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02-22-21 Regular Commission draft agenda packet City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, February 22, 2021 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Regular Commission Meeting on July 27, 2020. 07-27-20 DRAFT Regular Commission Meeting Minutes 5 - 35 1.B. Approve minutes of the Regular Commission Meeting on December 14, 2020. 12-14-20 DRAFT Regular Commission Meeting Minutes 37 - 44 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Instructions for providing public comments 45 3. CITY MANAGER REPORTS 3.A. 0 Lilly Street 0 Lilly Street Prospective Land Purchase 3.B. North Beaches Paid Parking Program Website: Atlantic Beach Residents Registration Neptune Beach - Program overview and statistics Beaches Town Center - Business Owner Survey 47 - 66 3.C. Accept the 90-Day Calendar 90-Day Calendar (March through May 2021) 67 - 70 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. 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 Page 1 of 102 Regular City Commission - 22 Feb 2021 DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Acknowledge receipt of the Financial Report as of January 31, 2021. Financial Report as of January 31, 2021 71 - 75 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 21-10 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING A 51- INCH-DIAMETER LIVE OAK TREE AND A 43-INCH-DIAMETER LIVE OAK TREE AT 1911 NORTH SHERRY DRIVE AS A HERITAGE TREE. Resolution No.21-10 77 - 82 8.B. RESOLUTION NO. 21-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ESTABLISHING THE CITY’S 2021 PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 21-11 83 - 86 8.C. RESOLUTION NO. 21-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREEMENT FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT WITH SUZANNE W. GREEN, P.A., AT A BIMONTHLY RATE OF $3,000, PLUS $1,000 ANNUALLY; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 21-13 87 - 98 8.D. RESOLUTION NO. 21-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-01 MULTI-YEAR CONTRACT FOR ORTHOPHOSPHATE. Resolution No. 21-14 99 - 102 9. ACTION ON ORDINANCES 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT Page 2 of 102 Regular City Commission - 22 Feb 2021 This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. 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 n eed a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. 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’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 102 Page 4 of 102 Regular City Commission July 27, 2020 MINUTES Regular City Commission Meeting Monday, July 27, 2020 - 6:30 PM via Videoconference INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Kelly led the invocation. CALL TO ORDER: Mayor Glasser called the meeting to order at 6:30 PM. Due to extraordinary circumstances, the meeting will be held via videoconference, pursuant to Governor Desantis's Executive Order Number 20-69 and COAB Emergency Order. Mayor Glasser reported Item 10A. Public Hearing - WAIV20-0001 Waiver Request is deferred to September 28, 2020 as noted in the Final Agenda. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 (District 1308) Blythe Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 (District 1312) Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting on April 27, 2020. 1B. Approve minutes of the Commission Workshop on April 27, 2020. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. Page 1 of 31 Agenda Item #1.A. 22 Feb 2021 Page 5 of 102 Regular City Commission July 27, 2020 2 COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments for electronic meetings and opened the Courtesy of the Floor to Visitors. Senior Systems Engineer, Bob Cimon stated there were no registered speakers for Courtesy of the Floor. DCM Hogencamp stated written comments were received from one person, Carol Girardey (which are attached hereto and made part of this official record as ATTACHMENT A). DCM Hogencamp reported Ms. Girardey's comments will be entered into the record and not read due to being over the 300 word requirement. Mayor Glasser closed the Courtesy of the Floor. ATTACHMENT A - Written Comments, July 27, 2020 3 CITY MANAGER REPORTS 3A. City Manager’s Report CM Corbin reported on the following: • Budget is in progress, state projections looking positive, hoping to bring forth a balanced budget. • In response to racial equity workshops, an update on policies will be presented (Interim Chief Gualillo to report) Interim Police Chief Gualillo shared draft language to be added to the De-escalation/ Use of Force, vascular neck restraints/choke hold, Response to Resistance/Duty to Intervene, and Rules of Conduct/Duty to Report Misconduct policies. • We continue to push forward on racial equity initiates and to draft a racial equity plan. Atlantic Beach Ocean Rescue Coordinator, Capt. John Phillips, provided an update on the Thor Guard System which is equipment purchased for Lifeguards to use to make the public aware of lightening approaching. He reported results have been effective. He thanked the City for purchasing the equipment. CM Corbin requested clarification regarding the mechanics of the system and how alerts are handled. Capt. Phillips spoke regarding the sensors, the remotes, the process of alerts and requested additional remotes, specifically for Ahern Street and the Oceanwalk area. Mayor Glasser expressed appreciation for Capt. Phillips' leadership, all the lifeguards and the efforts to put this system into place Page 2 of 31 Agenda Item #1.A. 22 Feb 2021 Page 6 of 102 Regular City Commission July 27, 2020 3B. Accept the 90-Day Calendar There was CONSENSUS to accept the 90-Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Anderson congratulated the Fletcher High School graduates and thanked Mayor Glasser for her attendance. Commissioner Kelly thanked the staff for their consistent hard work during this season. Commissioner Waters congratulated the graduates of 2020 and thanked Interim Chief Gualillo for his efforts on updating of the necessary policies. Mayor Glasser congratulated the Class of 2020, and suggested citizens to visit the Tide Views Preserve where the twenty trees for the class of 2020 were recently planted. She reported the executive order for virtual meetings is expiring on July 31st and expects it to be extended. She thanked Interim Chief Gualillo for working on policy language. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA 6A. Acknowledge receipt of the Monthly Financial Report for June 2020. 6B. Acknowledge receipt of the Building Department Activity Report FY2020 through Q3. Motion: To pull Item 6A for discussion. Commissioner Anderson pulled Item 6A for discussion. She requested clarification on revenues and asked how this this year’s budget would be affected. Finance Director (FD) Burns responded that state revenue reporting runs one to two months behind. Commissioner Anderson inquired about current projects budgeted for this year and asked if not completed this year will they make next year's budget. CM Corbin reported hopefully recommendations can be presented at Thursday's meeting. Commissioner Kelly inquired about “Fines and Forfeitures" on page 32 of agenda packet. She asked what the source was and why it is so far behind. Interim Chief Gualillo reported traffic citations have gone down in recent years and we haven't had any large forfeitures. Page 3 of 31 Agenda Item #1.A. 22 Feb 2021 Page 7 of 102 Regular City Commission July 27, 2020 MOTION: To approve Items 6A. and 6B. on the Consent Agenda. Motion: Blythe Waters Second: Brittany Norris Ellen Glasser For Cindy Anderson For Blythe Waters (Moved By) For Candace Kelly For Brittany Norris (Seconded By) For Motion passed 5 to 0. 7 COMMITTEE REPORTS None. Mayor Glasser asked to deviate from the order of the agenda by moving Item 10C to after Item 7. MOTION: To move Item 10C. to after Item 7. Motion: Candace Kelly Second: Cindy Anderson Ellen Glasser For Cindy Anderson (Seconded By) For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris For Motion passed 5 to 0. 10C. Façade Improvement Grant CM Corbin reported on the details regarding the application. Planning and Community Development Director (PCDD) Amanda Askew provided slides of the Façade Grant application and project details which are included in the agenda packet. Applicant Jeff Klotz was present for questions. Commissioner Anderson inquired about the removal of certain trees, his plans for the flowers and bushes already there in regard to his future landscaping plans. Mr. Klotz responded the trees are diseased and need to be replaced, and he plans to keep as much of the existing shrubbery plus additional landscaping to add color. Page 4 of 31 Agenda Item #1.A. 22 Feb 2021 Page 8 of 102 Regular City Commission July 27, 2020 Commissioner Norris inquired about the use of native species for his landscaping. He stated he is open to suggestions and guidance. Commissioner Waters asked Mr. Klotz to report on the background of the building, such as improvements and renovations. Mr. Klotz provided a detailed report of what has been done and future plans. Mayor Glasser thanked Mr. Klotz and invited other businesses' to follow suit and take advantage of this grant. MOTION: To approve grant request. Motion: Brittany Norris Second: Candace Kelly Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Seconded By) For Motion passed 5 to 0. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 20-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING A FUND BALANCE POLICY AND PROVIDING AN EFFECTIVE DATE Mayor Glasser read the Resolution by title. CM Corbin provided a brief summary. FD Burns reported the only change made was that funds can be used for land acquisition, as requested. Commission Anderson asked how or if the new policy affects Resolution No. 04-10. She suggested to add language for clarification. Mayor Glasser stated this is a good time to update Resolution No. 04-10. CA Durden agreed and discussion ensued regarding how to proceed. CA Durden provided language for Resolution No. 20-27, adding a new Section 2. current Section 2 would become Section 3. The new sentence to read: Page 5 of 31 Agenda Item #1.A. 22 Feb 2021 Page 9 of 102 Regular City Commission July 27, 2020 "To the extent Resolution No. 04-10 conflicts with this Resolution, the provisions of this Resolution shall supersede Resolution No. 04-10." Mayor Glasser clarified the amendment to this Resolution does not change the Fund Balance Policy, Commissioner Kelly inquired if anyone else would be interested in retaining a specific percentage for debris removal or disaster recovery. CA Durden reported that debris removal is out of a separate fund. MOTION: To approve Resolution No. 20-27 as amended to add the new Section 2 (as stated by the City Attorney) "To the extent Resolution No. 04-10 conflicts with this Resolution, the provisions of this Resolution shall supersede Resolution No. 04-10." Motion: Cindy Anderson Second: Brittany Norris Ellen Glasser For Cindy Anderson (Moved By) For Blythe Waters For Candace Kelly For Brittany Norris (Seconded By) For Motion passed 5 to 0. 8B. RESOLUTION NO. 20-28 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT NUMBER Z1612 AND ANY AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin provided a brief summary. FD Burns reported it covers police overtime related to COVID-19 and any emergency protective measures. All questions were answered. MOTION: To adopt Resolution No. 20-28 as read. Motion: Candace Kelly Second: Brittany Norris Page 6 of 31 Agenda Item #1.A. 22 Feb 2021 Page 10 of 102 Regular City Commission July 27, 2020 Ellen Glasser For Cindy Anderson For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed 5 to 0. 9 ACTION ON ORDINANCES 9A. ORDINANCE NO. 70-20-20 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20, TAXATION; ARTICLE V, ADDITIONAL HOMESTEAD EXEMPTION; AMENDING SECTION 20-82, ADDITIONAL HOMESTEAD EXEMPTION; INCREASING THE AMOUNT OF THE ADDITIONAL HOMESTEAD EXEMPTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CM Corbin reported this on the agenda for consideration as an option for our low income seniors. FD Burns reported the impact to the City will be $3300.00 if all 52 eligible properties applied. She stated it would take effect January 2021. Questions and discussion ensued about the application process, who would notify those eligible, and the language in Section 20-82 on Page 51 of agenda. FD Burns responded that the language came out of our Code. CA Durden provided clarification and stated she believed the word additional should stay. She recommended to note the typo - there is no section 2. , it jumps from section 1. to section 3. Mayor Glasser requested that be added to the motion. MOTION: To adopt Ordinance No. 70-20-20 with the amendment to renumber sections as stated by City Attorney. Motion: Candace Kelly Second: Cindy Anderson Page 7 of 31 Agenda Item #1.A. 22 Feb 2021 Page 11 of 102 Regular City Commission July 27, 2020 Ellen Glasser For Cindy Anderson (Seconded By) For Blythe Waters For Candace Kelly (Moved By) For Brittany Norris For Motion passed 5 to 0. 9B. ORDINANCE NO. 65-20-41 Introduction and First Reading AN ORDINANCE, AMENDING THE CODE OF ORDINANCES, CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I. GENERAL PROVISIONS, AMENDING SECTION 19-4 SPECIAL EVENTS TO INCLUDE PUBLIC ASSEMBLY AND PARADES; RENUMBER SECTIONS 19-5 INTERSECTIONS; SIGHT DISTANCES REQUIREMENTS AND SAFETY ZONES, SECTION 19-6 TRAFFIC CALMING DEVICES AND SECTION 19-7 CONSTRUCTION OF DRIVEWAYS IN RIGHTS-OF-WAY, REPEALING SECTION 21-3, PERMIT REQUIRED FOR PARADES AND PROCESSIONS IN CHAPTER 21 TRAFFIC AND MOTOR VEHICLES PROVIDING FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. Mayor Glasser read the Ordinance by title. CM Corbin reported on previous discussion regarding where people could and could not protest and special event permitting. Planning and Community Development Director (PCDD) Amanda Askew reported Interim Chief Gualilllo stated the language supports what needs to be accounted for in this Ordinance. CA Durden emphasized the need for language to withstand judicial review. She suggested an update of procedures and current codes to reflect the need for safeguards regarding discretion of the City Manager. She provided case law. Lengthy discussion ensued regarding clarity of the 50ft rule, review by CA Durden, the picketing section, a lack of clarity in the changes made and needing further discussion before moving forward. Discussion ensued regarding restriction of free speech and constitutional rights. Page 8 of 31 Agenda Item #1.A. 22 Feb 2021 Page 12 of 102 Regular City Commission July 27, 2020 MOTION: To defer Ordinance No. 65-20-41 until September 14, 2020 with intent to hold a workshop immediately before the Commission meeting on that date. Motion: Brittany Norris Second: Blythe Waters Brittany Norris (Moved By) For Ellen Glasser For Cindy Anderson For Blythe Waters (Seconded By) For Candace Kelly For Motion passed 5 to 0. 10 MISCELLANEOUS BUSINESS 10A. Public Hearing - WAIV 20-0001 (2446 Seminole Rd) Request for a waiver as permitted by Section 24-66 to waive the provision of a minimum 75 foot lot width as required by Section 24-105 to allow the subdivision of an existing nonconforming lot into two lots. The current lot is 72.60’ x 600’ (1 acre) in size. (Please Note: The applicant requested that this item be rescheduled for September 28, 2020, after the public hearing was advertised for July 27, 2020; therefore, public hearings will be held at both meetings.) CM Corbin provided a summary. CA Durden reported on the challenges of holding a Quasi-Judicial hearing by zoom. Questions and discussion ensued regarding the deferrals and when to schedule the hearing. CM Corbin suggested September 28th for an in-person meeting. Discussion ensued. CA Durden suggested language for the motion to allow adequate time. Mayor Glasser opened the Public Hearing. Senior Systems Engineer, Bob Cimon stated there were no registered speakers at this time. DCM Hogencamp stated there are five written comments received (which are attached hereto and made part of this official record as ATTACHMENT B). DCM Hogencamp read the written comments into the record. Commissioner Kelly asked about the Fire Department's ability to access property if sub- divided and if the back of the property backs up to the Selva Preserve as well as any draining requirements. Page 9 of 31 Agenda Item #1.A. 22 Feb 2021 Page 13 of 102 Regular City Commission July 27, 2020 PCDD Askew responded the Fire Dept. only requires a minimum of a 10ft access and the north side of the property backs up to Hannah Park. MOTION: To defer WAIV 20-0001 and continue the Public Hearing to August 10, 2020. Motion: Blythe Waters Second: Candace Kelly Commissioner Waters stated she understands the advertising and communication issue, and is in favor of the August 10th date. Commissioner Anderson is in favor of the September 28th date. Commissioner Kelly concurred with Commissioner Anderson. Commissioner Norris concurred with Commissioner Waters. CA Durden clarified she is not advising against holding the hearing via zoom, she is advising on setting of procedures. Mayor Glasser was not in favor of changing the date that has already been set. Commissioner Anderson concurred with CA Durden on clarification of the process for a quasi- judicial hearing via zoom. Commissioner Norris was open to September 28th as an electronic meeting if CA Durden can prepare the City. Ellen Glasser Against Cindy Anderson Against Blythe Waters (Moved By) For Candace Kelly (Seconded By) Against Brittany Norris For Motion failed 2 to 3. MOTION: To defer this Public Hearing on WAIV 20-0001 until September 28, 2020, either in a Special Called Meeting or as part of the regularly scheduled Commission Meeting, as determined best by the City Attorney. Motion: Cindy Anderson Second: Candace Kelly Page 10 of 31 Agenda Item #1.A. 22 Feb 2021 Page 14 of 102 Regular City Commission July 27, 2020 Ellen Glasser For Cindy Anderson (Moved By) For Blythe Waters For Candace Kelly (Seconded By) For Brittany Norris For Motion passed 5 to 0. ATTACHMENT B - Written Comments for Public Hearing Item 10A. - July 27, 2020 10B. Setting Preliminary Millage Rate for Fiscal Year 2021 Budget FD Burns reported that the preliminary millage rate along with the date of the first public hearing is submitted to the Property Appraiser. She reported the first public hearing is scheduled for September 14th, platform undetermined. She requested the current millage rate set at 3.2285 be maintained and stated it is the lowest rate in the county. MOTION: To set the Preliminary Millage rate at 3.2285 Motion: Brittany Norris Second: Blythe Waters Commissioner Anderson commended our City for holding the lowest millage rate in Duval County. Mayor Glasser reported property tax revenue is increasing. Candace Kelly For Ellen Glasser For Cindy Anderson For Blythe Waters (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 10C. Façade Improvement Grant Item 10C. was acted on earlier in the meeting. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle reported on the budget workshop and an email sent to Commissioners. Page 11 of 31 Agenda Item #1.A. 22 Feb 2021 Page 15 of 102 Regular City Commission July 27, 2020 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Anderson requested a shade meeting to inform City Commissioners of pending litigation. Commissioner Kelly missed receiving the weekly department reports. Commissioner Norris open to a shade meeting. Commissioner Waters open to a shade meeting. CM Corbin stated he will continue working on the budget. Interim Chief Gualillo spoke regarding the recent shooting and thanked the citizens and the Commission. He stated the officers involved and the Police Department are extremely grateful to the community. He shared the sad news of retired Police Officer David Archer's passing and shared memories of his tenure at the AB Police Department. He provided information regarding the memorial service. Mayor Glasser thanked Interim Chief Gualillo for his report and expressed gratitude towards citizens and Commission. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 9:39 p.m. Attest: Donna L. Bartle, City Clerk Ellen Glasser, Mayor _______________________________ Date Approved Page 12 of 31 Agenda Item #1.A. 22 Feb 2021 Page 16 of 102 ATTACHMENT A July 27, 2020 MinutesPage 13 of 31Agenda Item #1.A.22 Feb 2021Page 17 of 102 ATTACHMENT A July 27, 2020 MinutesPage 14 of 31Agenda Item #1.A.22 Feb 2021Page 18 of 102 ATTACHMENT A July 27, 2020 MinutesPage 15 of 31Agenda Item #1.A.22 Feb 2021Page 19 of 102 ATTACHMENT A July 27, 2020 MinutesPage 16 of 31Agenda Item #1.A.22 Feb 2021Page 20 of 102 ATTACHMENT A July 27, 2020 MinutesPage 17 of 31Agenda Item #1.A.22 Feb 2021Page 21 of 102 ATTACHMENT A July 27, 2020 MinutesPage 18 of 31Agenda Item #1.A.22 Feb 2021Page 22 of 102 ATTACHMENT A July 27, 2020 MinutesPage 19 of 31Agenda Item #1.A.22 Feb 2021Page 23 of 102 ATTACHMENT A July 27, 2020 MinutesPage 20 of 31Agenda Item #1.A.22 Feb 2021Page 24 of 102 ATTACHMENT A July 27, 2020 MinutesPage 21 of 31Agenda Item #1.A.22 Feb 2021Page 25 of 102 ATTACHMENT A July 27, 2020 MinutesPage 22 of 31Agenda Item #1.A.22 Feb 2021Page 26 of 102 ATTACHMENT A July 27, 2020 MinutesPage 23 of 31Agenda Item #1.A.22 Feb 2021Page 27 of 102 ATTACHMENT A July 27, 2020 MinutesPage 24 of 31Agenda Item #1.A.22 Feb 2021Page 28 of 102 ATTACHMENT B July 27, 2020 MinutesPage 25 of 31Agenda Item #1.A.22 Feb 2021Page 29 of 102 ATTACHMENT B July 27, 2020 MinutesPage 26 of 31Agenda Item #1.A.22 Feb 2021Page 30 of 102 ATTACHMENT B July 27, 2020 MinutesPage 27 of 31Agenda Item #1.A.22 Feb 2021Page 31 of 102 ATTACHMENT B July 27, 2020 MinutesPage 28 of 31Agenda Item #1.A.22 Feb 2021Page 32 of 102 ATTACHMENT B July 27, 2020 MinutesPage 29 of 31Agenda Item #1.A.22 Feb 2021Page 33 of 102 ATTACHMENT B July 27, 2020 MinutesPage 30 of 31Agenda Item #1.A.22 Feb 2021Page 34 of 102 ATTACHMENT B July 27, 2020 MinutesPage 31 of 31Agenda Item #1.A.22 Feb 2021Page 35 of 102 Page 36 of 102 Regular City Commission December 14, 2020 MINUTES Regular City Commission Meeting Monday, December 14, 2020 - 6:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE Invocation was led by Commissioner Kelly. CALL TO ORDER: Following the Pledge of Allegiance to the Flag, Mayor Glasser called the meeting to order at 6: 30 PM. City Clerk Bartle called the roll. ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 Bruce Bole, Commissioner - Seat 2 Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5 (District 1312) Also Present: Shane Corbin, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Lori Diaz, Deputy City Clerk 1 APPROVAL OF MINUTES 1A. Approve minutes of the September 28, 2020 Regular Commission meeting. 1B. Approve minutes of the October 10, 2020 Town Hall. 1C. Approve minutes of the October 19, 2020 Commission Workshop. 1D. Approve minutes of the November 16, 2020 Commission Workshop. Mayor Glasser asked if there were any corrections or changes needed. There were no corrections to the minutes. Mayor Glasser stated the minutes stand as submitted. 2 COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor to Visitors. City Clerk Bartle stated there were no speakers. Mayor Glasser closed Courtesy of the Floor. Page 1 of 8 Agenda Item #1.B. 22 Feb 2021 Page 37 of 102 Regular City Commission December 14, 2020 3 CITY MANAGER REPORTS 3A. City Manager’s Report • City employees working on diversity and equity training, will be complete by end of this month. • Traffic circle has been installed at 9th and Main Streets, we continue to receive feedback. • Eighty (80) trees being planted throughout the City, when complete, we will have planted over 300 trees within the past two years. • Pergola installation is underway at Tide Views Preserve, location was adjusted. • Installation of cameras at 18th street is complete. (CA Durden to report on legal concerns of the cameras and Chief Gualillo to report on details of the cameras.) CA Durden spoke regarding legal aspects of pole installed cameras providing Fourth Amendment case law. She provided background and the current state of the law. Chief Gualillo explained the locations and views of the installed cameras. He stated he continues to work with technicians and residents to ensure the cameras provide surveillance while protecting residents' privacy. He stated the cameras will not replace officer presence. Discussion ensued regarding privacy, length of data retention, studies regarding cameras as a deterrent for crime, possible location of additional cameras, yearly operation costs, audio capability, and Standard Operating Procedures. Chief Gualillo answered all questions. City Manager continued his report. • Luminaria event hosts have submitted their application for December 19th. • There is a new member to the team. (Chief Gualillo to report.) Chief Gualillo spoke regarding the officer wellness program and shared Atlantic Beach Police Department's new team member, C4, a gift from the UNF Partnership and K9s For Warriors. C4 will live at the police station and assist with officer wellness and provide comfort to victims of crime. City Manager continued his report. • Two City employees tested positive for COVID- 19, various other employees that work with them are in quarantine. • The Department of Health requested an employee count for number of COVID- 19 vaccines, conference call tomorrow for details. Page 2 of 8 Agenda Item #1.B. 22 Feb 2021 Page 38 of 102 Regular City Commission December 14, 2020 3B. Accept the 90-Day Calendar (January through March 2021) CM Corbin stated the date for the Commission Priority Setting Meeting as January 14th at 5:00 p.m. There was CONSENSUS to accept the 90 -Day Calendar. 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 4A. 18th Street Beach Access Parking (Commissioner Waters) Commissioner Waters spoke regarding the 18th Street surveillance cameras and police officer's body cameras. He provided resident concerns and requested the City to provide Standard Operating Procedures for review and input from citizens. He requested Commission discussion to defer implementation of both until there is a formal policy in place. Chief Gualillo confirmed that the use of body and surveillance cameras would not be implemented until approval of a formal policy. The programs are currently not live; they are in testing phase. Commissioner Kelly reported on the success of the Christmas parade. Commissioner Norris thanked City staff for completion of the Main Street roundabout. Mayor Glasser concurred with Commissioner Kelly regarding the success of the Christmas parade. She spoke regarding the Baker Center Holiday Party and thanked the Atlantic Beach Country Club for raising funds to provide gifts and entertainment for the children in our community. 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6 CONSENT AGENDA None. 7 COMMITTEE REPORTS None. 8 ACTION ON RESOLUTIONS 8A. RESOLUTION NO. 20-58 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-04 MULTI-YEAR CONTRACT FOR UTILITY CONTRACTOR SERVICES. Mayor Glasser read the Resolution by title. Page 3 of 8 Agenda Item #1.B. 22 Feb 2021 Page 39 of 102 Regular City Commission December 14, 2020 CM Corbin explained to the new Commissioners City policy that requires items over $25,000 including budgeted items, to be brought before the Commission for approval in the form of a Resolution. Public Works (PW) Director Scott Williams reported on the Resolution as detailed in the agenda packet. Questions ensued regarding process of bidder selection, relationship with bidders, process of approval, and mask policy for workers. All questions were answered. CA Durden spoke regarding the Florida Constitutional rule governing multi-year agreements. MOTION: To adopt Resolution No. 20-58. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8B. RESOLUTION NO. 20-59 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-06 MULTI-YEAR CONTRACT FOR CHLORINE. Mayor Glasser read the Resolution by title. Public Utilities (PU) Director Troy Stephens reported on the Resolution as detailed in the agenda packet. He spoke regarding the dangers of the chlorine gas and reported on safer alternatives. Discussion ensued regarding a switch to a safer product and costs associated with upgrading the equipment to adapt to the new product. The Commission directed staff to provide a plan to upgrade the systems. MOTION: To adopt Resolution No. 20-59. Motion: Brittany Norris Second: Candace Kelly Page 4 of 8 Agenda Item #1.B. 22 Feb 2021 Page 40 of 102 Regular City Commission December 14, 2020 Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. 8C. RESOLUTION NO. 20-60 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-07 MULTI-YEAR CONTRACT FOR ASPHALT REPAIRS. Mayor Glasser read the Resolution by title. PW Director Williams reported on the Resolution as detailed in the agenda packet. He reported on the purpose for contracting with two bidders. All questions were answered. MOTION: To adopt Resolution No. 20-60. Motion: Candace Kelly Second: Brittany Norris Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Moved By) For Brittany Norris (Seconded By) For Motion passed 5 to 0. 8D. RESOLUTION NO. 20-61 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING ENTERING INTO A CONTRACT WITH USP TECHNOLOGIES TO PROVIDE, OPERATE AND MAINTAIN A HYDROGEN PEROXIDE ODOR AND CORROSION CONTROL SYSTEM FOR THE SELVA MARINA LIFT STATIONS FOR AN ANNUAL COST NOT TO EXCEED $56,352 AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin provided a summary of the Resolution as detailed in the agenda packet. Page 5 of 8 Agenda Item #1.B. 22 Feb 2021 Page 41 of 102 Regular City Commission December 14, 2020 PU Director Stephens explained the scope of the project. Questions ensued regarding specific placement of sites and the tentative scheduling. All questions were answered. Mayor Glasser requested to see placement of sites on a map. MOTION: To adopt Resolution No. 20-61. Motion: Brittany Norris Second: Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly For Brittany Norris (Moved By) For Motion passed 5 to 0. 8E. RESOLUTION NO. 20-62 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID NO. 2021-05 MULTI-YEAR AGREEMENT FOR ELECTRICAL TROUBLESHOOTING, REPAIRS AND INSTALLATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the Resolution by title. CM Corbin provided a summary of the Resolution as detailed in the agenda packet. PW Director Williams reported on the Multi-Year contract bid award as detailed in the agenda packet. MOTION: To adopt Resolution No. 20-62. Motion: Brittany Norris Second: Candace Kelly Ellen Glasser For Bruce Bole For Michael Waters For Candace Kelly (Seconded By) For Brittany Norris (Moved By) For Motion passed 5 to 0. Page 6 of 8 Agenda Item #1.B. 22 Feb 2021 Page 42 of 102 Regular City Commission December 14, 2020 9 ACTION ON ORDINANCES None. 10 MISCELLANEOUS BUSINESS 10A. Appointment of a City Commissioner to Chair the Board Member Review Committee (Mayor Glasser) Mayor Glasser reported on confirming Commissioner Norris to continue as Chair of the Board Member Review Committee (BMRC). Mayor Glasser thanked the members of the BMRC. MOTION: To reappoint Commissioner Norris to serve a one-year term as Chair of the Board Member Review Committee beginning January 1, 2021 and ending December 31, 2021. Motion: Candace Kelly Second: Michael Waters Ellen Glasser For Bruce Bole For Michael Waters (Seconded By) For Candace Kelly (Moved By) For Brittany Norris For Motion passed 5 to 0. 10B. Community Rating System (CRS) Progress Report CM Corbin requested to defer the report until next meeting. Item deferred. 10C. Discussion of a proposed ordinance instituting a temporary moratorium on commercially rented shared motorized scooters CM Corbin provided a summary regarding the moratorium as detailed in the agenda packet and reported on the concerns of e-scooters that are not docked. He shared the progress of Jacksonville Beach and Neptune Beach's reading of their moratorium and status of use being recreation versus transportation. He requested Commission and public feedback. Commissioner Kelly stated the possible safety concerns with traffic. Commissioner Norris stated concerns of liability with non-compliant use of safety equipment. She is in favor of a moratorium. Commissioner Waters is in favor of a moratorium. Discussion ensued regarding legislation, legalities, laws, definitions and bike share programs. Page 7 of 8 Agenda Item #1.B. 22 Feb 2021 Page 43 of 102 Regular City Commission December 14, 2020 CA Durden reported on previous discussions and will provide state definition and to what type of transportation the scooters will fall into and where they can legally operate. Mayor Glasser reported CONSENSUS for staff to proceed and return the topic on the next agenda. 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CA Durden welcomed the new Commissioners. CC Bartle welcomed the new Commissioners. 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole thanked staff for his hospitable welcome. Mayor Glasser requested Chief Gualillo to bring C4 to the podium for introduction. Commissioner Kelly reported on a citizen email inquiring about the City's financial agreement with DIG Local and the Beaches Green Market. CM Corbin reported that they are not charged at this time. There is consideration of relocating the market from Jack Russell Park to a different location due to parking conflicts. Commissioner Norris wished everyone a Merry Christmas and Happy New Year. She requested C4 to attend Commission meetings. Commissioner Waters wished everyone a safe holiday and thanked City staff for the help to get acclimated. Mayor Glasser reminded the Commissioners to sign Christmas cards. She responded to the citizen email regarding Dig Local and suggested a review of all City contracts in terms of equity regarding charging fees. She wished everyone a happy holiday season. 13 ADJOURNMENT There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:19 p.m. Attest: Donna L. 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