who have an existing permitted lawful sign that their sign is unlawful. He stated he does not know how such an ordinance can be enforced. He asked that those signs that were previously permitted be grandfathered in. He also discussed the safety issue a lower sign will create because of blind spots for pedestrians and drivers. He stated the Commission is always telling them how they want to help the businesses in town, so he is trying to seek their help, because, with the economic downturn, he cannot afford the estimate of $10,000415,000 for the sign to be removed and re- erected with a monument style. Mayor Borno stated they would get back to him. July 25 2011 REGULAR COMMISSION MEETING Page 3 Patty Drake, 2130 Rosewood Drive, Neptune Beach, addressed Item 8C, health insurance, stating she has been an employee since October 2005 and each year our health insurance has gotten more expensive, as far as premiums and deductibles, and our co -pays have gotten much higher. She stated keeping things the way they are is not the best situation but it is better than going into something that is going to be more costly for us. She stated she keeps hearing about budget cuts, yet we recently approved the Tideviews boardwalk extension for $72,000 over the budget. She asked how was that possible when the employees, each year, have to stand in front of you and fight for something for ourselves. She stated one of the Commissioners, Jonathan Daugherty, in the July 12 meeting at Adele Grage mentioned that he was elected for the citizens and not for the employees but there are several citizens who actually work for the City, so maybe that is a conflict. She stated you have to look at the employees and you have to look at citizens because the employees are working for the citizens as well. Jeri Benjamin, 800 Seminole Road, addressed the employee health insurance stating she has been working with the City for 17 years and last year, to keep the premiums down, the City really reduced the benefits for the employees making it almost hard to go to the doctor anymore. She stated a statement was made at the workshop that not a lot of people have complained to Mr. Polovina, which is totally untrue. She stated employees constantly have to figure out whether they can afford to go to the doctor to get a test and spend an inordinate amount of time evaluating what is available. She stated they are second guessing their doctors all the time. She stated, although they have a Health Maintenance — HMO, they can't maintain their health if they can't afford to go. She further stated government is a service industry and you really have to balance the citizens with the employees because we are the ones providing the services to your citizens and if we aren't taken care of it is kind of hard for us to provide a good product to your citizens. She stated healthcare is really important to our employees and she just hopes it can be affordable. Eric Ordonez, 800 Zeagler Drive, Palatka, addressed the Commission regarding the use -by- exception for Flagler Diagnostic and Sleeping Disorder Center for the purpose of relocating their lab to Mayport. He stated they are relocating because they were contacted by several members of the base regarding a backlog of sleep studies for military personnel. He stated NAS is unable to handle the backlog. He explained the sleep studies are important for the military in the treatment of post traumatic stress disorders, night terrors and seizures specific to exposure to wartime or hostile environments. 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 July 25, 2011 REGULAR COMMISSION MEETING Page 4 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. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, C, and D as read. Moved by Parsons, Seconded by Woods. 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, 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. Mayor Borno read Ordinance No. 95 -11 -103 by title. July 25, 2011 REGULAR COMMISSION MEETING Page 5 Motion: Approve Ordinance No. 95 -11 -103 as read. Moved by Woods, Seconded by Daugherty. Mayor Borno opened the Public Hearing. No one in the audience spoke so he closed the Public Hearing. Commissioner Woods stated she believes this is a good ordinance and appreciates Commissioner Daugherty taking the initiative in bringing this forward. Mayor Borno stated he has noticed since the first reading all of those products have disappeared and gone back behind the counter in a lot of the convenience stores. Commissioner Fletcher asked if this will affect the tobacco shop that is in the space next to where the Publix used to be. Mayor Borno stated that was not the intent of this ordinance. Commissioner Parsons thanked Mr. Harrington for his persistence on this. Commissioner Daugherty stated he was glad we were able to do this. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business 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. Erika Hall summarized the use -by- exception, stating the reason it was needed was because it requires overnight testing, which falls under a hospital. She explained they are currently located in Palatka and are relocating because there is a federal moratorium because of a Medicare audit, whereby they are allowed to move but cannot start a new business. Motion: AAnrove 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 d istrict at 645 Mayport Road, Suite 2. Moved by Woods, Seconded by Parsons. July 25, 2011 REGULAR COMMISSION MEETING Page 6 Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the public hearing. Commissioner Fletcher asked if there is a medical director /doctor. Mr. Ordonez stated yes they have a board certified doctor. Commissioner Parsons stated anytime we can bring new business into Atlantic Beach it is a great thing, especially in the medical field. He stated since the Community Development Board had no problem with it he doesn't see why the Commission should either. Commissioner Woods asked what the reason was for the 10 -bed limit. Ms. Hall stated she believes because it is in commercial/professional office zone they wanted to make sure it didn't grow beyond the existing intensity. She stated that strip is the one which fronts what used to be residential that was changed in the 1980s to a commercial zone, so there is a lot of residential behind it. Commissioner Woods asked if the space they are using for the 10 beds is the entire building. Ms. Hall stated no. She further explained they don't foresee getting to 10 beds for awhile but if they needed more they could come back and amend. Discussion ensued. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED B. Approval of bid for Baseball Field Reconstruction and Grass Infield Installation. Tim Gilboy summarized the staff report, showing a slide of the area to be reconstructed. He stated this is an ongoing effort to try to enhance activities as well as esthetics and usage in Donner Park. He stated as part of that they have gotten together with ABAA who, if they can get this field redone to a level that is adequate, will bring this field into their services. Motion: Award and authorize the City Manager to sign the contract for Donner Park Baseball Field Reconstruction to Jacksonville Eighteen Construction Inc., for the Lump Sum Base Bid of $40,768.72 with a 10% Contingency of $4,076.87 on a separate Purchase Order. Based on funding and costs, Additive Alternate A is not recommended for approval. Moved by Fletcher, Seconded by Parsons. Discussion ensued and Mr. Gilboy answered several questions from the Commission. Assistant City Manager David Thompson also explained future uses for CDBG money. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED July 25, 2011 REGULAR COMMISSION MEETING Page 7 C. Decision on Employee Health Insurance Plan and Cost Sharing. Commissioner Fletcher stated he would like to defer making a decision on this until August 8 to give the City Manager and Human Resource Manager time to review a couple of other alternatives on this plan. Motion: Defer to August 8. Moved by Fletcher, Seconded by Borno Commissioner Fletcher stated he took the census and all the other information, including the loss figures, and ran it by another insurance broker who said they thought they could do something. He presented that to the City Manager today and believes we owe it to the employees and the City to try to do better if we can. Commissioner Parsons stated he is for the employees. He stated we have some money in the contingency plan. He stated we have a $29 million budget and $10 million of that is in the General Fund, which has a $4.8 million contingency, which is not 25% but is about 40 %. He stated there is money in the contingency plan to let the employees off altogether and hopes this is one of the things that has been offered to this new insurance company. He stated he wants to look at a zero number the next time too, for the employees. Commissioner Fletcher stated, if they can advance this initiative, there will be some hard number to look at between now and August 8. Human Resource Manager George Foster stated, looking at what was just given to him, he has some questions on some of the rates. He stated he needs the broker of these proposals to get with him as soon as possible, because he only has a week to get a staff report up and get an alternate proposal back to the Commission. Commissioner Fletcher stated the broker will call him at 8:00 tomorrow morning. Mr. Foster stated he will need to sit down and analyze it but if these rates are valid and there is decent coverage then we would be remiss not to take that extra 2 weeks. Commissioner Woods stated she was concerned that if Mr. Foster realizes there are some underlying issues and this is not going to work, should they still put this off for two weeks or should they plan a workshop in a week. Mr. Foster stated the Commission could make a tentative decision tonight on the data they have and give him the go ahead to evaluate this and he will get back to the Commission in two weeks. He stated whatever insurance company they pick, they have to notify them, get contracts done, get employee handouts, brochures, etc. He stated with this possible proposal, he believes it is in the best interest of everybody that we defer two weeks and he will get back with the Commission after looking at this. He stated that is putting us farther down the road than he wants to go. Commission Woods stated that was why she was wondering if we should only postpone it for a week and have a special meeting to make the decision or if two weeks are fine. Mr. Foster stated we can get it done in two weeks. Mr. Hanson stated if we get in a jam it is possible to call a special meeting with 24 hours notice. He stated this was presented to staff late this afternoon and George Foster was out at a mediation and did not see it until five minutes before the Commission meeting started. Commissioner Daugherty stated there are no good decisions to make. He stated as far as the employees go, he empathizes. July 25, 2011 REGULAR COMMISSION MEETING Page 8 Mayor Borno stated their job is to find the best for both sides and they are fully aware of the burden that has been placed over the last couple of years. He stated they will work at this diligently to protect the taxpayers as well as the employees. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. None. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners A. Appointments to the Code Enforcement Board and Community Development City Attorney Board. Commissioner Fletcher explained the Board Member Review Committee met to fill two vacancies on the Code Enforcement Board and one on the Community Development Board. He stated the Committee recommended reappointing Juliette Hagist to the Code Enforcement Board and appointing alternate Ian Luthringer to serve as a regular member on the Code Enforcement Board. They also recommended appointing Ben de Luna to serve as the alternate, taking Mr. Luthringer's spot. He stated for the Community Development Board they recommended Pat Stratton to fill the unexpired term of Ellen Glasser, effective immediately. He proposed adopting the recommendations of the Board Member Review Committee in one motion. Motion: Reappoint Juliette Hauist to serve an additional term_ on the Code Enforcement Board beginning October 1, 2011, appoint Ian Luthringer to serve as a regular member on the Code Enforcement Board beginning October 1, 2011, appoint Beniamin de Luna to serve as an alternate member on the Code Enforcement Board beginning October 1, 2011 and appoint Patrick Stratton to serve as a new member to the Communitv Development Board _ t fill the unexpired term of Ellen Glasser beginning immediately. Moved by Borno, Seconded by Woods Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Woods Agreed with Mr. Kooba, stating he has some very valid points regarding the sign ordinance and we need to revisit this ordinance and work out some of the kinks and allow for some variances and other options. She stated we may want July 25, 2011 REGULAR COMMISSION MEETING Page 9 to postpone the actual enactment until we get through this economy that doesn't seem to want to give anybody any relief. She stated businesses are not going to be able to pay $10,000415,000 to replace a sign. • Announced there is a Presidential Address at 9:00 tonight on the budget stalemate. • Asked about the City Attorney's comment at the last meeting that the Charter and Code give him the authority to interview and hire lawyers for the City. Stated she went to municode.com and could not find this. Mr. Jensen stated he will get back to her at the next meeting. • Mayor Borno asked Commissioner Woods if she was requesting staff to give them some information on the sign ordinance. Commissioner Woods stated she believes the Commission needs to decide whether they are going to revisit it. She stated she does not know whether this is a task for staff or if it needs a workshop, or whether they need input from the business community. Mayor Borno stated he believes a good approach would be to ask staff to give us an overview and then for the Commission to have a good discussion and, if necessary,a workshop. Commissioner Parsons • Stated he was very much involved with the sign ordinance and also believes they need to revisit it. He stated, if nothing else, they could extend the grandfathering time. He stated the economy just isn't there to support telling somebody they need to take down their sign. Commissioner Fletcher • Commented on Patty Drake's comments regarding the funds for the Tideviews dock. He stated the confusion about enterprise funds and budgeting was underscored by the comments she made about using the Tideviews dock money to subsidize health insurance. He stated the City has a bunch of different enterprise funds and money in enterprise funds is not available to satisfy the general obligations of the City. He stated another example was the Police Building, stating if they go forward with that project the money comes from the Better Jacksonville half cent sales tax fund. He stated the money in that fund is totally restricted; the money for the Police Building would not come out of general funds or be supported by ad valorem taxes or fees. He stated there is confusion, even among employees, about how money in certain enterprise funds can be used. • Also commented on the sign ordinance and agreed they need to look at it. He stated he believes there are some unintended consequences that are presenting themselves now. He stated he is pleased some of the Commission is open to looking at extending or modifying the sign ordinance. Commissioner Daugherty • Commented on the sign ordinance, stating he too would like to revisit it. • Encouraged the Commission to do their homework on the budget. He stated they owe it to the employees and the citizens to go through it. He stated his goal this year is to get some sort of pay increase, but to do that they have to cut some things. July 25, 2011 REGULAR COMMISSION MEETING Page 10 Commissioner Parsons • Stated he read the email forwarded to the Commission regarding the bike rack in the town center and believes this does need to be addressed. Mayor Borno • Would like to have staff give a summary of the history of the sign ordinance when they revisit it. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:28 p.m. ATTEST: Mike Borno, Mayor /Presiding Officer Donna L. Bartle, CMC City Clerk AGENDA ITEM # 3A AUGUST 8, 2011 August 1, 2011 ITur�t t "V 2NONM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanson Cit SUBJECT: Follow -up R port Staff Report on Sign Ordinance The City Commission requested that a staff report be prepared on the history and status of the sign ordinance and particularly the portion requiring a phasing out of older, non - complying signs by September of 2012. Such a report is being prepared, but will not be ready in time for the commission meeting on August 8 Instead, it is staff's intention to have this ready for commission consideration at the next meeting on August 22 Complaint by Kenneth Wise about being denied a Building Permit for an addition to his residence located at 66 West 7"' Street At the last City Commission meeting on July 25"', Kenneth Wise complained that he could not get a building permit to construct a 12' x 12' addition on the back of his townhouse at 66 West 7 Street. City staff had told him that it violated various Code sections dealing with the construction of two - family duplexes and townhouses and that it did not meet rear yard setback requirements. A copy of a memo dated July 28, 2011 from Erika Hall to Jim Hanson is attached explaining the staff's concerns with the proposed addition. To meet the setback provision would require an 8 1 /2 foot variance to the rear setback line and the provisions outlined in the City Code for granting a variance do not appear to be favorable to Mr. Wise's situation. On the provisions dealing with duplex and townhome construction, my understanding of the Code is somewhat different than those previously expressed to Mr. Wise. The Code first states that "Dwelling units attached by any type of solid continuous or connected roof... shall be considered as a two- family dwelling or townhouse." It goes on to state that "Adjoining two - family or townhouse dwelling units shall be constructed at substantially the same time or in a continuous sequence unless an existing structure is being renovated within the same footprint ". understand these provisions to apply to the initial construction of the duplex or townhouse, and that they were not intended to apply to any minor additions. When these provisions were added, a problem had been recognized where some residential property owners had added a second AGENDA ITEM # 3A AUGUST 8, 2011 residential unit to a single family lot by connecting the two with some kind of a roof and calling it a duplex for the purpose of obtaining a building permit. Some of these second homes were then sold to different owners. In some of these cases, the original homes had been built many years prior to the addition of the second home and the owners were essentially exploiting a loophole in the Code to allow them to increase density on what otherwise should be a single - family lot. The new Code provisions were intended to plug that loophole. If Mr. Wise still wants to pursue his request for a building permit, his next step would be to submit a variance application for consideration by the Community Development Board. owe 1k r ' -� A I'. 4 �v ". k�+ L .0, d JI A) joi L F�i. ; +fr 4. ��'L.•,�;r :�: '�,� � 'I� l �r�iSY" .��,de¢' •�'��'+ IMP G.k.' 11-71 W, �� � � +S - .' '- I r ti : - [r. 4!_+ 1 i W49 4 I -," W. :f •: I ?� �LA�.I,T .7 T ^S`i.�5.- "'�i -1 f�''r�� ; 21' -s •� ��� �'lvi i, '��* , �� ` ' y � .' I +.r.^ N � � .•��7= �.��75q;��/�`! '��,, F {,��� ?� ~+ `� -_ C: :.I ,i�y �'l.• :. aSl!':.I , S•Y J � - ' ' i; ~�"k'�'' ^, 'T"f - ` I.'7.' � r4`* .'!� _ S `�F;�� r • i.i 1 1�'.'� i t�',�'>�,- _ a`�. I'� ; . r'4,1 "{ laJ'"�1=!� ' - ,�•r f + � .,i.;;7� � .ai�� 5 iil d ` � r. T 4 1. 1 1. . I 0! r if ' �+I.p ; ., ' .i �'. f ,, •''r �I��I�` '� ��r ': F �';;r�}: 'L��e` '�,.': I {. �I�'A�`•A4 �� , - ry tTi AF , aa�r1���7 '�±1R+�.'D' +,��Y �r �.'IT�� � • ` - .eNk�c .te +• _ f} Iil + ` _ � �•. +F i _ �, lob :` 51 ' � "�•`.i i•� Y ' '.' it • .' r• q"_ __: •,• ';'i�' < €•_ •. .) ', -' -I I�•+II At 1,01 AM AGENDA ITEM # 3A AUGUST 8, 2011 environment. The Wise property is the mirror image of the unit at 68 W 7 "' Street, and units 66 -68 were developed identically to units 70 -72 and 76 -78, located to the west. o (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area — There are no such exceptional circumstances preventing reasonable use of the property. As mentioned above, this unit, along with the five directly to the west and two others at the end of the block but fronting Orchid Street, are developed as substantial two- family dwelling units, with each having a single -car garage, three bedrooms, two bathrooms, and 1,506 total square feet of area (1,152 living area; 301 garage; 36 storage, 17 porch). o (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements on the property — These units were constructed in 1996, and there have been no changes to the land development regulations affecting these properties since development. o (5) Irregular shape of the property warranting special consideration — The lots on which these two - family dwelling units were constructed were standard rectangular shape, as demonstrated on the Section H plat, found in Official Records Book 18, Page 34, Block 72. o (6) Substandard size of a lot of record warranting a variance in order to provide for reasonable use of the property — The four two- family dwelling units located on Block 72 of Section H, were constructed on six individual platted lots, with Lots 1 -5 being 50' wide by 102' deep, or 5,100 square feet in area; and Lot 6 being 70' wide by 102' deep, or 7,140 square feet in area. The units were constructed under a unified development plan that considered the area of the entire block (345' wide by 102' deep, or 35,190 square feet or 0.81 acres) as well as the maximum allowable density (14 units per acre). Though up to eleven (11) units could have been legally constructed on the property, only eight (8) were. According to Section 24- 107(d)(1), the RG Zoning District requires a minimum of 6,200 square feet for the construction of a two- family dwelling unit upon lands designated as medium density, meaning that 3,100 square feet would be required for each individual unit. The resultant dimensions of the Wises' "duplex" lot are 40' wide by 102' deep, or 4,080 square feet, thus exceeding the minimum required. Mr. Wise asserts that his family needs the additional space. However, according to Section 24- 64(c), Grounds for denial of a variance, "Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner ". Mr. Wise also claims that a precedent has been set because a sun porch has been constructed on the rear of another unit to the west of his. Staff investigated the permit archives and finds no approvals for that porch and has turned the matter over to Code Enforcement. Still, Section 24- 64(g) states "Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance ". According to Section 24- 107(f)(1), the maximum impervious surface allowed is 50 %. At 1,506 square feet, the existing structure covers 36.9% of the 4,080 square foot duplex lot. This total does not include the impervious patio in the rear yard, the driveway in the front yard, or any walkways that might exist in the front yard or around the house. Addition of a 12' x 12' room would increase the impervious surface by 3.5 %, so it is possible that such an addition would push the total over the maximum. 2 AGENDA ITEM # 4A AUGUST 8, 2011 H i i 1 1 i 1 I 1 1 P1 I 1 1 P, I 1 I 1 I I I I I i I I I I I 1 1 1 i 1 1 1 1 i I 1 1 i 1 i 1 I i I I O U1 r, H d' r, Ln t I m (` d' l0 m Lfl N N I I H m O O [n U1 O 'j O 'j fYl O 'j I z I , I I 1 I I 1 1 O I 1 x 1 c N l0 cq m H r, H m c fYl m N 1 a I Lfl N N l0 I N I I rl 1 1 I H 1 1 H U) 1 P 1 I o f � O 1 d+ O d+ O (D q O 0 E O Ln In \ I (p I m H H m m m W CYN CO CYN I- H a H w H a \ (` E O H U) (D CO W O W I I w E EU1 1 E o H a I H H E U -1 I U ) H I 1 H m x m E 0 w O a I I w H H w F W U) o o F CO O a (p • • U] I I H U] w E rw� z w 0 2 m 3 u ° 2 v o x �D u E E i E 1 H H Pi W E 0 w \ Px W W \ a w w P4 m I H O W w 9 P; E a wHE I w w' H z I E 9 9 CO 0 W F O W 1 m i Pi ;3: O �+ N x 1 co I O U E E u a, H 0 x O H W H I ,q I I u 1 H W Q cn a u x a I E W W I U >+ q W W W 1 a 1 �P4 q i >� W z W z z W z z z W z �40a 1 E mwFC 1 1 wm •• 1 Q U W \ \ \ \ \ \ \ H U] a I I m In to Ln U] I W q I U] I N \ N \ H \ N \ O \ N \ N \ H 1 I � � I I I I I I rl rl r, 1 I 1 r, r, rl; r, m x r, z fY1 O f`l r, 1 I I N N a N a N H N N N I 1 I z O N rl N r, x N 0 r, g N Pi rl N r, E N H rl N U rl I I m u 0 z �+ 0 a a a I I a w a a o w 1-1 mEw 0 1-7 EEw H 1-a EPaG. w w m m I x x E CO o m a q q w m W I x U] x Pi x x x �D x P: x U] x m 1 W 1 z u H W U W U a co U co W U a U g W U H g z w I Q 1 H g w ai �D 9 Q FC a E u r EE W U) FCw m xww W muw w 0HW U (� arxw w Pxpm CO M f`l Fi I z 1 U m ltl I U) U) W w U z� W W U H W W�>U W H C7 W U P'zU CO a 7+U � �DfxU a N I U] U] I I W W 1 FINE E H P. 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I �•s j } '� 1 ar,+ 1 . � 4 1 .. � r i� j� Y• ..et ,s � -,►,.Y - ��-- ��.a44ffF' �11sv�- ���'�+,e�±.LE_'�: -, L �'•.� -,r5� I N_ r1�ir[ t '� -fir �C -- ��, C ` 4'�� R r L. i• � ryf' dY�;l� - a. � } ; f ±d R � �+� -.�I 'IA,,,r- I'r:s� _„ ,.xf•,� F ia1 � e+�c•z�s,G -',•"� +� '' •?rt� { V .'� - r r.J r r� .'.'. . :;,�ti,d'I d'.i •�rr,.a- W' +.j:u.N '.�J�- . *i'- �l,. _�ti=•.� i _ 1 +- _ .y+r*'4r coop" 1111 � �� AGENDA ITEM # 4B AUGUST 8, 2011 The low bidder based on the number of meters tested vs. tested - repaired and retested is Reed & Shows Meter Repair and Supply. This bid is 30% lower than our current contract costs. The cost of repair parts will be the based on actual catalog prices passed on to the City. The amount invoiced will be actual number of meters tested and repaired to include parts. BUDGET: A total of $10,000 was budgeted for large meter testing and repair in the Water Fund under account number 400 - 5504 -535 -3400. RECOMMENDATION: Award the Annual Contract for Large Meter Testing and Repair, Bid No. 10 11- 19 to Reed & Shows Meter Repair and Supply at the bid prices. ATTACHMENTS: 1. Bid tabulation form REVIEWED BY CITY MANAGER: AGENDA ITEM # 4B AUGUST 8, 2011 W w 2 W O g =W U QQ [a rn UFo F N Z W co W T ate' ow U U z O U Q z z Q 0 0 o .G o ° o ° 0 4 O Z 0 69 0 69 0 V> 0 cli m a _ xxxxxxxxxZ F 4. E o 0 0 0 �o 7 0a O O O O 0.. ap a m m rn rn C CD c W ° n un °n O u m m m m _ w F a xxxxxyxxx�� r � 7 a O z t N N N N N O M tj O a7 d y F O O O O O d b N N N cl m T F N x X X X X X X X X z O O r � o 0 0 0 o ui ui L6 6 0 co V O o 0 0 r, ar, u, u, � F aq N Z tm d 0 0 0 0 O o 0 �a r r r r � Lo Lo Lo Lo w d � F x x x x x x x x x K t0 O 0 ' O d t N 69 N 0 N N O r 69 0 w. ti C d F �a O V) m , E p z Lq H a C N p o Q W a) V C C a- O Z Z aI � E o O O O O ® U - x W r a) a) y F- N F ui N tp c 0 a) [7 aS U d d d d E' F v o f al o m W LL LL W D ul W W z N w c a w o d a m a m L a J a J E€ m LL U LL m E V m w W W O .O N N O` = O a co c c 0 0 AGENDA ITEM # 4C AUGUST 8, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Energy Efficient Lighting Purchase DATE: July 29, 2011 G SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: The City has been awarded an Energy Efficiency and Conservation Block Grant in the amount of $234,789 which is being administered by the Florida Department of Agriculture and Consumer Services (FDACS) Office of Energy (formerly known as the State Florida Energy and Climate Commission). One of the projects approved in the grant was retrofitting the recreational lighting at the Russell Park Baseball Fields to energy efficient lighting. After a great deal of searching, staff was unable to locate or identify more than one (1) company that has the technology and expertise to provide the high levels of lighting necessary for baseball fields while reducing the energy usage by 50 %. Staff contacted the State and found that other cities with similar projects had submitted letters recommending that the vendor, MUSCO, be recognized as a sole source vendor. Atlantic Beach submitted a request to the State, and the State recognized MUSCO as a sole source vendor for this work (see attachment). The initial quote from MUSCO to retrofit both A and B fields was over $60,000. Staff negotiated a price of $53,000 to have this work performed. At this point, the purchasing steps and requirements have been documented and approved by the State for staff to proceed with the purchase. Due to the cost of the project, staff needs City Commission approval to process the purchase. BUDGET: The $53,000 for this purchase is part of an energy grant that does not require any matching funds. Once the purchase and installation have been completed, staff will seek reimbursement from the State for the entire amount. RECOMMENDATION: To authorize MUSCO to retrofit the recreational lighting on the baseball fields at Russell Park for $53,000.00. ATTACHMENTS: 1) Letter from Office of the Governor authorizing MUSCO Lighting as a sole source vendor AGENDA ITEM # 4C AUGUST 8, 2011 2) Four (4) Page Quote from MUSCO 3) April 28, 2011 Memo from MUSCO discussing Lighting Values REVIEWED BY CITY MANAGER AGE A ITEM NUMBER: B Yl 4F.l. P1 j i FIr.4 All.� . T l to v t. ��- +�!.4 �i14 ^ �.,�`. -7,� y ;,- y '���i�� s � +7 :�i� �5, 5•�' ��i{ r _i� +�rr.�r. p1: t'r�.' -'h.I ' - r! �4} r a�� '� ��r � j ? {+ li�7 tt „ i _ �5i r'd'�" y-�g , �r 2: ;' =�t. r �:lY' - a yr p 1 Z .9 TL ' "7. � S 1 M ��}�i. ;;. .•��' : ~�I� r.1 + .4�'�.1� d'i ii' S'ik` ;T.* y + + '• � y �� J14 ' 114 I Ltd Z ..F 7 IM R"', •J + �+ _ } + ,pT Y � �.. f dr� 5 J - - I �% - ,�F� ' .:.1.R� 1 � �J?I I�� `:fir' x #' t � - '.' } �;rre tis eG, !s }rS,•y +. � �� J9;'.'.: '��Fifli':t k•I t'•� I at c l 4r I. Iff AGENDA ITEM # 4C AUGUST 8, 2011 Quotation Price - Materials and Turnkey Installation SportsCluster GreenTm as described below and delivered to the job site: FieldA ...................................................... ............................... $17,000 FieldB ...................................................... ............................... $36,000 Equipment Description SportsCluster Green System delivered to your site ® Factory aimed and assembled pole top luminaire assemblies • 1500 -watt metal halide fixtures • UL Listed remote electrical component enclosures • Mounting hardware for the pole top units and electrical component enclosures • Pole length wire harness • Disconnects Also includes: Energy savings of more than 50% over standard lighting system ® 50% less spill and glare light than Musco's prior industry leading technology ® 10 -Year warranty including ten years parts, two years labor. Lamps are warranted for two years, with the first year including lamps and labor, and the second year lamps only Poles and sales tax of the equipment are not included as part of this quote. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. © 2009, 2010 Musco Sports Lighting, LLC I SD- 3325 -2 Jack Russell Park Fields A & B Atlantic Beach, FL Date: May 20, 2011 To: David Thompson AGENDA ITEM # 4C AUGUST 8, 2011 ent Terms Payment of 25% of the contract price is required with order. The contract balance is due Net 30 days. Late payment will be subject to service charges of 1 '/z% per month (18% APR). Musco will make every effort to coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30 -45 days. Due to the built -in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Field size of 185' for Fields A & B • System will be manufactured to existing voltage and phasing at site • Confirmation of pole locations prior to production • Davis -Bacon wages and Buy American provisions are provided and included as part of this quotation Thank you for considering Musco for your sports - lighting needs. Please contact me with any questions. Danny Sheldon Field Sales Musco Sports Lighting, LLC Phone: 352 - 665 -0578 E -mail: danny.sheldon @musco.com Fax: 866 - 930 -6190 © 2009, 2010 Musco Sports Lighting, LLC 2 SD- 3325 -2 AGENDA ITEM # 4C Sportscluster GreenTM Relight Scope of Work AUGUST 8, 2011 For Jack Russell Park Retrofit Fields A & B Atlantic Beach, FL Project #s 141322 & 140069 Owner Responsibilities: 1) Provide total access to the site and pole locations for construction. Equipment must be able to move from location to location on standard rubber tires — no towing required. 2) Provide reference points (one per field) for sighting in lighting cross -arms. 3) Remove any trees, limbs, shrubs, etc. for total access to pole locations. 4) Removal, replacement, and repair of all fencing necessary for construction. 5) Repair and /or replace any field turf, asphalt, curbs, and concrete inadvertently damaged during installation. 6) Locate and mark existing irrigation systems prior to the commencement of construction. 7) Pay for all permitting costs. 8) Provide existing electrical design and site plan as necessary. Musco Responsibilities: 1) Provide layout of pole locations, aiming diagram, and associated designs. 2) Provide pole inspection and survey of existing poles for height, size, and location. 3) Provide required Musco Sportscluster GreenTM equipment. 4) Provide Project Management and assistance as needed. 5) Provide light test under owner supplied lighting system. Subcontractor Responsibilities: 1) Remove and dispose of existing lighting fixtures and electrical enclosures on (6) existing poles. This will include the recycling of lamps, aluminum reflectors, ballast and steel as necessary. 2) Leave the existing grounding wires and power feed in place for reattachment to the new Sportscluster GreenTM product. 3) Provide adequate trash container for cardboard waste and packing debris. 4) Provide storage containers for material as necessary. 5) Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 6) Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 7) Obtain required permits, owner to pay all costs. Subcontractor to advise Musco of costs to subcontractor, if any, before proceeding with permitting. 8) Provide electrical design or as -built drawings as required. 9) Provide materials and equipment to install or upgrade existing electrical service panels as required or necessary. This needs to be defined in the electrical design. 10) Provide materials and equipment to install all underground conduit, wiring, pull boxes, switchgear, etc. and terminate wiring as required per electrical design. 11) Ground the new product on poles per NFPA 780 and NEC code. This will include grounding of the electrical enclosures and remote light fixture cross arms. Existing lightning protection to be verified and repaired as needed to comply with Musco warranty and NFPA 780 and NEC code. 12) Install Musco electrical enclosures and fixtures on existing poles and terminate power feed. Power feed may need to be reworked to adapt to the new Musco lighting equipment. 13) Provide materials and equipment to wire and terminate ballast to (20) Sportscluster GreenTM fixtures. © 2009, 2010 Musco Sports Lighting, LLC 3 SD- 3325 -2 AGENDA ITEM # 4C AUGUST 8, 2011 14) Keep all heavy equipment off of playing fields and surfaces whenever possible. Use due care to minimize damages when playing surface access is required. 15) Jobsite to be returned to condition existing prior to construction of lighting system. 16) Locate existing underground utilities and irrigation system so as to avoid damage from construction equipment. Repair any such items damaged during construction. 17) Conduct system startup and additional aiming as required to provide a complete and operating sports lighting system. © 2009, 2010 Musco Sports Lighting, LLC 4 SD- 3325 -2 it 1p J - If ■ H I it - w'', >: 6� 6 MA IkLl 11. 1. 1 -rl 6 44. �yq. ! '�� � r 5 � y 'k •, {� +���4,5 :i i � 1 ����, �L +M yr{= `w:rt k .j7' . 77 sm ....... ...... CbA 4 A 1 L_ V; t D L 4;u N f t j ILA+ 7i ! Moly JW774 'i 77 VI kT. 4* . R, I.. of 'A 1 3. 7 V5 141 rL . 34� Ai c— AA 46 W-7 A-1 ... % II '1y. J "'*. �� - 04IN OL AN - `•S,�P[�' :4.,,a: r 'r tiny 5_ `•7.�:.i•• �:1 +.10-.•t I jr.l�. +:in :f:. " e!�r_�1 -'' �' .7�:re,'�'? a 'i;.r..'.•.�� 1 1tt�r N �Ir- �M-.l rJk'A ,r �''+ r i. ��v{.�4.c1 � M 6i - � �. �: x�� �L� f k � „'• T "� *�'1 lov Ij 14 L 'r f ~~. Y , r •Y �' i ! •. �x+r{ I 2 , z - qj y'•'T'a[ "ri'� .1:7 �., ,�[�''`•'�i7'e"f " y �fc.sii t - , - 7wc . LAI x r Y. �•J ` � �y� Ga ''�. '�' - r.�' - .�;I t;• sl {;�.1 F" , � yr �r '��.�r n� }.+.�� *�L�: �J } r , F p � ' ��' q•; 4 - .t r =; .IFI C. L 1 qqqq4���' .s: it n: h k _ f }li tJ _ 5 2 fl N 7f, MIt- rte( T� ��Jy } }}+ y + ;;yy.. �Jr � 01,1 . . . . . . . . . . . . . 4! k- lip I I p I NM 1, I t? � Z;A • A""112' ' i• �.r• '{, + �' .[�'!R 5'R 71, - AV r or 7 1 451 C11 V lip. p AGENDA ITEM # 8A AUGUST 8, 2011 j� AP PLICATION FO A USE-BY-EXCEPTI City of Atlantic Beach - 800 Seminole Road . Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5826 • FAX (904) 247 -5845 - http: / /www.coab.us Date I& / �Za I File No. LA ` ';� tl -03 Receipt 1. Applicant's Name 2. Applicant's Addre. 3. Property Location 4. Property Appraiser's Real Estate Number Block No. Lot No. 5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation 0 7. Requested Use -by- Exception 94 ��' 2' - I (2 �%��J 0 Cg) 8. Size of Parcel 9. Utility Provider �� CoA% L,10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) �. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. -, Identify any existing structures and uses. vb. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization fr o t owner(s) fo} applicant t9 represent the owner for all purposes related to this application must be provide rho . - - -; Q, Survey nd legal description of roe sought to be rezoned. Attach as Exhib B.) Y g P property rt3' g ( �d:- -- Required -nun lwr--- ef- eopies:-({ w c— opies=ef-a#documonts>tha` -are oTt rgerthan iii lTi`Uthts size:. If plans.or ph I gra4phs, -or- color-- attachments.ar"ubmitted,.. please :provid"ight "t:opits'of these ) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owners7(s). nthoriz pe rson if owner's authorization form is attached: Printed or typed na � i M '. li ta+41 - Signature(s): i/ -P ADDRESS AND CONTACT ORM F PE T RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: , � W1 { -$ Mailing Address: 194Q Phone: 7 ®�° �y� /®/ FAX: E- mail: IT 1 l AGENDA ITEM # 8A AUGUST 8, 2011 IWINI Ji The review of an application for a Use -by- Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. WR 2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by- Exception being requested. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above; 5. Utilities, with reference to locations, availability and compatibility; 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided betty ed your use and the adjacent use. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) 8. Required Yard an oth Open Space. Show building setbacks and areas of open space on site plan. S0- ot&o- 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consist e cy 'Vip applicable provisio of t�e Comprehe sive Pan. Other ormation you ay v�ish Jo provide: AGENDA ITEM # 8A AUGUST 8, 2011 To Whom It May Concern: While completing this application for Use -By- Exception, I found that the items contained in Exhibit A really did not pertain to my request. I do not want to change or alter any current / existing entities and do not want to infringe on adjacent properties and /or businesses. My Business Tax Receipt's description reads Public Service or Repair. I purchase items from estate sales, garage sales, the internet, and auctions. I then refurbish and repair the items to ready for resale. (i.e. furniture, tools, pictures, watches, clocks, jewelry, lawn equipment, clothes, etc.). I have also found a few vehicles (i.e. antiques car, a couple of trucks, and a motorcycle) that can bring very good dollars. Many times though, they are in need of some continual upkeep and repair. I have a mechanic who does occasional work for me in preparing the lawn equipment and vehicles for resale, especially if they are in need of a "tune -up ", cleaning, or small repairs. What has happened is the buyer wants to have continued service done, such as oil changes, detailing, small repairs, and even tire rotation, which all leads to return business. It also broadens my client base for my entire business of selling estate /auction items. They will see items I have for sale on the internet, or in storage, and want more information and many times will end up purchasing the item. I recently retired from my job of 36 years with the Duval County School System and am a one- man operation with a part -time helper /mechanic. I would like to add this small dimension to my business (service of equipment and vehicles I might purchase) and too, want to make sure I am doing everything the proper way in order to meet the guidelines and requirements of the City of Atlantic Beach. This is very important to me, for I do very little advertising and rely on "word of mouth" to attract new customers. Thank you for your time and consideration with this request. Res pectively/iibmitted, William DuttsOne Productions LLC ,ylHr �nl1YY:IiWIa bt,NVLY J [r.YT 4, SI rXfl 0, 44$14I' 2 SCx.I% RW X 29 FIASTb'�X.NiJ, fUl't0q:r mri i, fvINr G!':ftF l;f(E?JCfi, CV-Kd " AT '!1(F; C'•r lNlf- FAST LIN Cp S.',lc { Vk!J:lF7�T Im 4, Wl .11 nif, . ?X�[tJllf)tt1Y ft Carr of WAY I,1NIi UF' LFV1 I (A L6 !iX1T 11Gr1' CIF �(/Y AS `x'i, F.S': %JI:,ISI�,Ic '11l f�l0lYlli R5'U5'00" tJt_j ALOt)c SAIL? N'.1711rEft1,Y marr of WAY I,INI, OF' L!:M' IR)M, A 235.0 FEET -u 'I iE,:POINT. of nEGItp4itic; 'INI.7C.F COWIWE AWK; SAID R)R'MERLY 111GIrr C)I' WAY Llhl;, ! 85 W! ST, A NSFAt'a F` 1`45.GJ FL't'f; '110NCE AnIMI 00'45 WL.'r , ALOiVC 11(I; 1 I.It4r (ii' A i It ".tiYf ttll.'Jt ?' or WAY tt'JrE ;?'old) r..ftRuFS rtiS I�ES!RI[3f:O ]14 1 DOW 042 PIti(',i: 266 OF Tffi CtIRItJ7rT PUBLIC Itl-.C(MY', OF LAII: CcUNN "f, A 01$17,PCE 97 299.61 Rpr swill 05'05 I'A'i`r, A ItISTMU Of•' 142.65 fl;' r; 11iFNYI: SCXJ111 01' 19',T' !'!.S " ", ',LCt+G 111F h:';'1 L!NTE OF 11T f 1 r w c { n 11+1GkS bF.SCR!T3P.0 IN 01TICIA1 10.0111)5 VOL,f -M. 5180 PAC 118] AND I.I UI'I'f l „I. itllGlill., '1)r.i_F i r c , tr • rt•, �.,G. t`lG :•rdl J.,," - "- ' Qk )GU,G P1:1:'f ",1( POTttl' 01' DFGlh7+1tlC;. ! E N S, B5 °Q fl U! .n Y C) 14.P 65 55.2' 00 ' I o� P.70 o �; /• sroRY 1 , 1 ,, - 'o Afr " rAL WAREHOUSE � `• ' ° NO. 157 IV Qh 1 6.2 . -.. ; -_ Ld IL _• 2 ST OR Y i -- —m4kAL WAREHOUSE opu `, LQ 4 T 58.4'— .— -• � �� IV j , SO E YP �:it' 4 �,'. r/f • t♦ .5.'On� J!{ 46 '.1 , '!r V A D TINY ------ AGENDA ITEM # 8A % AUGUST 8 201 ------ ------- C A W I �lm m-- 09 0 M 11 TO) 4z r7e too Apt d) --2 A l vvm' j A t 7.1 77 4� hu Tqd iL tT e Wtr kL ' AGENDA ITEM # 813 AUGUST 8, 2011 NEW ITEM 3: Per request from Commissioner Parsons, Column E has been added as an additional funding option for Plan 1 as listed in Column B. SUPPLEMENTAL INSURANCE POLICY: The City has also 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: Funding for this action will be included within the 2011/2012 budget. ACTIONS REQUESTED: 1. That the City Commission advises as to what employee health insurance option is to be utilized effective 10 /01 /11 (see attached). 2. That the City Commission approves recommendation that I go out and request quotes. An alternate would be to approve that our agent/broker or a "fee only" consultant go out to market for quotes on our health insurance. 3. That City Commission authorizes providing employees with an optional Major Medical Complement policy as provided by Jacksonville Beach and Neptune Beach. CITY MANAGER: • X3 i I 3' -A! FOX; ml: U C '�o Kom- TOO 0 "M a It ri f 1-M.F 71- yl a M MUMIJ F Mir - J�,Jy:g E k E L -l! Ti R p A m 0 i R Ift T =0 EE 1= Ef��j � DP 4, 11, m a I I - =Z M � Tilt j=*: 7 Mm- Eft -7 - J- L Z 1C nwam, E .1.1 JW9- M" -60 M ft�q - 7 ice_ mom o a I I M p K 'I aM - I M - M N E Va5ir nLama mrrw� 7 -,, 7 j; --fh O tt ro;, r h T M M N t ;7 I 2 T 1 poll tUF ZM .--- 17 12 7 7 f F ME -11� 0 M MUMIJ F Mir - J�,Jy:g E k E L -l! Ti R p A m 0 i R Ift T =0 EE 1= Ef��j � DP 4, 11, m a I I - =Z M � Tilt j=*: 7 Mm- Eft -7 - J- L Z 1C nwam, E .1.1 JW9- M" -60 M ft�q - 7 ice_ mom o a I I M p K 'I aM - I M - M N E Va5ir nLama mrrw� 7 -,, 7 j; --fh Akm Mk. M— A Psi �y},,�i`'y_ �' T �_ y T���� I � 11A Rm. j;Nq-V--�v—q Ft r. I - lF - "ft. ti r . rY• y s i '} [y .T ' ^'� 5� �' 4 Y�� . "''e'er'! L5 i 1 0, . LI� S�i� �`J - ..1 r''C� 7 Is17 ti',� iTMf �'S•rw�� ,� i� C �. - _ „ *`�r�i'hF; _.a -fi?F• ���7 - �� p"'�� � �f' 145 VO AGENDA ITEM # 8C AUGUST 8, 2011 INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR TEMPORARY BUILDING INSPECTIONS This Interlocal Agreement is entered into this day of , 2011 (hereinafter referred to as the "Effective Date "), between the City of Atlantic Beach, Florida ( "Atlantic Beach "), a municipality located in Duval County, Florida. And the City of Jacksonville, Florida ( "Jacksonville "), a municipality located in Duval County, Florida (collectively referred to herein as the "Parties "). WHEREAS, section 163.01, Florida Statutes, authorizes the joint exercise by Interlocal agreement by two or more public agencies of any power common to them; and WHEREAS, Part XII of Chapter 468, Florida Statutes, requires all local governments in Florida to have licensed building inspectors responsible for building construction regulation and who are certified by the Florida Building Code Administrators and Inspectors as qualified to perform such responsibilities ; and WHEREAS, pursuant to section 125.56, Chapter 553 and Chapter 633, Florida Statutes, the City and the County are empowered and directed to enforce the Florida Building Code; and WHEREAS, pursuant to sections 125.56 and 553.80, Florida Statutes, Atlantic Beach and Jacksonville have the authority to provide a schedule of AGENDA ITEM # 8C AUGUST 8, 2011 reasonable inspection fees in order to defer the costs of inspection and enforcing the Florida Building Code; and WHEREAS, Atlantic Beach has only one (1) employee who is licensed to inspect commercial building, electrical, plumbing, and mechanical inspection services under the Florida Building Code (hereinafter referred to as the "Services ") for Atlantic Beach; and WHEREAS, problems can exist if that one (1) licensed employee is on medical or personal leave or is otherwise unavailable when such Services are needed for Atlantic Beach; and WHEREAS, only during those times when that one (1) licensed employee is unavailable, Atlantic Beach wants Jacksonville to provide, on a temporary basis, when requested, such Services for Atlantic Beach; and WHEREAS, Jacksonville agrees to provide such Services on a temporary basis only during those times when that one (1) licensed employee is unavailable, as provided in this Interlocal Agreement and contingent upon availability of Jacksonville's employees to perform such Services; and WHEREAS, THE Services described and contemplated herein are not among those governmental services contemplated by the 1982 Interlocal Agreement, as amended, which governmental services Jacksonville provides countywide; now therefore 2 AGENDA ITEM # 8C AUGUST 8, 2011 IN CONSIDERATION of the above, and for other good and valuable consideration, the legal sufficiency of which is admitted by the parties, Atlantic Beach and Jacksonville do mutually agree, as follows: SECTION 1. RECITALS. The above stated recitals are accurate, true and correct and, by this reference, are made a part hereof and are incorporated herein. SECTION 2. PURPOSE. It is recognized and acknowledged by the Parties that the purpose of this Interlocal Agreement is to ratify, acknowledge and grant to Jacksonville the ability, when requested by Atlantic Beach Building Department, to regulate plumbing, electrical and mechanical installations and ensure compliance with the Florida Building Code. Such regulation and administration of the Florida Building Code shall be in the manner authorized by state law. Such requests will be made, by Atlantic Beach, and the Services will be performed by Jacksonville, only when Atlantic Beach's one (1) employee, who is licensed to provide such Services for Atlantic Beach, is on medical or personal leave or is otherwise unavailable when such Services are needed for Atlantic Beach; provided hou Jacksonville's obligation to perform such Services is contingent upon availability of a Jacksonville employee to provide such Services. SECTION 3. DUTIES OF JACKSONVILLE. Jacksonville shall have and perform the following duties, obligations, and responsibilities within the municipal limits of the Atlantic Beach when specifically requested by the Atlantic Beach Building Official when Atlantic Beach's one (1) employee who is licensed to provide such Services for Atlantic Beach is unavailable: 3 AGENDA ITEM # 8C AUGUST 8, 2011 (A) Provide regulatory commercial building inspection services for permitted construction activity related to building construction, erection, repair, addition, remodeling, demolition, or alteration projects that are subject to the Florida Building Code related to building, plumbing, electrical and mechanical work when requested by the Atlantic Beach Building Official. (B) Provide all permit holders a record as prescribed by Atlantic Beach of the inspection results. SECTION 4. DUTIES OF ATLANTIC BEACH. Atlantic Beach shall cooperate with Jacksonville in the regulation of construction related inspection activities and the temporary Services provided by Jacksonville when Atlantic Beach's one (1) employee who is licensed to provide such Services for Atlantic Beach is unavailable. SECTION 5. PERMIT AND INSPECTION FEES. As compensation for the provisions of Services described herein, Atlantic Beach shall pay Jacksonville fifty dollars ($50.00) for each inspection or reinspection. SECTION 6. TERM AND TERMINATION OF INTERLOCAL AGREEMENT. (A) This Interlocal Agreement shall commence on the Effective Date and shall continue, in full force and effect, for a period of five (5) years from said Effective Date; and at the end of such five (5) year period, it shall terminate. 4 AGENDA ITEM # 8C AUGUST 8, 2011 (B) This Interlocal Agreement may be terminated by either party upon thirty (30) days written notice to the other party. SECTION 7. LIMITED LIABILITY Neither Atlantic Beach nor Jacksonville, nor any agent, officer, official, or employee of Jacksonville or Atlantic Beach shall be liable for any action taken pursuant to this Interlocal Agreement in good faith or for any omission, except gross negligence, or for any act of omission or commission by any other party hereto and its agents, officers, officials, or employees. The terms of this Section 7 shall survive termination or expiration of the Interlocal Agreement, for events occurring during the term of this Agreement. SECTION 8. SEVERABILITY. In the event that any provision of this Interlocal Agreement is declared illegal or invalid by a court of competent jurisdiction, such declaration shall not affect the remainder of this Interlocal Agreement. SECTION 9. ENTIRE AGREEMENT. This Interlocal Agreement reflects the full and complete understanding of the parties and may be modified or amended only in a writing executed by all parties. SECTION 10. EFFECTIVE DATE. This Interlocal Agreement shall become effective on the later of (A) the date hereof, or (B) the date the last party hereto executes this Interlocal Agreement and the filing requirements of Section 6 hereof are satisfied. 5 AGENDA ITEM # 8C AUGUST 8, 2011 SECTION 11. RECORDING. Atlantic Beach shall record this Interlocal Agreement in the Official Records of Duval County, and shall advise Jacksonville of such filing. SECTION 12. NO THIRD PARTY BENEFICIARIES. This Agreement shall be binding upon and inure solely to the benefit of each party hereto. Nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement.. SECTION 13. SECTION HEADINGS. Section headings appearing herein are inserted for convenience or reference only and shall in no way be construed to be interpretations of text. [Remainder of page is left blank intentionally. Signature page follows immediately.] 6 AGENDA ITEM # 8C AUGUST 8, 2011 IN WITNESS WHEREOF, the City of Jacksonville and the City of Atlantic Beach, by and through their respective authorized representatives, have caused this Agreement to be executed on the day and year first above written. ATTEST: By Neill W. McArthur, Jr. Corporation Secretary Form Approved: Office of General Counsel ATTEST: By Donna L. Bartle City Clerk CITY OF JACKSONVILLE By Alvin Brown Mayor CITY OF ATLANTIC BEACH Utz Mike Borno Mayor [End of signature page. Notary Jurats follow immediately.] 7 AGENDA ITEM # 8C AUGUST 8, 2011 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of , 2011, by Alvin Brown and Neill W. McArthur, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ❑ are personally known to me; or ❑ produced a current ❑ produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of , 2011, by Mike Borno and Donna L. Bartle, the Mayor and City Clerk respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) in are personally known to me; or produced a current produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G: \Gov't Operations \NEILLM \CONTRAC'RATLANTIC BEACH Interlocal Agreement for Building Inspections COJ Revision 6 -23 -1 Ldoc driver's license as identification; or driver's license as identification; or n AGENDA ITEM # 8D AUGUST 8, 2011 301 South Bronough Street a Suite 300 a P.O. Box 1151 a Tallahassee, FL 32302 -1151 a (850) 222 -9684 a Fax (85 0) 222 -3806 a www.f Icities-com TO: Municipal Key Official FROM: Michaeo� Ke � & Executive Director DATE: May 16, 2011 SUBJECT: 85th Annual FLC Conference — Cities Work VOTING DELEGATE AND RESOLUTION INFORMATION August 11 -13, 2011 — World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 11 -13. This year we are celebrating Cities Work which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one. official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by -laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2010, which are the same as the 2010 Census. Registration materials will be sent to each municipality the week of June 1st. Materials will also be'posted on -line. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701 -3602 or (800) 616 -1513, extension 3602. Proposed resolutions must be received by the League no later than July 6, 2011. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701- 3619 or (800) 616 -1513, extension 3619. Voting delegate forms must be received by the League no later than August 1, 2011. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President Joy Cooper, Mayor, Hallandale Beach First Vice President Patricia J. Bates, Mayor, Altamonte Springs a Second Vice President Manny Marano, Mayor, Sweetwater Executive Director Michael Sittig a General Counsel Harry Morrison, Jr. AGENDA ITEM # 8D AUGUST 8, 2011 85th Annual Conference Florida League of Cities, Inc. August 11 -13, 2011 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of. Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 Or Fax to Gail Dennard at (850) 222 -3806 AGENDA ITEM # 9A AUGUST 8, 2011 August 1, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso anager SUBJECT: City Mana er's Report Schedule for Budget Workshops This serves as a reminder that four budget workshops have been scheduled for the City Commission as follows; • Workshop # 1— Tuesday, August 91h 5pm (Commission Chamber) • Workshop #2 — Wednesday, August 24 5pm (Commission Chamber) • Workshop #3 — Wednesday, August 31 5pm (Commission Chamber) • Workshop #4 — (If needed) Tuesday, September 6 5pm (Commission Chamber) Workshop on Pension Study A final copy of the pension study being completed by Foster & Foster outlining various alternatives for modification of the pension plans for the police and general employee groups is expected during the week of August 1 Once that plan has been received, copies will be distributed to the Mayor and Commissioners and made available for public inspection. It will be a very complicated document outlining several different options for commission consideration. A workshop is being scheduled for presentation and questions by the commission to begin at 4pm on Monday, August 22 at the Commission Chamber. It is anticipated that this workshop will be concluded prior to the beginning of the regular commission meeting at 6pm. AGENDA ITEM # I OA AUGUST 8, 2011 From: Alan Jensen To: porno mike; fi letq eLogc UVo odl , - - Parso Paul;- r7a tjgherEy, Jonatha cc: Manson, Jirw C Art ie, Donn Subject: City attorney duties Date: Tuesday, July 26, 2011 10:13:27 AM To all: Commissioner Woods has asked me to explain my statements at the 7111 commission meeting regarding obtaining the services of an outside attorney. This was in regard to retaining the services of John Dickinson as a labor and employment lawyer. I stated something to the effect that under the Charter and the Code, I can recommend who to select as outside counsel and get them onboard. Sec.32 of the Charter sets forth the duties of the city attorney, and includes in (3) "... prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the city is a party." (Emphasis added) Sec. 2 -1 of the Code requires the city to provide an attorney to defend any civil action against a city officer, employee or agent, under certain circumstances, and that such legal representation "...may be provided by the city attorney." Although I believe these provisions would allow the city attorney the authority to obtain outside counsel in certain specialized areas of the law, I failed to mention the authority to do so as outlined in my contract with the city. The failure to mention this at the 7111 meeting was inadvertent because I had no prior notice of the issue / question that Commissioner Woods brought up at that meeting. Sec.4 of Resolution No. 05 -13, which is my contract with the city, states that when legal services are needed in specialized areas of the law, "...the City Attorney shall assist the City as requested by the City Commission or the City Manager in obtaining bond counsel or other specialized counsel, as is necessary, at a reasonable rate of compensation." Occasionally over the years I have come to the commission with a request for outside counsel, but the vast majority of the time I confer with the city manager regarding the employment of outside counsel. This is in keeping with the Charter, Code and my contract with the city. I believe my experience with the city and in the Jacksonville legal community provides_ me with the knowledge to obtain the services of qualified attorneys in various specialized areas of the law, and to obtain those services, when necessary, at reasonable rates of compensation. There are no "Sunshine Law" issues when I confer with the city manager, and at times other city employees, regarding obtaining the services of outside counsel. The Government in the Sunshine Law provides a right of access to governmental proceedings of public boards or commissions, applies equally to elected and appointed boards, and applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. Hopefully this addresses the concerns raised by Commissioner Woods. I would hope in the future that any such concerns be addressed to me before a meeting so that I can be properly prepared to respond, This should apply to all other officers and employees of the city as well. Such a procedure not only saves time, but provides better responses as well. Please feel free to contact me if you wish to discuss any of the above matters further. Alan AGENDA ITEM # IOA AUGUST 8, 2011 1: _ 935 North Third Street P.O. Box 50457 Jacksonville Beach, FL 32240 -0457 (904) 246 -2500 (904) 246 -9960 FAX Alan AJei senLaw.c©rn CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential, subject to the attorney- client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you.