Minutes / 02-22-99'/ ,~, ~~ .
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~'~ MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 22,
1999
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: David Thompson, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The
nvocation was o ere y ity ttorney ensen, o owe y t e P e ge
of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
February 8, 1999.
Mayor Shaughnessy referenced page 12 of the minutes and requested that
the word "committee" in the first two paragraphs be changed to "boazd".
Motion: Approve minutes of the Regular Meeting held
February 8, 1999 as amended.
The minutes were unanimously approved as amended.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive suggested that the Commission take
an overall broad viewpoint when making expenditures and rate them
according to the total number of citizens who benefitted by the
expenditure. As an example, Mr. Marchioli referenced a previous request
fora skateboazd pazk, which was turned down due the liability of that type
of park. Mr. Marchioli also urged the city not to forget about Y2K.
Mayor Shaughnessy responded that the city always considers the number
of people served with the funds available.
In regard to the skateboard park comment, Mayor Shaughnessy stated that
n she had recently sent a letter to the Recreation Board Advisory Boazd
' Chairman from the Quality Cities magazine published by the League of
Cities indicating that the legislature is considering addressing this matter in
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February 22, 1999
order to make insurance for high risk facilities available to municipalities
at more reasonable rates.
A. Joe Welsh, CPA, of Purvis Gray and Company to Present Audit
Report (City Manager)
Joe Welsh, CPA, of Purvis Gray and Company, introduced Ron Whitesides,
Manager of the Atlantic Beach audit, and stated he would present the annual
audit report.
Mr. Whitesides commended Finance Director Van Liere and Assistant
Finance Director Benjamin for their work in preparation for the audit.
Mr. Whitesides presented the audit report for FY 1998/99 to the
Commission and indicated the report complied with all federal, state and
local accounting requirements and he found no weaknesses in the internal
controls. Mr. Whitesides explained that this was a qualified report because
insufficient audit evidence existed to support the city's disclosures with
respect to the year 2000 issue. He further stated that the limitation
concerning this issue was recommended by the American Institute of
Certified Public Accountants (AICPA) and would apply to municipalities
nationwide.
He then presented a brief overview of several areas of the report including
the combined balance sheet for all fund types listing the assets and
liabilities, as well as the enterprise funds and the pension fund. Mr.
Whitesides indicated the city was in a very strong financial condition.
Commissioner Mitchelson referenced Page 55 of the audit report
concerning the funding progress of the employee's retirement plan and
inquired regarding the strength of the plan.
Mr. Whitesides indicated the plan was strong and holding steady. Mr.
Welsh explained the funded ratio was the assets compared to the liabilities,
and felt Commissioner Mitchelson would best be served by obtaining an
actuarial report for a full explanation of the long term strength of the plan.
Commissioner Mitchelson also inquired concerning the "no significant
findings of concern" terminology used at the end of the notes in the report
and asked if there were any suggestions for fine tuning the city should
follow. It was explained that any audit will reveal areas for improvement
which are not compliance violations and suggestions are usually made
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February 22, 1999
verbally to the Finance Director in those areas. As an example, Mr.
Whitesides stated it was recommended and implemented by Finance
Director Van Liere that certain funds be consolidated for efficiency.
Commissioner Mitchelson requested an actuarial report to assess the
strength of the city's pension plan for full funding.
Mayor Shaughnessy inquired concerning the Y2K issue in regazd to where
the city stands on the issue.
Mr. Whitesides believe the city staff was doing a good job addressing the
concern. He reported that the biggest issue for the city was to identify the
critical systems which would be affected, and staff vas in the process of
doing that.
A brief discussion ensued concerning the city's year 2000 compliance for
its computer systems, and City Manager Thompson stated he would
provide the Commission a detailed report concerning the Y2K issue at the
next Commission meeting.
Commissioner Mitchelson suggested the city be prepared to manually bill
for water/sewer usage based on an average of the previous twelve months
in case the computer billing system fails.
Mayor Shaughnessy inquired if there was liability insurance regazding Y2K
compliance, and was told it may be available.
There being no further discussion, Mayor Shaughnessy accepted the annual
audit report and asked that it be filed.
Alan Potter of 374 Second Street requested that the following items be
included in future annual audit reports:
1. A tabulation of the total water pumped by the city compared to the
the total water sold (for which revenue was received). A limit of
10% discrepancy between the two figures is allowed by the Public
Service Commission.
Mr. Potter indicated the comparison would show if there were hidden leaks
or bad service connections.
2. A comparison of revenue growth of the city's water/sewer utilities
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to the projected growth figure 'set forth in the bond issue, and
3. A comparison of the money borrowed and allocated to each
enterprise project in the bond issue with the actual cost of each
project, and a recommendation from the auditors which will keep
the projects within budget.
Mr. Potter indicated the enterprise projects were more costly than the
funded cost in the bond issue.
Mayor Shaughnessy asked if any Commissioner objected to including these
items in future audit reports. There were no objections and the Mayor
directed the City Manager to make the items part of future audits.
Al Rabassa of 1820 Live Oak Lane commented regarding procedures
and inquired how a citizen could question the audit itself since it had just
been accepted by the Commission. He stated he had concerns with the
unfunded liability in the employees retirement plan, and inquired how he,
~` as a citizen, could question the auditor's findings. He also inquired who
guided the city concerning pension plan decisions if the auditors did not get
involved with the actuaries and the Commission did not micro-manage
down to the actuarial level.
Mayor Shaughnessy inquired of the City Attorney as to what procedure a
citizen should follow to ask questions concerning the audit.
City Attorney Jensen responded that the appropriate steps would be for the
citizen to bring his questions to the City Manager who in turn would find
out the information. City Attorney Jensen indicated that in this particular
situation, the city has a Pension Board with its own attorney and deals with
the actuaries on a regular basis and that Board would provide the required
information.
Commissioner Mitchelson believed the citizens should submit written
questions to the City Manager in order to receive a proper response.
3. Unfinished Business From the Previous Meeting:
A. Action on a Request Filed by Nicole L. Gwyn to Operate
a Tattoo and Body Piercing Business at 1249 Mayport
Road (City Commission)
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February 22, 1999
Motion: Approve request filed by Nicole L. Gwyn to operate a
tattoo and body piercing business to be located at 1249
Mayport Road.
Commissioner Mitchelson referenced a memo dated February 17, 1999,
from the City Attorney to the City Manager concerning Tattoo and Body
Piercing Business and stated that the degree of oversight by a doctor was
more strict than he initially thought and requested that the City Attorney
explain his findings. (The memo is attached and made part of this official
record as Attachment A).
City Attorney Jensen replied that the matter had been addressed by Florida
appeals courts and the Third District Court of Appeal held that the words
"under the direction" in the statute require the supervising doctor or dentist
to have personal contact with the customer who is to receive the tattoo and
to be personally present during the application of the tattoo.
Commissioner Meserve inquired if this was a known and across-the-board
~' definition of "under the direction," and if the Commission approved the
request «7th that terminology, did it, in fact, mean in the City of Atlantic
Beach a physician must be present during all tattooing. He then inquired
if that was the pro forma definition of "under the direction."
City Attorney Jensen responded that was the way the courts had interpreted
the state statute.
Commissioner Meserve felt that was not the understanding the applicants
had of the law when they spoke during the previous meeting and he asked
for their comments.
Nicole Gwyn, a partner in the business, stated that she had been working
closely with Todd Clark of the Health Department since they initiated the
process and have followed his guidance, and he never indicated a doctor
must be present during the tattooing. Ms. Gwyn referenced a letter from Dr.
Benjamin J. Philips, Jr. which stated he was the supervising doctor for the
business, and stated their studio had met his requirements. The letter is
attached and made part of this official record as Attachment B.
Discussion ensued concerning the Third District Court of Appeal
interpretation of the law. Commissioner Meserve indicated that he wanted
to make sure the applicants understood that a doctor had to be in attendance
during tattooing and that this be included in the motion. .
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February 22, 1999
Commissioner Borno stated he had spoken with Dr. Phillip Gilberts, the
Executive Vice President of the Duval County Medical Society, and the
doctor told him he was not aware of the findings of the Third District Court
of Appeal and he felt there was a gap in the system which had not been
reflected in the current guidelines. Commissioner Borno stated he was
sending a copy of the City Attorney's letter to Dr. Gilberts for further
investigation and it may prove that establishments operating outside of
Atlantic Beach may have to modify their operation.
Commissioner Beaver inquired if the applicants had occupied the building
at 1249 Mayport Road. Ms. Gwyn stated that they had been upgrading the
building and had spent $1,000.00 on the modifications. She indicated they
had spent approximately $12,000.00 on the venture, and the $5,000.00
occupational license fee had yet to be paid. Commissioner Beaver also
inquired concerning Dr. Phillips' letter which stated he had inspected the
site. Ms. Gwyn replied that they had set up the sterilization items for his
inspection, and he would reinspect the site when they are ready to open for
business.
Commissioner Beaver stated he would have no other choice but to follow
the opinion of the City Attorney and comply with the strict requirements
set forth in the opinion.
Commissioner Meserve concurred with Commissioner Beaver and
emphasized that the motion to approve would be made based on a
physician's presence during application of the tattoo, and if the physician
was not present, the business would be in violation of the state statute and
would be closed down and the license revoked.
Amended Motion: Approve request filed by Nicole L. Gwyn to
operate a tattoo and body piercing business so long as it is in
compliance tivith all applicable federal, state and local codes to
be located at 1249 Mayport Road.
Dennis Waldrop inquired as to when the $5,000.00 license fee for the
business was implemented asked why the procedure to obtain an
occupational license for a tattooing business was never addressed before.
Mayor Shaughnessy replied that this was the first time anyone had applied
for this type of license. City Attorney Jensen stated he would provide
copies of the statute and the cases cited to Mr. Waldrop.
There was no further discussion, the amended motion carved unanimously.
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February 22, 1999
B. Discussion and Possible Action Regarding the Contract to
the R-A-M Professional Group in the Amount of $7,900.00 for
Engineering Redesign for Wondenvood Road Utility Location.
Alan Potter of 374 Second Street stated he was out of town when this item
was previously discussed. He stated that Wonderwood Road right-of--way
was a public right-of--way for use of utilities with a permit from the owner,
in this case, the City of Jacksonville. He then inquired as to why the
change and expenditure was necessary if proper procedures were followed
during the preliminary design stage by the R-A-M Professional Group.
Commissioner Mitchelson summarized the discussion and action regarding
this item which took place during the previous meeting and assured Mr.
Potter that R-A-M was not responsible.
After hearing the explanation, Mr. Potter felt the Jacksonville
Transportation Authority (JTA) should reimburse the city the $7,900.00.
Mayor Shaughnessy commented that the Commission shared his opinion
~' and re-emphasized that the R-A-M Professional Group was not responsible.
Commissioner Beaver inquired if any new information had been obtained
since the previous meeting. Mayor Shaughnessy stated there would be a
report concerning this at the next meeting. City Manager Thompson stated
he had briefly discussed this matter with the City Attorney and there were
some negotiations for property the JTA wants to purchase from the city
forthcoming and there may be some other ways to negotiate a settlement.
Commissioner Beaver then asked Mr. Reed if R-A-M Professional Group
had encountered this type of situation before, and if so what was the
solution. Mr. Reed responded that he had not experienced this type of
situation before.
Stephen Kuti of 1132 Linkside Drive repeated comments contained in
his letter dated February 9, 1999 to the Commission. The letter is attached
and made part of this official record as Attachment C.
Mayor Shaughnessy explained that all of the Commissioners were
concerned this happened and they did not intend to just drop the issue and
would keep the citizens informed of the progress.
4. Consent Agenda:
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Commissioner Beaver requested that Item 4C be removed from the Consent
Agenda for further discussion.
A. Acknowledge Receipt of the Building Department Monthly
Report (City Manager)
B. Award an Annual Contact for Asphalt Repair to Tom's Asphalt
Repairs Pursuant to the Specifications of Bid 9899-11 (City
Manager)
Motion: Approve Items 4A and 4B as recommended.
The motion carried unanimously.
C. Award Contract to Remedy Intelligent Staffing for Temporary
Employee Services (Bid No. 9899-6) (City Manager)
The low bidder, Tidewater Temps, who had been awarded a contract for the
service had notified the city that their company had been sold and the new
owner could not honor the contract with the city.
Commissioner Beaver inquired if the city had any recourse when this type
of thing happens.
City Attorney Jensen stated he had not reviewed the bid specifications, but
this type of thing rarely happened. Commissioner Meserve who acts as the
Commission liaison to the bid openings stated that to his knowledge, it had
never happened before.
Motion: Award Contract to Remedy Intelligent Staffing for
Temporary Employee Services (Bid No. 9899-6) as
recommended.
There was no further discussion and the motion carried unanimously.
5. Committee Reports:
There were no committee reports.
6. Action on Resolutions:
A. Resolution No. 99-3
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February 22, 1999
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF A
REQUEST FROM PALM BEACH COUNTY FOR THE STATE
LEGISLATURE TO ENACT NEW LAWS REGULATING
PAWNBROKERS (Commissioner Mitchelson)
Motion: Approve Resolution No. 99-3.
Commissioner Mitchelson, sponsor of the Resolution, explained that
Palm Beach County had requested the support of other governmental
entities for the legislature to enact new laws regulating pawnbrokers.
Commissioner Meserve objected to some of the language contained
in the resolution and City Manager Thompson explained why it was
included. Commissioner Meserve then withdrew his objection.
There being no further comments, the motion carried unanimously.
7. Action on Ordinances:
A. Ordinance No. 15-99-9 Introduction and First Reading
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING FOR
THE REFUNDING OF THE CITY'S OUTSTANDING
OBLIGATION IN THE FORM OF A PROMISSORY NOTE BY
THE CITY OF GULF BREEZE, FLORIDA LOCAL
GOVERNMENT LOAN PROGRAM; PROVIDING FOR THE
ISSUANCE OF NOT EXCEEDING $1,820,000 CAPITAL
IMPROVEMENT REVENUE REFUNDING BONDS, SERIES
1999, TO FINANCE THE COST OF SUCH REFUNDING;
PROVIDING FOR THE PAYMENT OF THE BONDS FROM
CERTAIN PLEDGED REVENUES; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AUTHORIZING THE CITY MANAGER OF
THE CITY TO PROCEED TO DEVELOP NECESSARY
DOCUMENTS TO ACCOMPLISH THE FINANCING; AND
PROVIDING AN EFFECTIVE DATE (City Commission)
Motion: Pass Ordinance No. 15-99-9 on first reading.
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February 22, 1999
Mayor Shaughnessy read the ordinance by title only and stated the
Final Reading and Public Hearing would take place during the
March 8, 1999 Commission Meeting.
Commissioner Beaver pointed out a scrivener's error in the title of
the ordinance as printed on the agenda and confirmed that the correct
word was used in the ordinance.
There was no further discussion and the motion carried unanimously.
Mayor Shaughnessy called a recess at 9:10 p.m. and the meeting
reconvened at 9:30 p.m
8. Miscellaneous Business:
A. Authorize the City Manager to Sign a Conflict of Interest
Waiver with Rogers, Towers, Bailey, Jones and Gay in
Connection with Proposed Acquisition of Various
Parcels for the Wonderwood Road Construction (City
Manager)
Motion: Authorize the City Manager to sign a Conflict
of Interest Waiver with Rogers, Towers, Bailey, Jones
and Gay in connection with the proposed acquisition of
various parcels for the Wonderwood Road construction.
There was no discussion and the motion carried unanimously.
B. Approve Change Order on the Lifeguard Building
Construction Project in the Amount of $4,456.00 to
Dowling Construction (City Manager)
Motion: Approve Change Order in the amount of
$4,456.00 on the lifeguard building construction project.
Commissioner Mitchelson inquired if the plans were approved by
the Department of Environmental Protection (DEP) prior to going
to bid. Pete Dowling, contractor for the project, explained that the
plans used for bidding had smaller pilings, less steel and a different
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February 22, 1999
type of grade beam, and had not been approved by the DEP. He
further stated that he received a new set of plans with the required
changes several v~~eeks after the awarding of the bid.
Commissioner Mitchelson then inquired as to why this happened
and City Manager Thompson explained that permitting by the DEP
could take up to 120 days and projects are bid out before the
permits are issued to prevent delays. He further stated that the
architect for the project applied for the permit and the city had not
anticipated any modifications to the plans.
Commissioner Mitchelson inquired as to the benefits of the
requirement for the pilings and Mr. Dowling responded that it
would help resist the effects of scouring.
There being no further discussion, the motion carried unanimously.
C. Authorize the Mayor to Sign a Contract with the
Jacksonville Port Authority Relative to funding to
Replace Culverts at Dutton Island {City Manager)
Motion: Authorize the Mayor to sign a contract with the
Jacksonville Port Authority relative to funding to replace
culverts at Dutton Island.
Commissioner Borno inquired if any investigation had been done to
determine if a precast type culvert could be used, which would be
quicker and less expensive to install.
Mayor Shaughnessy explained that there had been discussion that
the culvert size would have to allow a canoe to pass through and be
wide enough to open the marsh flow.
Commissioner Beaver inquired as to the timetable for receiving
payment from the Port Authority. City Manager Thompson stated
it was his understanding that they were ready to send the city the
n check.
Commissioner Mitchelson inquired concerning the requirement to
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February 22, 1999
provide canoe access around the island and asked if this would
prove a financial burden to the city if the project exceeded the
$30,000.00 payment from the JPA. Commissioner Mitchelson
stated he would like to defer action until the actual cost for the
replacement of the culvert was known and to find out if the city is
bound by the Dutton Island Management Plan to complete this
project.
Discussion ensued concerning the interpretation of the wording of
Item 2 in the agreement as to what was meant by "will allow
canoeing around the island." City Manager Thompson stated it
was the city's intent to design something which would allow
canoeists to pass through it, but if the city found it was very cost
prohibitive to do so, he did not feel it would be bound by the
agreement to do that. The city's commitment if it accepts the
money and amending the agreement were briefly discussed.
Commissioner Beaver suggested that the City Manager contact the
JPA regarding the intent of the requirement and move forward with
the project.
There being no further discussion, the motion passed by a four to
one vote with Commissioners Beaver, Borno and Meserve and
Mayor Shaughnessy voting aye and Commissioner Mitchelson
voting nay.
D. Authorize the City Manager to Sign the Interagency
Agreement Between Jacksonville Transportation
Authority and the City of Atlantic Beach (City
Manager)
Motion: Authorize the City Manager to sign the
Interagency Agreement behveen the Jacksonville
Transportation Authority and the City of Atlantic
Beach.
Commissioner Beaver referenced Item 3 on Page -2- of the
agreement and inquired if the 10% savings mentioned in the City
Manager's memo dated February 17, 1999, include the 5%
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administrative fee put into the agreement by the JTA.
Public Works Director Kosoy explained that the estimated 10% was
in the estimate that came from the R-A-M Professional Group and
it did not include administrative costs. Public Works Director
Kosoy further stated that the administrative costs were what JTA
charges for administrating the contract for which the city typically
pays 5-8% per contract. It was pointed out that the JTA would
provide the engineering oversight, and the city would provide its
own inspector.
There being no further discussion, the motion carried unanimously.
8E. Dutton Island Letter
A draft letter composed by Mayor Shaughnessy to Mayor Delaney
requesting his consideration to purchasing a 101 acre parcel of land
belonging to Centex Homes as part of his Preservation Project was
distributed. The letter is attached and made part of this official
record as Attachment D.
Mayor Shaughnessy called and recess at 9:55 p.m. to allow the
Commissioners time to read the letter and reconvened the meeting
at 10:00 p.m.
Mayor Shaughnessy stated the letter was in draft form and
requested that the Commission at least approve the letter in
concept.
Commissioner Mitchelson summarized the content of the letter and
stated he approved sending it to Mayor Delaney.
Motion: Approve letter as presented and send it on to
Mayor Delaney as soon as possible.
Commissioner Meserve stated he agreed with the substance of the
letter but he had a procedural concern. He further stated that the
item was not on the agenda and citizens had a right to know before
any action was taken.
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Discussion ensued concerning the failure of the item to be placed
on the agenda. Mayor Shaughnessy stated that she had reported on
the letter at the end of the Workshop Meeting held on Saturday,
February 20, 1999, and requested at that time it be placed on the
agenda and this was not done.
Mayor Shaughnessy stated that the reason this item was being
addressed now was not to keep it out of the public eye, but because
there tivas a time constraint and the bulldozers would be coming in
six weeks to clear the property. She further stated that, she went to
the zoning hearings, as did Commissioner Borno, and pointed out
that discussions on various topics often began at the Mayors'
breakfasts and information/ideas from those meetings was brought
back to the Commission.
Commissioner Mitchelson requested that if approved, the letter be
signed as soon as possible and mailed
There being no further discussion, the motion carried unanimously.
9. City Manager Reports and/or Correspondence:
City Manager Thompson:
- Stated he would be happy to answer any question concerning
his written report to the Commission.
There were no questions and his report was accepted and
filed. The report is attached and made part of this official
record as Attachment E.
10. Reports and/or Requests from City Commissioners, City
Attorney and City Clerk
Commissioner Beaver
- Requested that the city look into Mr. Rabassa's letter and
commented that the city never skirted issues and always
responded to inquiries in a timely manner.
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February 22, 1999
- Requested that the City Manager share Item 1 of his report
with the citizens. City Manager Thompson reported that
Shawna Thies, a meter reader with the Public Works
Department, was the first recipient of the city's Superior
Achievement Award for single handedly reading all the
water meters in the city for many months.
There being no further comments or business to come before the
Commission, the meeting adjourned at 10:20 p.m.
ATTEST:
Maureen King, CMC
City Clerk
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Suzanne Shaughnessy
Mayor/Presiding Officer
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th - ATTACHMENT A
~~ ~~ ~N$JQ1 FEBRUARY 22, 1999 CON~IISSION MEETING
Attorney st 7 aw ~ r ~ ~ ..
935 North Third Street
f Yost Omce fox 50451
7ack4onvitle Beach, p7orida 32240-045'1
Telephone (904) 216-2500 FacsimBe (904) ?A6-9960
FAX MEMORANDUM
DATE:
TO:
COMPANY:
FAX NUMBER:
NUMBER OF PAGFS:
FROM:
CLIENT/MATTBR NO.:
David;
February 17, 1999 Time:
Mr. David E. Thompson, Acting City Manager
City of Atlantic Beach
(904) 247-5805
2 (including cover sheet)
ALAN C. 7ENSfiN, ESQ.
Tattoo and Body Piercing Business
MESSAGE
In response to your Memo of February 9, 1999, xegazding the above matter, I will answer the
basic questions from the Commissioners, as follows:
1. What factors can the Commissioners consider in making a determination. Are
they restricted to specific considerations. or can they simply deny the request?
The Commissioners can consider all applicable factors in making their determin-
ation, including zoning, compliance with other city, state and federal laws, and
the like, If alI criteria is met the applicant, I believe the Commission would have
to appzove the request, There must be a reasonable basis for any denial.
2. The business is reaui~ed by Fla Statute to be ~mder the g neral cta~ZVic;nn of a
doctor. What does this mean? Po they have to have a dectnr nn ctaff7 N rby~ On call
This matter has been addressed by Florida appeals courts. The Third District
Court of Appeal in ~perato v, zuelch, 395 So.2d 1231 (FIa 3rd DCA 1981),
held that in the statute the words "under the d'uection" require the supervising
doctor or dentist to have personal contact with the customer who is to receive the
~' ~~~ ,~ ALAN JENSEN ATTY 89? P02 FEB 1?'99 14:10
C ~~~
tattoo and to determine that application of the tattoo will not be harmful to the
health of the customer, and it is also required that the supervising doctor or
dentist be personally present during application of the tattoo ensure that the .
application is done in a sanitary manner.
The First District Court of Appeal, in which district we are located, has agreed
with the interpretation of the language of the statute governing tattooing in the
' rato case in Stanford v,~State, 415 So.2d 879 {Fla 1st DCA 19$2).
Again, in Beckerman v,_City.of Fort ude~daIc, 423 So.2d 925 (Fla 4th DCA
1982), it was held that the statute which prohibits tattooing except by a person
licensed to practice medicine or dentistry or a person under his direction must be
construed as requiring that a physician or dentist be in actual attendance during
tattooing operation.
I researched the above cases on WestIaw today and it appears that all of the cases
are still good law and there have been no cases since that time which change the
position of the appeals courts cited.
If you need any further information in this regazd, please let me know.
Alan
The information contained is this facs'unile message is attorney privilaged and confidential information intended only for
the use of the individual or entity rlsmed above. If the reader of this taassaga is not the intended recipient, or the
employee or agent responsible Lo deliver it to the intended recipient, you are hereby notified that any dissemination.
distribution or copying of Wis communication is strictly prohibited. Ifyou have zeceived this communication in error,
please immediately notify us by telephone and return the original massage to us at the above address via U.S. Postal
Service. Thank you.
t '
^ CITY OF ATLANTIC BEACH
( 800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233
ection
APPLICATION FOR X NEW LICENSE TRANSFER OF OWNERSHIP TRANSFER TO NEW LOCATION
TRANSFERRING FROM
BUSINESS NAME IMMORTAL BODY in INK (Tattoos and Body Piercing) _
LOCATION ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233
MAII.II~1G ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233
PHONE 904/247-9070 FAX N/A
EXPLAIN FULLY THE NATURE OF THE BUSINESS SEE ATTACHED
SQUARE FOOTAGE OF BUSINESS PREMISES 900 s f
(Include both buildings and outside areas used in conjunction z~•ith the business, but not patron parking areas)
NUMBER AND TYPE OF VENDINGMACHINES (if any)N/A
Section
LOCALPR]NCIPAL OFFICER/iYIANAGER/OWNER_ Nicole L. Gwyn
HOME ADDRESS 1890 West State Road 200; Callahan, Fl. 32011 '
DATE OF BIRTH August 21, 1969 DRIVER'S LICENSE # 10353752 Texas (Attach copy)
^ HOME PHONE 904/225-0231 S.S.# ORFEDERALEMPLOYERID 489-92-0636
( 1 STATE LICENSE/CERTffICATION/REGISTRATION # (if applicable, attach copy)
Section
I, the undersigned swear that the above statements are true and correct and I agree to notify the City Clerk if there is any change in the
above information.
I further understand that issuance of an occupational license by the City Clerk in no ~r'ay relieves me of the responsibility of compliance
~tiith all pro~nsions of the Code of Ordinances pertaining to conducting a business in the City of Atlantic Beach.
,~ =~~F~~r~_...~ - --- Studio Director
igmature Title
Nicole .Gwyn January 25, 1999 •
Print Name Date
NO PERSON, FIRM OR CORPORATION SHALL ENGAGE 1N OR MANAGE ANY TRADE, BUSINESS, PROFESSION, OR
OCCUPATION IN ATLANTIC BEACH WITHOUT FIRST OBTAII~lING A LICENSE AND PAYING AN ANNUAL FEE.
APPLICATION ANDIOR PAYMENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE.
Section 4. - CFor office use only
CODE #
t
STATE REGJCERT.
FICTITIOUS NAME REG.
HEALTH CERT. OTHER
CORPORATION REG.
REQUIRES COMM. APPROVAL: YES/NO DATE APPROVEDIDENIED BY COMM. ,
BUILDING DEPT. APPROVAL BY DATE
F)RE DEPT. APPROVAL BY
LICENSE # FEE PAID $ FULL/I-IAI.F YEAR
DATE
ZONING APPROVED BY DATE
CITY CLERK APPROVAL BY DATE
••. .
Section 1: Explain Fully the Nature of the Business
Immortal Body in Ink would like to represent the community of Atlantic Beach as a tattoo and
body piercing studio with the highest standards and most professional studio possible.
Our studio will be unique in that it will represent in a clean and sterile environment. Individual
booths will afford our artist and customers privacy allowing focused attention on the customer.
The studio will be staffed with professional, friendly people representing 25 years of combined
tattoo experience. The piercing staff will have combined experience of ten years. Both artist
are members of NPA (National Pierces Association), a nationwide organization dedicated to
safe and professional body piercing. •
All members working in the studio are Red Cross certified in CPR and first aid. This is a
standard Immortal Body in Ink considers important in better serving our customers.
No one under the age of 18 will receive body piercing in this studio without the written consent
of their parent or legal guardian. Both parent and child will be requested to sign the studio's
standard release form before any procedure will be performed.
Immortal Body in Ink permits only the use of pure metals such as surgical stainless steel,
titanium, or niobium in initial body piercing. Gold is not authorized due to its impurity which
~ could create health risk in fresh piercing. Gold however is safe after piercing is healed. Again,
all of our piercing methods are set to standard in accordance with the National Pierces
Association.
Tattoo standards will not permit anyone under the age of 18 to be tattooed. Anyone appearing
to be or known to be under the influence of alcohol or drugs will not be given a tattoo. Our job
is to provide the safest and most effective methods in our field to our customers. Drugs and
alcohol are not permitted on or in our studio and anyone not complying with this will be asked to
leave the premises.
Any woman appearing to be pregnant or stating that they are positive for pregnancy will also
not be permitted to be tattooed or receive body piercing. This will be for the safety of the
mother and child.
The standards stated above are hot from Florida Statute 59-R but are the standards for this
studio. A copy of these will be made available to our customers. The studio will only specialize
in tattoo and body piercing and will not engage in the sale of any other articles not related to
these two services. It is our sincere desire to be a safe and sterile studio for those customers
seeking the aesthetic services we offer.
Sincerely,
The staff of Immortal Body in Ink
.~
Nicole L.
• .-,
.~
j
Denn aldrop,
i
oren Clifford
` ~ ~ _~ ATTACHMENT B
~' _.
FEBRUARY 22, 1999 COMMISSION MEETING
North Florida Health Lare, inc.
1218 PARK AVENUE
ORANGE PARK FLORIDA 32073
~,
vr. Benjamin J. Philips, M.D. TELEPHONE
January 21, 1999 (904) 269-3953
TO WHOM IT MAY CONCERN:
Re: Immortal Body & Ink Tattoos
& Body Piercing Studio
1249 Mayport Road
Jacksonville, Florida
I, Benjamin J. Philips, M.D. have inspected the above named tattoo studio
for their sterilization techniques. This tattoo studio is under my general
supervision. Their sterilization techniques are as follows:
1. Autoclave (steam under pressure) heat 270 degrees at 28 pounds
for thirty minutes.
2. Ultrasonic cleanser to be used during tattooing between color
change using sterile water and alconox clinical detergent.
` 3. Only one use of surgical steel needles.
4. Surgical gloves used one time only.
5. Ink wells disposed of after one use.
' 6. Tincture of Green soap used before, during and after each tattoo.
7. Waiting area kept clean and neat.
8. Bathrooms are clean with towels, soap and clean toilet bowls and
basins.
9. No smoking permitted in studio.'
10. No one under 18 is tattooed without notarized parental permission.
11. Medically this tattoo studio passes.'
Sincerely,
~ _~
~~".~
Benj in J. P flips, Jr.
~ • .. ~y .
~+ y ,,,,,, ATTACHMENT C
FEBRUARY 22, 1999 COMMISSION MEETING
Stephen A. Kuti
1132 Linkside Drive
Atlantic Beach, FL 32233
Tel: 904/ 246-3700
e-mail: oregciga~iy^`/crol. com
February 9, 1999
City ofAtlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Attention: Mayor Suzzanne Shaughnessy
Commissioners Beaver, Borno, Meserve and Mitchelson
Sitbiect: Wonderwood Road Utilities Relocation Design/Redesign
Madam Mayor & Commissioners:
On February 8, 1999 at the public meeting, I asked you to be fair
~, during the discussion of Item 8C on the agenda, the additional cost of the
redesign for the Wonderwood Road Utilities Relocation. I asked you to
evaluate fairly ,which party is responsible for the need to redesign .
When we hired our consulting engineers for this project, the R A M
Group , their task was to meet with JTA ,JEA and their engineering
consultant (BHR engineering) to collect data relating to the design of
relocation .Based on that, R A M was to provide drawings, detail sheets ,
technical specifications ,Bid Forms, cost estimates to JTA within 45 days,
we signed the Agreement for Services.
Our engineering consultants submitted their Preliminary Plan (30%
submittal) 14 days after the date of the agreement, met with the responsible
parties, proceeded with their work to include minor modifications and
submitted the GO°o plan, as required.
Now, when the project is 90% completed, R A M were told to go
back to the drawing board, because JTA/JEA/BHR needs to make
clianges.
Last night, before you approved paying oitr consultant the additional
$7,900.00 for the RE-DESIGN after we paid them $20,OOD.00 for the
original DESIGN, I asked you to be FAIR and save the taxpayer's money.
~ I asked yorr to stop and determine wlto is responsible for needing a RE-
DESIGN ?
Was it our Consicltant who made the mistake? Or was it JTA, JEA or
BHR , wlio is responsible for these last minute clranges ?
• ~ ~ r
_~_
Madam Mayor, Commissioners, last night you made your decision
again without examining the facts in your folders and you spent taxpayer's
money foolishly, which 1 hope you don't do in your personal dealings.
1 know, you are capable of making good decision, but it seems to us,
that serving as commissioners , running your businesses, family, church a»d
other commitments, you have no time left to be fair with the taxpayers
money.
Stephen A. Kuti
Taxpayer
Atlantic Beach
~~
. ,
ATTACHriENT D
FEBRUARY 22, 1999 C0,~IISSION MEETING
DRAFT LETTER
22 February 1999
Dear Mayor Devaney,
In the wake of your Preservation Project announcement, we applaud it as bold in its approach and
visionary in its implications for future generations of Duval County residents. It has our
wholehearted support as a means to preserve for ourselves and for future generations the aspects
of life which are unique to North Florida as they currently exist.
We all love to see the expanded view of the marsh and Intracoastal as we cross whatever bridge
leads us to our home, whether our destination is Atlantic, Neptune or Jacksonville Beach. We
hope that this pristine condition of the marsh is still around when our children are old enough to
appreciate it. Through efforts such as your own, that may just be possible.
We are aware that you are assembling acitizen-based committee to decide upon the merits of the
many parcels of land deserving of preservation in Duval County, and have confidence in the
import which the committee will bring to its task of assigning priority to the acquisition of those
lands. .
By means of this letter, we wish to ask you to consider on a priority level a specific parcel which
we deem significant in terms of its size, location in relation to the waterway and timetable for
development, which is imminent.
It is a 101-acre parcel, with more than a mile of frontage on the Intracoastal Waterway. It
consists mostly of hardwood trees and qualifies as a true "maritime forest." It is scheduled for
land clearing by bulldozer in about six weeks. It lies within the Jacksonville city limits and is the
largest remai~ii~tg available parcel on the barrier island within Duval County. Its purchase has
the full endorsement of the Councilman within whose district it lies. It is owned by Centex
Homes Development Corporation, and it is available for purchase.
We feel the benefits of this purchase fulfill several of the goals of the Preservation Project. It is an
unusually beautiful piece of property, integral to the preservation of the marsh system, as its
shoreline occupies a significant length of Waterway frontage. Its preservation also ameliorates
the cumulative and secondary impacts of development which impact schools and roads in terms of
the increase in population which must be somehow accommodated. Our middle school at
Mayport is already overburdened, and the additional traffic generated by the additional homes
would severely strain local roads both within your jurisdiction and ours.
If your Committee will not be operational in time to consider this purchase, may we ask that you
consider any other avenues available to you, such as the Land Trust for Jacksonville, or the Trust
for Public Lands in Tallahassee, which buys worthwhile property and holds it while governments
identify a funding source.
If you could see the area, you would immediately recognize it as one of the rare remaining parcels
of old growth hardwood forest which, once lost, cannot be reproduced.
~ . T
1 ~
- ATTACHMENT E
FEBRUARY 22, 1999 COMMISSION MEETING
CITY MANAGER REPORT
FEBRUARY 16, 1999
1. Commendations:
The first recipient of the Superior Achievement Award, under the incentive plan
adopted by the City Commission last year, was Shawna Thies. Ms. Thies is a
meter reader who worked in a division for many months that was shorthanded by
two (2) people. In the absence of others, Ms. Thies went without taking personal
leave or vacation so that she couYd~keep up with the workload. Her duties were
altered and her workload was increased, but she managed to keep up and complete
all of the meter readings in the city for timely billing. City staff suggested that she
attend a City Commission Meeting for public recognition, but she preferred not to
do so. See attachment from Mr. Kosoy.
Please see the letter from Ms. Judy Bost commending Police Officer Robert
Harding for assisting in a matter at the Food Lion in Neptune Beach.
-2. Please see the attached Waste Management Report including the recycling figures for
December 1998.
;. Re: Request from citizen to relocate the mail box from the 5 way intersection of Plaza
Dr., Sherry Dr., and Seminole Road, to another location a short distance away (see
attachment). City staff had this mail box relocated a few years ago, and it was met with
an immediate, overwhelming response in opposition to it. The City had it returned to its
existing location within a few days.
It is currently in a very visible location at a highly traveled location, and there is no
evidence that it creates any specific safety hazard. The City staff recommendation is not
to move it.
4. Regarding the Friedemanns who spoke previously under visitors regarding drainage
problems in Selva Marina, please see the attachment from Mr. Kosoy discussing the
drainage problem. The Friedemanns have been notified that the problem exists on private
property, and City staff will be glad to work with the residents and/or Homeowners'
Association to have the problem resolved.
5. George Worley and the City Manager attended the February 11, 1999 meeting of the
Charter Revision Commission for the City of Jacksonville. One of the items on the
agenda was the consideration of a uniform tax rate for all of the Urban Service Districts
(see attachment). The matter was discussed briefly, and it died with no motion. One of
^, the significant influences in this matter was a letter from Mayor Delaney recommending
t that they not consider the issue, especially in light of interlocal agreements that exist.
6. The City Manager vas contacted on February 10, 1999 by the St. Johns Water
Management District, and he was told that they have approved a $25,000 stormwater
grant for Atlantic Beach. Bob Kosoy had been working on this project over the past two
(2) years, and it has been awarded. Details will follow in the near future.
7. The City staff has received a Notice of Commencement of Construction for the lifeguazd
building (see attachment). The construction fence has been erected, and it leaves room
for pedestrian traffic so that the beach access remains open.
8. Please see the attached Public Works Project Status Report. This report is provided to
the Commission to keep commissioners informed on the status of various projects in
Public Works.
9. The City Staff received a petition from residents on Pine Street relative to drainage (see
attachment). They are asking for curbs, gutters, and driveway repairs.
At this time, Public Works is reviewing the situation, and a report will be provided for the
City Commission in the near future outlining their findings and recommendations.
' 10. Projects On Hold:
~` The fire contract is still awaiting approval from Jacksonville.
City Staff is waiting on information from the Post Office before proceeding with
further work in seeking ingress from Plaza Dr.
The proposed roundabout at the five-way stop is undergoing review from Jax
Traffic engineering, and City 'staff is waiting on their direction.
The JTA right-of--way purchase near Wonderwood is being evaluated. When the
property was staked out, it became apparent that the purchases and Temporary
Construction Easements would have an impact on the City Plant operations at that
site. At this time, Public Works is obtaining prices for the alterations and
relocations of equipment that will be required if the sales and TCEs are approved.
City Attorney Alan Jensen will be negotiating the purchase with JTA
representatives.
The Peoples Gas contract is almost completed. There are still a few details to be
worked out, and the contract will be forwarded to Peoples Gas for their review.
City staff expects to have the contract on the next City Commission Meeting.
t '
~~
At the last City Commission Meeting, staff was instructed to seek mechanisms to
increase the collection rates of outstanding debts to the City. The collection of
various unpaid bills/fees is largely dependent on the sources of the bills/fees. The
mechanisms vary significantly from the collection of bad checks to the collection
of parking fines. For this reason, City staff will be researching the various
outstanding debts and the appropriate collection mechanisms. This process may
take several weeks before a report is completed.
11. Please find the attached FAX from City Attorney Alan Jensen regarding the Tattoo and
Body Piercing business request at the last City Commission Meeting. The memorandum
from the City Attorney addresses two of the questions that were discussed relative to the
request for City Commission approval.
~'
~ • 1
' , ~
MEMORANDUM
February 10, 1999
TO: Shawna Thies, Meter Reader
FROM: Bob Kosoy, Director of Public Works ~~
.SUBJECT: Superior Achievement Award
Congratulations on your being selected as the City's first recipient of a Superior
Achievement Award and first employee to receive a bonus as part of this program.
Your work in performing all the meter reading duties for the City since July 29, 1998
until another meter reader was hired was an extraordinary effort and saved the City a
considerable amount of money. We sincerely appreciate your efforts and wish you
continued success with the City of Atlantis Beach.
RSK/Imh
cc: David Thompson, City Manager
Harry E. McNally, Utility Plants Division Director
Personnel File
C~)
t
1 ~ ~
. . , ~ +
January 25, 1998
David Thompson, Chief
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, Florida 32233
Dear Chief Thompson:
iy~~ ~ ~~
I would like to take this opportunity to commend Officer Robert Harding for his assistance last
week in reference to a child being left in a car.
My husband and I parked in the Food Lion parking lot in Neptune Beach just after dark. As I
got out of our vehicle, I noticed a small child in the car next to us. I looked around and saw an
Atlantic Beach Police vehicle in the same area and went into the store to locate the officer. I
-explained the situation to Officer Harding and he went to check on the child. He returned in just a
few minutes and said there were no cars around our vehicle.
\ I thanked him and said that I knew that he was an Atlantic Beach officer and I appreciated the
help. He could not have been kinder or more professional and even thanked me for reporting this
incident for the child's sake.
The entire beaches' area is really like a small town and it's nice to know that we have such
professional individuals in all our department's.
Sincerely,
~~
Judy I. Bost .
115 Walnut Street
Neptune Beach, FL 32266
t
,,~
~a)
Febiuary 3, 1999
Bob Kosoy, P.E.
Director of Public Works
City ofAtlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Subject: Jacksonville Waste Control -Solid Waste
Monthly Report for December, 1998
Dear Bob;
WASTE MANAGEMENT
Jacksonville Waste Control
6501 Greenland Rd.
Jacksonville, FL 32258
(904)260-1592
(904)260-1449 Fax
The disposal results of our collection service for December is summarized as follows:
~~ Trail Ridge Landfill 696.52 tons
Jacksonville Mulch Site 121.83 tons
Recyclable collection for the month is summarized as follows:
Total services 17,856
Total set-outs 17,340
Total tons 90,77
Avg. poundslcustomer/week 10.17
We trust this information is satisfactory and we appreciate the opportunity to provide your
solid waste and recycling services.
Sincerely,
Laura Hewitt
Administrative Assistant
CC: Jim Jarboe, City Manager
Honorable Mayor Suzanne Shaughnessy
Maureen King, City Clerk
i
A Division of Rcfuse Services, lnc.
• . , C~~
l
l
JACKSONVILLE WASTE CONTROL
MONTHLY RECYCLING SUMMARY
CITY OF ATLANTIC BEACH
1998
CUSTOMERS POUNDS
MONTH TOTAL
SERVED TOTAL
SET-OUT SET-0UT
RATE TOTAL LBS PER
SET-0UT LBS PER
DRIVE BY
JAN 20,088 19,953 99% 177,980 8.92 8.86
FEB
17,856
17,458
98%
133,620 1
7.65
7.48
MAR 20,088 19,874 99% 171,700 8.64 8.55
APR 18,972 18,705 99% 159,000 8.50 8.38
MAY 18,972 18,758 99% 163,740 8.73 8.63
JUN 20,088 19,686 98% 148,380 7.54 7.39
JULY 18,972 17,698 93% 150,440 8.50 7.93
AUG 18,972 16,516 87% 169,800 10.28 8.95
SEP 17,856 14,864 83% 155,620 10.47 8.72
OCT 17,856 17,247 97% 157,100 9.11 8.80
NOV 17,856 16,432 92% 166,900 10.16 9.35
DEC 17.856 17,340 97% 181,540 10.47 10.17
TOTAL 225,432 214,531 N/A N/A N/A
AVG 18,786 17,878 95% 0 0.00 0.00
ATLANTIC BEACH
.. ,
'~, ~
~3)
M E M O R A N D U M
To: City Manager Thompson
From: Mayor Shaughnessy
Subject: Referral of citizen suggestion
Date: February 3, 1999 .
Attached please find a copy of Patricia Goelz's letter to the City Commission
dated 28 January 1999. She suggests that the postal collection box might be
better located somewhere other than the 5-way stop at Plaza, and mentions
petitioning the Post Office to move it. Will you please staff this issue and forward
your recommendations to Members of the City Commission, the City Clerk, and
Mrs. Goelz. Thank you for your consideration of this matter.
•~~, ,~ ,JAN+-28-99 THIJ 9 20 WHO NATIONAL SALES
~~
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MEMORANDUM
February 3, 1999
TO: David Thompson, City Manager
FROM: Bob Kosoy, Director of Public Works '"~"~~~
SUBJECT: Drainage Problem at 1898 Selva Marina Drive
On Monday, February 1, 1999, after a morning rain, you and I met Mr. & Mrs.
Friedemann at their home at 1898 Selva Marina Drive. We toured the property with
Mr. Friedemann and reviewed the drainage problems at his home and at 1904 Selva
Marina Drive. At this meeting he was informed that we would be reviewing City
drainage maps to determine ownership and location of existing drainage paths and
structures. .
On Tuesday, February 2"d ,Jim Deming and I located manhole #4 behind inlet #1 on
Sevilla Blvd. West This manhole was covered by approximately one foot of topsoil and
sod. We confirmed that the pipe from inlet #1 was not making an abrupt turn, but went
into this manhole and then an 18" concrete pipe continued behind lots 1-4 to the
wetlands. We did not uncover manhole #2 because this was covered by over 2' of
mulch and topsoil as confirmed by a probing rod.
We confirmed that ownership of this drainage system belongs to the Sevilla Gardens
Homeowners' Association, Inc. as filed in Volume 6617, Page 2287 of the Official
Records. In addition, minutes of the June 26, 1989 commission meeting confirm that
the City Commission accepted water and sewer improvements in Sevilla Gardens for
maintenance.
It is recommended that the lids to manholes #1 and #2 be converted to catch basin
style covers, and that another catch basin be installed between lots 3 and 4 to accept
drainage between the lots. We will be happy to work with the Homeowners' Association
and residents to recommend contractors and discuss the work needed to improve the
drainage problem.
' ~ 1 ~ 1
• ~ ~ . / ~
l
(904) 630-1377
OFFICE OF THE CITY COUNCIL
CHARTER REVISION COMMISSION
;i~~~N~A
February 11,1999
12:00 P.M.
City Hall @ St. James
Suite 425, Conference Room A
(5)
JACKSONVILLE, FLORIDA
32202
This meeting is open to the public and anyone interested is welcome to attend.
COMMISSION MEMBERS:
Stephen Durden, Chairman
William Allen
Ed Austin
Bill Brinton
James Bloomer, excused
Ronald Deckard
Bruce Glassman
John Guns
Mary Phelan, excused
~.o4~C~o~'~
r~
c`3
•~~~~~
Valveta Turner
Richard Warfel
Paula Weatherby
William Weston
,Mike Winter
Jon Yost
Neill McArthur, Jr., Assistant General Counsel
John J. Jackson, Research Staff
Mary Robbins, Council Assistant
I. Discuss proposal to eliminate or expand Urban Service District-One
II Consider a uniform tax rate for all the Urban Service Districts (City ofJacksonville, Beaches,
& Baldwin)
Other items may be added to the agenda at the discretion of the Chair.
• w .. ~
' ~
Dowling ConsEruct~ion Com any
24I Atlantic Blvd., Suit 5F3
Neptune Beae~h, FL 3 266
(9 4) 246-1 33
Fax (9 ~ 4) 247- 147
12 February, 1999
Don Ford
• City of Atlantic $each
Re: Notice of Commencement of Construction
Dear Don,
As you know we are commencing construction of the J,ifeguard Tov
neat week. The safety fence is Ueing installed today by a national c
have contracted for this purpose. the pilings ai•e going in next wee
construction will continue until eoxnpletion bar any ttt~forescest circ
Due to the delay from the change orders, we are starting later than
originally planned, but w•e will make every effort to complete this pI
our preliminary estimate. Pete and I will prepare a consti-izctiotl scr
have it to you next vsreek. I assume yott will heed the building for th
sometime in May or June. When does tk~eir season start?
Attached are copies of letters sent out today to the nearest homeow
Payne and the manager of the Sea 1lxrtle Inn, Rene Schitg, as Svc di
our meeting back in November. If there is anything we have overloc
let us know.
Sincerely,
• Cindy Corey
r............
Cc. avid Tho
Bob Kosoy, City of Atlantic Beach
Attachrnents
HEVWOOD DOWLING 9042493502
r Buildi g
np~ny e
and
instanc s.
•c had
ect witl in
yule an 1
Lifcgua ds
;r, Ch cs
sussed i
ed, plc -•e
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CITY OF~
r~'~,°cuttic ~'eacl - ~~vct,'da
(S)
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4381
TELEPHOr'E (904) ?~7-5834
FA7- (904j 247-5843
MEMORANDtTI~~I
February 16, 1999
TO: DAVID THOMPSON
CITY MANAGER
FROM: BOB KOSOY
PUBLIC WORKS DIRECTOR
RE: PROJECT STATUS REPORT
Attached is the updated status report on Public Works projects recently completed or currently
underway.
If }you have questions on any of these projects, please call.
RSK:dk
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February 9, 1999
MEMORANDUM
To: David Thompson
Acting City Manager
800 Seminole Road
Atlantic Beach, FL 32233
From: The Residents of Pine Street
We are sending you this information with the expectation that you will be able to help us. The enclosed
pictures and petition really speak for themselves. Each citizen on this street had only one reaction when
- asked for their signature on the petition: "It's about time !!!!"
The following three persons aze tivilling to act as representatives of the group to work ~i~th you in finding a
solution to our continuing problem.
Nick Pappas 281 Pine Street 247-0647
Dorothy Hamm 238 Pine Street 249-4201
Beverly Duguid 221 Pine Street 246-4177
We look forwazd to hearing from you in the very near future.
(9l
t
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f
Petition for Action to Improve Drainage on the entire length of Pine
Street ,Atlantic Beach;
We, the undersigned residents of Pine Street, petition the City of Atlantic Beach to address the significant
drainage problems we have endured for nearly two decades. These were not addressed by the original Salt
Air improvements and arc not part of the Core City Project as planned,
Vt'hercas the residents of Magnolia and Poinsettia have seen vast improvements to their property when
there is significant rainfall as a result of the Salt Air improvement project ,the residents of Pine Street now
find we are in no better and in many instances in worse condition than formerly. We find that after almost
every rain, we are left with deep puddles of standing water at the end of our drives.
We understand ihat a petition was presented to the City and that the City has agreed to address the
drainage problems by adding curbs and gutters as well as repairing driveways on a portion of Pine Street
(between Sturdivant Street and David Street). We, the undersigned, think it would only be technically and
financially reasonable to address the problems which exist the entire length of Pine Street, from Sturdivant
Street to Howell Park, atone time.
Signature
Street Address
ZLS' P~,~,~' Sr:
-Z c ; /~ ~ ,vL-" S i
z ~o ~,.~E- sr
Z~S ~~ n e ~ ~t „_
30 / ~.~...~. ST.
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~~ P~~ f
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o~a4 ~~Mc ~7r~'eGf
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i ~ y.. a f
Petition for•Action to Improve Drainage on the entire length of Pine
. Street ,Atlantic Beach:
We, the undersigned residents of Pine Street. petition the City of Atlantic Beach to address flit significant
drainage problems we have endured for nearly two decades. These were not addressed by the original Salt
Air improvements and arc not part of the Core City Project as planned.
Whereas the residents of Magnolia and Poinsettia have seen last improvements to their property when
there is significant rainfall as a result of the Salt Air improvement project .the residents of Pine Street now
find we are in no better and in many instances in worse condition than formerly. We find that after almost
every rain, we arc left with deep puddles of standing water at the end of our drives.
We understand that a petition was presented to the City and that the City has agreed to address the
drainage problems by adding curbs and gutters as well as repairing driveways on a portion of Pine Street
(between Sturdivant Street and David St:eet). Wc, the un: ersigncd, thin]: it zvo-~ld only be technically and
financially reasonable to address the problems which exist the entire length of Pine Strcct, from Sturdivant
Street to Howell Park, at one time. ~ •
Signature
Street Address
""!
. ~~
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!~ `ti~i I~+YrC'ff~'<, _ J .•~~~~l.=t:~•.~,y`1~'~E~N-~~'w'1'`?~#ly~„~~•~*t` f`
}i,r ` `J. ~~zty~~.. T..~l~•~~~ _ J `" '`~•~~. ~.f if ~•P.r'~$~~}'-;Y~2r~°.,+YJ~
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ALAN JENSEN ATTY 89? P01
Attorney at Law
935 North Third Street
Yost OtYice $os 30457
Jacksonville Beacb, Florida 322.10-4457
Telephone (904) ?.i6-2500
FEB 1?'99 14:09
~~~~
Facsim~e (904) ?st6-9960
FAX MEMORANDUM
DATE: February 17, 1999 Time: '~ /fi.
TO: Mr. David E. Thompson, Acting City Manager
COMPANY:
FAX NUMBER:
NUMBED OF P.A.GFS:
FROM:
CLIENTlMATTER NO.:
David:
City of Atlantic Beach
(904) 247-5805
2 (including cover sheet)
ALAN C. 7EN'SfiN, ESQ.
Tattoo and Body Piercing Business
MESSAGE
In response to your Memo of February 9, 1999, regazding the above matter, I will answer the
basic questions from the Commissioners, as,follows:
1. tiVhat factors can the Commissioners consider in maldn~ a determination? Are
they restricted to specific considerations or can they simply deny tlie regquest?
The Commissioners can consider all applicable factors in malting their determin-
ation, including zoning, compliance with other city, state and federal laws, and
the like, if alI criteria is met the applicant, I believe the Commission would have
to approve the request. There must be a reasonable basis £or any denial.
2, hn 'Re.,~~.~gq~,~ed by Fla Statute to be under the general Supervision of a
doctor, What does thus. mean? Do they have to have a doctor on staff Neazby? On call?
'This matter has been addressed by Florida appeals courts. The Third District
Court of Appeal in Ripe to v. Zuelch, 395 So.2d 1231 (FIa 3rd DCA 1981),
held that in the statute the words "under the d'ucction" require the supervising
doctor or dentist to have personal contact with the customer who is to receive the
~~
~F~,.'a
' ~~ ~ ~ ALAN JENSEN ATTY t39? P02 FEB 1?' 99 .14: 10
~ ~~~
( tattoo and to determine that application of the tattoo will not be hazmful to the
health of the customer, and it is also required that the supervising doctor or
dentist be personally present during application of the tattoo ensure that the
application is done in a sanitary manner.
. The First District Court of Appeal, in which district we are located, has ao eed
with the intcrpretadon of the language of the statute governing tattooing in the
' erato case in Stanford ~. State, 415 So.2d 879 {Fla 1st DCA 1982).
Again, in ~kerman v Cit~of Fort Lauderdale, 423 So.2d 925 (Fla 4th DCA
1982), it was held that the statute which prohibits tattooing except by a person
licensed to practice medicine or denfistry or a person under his direction must be
construed as requiring that a physician or dentist be in actual attendance during
tattooing operation.
I researched the above cases on Westlaw today and it appears that all of the cases
aze still good law and there have been no cases since that time which change the
position of the appeals courts cited.
t
Zf you need any further information in this reaazd, please let me know.
Alan
1'he information contained in this facsimile message is attorney privileged and confidential information intended only for
the use of the individual or entity named above. If the reader of this message is not the intended zecipient, or the
employee or agent responsible to deliver it to the intended zecipient, you are hereby notified that any dissemination.
distribution or copying of this communication is strictly prohibited. Ifyou have zeceived this communication is error,
please immediately notify us by telephone and return the orig'mal message to us at the above address via U.S. Postal
Service. Thank you.