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Agenda Packet 04-12-04 L L CITY OF ATLANTIC BEACH COMMISSION MEETING APRIL 12, 2004 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of March 22,2004 2. Courtesy of Floor to Visitors A. Report on roundabout study by GAI Consultants 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report B. Report on sculpture location—Comm. Parsons C. Report and related action regarding adding bricks to the second block of Ocean Boulevard 4. Consent Agenda SII ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Reports: Building Department Activity Report, LNew Occupational Licenses, and Public Works and Public Utility Departments Project Status Report (City Manager) B. Approve adjustment to the rates in the BFI contract in accordance with the conditions of the contract (City Manager) 5. Committee Reports 6. Action on Resolutions 7. Action on Ordinances ' 8. Miscellaneous Business A. Appointments to the Tree Conservation Board (2)(City Clerk) B. Authorize the City Manager to negotiate and execute a contract with Dunlap & t Associates for financial services in conjunction with the proposed issuance of refunding utility revenue bonds (City Manager) C. Deny the request of James Moore & Company for additional funds for audit services, and authorize staff to issue a new request for proposals for audit services (City Manager) ' I I 1 D. Authorize the Mayor to execute the American Red Cross Northeast Florida Chapter Adopt-a-Shelter Statement of Understanding (City Manager) E. Authorize staff to schedule ordinance readings and public hearing to enact proposed revisions to Chapter 3 of the City Code, Alcoholic Beverages (City Manager) F Authorize staff to include the amount of$11,362.50 in the FY 2004/05 budget to assist with the costs of the Storm Water Monitoring Program for the current 5- year permit period (City Manager) G. Approve list of surplus IT equipment and approve donating it to students; classify additional obsolete IT equipment as surplus for destruction(City Manager) 9. City Manager A. City Manager's report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment L If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday,April 9,2004. C L 2 I 1 MINUTES REGULAR CITY COMMISSION MEETING MARCH 22, 2004 CITY HALL, 800 SEMINOLE ROAD ' Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tern Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III C Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The invocation, given by the Mayor, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 8, 2004 Motion: Approve Minutes of the Regular Meeting of March 8, 2004, as presented. Moved by Beaver, seconded by Parsons Votes: Aye: 5— Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 2. Courtesy of the Floor to Visitors Brad Talley of 14543 Plumosa Drive,Jacksonville, inquired concerning alternate sites for the location of his sculpture. (Mr. Talley won a sculpture 1,1 competition conducted by the city in 2002, and at that time the Cultural Arts Board chose the corner at the five-way stop next to the fire station as the site for installation of the sculpture). Commissioner Parsons, the city liaison to the City of Atlantic Beach Public Arts Commission, stated that the members were looking into other sites for 111 the sculpture, but no decision had been made. He assured Mr. Talley that he would be included in the discussion of alternative sites. J.P. Marchioli of 414 Sherry Drive commented on the following: (1) His brother and the neighbors, who live on a hilly street in Georgia, purchased L March 22,2004 REGULAR COMMISSION MEETING Pace 2 speed humps and the city installed them to slow drivers going down the hill, (2) Opposed installation of a roundabout at the five-way stop, (3) Speeders did not slow down for pedestrians coming from Howell Park and crossing Sherry Drive, (4) Purchased a second fire extinguisher and had another recharged at a reasonable rate at a supply store located at Lennox and McDuff in Jacksonville, and (5) Another accident occurred on Sherry Drive involving a resident trying to back out of his driveway and being hit by an oncoming vehicle. Earle Lay of 380 3rd Street spoke in support of the Police Department and expressed concern for the turnover rate. He felt increased pay provided an incentive for officers to stay and receive the necessary training and experience to become better officers. Alan Potter of 374 Second Street commented on the good quality of paint used to stripe East Coast Drive and the placement of reflectors along the edge of the street. He believed a lesser quality of paint was used to stripe Ocean Boulevard and commented that there were fewer reflectors on Ocean Boulevard between ls` and 7th Streets. He requested that the city look into the work performed on Ocean Boulevard. Jacqueline Thomas of 1660 Jordan Street stated that she was speaking for herself and on behalf of the other families who reside on Jordan Street. She said the street was paved in 2003, but the other promised improvements including sidewalks, driveway aprons, and proper drainage still had not been addressed. Ms. Thomas reported that cars were driving around the barricade placed at the end of Jordan Street and into the park. She expressed concern for the safety of the children playing there and requested that something be done to prevent the problem. Ms. Thomas also reported that tree roots were already damaging the foundation of her home, and inquired if there was anything the city could do to help her with this since it was very costly to have trees removed. Mayor Meserve told Ms. Thomas a member of staff would contact her to address her concerns. 3. Unfinished Business from Previous Meeting City Manager's A. City Manager's Follow-up Report Follow-up Report City M anager H anson commented o n e ach i tem o f his written report. A copy of the report is attached and made part of this official record as Attachment A. I 1 March 22,2004 REGULAR COMMISSION MEETING Page 3 ' Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Utility Sales Report for February 2004 (City Manager) B. Approve a one-year extension of the contract with Bluewater Environmental of Florida, Inc. at the current prices (Bid No. ' 0203-11) (City Manager) C. Award contract to Gruhn May, Inc. in the amount of $83,028 for Replacement of Storm Drains on Country Club Lane pursuant to the specifications of Bid No. 0304-08 (City Manager) Motion: Approve Consent Agenda Items A, B and C as presented. Moved by Parsons, seconded by Waters Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Community Development Board Robert Frohwein, Chair of the Community Development Board, reviewed the accomplishments of the Community Development Board since January of 2003. Mr. Frohwein reported that the board had heard twenty-four requests for variances, nine of which were approved, ten denied, and five withdrawn. The board also heard seven requests for use-by-exceptions, all of which were recommended for approval to the City Commission; and two rezoning requests, one of which (Paradise Preserve PUD) was recommended for approval and the other (the Atlantic Beach Yacht Club) was recommended for denial. It was further reported that the board also reviewed the EAR report and worked with the Commission on revisions to the Comprehensive Plan. Mr. Frohwein also commented on the following items he believed the board would be addressing in the future: Maintaining the city's character and uniqueness while allowing for future development and redevelopment, and improvement of blighted areas. Mayor Meserve spoke on the importance of the work of the Community Development Board and thanked the members for their service to the city. C I C March 22,2004 REGULAR COMMISSION MEETING Page 4 Commissioner Waters inquired if the Community Development Board planned to address property owners' rights and the problem of large homes being built on small lots, which was destroying the ambience of Old Atlantic Beach. 1 Mr. Frohwein responded that he would like to see this matter addressed and the zoning ordinance amended to limit the size of structures that could be built on small lots, but at the same time allowing for reasonable property rights. Resolutions 6. Action on Resolutions: L None. Ordinances 7. Action on Ordinances ' None. ' Miscellaneous Business 8. Miscellaneous Business Appointment A. Appointment to the Cultural Arts and Recreation Advisory Committee (City Clerk) Mayor Meserve stated that he would like to appoint Linda Ginsberg to the Cultural Arts and Recreation Advisory Committee. Motion: Appoint Linda Ginsberg to fill the unexpired term of Rex Sands on the Cultural Arts and Recreation Advisory Committee. Discussion ensued. Commissioner Simmons commented on one applicant's proposal to hold at least one event per year focusing on surfing or beach related activities, and suggested this type of program be considered. Commissioner Waters felt there should be a balance of art and recreational members serving on the committee and indicated he had asked local artist, Gary Mack, to serve on the committee. Moved by Waters, seconded by Simmons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C L C March 22,2004 REGULAR COMMISSION MEETING Pae 5 Project Approval for B. Request to approve projects for Fiscal Year 2004-2005 CDBG funds for FY Community Development Block Grant funds and authorize 2004-05 submittal of application to the City of Jacksonville (City Manager) Motion: Approve projects as recommended for Fiscal Year 2004-2005 Community Development Block Grant funds and authorize submittal of application to the City of Jacksonville. (A copy of the memo dated March 10, 2004 from Community Development Director Doerr listing the projects is attached and made part of this official record as Attachment B). I City Manager Hanson reported that money had been budgeted to assist with septic tank conversions and noted that the city's incentive program for hookups would expire in 2005. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Implementation of C. Consider implementation of certain Town Center Parking Certain Town Center Committee recommendations (City Manager) Parking Committee Recommendations City Manager Hanson reviewed each item of the staff report. Motion: Direct staff to coordinate with Neptune Beach staff and approve implementation of the four projects listed in the Community Development Director's memo dated March 12, 2004, and bring back their findings at a future Commission Meeting. (The memo is attached and made part of this official record as Attachment C). Commissioner Waters agreed with the recommendations and inquired concerning two additional parking spaces on Ahern Street. City Manager Hanson indicated that the Public Works Department was working to develop two spaces on the north end of the parking lot. Commissioner Simmons expressed concern that buffers between the Commercial and Residential areas be retained on Beach Avenue and that parking not infringe on private property. Moved by Beaver, seconded by Simmons Votes: Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve I 1 March 22.2004 REGULAR COMMISSION MEETING Page 6 Nay: 0 IMOTION CARRIED 9. City Manager ICity Manager's Report A. City Manager's's ReP ort ICity Manager Hanson commented on the following items: ❖ Reported that formal bids were waived and an emergency purchase Iorder issued to Gruhn May in the amount $14,990.00 for repairs to a collapsed stonnwater line located under the street at West 6`h and I Orchid Streets. Reports/Requests 10. Reports and/or requests from City Commissioners and City ICity Commissioners Attorney City Attorney Commissioner Waters I ❖ Inquired if the city had received a response to the letter sent to Don Davis concerning the TRIM bill and new construction and was informed Ithat no response had been received. ❖ Inquired if the MPO was holding any meetings at the beach to discuss I long range transportation planning. The Mayor indicated there was no meeting planned for the beach, but that he would be attending the one of the meetings closest to the city. He indicated that the MPO would be coming to the city at a later date. ❖ Urged that someone attend the 48th annual Florida Shores and Beach EPreservation Conference. ❖ Inquired if the hump in the sidewalk he reported had been repaired. I Acting Public Works Director Kaluzniak responded that she would check with staff to see if the work was completed. I ❖ Inquired concerning the cause of the watermain break on 6th Street. Utility Director Kaluzniak stated that a service connection failed at the main, and that the work was under warranty and had been repaired by iii �' Petticoat Contracting. Commissioner Parsons I ••• Reported that he would be calling the members of the original Cultural Arts Board regarding their opinion on the proposed relocation of the Ilisculpture to Russell Park, near the Mayor's tree. It was also reported C 1 1 March 22,2004 REGULAR COMMISSION MEETING Pane 7 that a photograph of the sculpture rendered in concrete had been received by the Commissioners. Mayor Meserve •'• Expressed concern regarding funding for future beach renourishment • projects in light of proposed federal budget cuts. •'• Indicated he would be meeting with FDOT officials at the end of the month regarding Mayport Road improvements and the new entrance for the Post Office. He also indicated that he would try to meet with Michael Blaylock of the JTA, since the islands on Mayport Road cannot be installed until after the Post Office entrance is changed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:05 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk C I C C L L AGENDA ITEM#3A APRIL 12,2004 C April 5, 2004 C MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso SUBJECT: Follow-up port Complaints from Jacqueline Thomas; 1660 Jordan Street; Ms. Thomas made several complaints about the condition of her property and other neighborhood issues as follows: 1) Extension of street to driveway and lack of drainage; The City of Atlantic Beach recently completed the paving of Jordan Street using CDBG funds. This work included paving the road and the addition of a ditch to help with the drainage. The main problem with her it "driveway" is that it is not paved. She lives in a home built by Beaches Habitat and was only provided a"parking pad" as allowed in city ordinance. Consequently, she does not have a paved driveway to park her car upon. If she wants her driveway paved, she should either pay to have it done herself or contact the Beaches Habitat organization. Q2) Barricade at the end of the street; Ms. Thomas complained that the barricade at the end of the street end did not prevent people from driving into Jordan Park. The City originally installed the barricade to notify drivers of a dead end street. It was not intended to prevent people from driving around the barricade. However, after review it appears to be in the city's best interest to prohibit people from driving into the park from this street. Staff will install additional devices to prohibit driving around the barricade. 3) Trees; Ms. Thomas was concerned that several trees on herro ert might interfere with p P Y g her foundation. City staff inspected the trees, found each to be between 2 and 3 feet from the foundation of the house, but did not see any evidence of damage to the foundation. Under current city ordinances, the property owner has the right to remove the trees if she wants, but it does not appear to be creating a problem with her house. Ms. Thomas has been advised of the City's findings. Stripping on Ocean Boulevard; City Commission heard a complaint at the last meeting of poor striping installed on Ocean Boulevard. The person complaining wanted better striping as well as reflectors added. The striping and reflectors were already in the contract for the road work and we were waiting time for the asphalt to cure prior to installing the thermoplastic striping and for the Town Center work further down the street to be completed. The work has since been done. L L AGENDA ITEM #3A APRIL 12,2004 Upcoming Items; • Water and Sewer Rate Restructuring; City staff recently met with Mike Burton of Burton and Associates to review the proposed rates for the water restructuring as required by the St. Johns River Management District, but found some glitches in the numbers. Mr. Burton is reworking his report and expects to have it ready for the Commission in the next :21 few weeks. I' L F L W iy AGENDA ITEM #3C APRIL 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Additional Brick in Town Center Project SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: April 5, 2004 BACKGROUND: The Town Center Project was originally designed by R. Glen Mitchell& Associates, Inc. in 1999, and the portion from Atlantic Boulevard to Ahern Street constructed and paid for by the City of Jacksonville. The City of Atlantic Beach approved funding for the remainder of the project for last fiscal year, and the construction of the area from Ahern Street to 1 S` Street recently completed. The original design for the project was used for this construction. During a recent Commission meeting a request was made to investigate the possibility of adding some brick accent to match the first block of Town Center. Staff determined some potential areas for brick accent and obtained estimated costs for the work. The potential areas include: Item Cost Brick around electric pole on east side $ 200 Brick strip along west side $ 6,444 Brick around BellSouth box $ 320 Brick edges of planted areas $ 2,000 Remove sidewalk & replace with brick east side $11,000 Remove sidewalk & replace with brick west side $11,000 BUDGET: No contingency funds are left in this project, and there are no monies currently available in other accounts for this work. Funding would have to be approved as part of the mid- year budget modification process. RECOMMENDATION: City Commission to provide direction to staff with regards to additional brick work in Town Center. ATTACHMENTS: REVIEWED BY CITY MANAGER: is Lir � 1 AGENDA ITEM#4A APRIL 12,2004 I N o c'i Z p O N (ng co to in Q) , ut( � N O O O �I M M H D Z , ,- v ti N N NII M N H w } Z a ~ g NM W -J • J. a � 0 O. 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' ma w zIn z4 z0)4zE01 .U.WF z aZF a>.F a>.F ma 0 0>... oa4 oaa aCI COZ .r.ao .03,�.Wi .o.W.N. .. cn 3 �Q a a o a o I aal ..o (1 U N rt O.. m U.. z I (1 (l C1 N Z N U N r (•1 M f1 w a tai. 0 w so co Ca aaCaCO 3 b � 4' rNi.0 0 aO m1wZmom m . aaoa -03 CO W a X U 0 a U 0 Q U a CO to UF... W>'-. W>.. o 0 W CO an..F a4F a4E. I -.• .1" . . W- z U' Uz U' U cc' 0)N Nooa w..a w.- • mN DO FaF. 3ooF. ZU)E. aya 1103 CEN4 E r-4 Fc-a Q O O C a In W w Z a a a I a >.0 st 0 0in 0 W u O U aua a o 0 0 AGENDA ITEM#4A APRIL 12,2004 q C 10 0 ° ' ° uV xSi • 4)0 C O °i 7 ° ° E = i xo, 'SC > 0. Oott 4) � '= = ci ° E w a *— E = L 2 C _ 00vi 0° C.) w .� 3 °. 0 o $ oo C 0 o. = -0oc4wN - 0 ,- u s .S 0� > � J °\ s Co 0N c 0 `°i N N b 0 44. O F. O N 0 C R w ° 'C a S oU2r1a � V a.o oo °Suo ri ` Ewa G v 1v o'4 � 'o ^ H 4. o 03 � ya. � y moON . UQ\ a) 4.. 2C , , t; (_. 2t ._ ' i ^ °' > 30Q 8 � 0 •44 173 � 5vi0E • al xa. 0 O �. 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O \ O II ,oriO V ^13 N 4 ,N I p� py I II o o q \ Q. u 0 5 �W U y II go S R O Ifi Q "coin v \ v W 3 oyi oyi . oo II y \ II PQ \° q V yfJ C O o, II ', Q O 0 W Fb N O y O W °o tl «, d o v II - II Z Gd oAU « `� � !3 II v V 0 d L' 1.- O'S `r33: i p o y vj 0..„,- 1..; 00 p Wp a o i ,°� .` 0 b 0 >,o d fi o o opo °o o"i A. U g � � o � QU - qNU ]Ccs CZ C.) U q ii ^ N r e} AGENDA ITEM#4A y APRIL 12,2004 ri w 1 O 00 pp.� 3 *0 V 0 a° g � 0 'dN '+O�+ c..5 el .3 � .E o 0. i ° o :dQ ° " � ., 0. 1 . Er _ 3 a �3 0. 006 E o vas 0. -0 C 06 0pE6p.v7Ew °' � a � ` T° `o C. w 'D c O • 4.. 8 'O > p� 0 Q p 0. 0 aa. C , ,_ C o riA r0.° •boa e� � ' o0. cW cil u 8 0 0 o � cS 6 mgN °0�a � c2. 0 . � 6 8 0 ° oE- E �t O S 8 000 t,vifO4= M ao U 041 n c • o Q 0 ed `e� a 2 8. 0M gbNri W 0.4° 0w E 0. E ri a ° b0.. c0 o � � 0+ � � 8 0 as 8 0. b0 E a C `� b y `•+ O y Op w O �.. 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U c. 4g ►. v c° W opvi w0. 26z 6U as o W 'co atFaCl Ec� .E 1 I E" V1 O z 1 o I Ts c4 i0 O 00 3 O u � 30. C °a ca 0 yu pa .. ,0 m a G x �`' N ° ° UOo a w .E-� p a, w � .2 .2 3 0 I U c7 2 u uv u a Z. ad n p, 0 ^o rZ� -' IIW I^ iiII II U A. 000 �UU ci �.,U A UU iIX 0 U w ss) css w d R J W z d E to o; R o d o 03 " W p > op 0 op cs. oo N o0 W \ II 1:4 \ fiII '. . \ u ., \ II 0 0O M WApO O ,O 0.r r0ti 0�, ,O O -, O z iN g a 4 - Ing •,, II ,i, II g 7 c _ zc 0 • 419 o U a1"Z%. a ° 0 U -, AO X AU3 qUA (;) u e I AGENDA ITEM#4A APRIL 12,2004 I c y c 4 v_ •.. po 3 0 o e is 8 al V 0 N O .f V. ' N y O 0 p ..p. r > - > .—. O .5 b .. a p 3 ri pp y ��nn 'V n L y d ri v o `� N y c y ° o Ts •o e ay, 3 M U 7 .. 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E~ 3 [ V Z ' o d o II ii U o Z O a. 8i a o ii N a Z g U ) 4 - x z a' - mu O O u II II II M II II M II II M n u M a. u .. 6 u a g A g �� g�� E� � cavy 0 a 4 a,f-+~ g U aii cn „ to. a aq ULa .121 O g 79 0 ami c U 5 a ° °10 cu 2 .5 (Li * O 2OO . oc 40 � O ti CO) N 3 p. \ I ° \ u aII 0 'ClII E \ II CV a ooo $ oce \ c z m p ro \ Z z A °' 0 O.� u V dd �uu v 44t II u r) u 3 u 3av wa aa ° ° ° ° C. a 3a AUwQaAUw Ca QU :i QUw AU ,.., '''t; Vccki ',4S1° 0 .4.10 ,,, - II C o. 0 .. N. M `r .�. IAGENDA ITEM#4A APRIL 12,2004 I y : O F. O C O V CQ 7.. c.O.. i. - 4) 4,1 $-• t N 2 V •C •ON O y J .a• -0 c.. _ _ N 7 o• a o ? c4 go 3 e C .O ood a N ° N .0 N `A is A y y• y qH C..0pC 44,. M. ~.r Q • ' C d } o C a OO i. w CN C E L 0 V O 4wW0 v O� O a •3 •O � ++ Cz � y C . in r • p G E C '5 ,2 iy C° O rN O0. O ' q N C • » '� n C.NO . G U •Q �i .9 CQ vi .o C7a O TO O . H L O � co ,3; E O d . u 5n e+ s o d d E i� Qory ° c Z E O DN C OVO O .. Ey F c • N w °er .0 ` C E N NyN a oa0 0 r. ▪ E F0.a . ° 0 c '0ma 3 o Aw en ij OL. O i e. p G '� w en vla. c 0 • > M E ° w ?' aO ma �i ° Ps • 8 — � Q N8cy yEoi 8Z • � w flw° nw v)• R: 8N cd V V• ti U GO u. 05 13 Cnt0d E -2 F.1p0 0 0 3 O �j w 0 0 3 3 3 c Cl) CnU •c V `� .V.. dt 0 38 7s5 > s a 0.,* ° ° w� G zc c ° Vl CI V"z [Z� o (j (°j Q .p . aV a' W U 4 II • II Q 15 i II 76. II .o II II ,„ p II �, n g n H g n n u g o H M n II M II II 2 a ezis0 e � A 0 CA 1 0234 0 II w 0, on 3 a a) U y G o a> o Cl)i4. c6G o d 0 0 e • o w ? o y o c�' " 2 o o „ o 0 .—. o 0 b w 3 o n § u a e .a \ o v) o v0 II V n z 0�r a o b o a ? 0 Gb o ° o o � q h o 0 o ,or W V al II v .t II v .0 II U a II v 1 �II� v II ., «+ II v ou 4) "W GG g o o0 0 0 o4 0 orM oi o 0 0 vo0r vo c a AU AUCG A UAL) AUnCAUaa QL II C ^ o"o T N r—i N AGENDA ITEM#4B APRIL 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Solid Waste and Recycling Collection Rate Adjustment SUBMITTED BY: Donna Kaluzniak, Acting Public Works Director DATE: April 5, 2004 BACKGROUND: The contract that Atlantic Beach has with BFI provides for a rate adjustment based on the Consumer Price Index at the anniversary of the contract. The purpose of this adjustment is to adjust the rates consistent with their contract. BUDGET: Funds are budgeted in Account 420-4201-534-34.01. The rate increase is included in the budgeted amount of $849,000 for fiscal year 2003-2004. This increase amounts to approximately 16¢ per residential customer per month, or approximately $754.00 per month total for residential pickups. RECOMMENDATION: We recommend the approval of the attached adjustment to the rates in the contract with BFI. ATTACHMENTS: Letter dated March 31, 2004 from BFI. Rate Adjustment Summary from BFI. Consumer Price Index dated March 31, 2004. REVIEWED BY CITY MANAGER: 03/31/04 WED 16:37 FAX 904 731 7094 CUT. SERVICE BFI AGENDA ITEM#4B APRIL 12,2004 Donna KaIuzniak, Utility Director March 31, 2004 City of Atlantic Beach 1100 Sandpiper Lane Atlantic beach, FL 32233 RE: Annual Contract rate Adjustment Dear Donna: • Our agreement provides for an annual CPI adjustment equal to 100% of the Consumer Price Index, United States All Urban Consumers for the preceding 12 months. The percentage increase from February; 2003 to February, 2004 is 1.5%. The new unit rate for residential collection, - - commercial curbside residential and commercial multi-family curbside yard trash will become $11.06 per month. The unit rate for commercial garbage and extra service will increase from $1.51 per yard to $1.53. Commercial multi-family curbside recycling will increase to $2.11 per month, commercial recycling dumpsters will increase from$1.45 to $1.47 per yard. The new rate for commercial roll-off wi 11 be $263.21 per haul. I have attached the Department of Labor worksheet used to calculate the percentage increase. I apologize for the short notice but since we bill in arrears would it be possible to make the adjustment effective March 1, 2004? If you have any questions please give me a call at (904) 338-9718. • incerely, Richard Chilton, General Manager Jacksonville District•7580 Phillips Hwy.•P.O.Box 245(19(32241-4569)•Jackso iville,Florida 32256 Phone 904-731-3440 C AGENDA ITEM#4B APRIL 12,2004 ii BFI Annual Contract Rate Adjustment March 31, 2004 Service Current Unit Rate New Unit Rate Residential $ 10.90 $ 11.06 Commercial Multi-Family $ 10.90 $ 11.06 Multi-Family Recycling &Whitegoods $ 2.08 $ 2.11 Commercial/Multi-Family Recycling 8-yd Dumpsters $ 1.45 $ 1.47 Commercial/Multi-Family Yard Trash $ 10.90 $ 11.06 Commercial/Multi Family Containers $ 1.51 $ 1.53 Bulk Pick Ups $ 15.56 $ 15.79 Roll Off Hauls $ 259.32 $ 263.21 I ,I E L C03/31/04 WED 16:37 FAX 904 731 7094 CUST. SERVICE BFI AGENDA ITEM#4B Public Data Query APRIL 12,2004 • fl S. partmt Lar Bureau.of Labor t;� ..., .-Js.-4, ',_ ' Statistics Bureau of Labor Statistics Data 60 www.bls.gov ,r ._ BLS tfor::e j programa&Surveys I Got petalled Statistics 1 Glossary I What's Nen jrt :IV In .: • LChange Output. From: 1994 ` To: 2004 ► Options: �.r.. I- nclude graphs NEW!. More Formatting Options ® • Data extracted on:March 31, 2004(2:30:46 PM) Con:a-ur fer Price Index - Ali Urban Consumers s Series Id: CUUR0300SA0 Not Seasonally Adjusted Area: South urban • It : AU. items Base Period: 1982-84-100 :II Year Man Feb Mar Apr May Jun Jul Aug Sep Oct = Annual A 1994 142.5 142.9 143.6 143.8 144,3 1.44.7 145.0 145.5 145.8 145.9 146.0144.7 14 /995 146.7 147.4 148.0 148.4 148.8 149.1 149.2 149.7 149.8 149.0 14 L /996 151.1 151.5 1,52.4 153.2 153.5 154.0 154.0 154,1 154,5 153.6 15 1997 155.7 156.1 156.5 156.7 156.6 157.0 157.0 157.1 157.5 156.9 15 157.6 157.8 158.2 158.5 158,8 159.1 159.3 159,5 159.5 159.8 159.6 159.6 158,9 : 15 159.9 160.0 160.6 161.5 161.6 161.7 162.2 162.6 163.2 162.0 16 164.1 164,8 166.5 166.7 166.7 167.5 168.0 168.0 168,5 16 169.3 170,2 170.6 171.4 171.5 17 ie 2CU2.0 1.70.6 171.0 172.1 173.1 173.2 173.5 173.6 173.8 174.2 174.9 . 17 175.1 176.4 177.5 177.4 177.9 17 L • is 2004 178.2 179.1 -®-E r 6' Frenuentiv.Asked Questions I Freedom of Information qct I customer Survey Privacy &Security Statement I. Unisina to Our Site.I Accessibility U.S,Bureau of Leber.Statistics Phone; (202)691 5200 LIPostal square Building Fax-on-demand: (20.2) 69.1,6325 2 Massachusetts Ave.,NE • Washington, DC 20212.0001 Data questions:bisdafra staff@bis.ggy' Technical(web) questions:welamasterebis.aov Other corn menus:feedbackfugov Formula: February2004 (179.1) minuso February 2003 (176.4)divided by February 2003 = 1.5/o r179. 1 + iib•4 - . $ttp://data.bls.gov/cgi-bin/surveymost 2.7 - 3/31/04 ' L • 176.4 - 0.01530612244 * AGENDA ITEM #8A APRIL 12,2004 i'rL`J fJ CITY OF ATLANTIC BEACH 3 �b OFFICE OF THE CITY CLERK J de,A. 800 SEMINOLE ROAD } ' sT � 1' ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE: (904)247-5810 SUNCOM:852-5810 FAX: (904)247-5846 http://ci.atlantic-beach.fl.us March 18, 2004 To: The Honorable Mayor and City Commissioners From: Maureen King, City Clerk 1\1:\VD Subject: Tree Board Vacancies The following Tree Conservation Board terms have expired. Maureen Shaughnessy - Has served since September 2001 and is eligible for reappointment Charles Carroll - Has served since July 2003 and is eligible for reappointment Both of these board members are willing to continue serving if reappointed. I have attached an information sheet from Elizabeth Green who has expressed an interest in serving on this board. This is the only one I have on file at this time. Encl. AGENDA ITEM#8A APRIL 12,2004 RECEIVED CITY OF ATLt NT„_; _ DEC 1 / 2U CITY OF ATLANTIC BEACH BOARD MEMBER INFORMATION SFIEET BY NAME OF BOARD TrEg. Tjnitie,p �.__ .__._...__....-_-.. NAME OF APPLICANT/MEMBER E fi z is be_ 6E6/,J ADDRESS I c3 7 �T 07��y—Dr', DAYTIME PHONE 1D �,G—a �l ?5 - EVENING PHONE 54� E-MAIL ADDRESS l/-Z-7- FAX-} FAX# l0 --2 Please provide a brief explanation of your interest in this field and your reasons for wishing to be appointed to this board. (? c.�� A� YN N AVID 9cze r r: -A-± � �c_ Y, �!� 1 �� v5!aS" }'71 1001 a S p ocr-kc `�f�lrS C ►-r� ;#e—t (Ala v/d `4d p(Le Up (- n bi2 ` ). f!] p uN C frYr rYl V✓tit ain p01..+L\i€,_ “fa-t- WA- I /i . m i V r a ' �� pv (re-as o a s c; N cg,- t a-U ( 5 t ' , r C0. i � � po.,07-YY1. O T eX ct (o\--\ Gbo-rvr aft: , /t-(r)(ti- (P161 e o-(1-5 �. C_.}-%SLAr r uz ..elLo1 X710 Please return completed form to Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 AGENDA ITEM#8B APRIL 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT i AGENDA ITEM: Contract with the City's Financial Advisors Dunlap and Associates, for a Proposed Issuance of Utilities System �Itl Revenue Refunding Bonds, Series 2004 DATE: April 5, 2004 SUBMITTED BY: Nelson Van Liere, Finance Director L BACKGROUND: Due to current market conditions, the prospect of refinancing the City's Utility Revenue Bonds, Series 1996 has become attractive. It is in the best interest of the City to prepare the necessary documents in order to enable us to move quickly when and if interest rates are low enough to achieve a worthwhile savings. The Government Finance Officer's Association recommends that a refinancing is worthwhile when at least a 3% savings can be achieved. Figures run on March 16, 2004 revealed that a 4.66% present value savings could be attainable. Figures run on April 5, 2004 reveal a savings of just 1.725%. The volatility of the market means that the City should be ready to sell bonds as soon as the rates meet our criteria. It is our intent to enter into an agreement with our Financial Advisor, Craig Dunlap of Dunlap and Associates, Inc. He is requesting $1.00 per $1,000 of bonds issued and a minimum fee of$17,500 plus no more than$1,000 in incidental expenses. This fee is contingent on the refunding taking place and is to be paid from the proceeds. If the issue does not take place then the only costs the City would have are those for incidentals. The contract attached is a draft outlining the typical services to be provided. The city manager will, if authorized, negotiate a final version and authorize the financial advisor to proceed with the necessary refunding process. Dunlap &Associates was the financial advisor for the City with our last refunding issue and has since been monitoring 6� AGENDA ITEM#8B APRIL 12,2004 our utility revenue bonds for the optimal time to refund them. The services that Dunlap and Associates are to perform are included on the attached contract. RECOMMENDATION: To authorize the City Manager to work out the minor details and sign an agreement with Dunlap & Associates for fmancial services in conjunction with the proposed issuance of refunding utility revenue bonds ATTACHMENTS: Agreement with Dunlap and Associates, Inc. for Financial Consulting Services REVIEWED BY CITY MANAGER: I I I I ii I I I I AGENDA ITEM #8B APRIL 12,2004 AGREEMENT WITH DUNLAP & ASSOCIATES, INC. FOR FINANCIAL CONSULTING SERVICES THIS AGREEMENT, entered into this day of , 2004, by and between the City of Atlantic Beach, Florida, hereinafter referred to as `Client", and Dunlap & Associates, Inc., hereinafter referred to as"Financial Advisor". WHEREAS, the Client desires assistance in providing financial consulting in relation to issuance of utilities system revenue refunding bonds to refund the Series 1996 Bonds and other debt related issues and to advise in other areas of financial and debt planning and management. WHEREAS, the Financial Advisor is experienced and qualified in providing said services under the terms and conditions hereinafter set forth: NOW, THEREFORE, the Client hereby retains the Financial Advisor to provide financial consulting services for water and sewer as well as for general obligation, capital improvement, tax increment, community redevelopment and other financing requirements for the capital improvement plan, as well as related financial management matters, and in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED BY FINANCIAL ADVISOR A. Debt Issue Development and Sales Services. The Financial Advisor shall perform the following services for a debt offering (bond issue) when authorized by the Client. 1. Planning and Development Phase a. Research and advise on aspects of tax exemption and arbitrage in cooperation with the Client's legal counsel and bond counsel. Assist in obtaining Internal Revenue Service rulings, if necessary. b. If necessary, assist in the preparation and analysis of feasibility studies in cooperation with Client's officials and administrative staff, bond attorneys, accountants, architects, engineers and other professionals as requested by the Client. c. Carefully analyze the financing to determine the best methods of strengthening its marketability consistent with current economic and capital market conditions and increasingly stringent rating agency criteria. This may involve the use of municipal bond insurance, surety bonds, letters of credit, underlying ratings, rating upgrades or other credit enhancement devices. A more thorough discussion of the Financial Advisor's credit enhancement services is presented later in this section. d. Perform a comprehensive analysis to determine the best possible plan of finance. Each bond issue will be analyzed on its merits, including a market test to determine its marketability. Assist in determination of method of sale. Coordinate selection of an underwriter, if a negotiated sale is selected. Page 1 AGENDA ITEM #8B APRIL 12,2004 e. Consult with the rating agencies, Moody's, Standard & Poor's and/or Fitch Investors Service with regard to the proposed financing and assist in obtaining the most favorable credit rating possible. Prepare Client thoroughly for all credit rating presentations and participate in those meetings. f. Provide assistance and recommendations with the selection of ancillary service providers such as underwriters, registrar, trustee and printer. g. Act as liaison with bond counsel and coordinate other professionals providing information in connection with the proposed financing. h. Prepare a timetable of events for all concerned leading to the successful sale and delivery of an offering. i. Testify at validation hearings, as requested. 2. Marketing Phase a. Advise on the appropriate terms and conditions of the sale, including maturity schedule, underwriter discount, redemption provisions, interest rate • bidding requirements and basis for award. b. Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends and specific requirements to the Client. c. Coordinate with bond counsel the preparation of authorizing ordinances and resolutions and other documents involved in the sale of bonds or other methods of financing. The Financial Advisor will also assist in publicizing the issue in advance with an Official Statement, Notice of Sale, Bid Forms and such other means necessary and advisable to develop nationwide public and institutional interest. d. Assist the Client in meeting full disclosure requirements and conforming to suggested guidelines when preparing the Official Statement either as an advisor or principal author. e. Distribute the Official Statement to potential purchasers of the Client's securities. Directly contact those lead underwriters most likely to be syndicate managers. Maximize efforts to market the Client's debt issuance most effectively. f. Conduct informational meetings with the investment community, including investment bankers (dealers and dealer banks) and institutional investors (banks, bank holding companies, and insurance companies) in New York and elsewhere, if necessary, to establish bidding interest on this offering. g. If the financing is sold competitively, advertise the bond sale in nationally prominent financial publications, in addition to coordinating local publication requirements. Page 2 AGENDA ITEM #313 APRIL 12,2004 h. For competitively sold bond issues, verify the bid opening to assist with the verification and evaluation of bids and recommend the most favorable bid for award. 3. Bond Closing Phase a. Direct bond closing details, including coordination with bond counsel, printer, underwriter and insurance companies to promptly execute the closing of the financing. b. Furnish reinvestment analysis to maximize earnings from investing bond proceeds. Assisting staff and the architect/engineer in matching construction draw-down of funds with investment contracts. c. Direct, coordinate and supervise preparation of the transcript and provide the Client with bond and interest debt service schedules showing required semi-annual payments and other information relevant to the completed financing. d. Solicit bids on investment of idle funds, if requested. B. General Services 1. Facilitate the Client on any required bond and loan coverage tests, anti-dilution test as required by loan documents or as requested by rating agencies. 2. In addition, the Financial Advisor will attend periodic meetings as requested by Client for items that result in a financing. C. Work Products. The Financial Advisor or Disclosure Counsel shall provide the following work products for each competitive and negotiated debt offering. 1. Preliminary Official Statement 2. Final Official Statement 3. Official Notice of Bond Sale (Competitively Sold Issues) 4. Estimated Timetable 5. Rating Agency Presentation Outlines 6. Such other analyses, cash flow projections and materials necessary for financial planning and bond sale purposes. 7. Bond refinancing sensitivity analyses. The Financial Advisor shall also provide the following work products outside the scope of competitive and negotiated debt offerings. D. Special Services 1. Assist the Client in updating its investment and debt policies in accordance with State statutes, bond resolutions, rating agencies' criteria and the Client's particular needs. 2. Provide, if requested, quarterly performance evaluation for each investment portfolio to assist the Client in monitoring its investment performance against appropriate indices. Page 3 AGENDA ITEM#8B APRIL 12,2004 3. Serve as Agent in bidding of any interest rate hedges, including interest rate swaps. 4. Assist in the selection of ongoing disclosure agents. 5. Assist the Client in meeting arbitrage regulations, including preparation of arbitrage rebate calculations. 6. Other consulting services related to financial and institutional strengthening as deemed appropriate by the Client and Financial Advisor. FEES FOR SERVICES PERFORMED A. Fees for all services: For the performance of services in Sections I.A., I.B. and I.C., the Financial Advisor shall be compensated on the basis of the fee schedule shown in Appendix A. 1. Printing Costs. The fee schedule in Appendix A does not include printing of Official Statements and bond certificates. 2. Out-of-Pocket Expenses. The fee schedule in Appendix A does cover miscellaneous issuance costs and financial advisor out-of-pocket expenses related to bond issues. B. Payment Due 1. The Financial Advisor's fee and any reimbursement for out-of pocket issuance costs shall be due and payable 30 days after receipt by the Client of the invoice. C. Negotiation of Fee. Any specific arrangements regarding fees not covered by this agreement may be negotiated by the Client and Financial Advisor. 111. ASSIGNMENT OF FINANCIAL ADVISOR PERSONNEL A. The services to be provided by the Financial Advisor shall be provided by J. Craig Dunlap, President and Sylvia S. Dunlap, Senior Vice President of Dunlap & Associates, Inc. and will be assisted by Pam Gilleland, who may, however, ask other financial advisor personnel employed by the Client to assist them in the performance of the services. B. Changes in Staff. The Financial Advisor will advise the Client not less than thirty (30) days in advance of any proposed changes in the Financial Advisor's staff assignment to enable the Client opportunity to discuss such proposed changes with the Financial Advisor. The Financial Advisor shall agree to assign staff satisfactory to the Client. In the event that after discussion of such proposed changes in staff, the Client determines that the changes are not acceptable, the agreement may be terminated by thirty (30) days written notice by the Client. • Page 4 AGENDA ITEM#8B APRIL 12,2004 IV. INDEMNITY Financial Advisor agrees to defend, indemnity, save and hold harmless the Client, its officers, agents and employees from any claim, demand, suit, loss, cost or expense for any damages which may be asserted, claimed or recovered against or from Client, its officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is incidental to or in any way connected with Financial Advisor's performance of services. This indemnification includes, but is not limited to, the performance of this Agreement by Financial Advisor or any act or omission of Financial Advisor, their agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. V. NOTICES Any notices required to be given by either party to the other shall be provided to the following address: City of Atlantic Beach, Florida Dunlap & Associates, Inc. Director of Finance 2898 Wild Ginger Court 800 Seminole Road Winter Park, FL 32792 Atlantic Beach, FL 32233-5445 VI. TERM OF AGREEMENT This agreement shall be ongoing commencing on the date of its execution. Modification shall be by mutual consent and termination shall be sixty (60) day written notice by either party. The Client shall not be obligated to pay for any services provided by Financial Advisor after Financial Advisor has received notice of termination. The Client's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the City Council. During the term of this agreement, the Client may terminate this agreement for cause after first giving the Financial Advisor (30) days notice of default and opportunity to cure the default within the thirty day period. In the event the acts constituting default are a violation of law, the Financial Advisor will be subject to immediate termination of agreement. VII. OTHER TERMS AND CONDITIONS The Financial Advisor will provide a certificate of insurance for a minimum of $1,000,000 professional liability coverage, and the Client shall be additional named insured. This agreement shall be governed by the laws of the State of Florida. The Financial Advisor agrees to follow all Federal, State and local Laws including, but not limited to, Public Records Laws. It is agreed the Financial Advisor presently has no interest, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the Page 5 AGENDA ITEM#8B APRIL 12,2004 performance of the Financial Advisor's services under this agreement. It is further agreed that in the performance of this agreement, the Financial Advisor shall employ no person having any such interest. IN WITNESS WHEREOF, the parties have signed this contract as of the day and the year above written. THE CITY OF ATLANTIC BEACH, FLORIDA DUNLAP &ASSOCIATES, INC. By: By: City Manager President By: By: City Clerk Senior Vice President rr s Imo' • a Page 6 • Ir AGENDA ITEM #813 APRIL 12,2004 APPENDIX A FEE SCHEDULE I. Upon completion of a bond financing, a bond fee payable to the Financial Advisor would be as follows: $1.00/$1,000 A minimum fee of $17,500 would be charged for each bond financing; a maximum fee of $10,000 for any bank loans. This fee schedule would apply to all types of financing arrangements sold at either competitive or negotiated sale, based upon our proposal to provide a full range of consulting services under all financing scenarios. 3. Reimbursable expenses — Out-of-pocket expenses for communications, Federal Express, computer and copying will be billed at cost; however, these expenses will not exceed $1,000 in any fiscal year. This amount excludes mileage within Florida and travel time. This limitation does not apply to bond related out-of-state travel. Costs associated with out-of-state travel will be billed additionally. • For investment services, the Financial Advisor will arrange for the competitive bidding of bond proceeds and will be compensated by the successful bidder in an amount consistent with Federal tax regulations. • The present value of 5 basis points per year on the notional amount for the average life of the swap will apply for any interest rate hedging products, including interest rate swaps in our role as Agent in these transactions. • Quarterly Investment Performance Evaluation Reports will be provided at 10 basis points per year on the outstanding balance of the portfolio payable quarterly in arrears. • For escrow restructurings and any additional services, the fees will be negotiated on an hourly basis or on a case by case basis. AGENDA ITEM#8C APRIL 12,2004 6 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for proposal for audit services I SUBMITTED BY: Nelson Van Liere, Finance Director DATE: March 17, 2004 BACKGROUND: Recently the City's auditors completed the second year of their four-year contract with us. Attached for your review is a letter from Suzanne E. Forbes of James Moore& Co. requesting $10,000 in additional fees to be added to the contract in order for their firm to continue to fulfill their �I obligation. The primary reasons for this request are that the audit was under bid and as per James Moore & Co., they have had costs in excess of fees for the past two years. Mrs. Forbes also explains that there are some new accounting standards being implemented this year that will further raise the cost of performing our audit. Mrs. Forbes indicted that an additional 40 hours of work will be required to continue to perform quality work. Although I agree with Mrs. Forbes assessment of the additional cost for up-coming engagements and the reasons why, I do not recommend adding $10,000 to the contract to go forward. One of the major reasons that this firm was selected above others was price. Adding this amount to the r contract is a substantial increase in price. In my opinion, it would be in the best interest of the City to advertise a request for proposals and select the best firm at competitive :11 prices once again. BUDGET: The budget for FY 2004 is $35,535 which includes some miscellaneous other charges. I anticipate that the audit fees will in fact increase roughly $10,000 and perhaps slightly more. RECOMMENDATIONS: 1.) Deny the James Moore & Co.'s request for additional funds 2.) Authorize the Audit Selection Committee to publicize a new request for proposals for audit services. ATTACHMENT: February 24, 2004 letter from James Moore& Co. CITY MANAGER APPROVAL: AGENDA ITEM#8C APRIL 12,2004 '"1\k".::0 1 R ' CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS • February 24, 2004 City Commissioners City of Atlantic Beach • 800 Seminole Road Atlantic Beach, Florida 32233-5445 To the Honorable Commissioners of the City of Atlantic Beach: We are writing this letter to request an increase in our audit fee for the year ended September 30, 2004, our third year as auditors of the City. We have recently completed our audit of the financial statements for the year ended September 30, 2003 and have incurred substantial costs in excess of fees on this ' engagement as we did in the previous year. These losses are largely due to the implementation of various auditing standards that have been issued since we originally proposed on this engagement. Statements on Auditing Standards (SAS) are issued by ' the American Institute of Certified Public Accountants and adherence to these standards are required. The standards we have implemented in the last two years include SAS 94, The Effect of Information Technology on the Auditor's Consideration of Internal Control in a Financial Statement Audit and SAS 96,Audit Documentation. For the year ended September 30, 2004, we will be required to implement SAS 99, The Consideration of Fraud in a Financial Statement Audit. This involves a number of new requirements that we estimate will increase the number of hours spent on the audit by approximately 40 hours. This increase in time will largely be for experienced audit team members due to the sensitivity of the issue. After considering the above items, we have decided that we cannot perform future quality audits of the ' City without incurring substantial losses. As we will perform nothing other than a quality audit, we respectfully request an increase in the audit fee for the year ended September 30, 2004 in the amount of $10,000 for an annual audit fee of$41,990. Unfortunately, if this request is not granted, we regret we will Have to withdraw from this engagement and the City will have to find another audit firm for the year ended September 30, 2004. We have enjoyed working with the City and its staff for the past two years and hope that we can continue that ' working relationship. • Thank you for your consideration in this matter. If you have any questions or need additional information,please contact me at(386) 257-4100. Very truly yours, JAMES MOORS & CO.,P.L. By ...#d .�► 1 SIM. E. Forbes ' Members of the Private Companies 620 N W 16th Avenue 2473 Care Drive 121 Executive Circe Practice Section and the SEC P.O.Box 1616 Suite 2 Daytona Beach.FL 32114-1180 Practice Section of the Division for Gainesville.FL 32602-1616 Tallahassee.FL 32308-4580 Telephone:386/25774100 CPA Firms of the American Institute Telephone:352/378-1331 Telephone 850/386/6184 Fax 386/255-3261 of Certified Public Accountants Fax:352/372-3741 Fax:850/422-2074 dab©imco.com AGENDA ITEM#8D APRIL 12,2004 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Red Cross Shelter Agreement DATE: March 29, 2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: In the event of a hurricane evacuation, the City of Atlantic Beach is planning to move its employees and operations to the Kernan Trail Elementary School, which is located off of Kernan Road. The school was designed as a hurricane shelter, and it has a number of features that make it advantageous for providing emergency shelter for the City of Atlantic Beach during a storm. Additionally, the Red Cross has established Kernan Trail Elementary School as an emergency shelter for the public. The school will need staff to run the shelter operations, and last year, the City of Atlantic Beach committed to the Adopt-a-Shelter program at the school. The Red Cross is updating the shelter agreements, and the agreement requires the Mayor's signature for approval. The Shelter Training has already been provided to City of Atlantic Beach employees, so the training costs should be negligible. BUDGET: None RECOMMENDATIONS: To authorize the Mayor to sign the attached American Red Cross Northeast Florida Chapter Adopt-A-Shelter Statement of Understanding ATTACHMENTS: American Red Cross Northeast Florida Chapter Adopt-A-Shelter Statement of Understanding REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: L AGENDA ITEM#8D APRIL 12,2004 1 American Red Cross Northeast Florida Chapter ' Adopt-A-Shelter Statement of Understanding ' This agreement is entered into between the American Red Cross,Northeast Florida Chapter and the City of Atlantic Beach,Florida. The purpose of this agreement is to outline the roles and responsibility of both parties in their joint efforts to meet the needs of our community in times of disaster. The American Red Cross agrees to: Provide required training to ensure that the members of the City of Atlantic ' - Beach have the needed information to carry out their assigned role in a shelter. Provide recognition of the involvement of the City of Atlantic Beach when their members are assisting with the operating of an American Red Cross shelter. ' - Ensure that members of the City of Atlantic Beach are covered for liability purposed as Red Cross volunteers. Provide opportunities for members of the City of Atlantic Beach to participate in drills and exercises conducted by the American Red Cross. - Ensure that the City of Atlantic Beach is kept up to date on any changes related to sheltering procedures or other issues related to this agreement. ' The City of Atlantic Beach agrees to: Identify 10 people from their organization to be trained to work in identified Red Cross Shelters. (Keman Trails Elementary)* ' - Coordinate with the Red Cross to schedule training at a convenient time and location for their workers. Identify a primary and backup point of contact to be used to activate shelter workers. ' - Advise Red Cross of any special training requirements needed to ensure that members of shelter team will be ready if needed. ' This agreement is to be in effect starting June 1,2004 for a twenty-four month period ending May 31,2006. • John S.Meserve Charles Cramer Mayor CEO City of Atlantic Beach Northeast Florida Chapter American Red Cross Date Date 674/ *The Adopt-A-Shelter program does not provide for the exclusive use of an organization of a Red Cross Shelter. All Red Cross Shelters are open to any member of the public. ' AGENDA ITEM #8E APRIL 12,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Proposed amendments to Chapter 3, Alcoholic Beverages SUBMITTED BY: Sonya Doerr, AICP, Community Development Director Chief David Thompson, Public Safety Director DATE: April 02, 2004 ibQ ' BACKGROUND: Chapter 3 of the City Code, which establishes conditions and permissible locations for the sale of alcoholic beverages, is a very outdated section of the City ' Code. Attached is a strikethrough and clean review draft of a proposed re-write of this entire Chapter. Upon direction of the Commission, staff will publish proper notice and submit the proposed changes in ordinance form along with any appropriate revisions as requested by the Commission. I 1 BUDGET: No budget issues. ' RECOMMENDATION: Direction to staff to notice and schedule ordinance readings and public hearing to enact proposed revisions to Chapter 3. ' ATTACHMENTS: Strikethrough and clean draft of hater 3, Alcoholic oholic Beverages. ' REVIEWED BY CITY MANAGER: ' April 12,2004 regular meeting AGENDA ITEM #3E APRIL 12,2004 Chapter 3 ALCOHOLIC BEVERAGES* ' *State law references: Liquors and beverages, F.S. § 561.01 et seq. Sec. 3-1. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings ' respectively ascribed to them within this Section. Where applicable and appropriate to the context, definitions and provisions as set forth within Chapters 561-565, Florida Statutes. shall be used in conjunction with these terms and the requirements of this Chapter. (a) (1) Alcoholic beverages shall mean distilled spirits and all beverages containing g one- half of one percent or more alcohol by volume. The percentage of alcohol by volume ' shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water. ' (4)Alcoholic beverage license shall mean that license issued to a person or location by the State Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulations. ' (-e3Licensed premises shall mean not only rooms where alcoholic beverages are stored or sold by the licensee, but also all other rooms in the building which are so closely ' connectedmi-so as to admit free passage from drinking parlor to other rooms over which the licensee has some dominion or control. ' ( (b) "Licensee" means a legal or business entity, person, or persons that hold a license issued by the division and meet the qualifications set forth in s. 561.15. (e4(c) "Sale" and "sell" shall mean any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law. ' (44(d) "Special Event Permit" means an approved City of Atlantic Beach permit, signed by the City Manager or his designee, as authorized under Section 3-9 (b) of this Chapter of the City Code. (Ord. No. 10-80-13, § 3-1, 4-28-80) Cross references: Definitions and rules of construction generally, § 1-2. ' AGENDA ITEM#8E APRIL 12,2004 1 Sec. 3-2. Hours of sale. (a) It shall be unlawful for any licensee . - . •. •I the city to sell, offer for sale, serve, give away, dispense or dispose of alcoholic beverages or permit the same to be consumed upon the licensed premises during the days and times listed below: (1) Between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day following Christmas Day. (2) Between the hours of 2:00 a.m. and 7:00 a.m. on all other days. (b) The licensed premises in which any of the alcoholic beverages are kept, except such premises as are primarily used and conducted as grocery stores, markets or primarily for the sale and serving of prepared foods for consumption thereon shall be securely closed during such hours (between 2:00 a.m. on Christmas Day and 7:00 a.m. on the day following Christmas, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days), and no person shall be permitted therein during such hours : .. .. - - , except to clean up the premises, to perform necessary functions for closing the establishment, or to perform necessary maintenance. t (Code 1970, § 3-1; Ord. No. 10-80-13, § 3-2, 4-28-80; Ord. No. 10-83-15, § 1, 2-14-83; Ord. No. 10-93-17, § 1, 2-8-93; Ord. No. 10-97-20, § 1, 1-27-97; Ord. No. 10-02-21, § 1, 1-28-02) State law references: Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2). Sec. 3-3. Persons not holding alcoholic beverage licenses to selh a ( ) It shall be unlawful for any person or business operating for profit, but not licensed to ' sell alcoholic beverages in the city, to serve, give away or dispense alcoholic beverages or permit the same to be consumed upon his premises : •!! of 2:00 a.m. on Sundays and 1:00 p.m. on Sundays, and between the hours of 2:00 a.m. and 7:00 a.m. on all other days. During the days and times listed below: (1) Between the hours of 2:00 a.m. on Christmas Day and 7:00 a.m. on the day following Christmas Day. (2) Between the hours of 2:00 a.m. and 7:00 a.m. on all other days. (Code 1970, § 3-2; Ord. No. 10-80-13, § 3-3, 4-28-80) Sec. 3.1. Premises where sales permitted. - . 1 Sec. 3-4. Premises where retail sales for off-premise consumption are permitted. ' AGENDA ITEM #8E APRIL 12,2004 (a) Retail sales, limited to beer as defined by Section 563.01, F.S. and wine as defined by ' Section 564.01, F.S, shall be permitted only upon the following premises: (1) Businesses within the Commercial General Zoning District abutting Atlantic ' Boulevard or Mayport Road or businesses located within the Central Business District; and ' (2) Establishments in locations presently open for business and where a current valid alcoholic beverage license existed on Insert Date ' (b) Retail sales of alcoholic beverages, which include liquor as defined by Section 565.01, F.S, in addition to beer and wine, shall be permitted only under the following conditions and upon the following premises. ' (1) Businesses properly licensed by the City of Atlantic Beach for the retail sale of alcoholic beverages, and ' (2) Businesses located only within hm the Commercial General Zoning District and ' subject to approval of a Use-by-Exception in accordance with Section 24-63 of the City Code. ' Sec. 3-5. Premises where sales for on-premise consumption are permitted. ' (a) Sales of any alcoholic beverages for on-premise consumption, including beer, wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes, bars and private clubs within Commercial General and ' Commercial Limited Zoning Districts or the Central Business District in compliance with Chapter 24 of the City Code and subject to approval of a Use-by-Exception in accordance with Section 24-63. (1) The premises commonly known as Le Chateau; (2) The clubhouse site and pro shop site of the Selva Marina Country Club; .. - • ..• - ._. •: •••: • • •• • • • • • • • - - . - .. - •- . --•- 241 ' (6) The premises commonly known as Letizia's Italian Restaurant so long as the sale for (Code 1970, § 3-3; Ord. No. 10-80-13, § 3-4, 4-28-80) State law references: Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2). Sec. 3 5. Locations where on premises sales prohibited. AGENDA ITEM#8E APRIL 12,2004 111 ' business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale of feed- . $ I • . . 2. e ;. 4 : :e ' State law references: Authority to regulate location of alcoholic beverage establishments, F.S. § 562.5(2). current alcoholic beverage license; or (b) The foregoing provisions of this section shall not apply to any restaurant ("restaurant" is - -- . . . .. : - . . . . : - - .!! _ ... feet; nor shall the feregoing provisions of this section apply to grocery stores or drugstores (Ord. No. 90 82 73, § 1, 7 28 82; Ord. No. 10 82 14, § 1, 1 24 83) - - - - • 562.45(2). . . - . ' - . . ' - -... . ' Sec. 3 7. Measurement of distances. , , Sec. 3-86. Conditions of existing establishments. (a) Establishments in locations presently open for business and where a current valid alcoholic beverage license existed as of the Effective Date of this amended Ordinanceen ' AGENDA ITEM #8E APRIL 12,2004 Insert Date. may continue to operate under this chapter, April 28, 1980_shall not in any I .-. . - . -: -• • = - o •. ..- and no right of renewal of such licenses shall be altered or changed by the distance limitations or any other provisions of this chapter. (b) Notwithstanding the limitations of this chapter, any location shall be approved for an alcoholic beverage license if in compliance with the with Chapter 24 of the City Code ' zening-c-ede and the license is being transferred ef-meved from a location where a current valid license existed prior to as of the Effective Date of this amended Ordinancelnsert Date April 28, 1980 nor shall the number of times the license may be transferred or moved be limited so long as each new location meets the requirements of this chapter (Ord. No. 10-80-13, § 3-8, 4-28-80) ' Sec. 3-97. Lighting requirements on premises. ' Each vendor licensed to sell alcoholic beverages in the city, during all times his premises are open for business or in which members of the public are admitted, shall maintain sufficient lighting for the safety of patrons and employees. . - .. .. .. . - . •- - •. . i",tcanel es of ligh* (Code 1970, § 3-5; Ord. No. 10-80-13, § 3-9, 4-28-80) ' Sec. 3- 08. Consumption on vendor's premises It shall be unlawful for any person to consume any alcoholic beverages on the premix s of any licensed premises vendor except within: (-1a) The building which is the address of the licensed vendor; or ' (2b) Within a recreation area contiguous to the building, and maintained and controlled by the licensed vendor exclusively for recreational purposes including but not limited to golf facilities, tennis facilities, swimming facilities, or other recreational purposes. ' (Code 1970, § 3-7; Ord. No. 10-80-13, § 3-11, 4-28-80; Ord. No. 10-85-16, § 1, 9-23-85) Editor's note: Ord. No. 10-85-16, § 1, adopted September 23, 1985, repealed former § 3-10 and renumbered §§ 3-11, 3-12 as §§ 3-10, 3-11. Former § 3-10 was concerned with the use of sound- producing equipment outdoors, and derived from Code of 1970, § 3-6, and Ord. No. 10-80-13, § 3-10, adopted April 28, 1980. ' (c) Within a seating area contiguous to the building, and maintained and controlled by the licensed vendor. Sec. 3-1-1-9. Consumption, possession of open container upon public property. ' AGENDA ITEM#8E APRIL 12,2004 ' (a) It shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city, or for any person to be in possession of an open container of an alcoholic beverage upon the public properties within the city. Such public ' property shall include, but not be limited to, roads, streets, sidewalks, highways, parks and the ocean beach. ' (b) The city manager may, for special events, grant a Special Event Permit for the consumption of beer and wine and the possession of open containers of beer and wine upon public properties within the city, provided: (1) No beer or wine alcohol shall be consumed out of doors in or ublic park P areas, except [that] for up to four (4) festivals in any one (1) calendar year, beer (2) All public consumption of beer and wine upon city properties, as permitted hereunder, shall end no later than 11:00 p.m. (3) The applicant for a City Special Event Permit agrees to comply with any ' reasonable conditions deemed necessary by the city manager to protect the best interests of the city and its residents. (Code 1970, 3-8; Ord. No. 10-85-16, § 1, 9-23-85; Ord. No. 10-94-19, § 1, 12-12-94) Note: See editor's note to § 3-10. 1 i ' AGENDA ITEM#8F APRIL 12,2004 CITY OF ATLANTIC BEACH ' CITY COMMISSION MEETING STAFF REPORT 111 AGENDA ITEM: Stormwater Monitoring Cost Sharing SUBMITTED BY: Donna Kaluzniak, Utility Director ' DATE: April 1 2004 BACKGROUND: The City has had a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit from EPA/DEP since 1997. Atlantic Beach is a co-permittee along I with the City of Jacksonville (COJ), Florida Department of Transportation(FDOT) and recently, the City of Neptune Beach. Atlantic Beach, COJ and FDOT have had an approved Storm Water Management Plan since permit inception. Part of this Storm Water Management Plan consists ' of an extensive DEP-approved monitoring program that includes sampling and testing for multiple parameters at numerous locations. ' For the first 5-year permitting period, the COJ and FDOT paid all the costs for the monitoring program. The cost for the first 5-year monitoring period was $277,275. For the current 5-year permitting period (2003 to 2007), DEP required revision of the monitoring program to include ' additional sampling and testing. The total cost of the monitoring program for the current 5-year period is $300,000, an additional amount of$22,725 over the last monitoring period. FDOT and COJ have asked for the Cities of Neptune Beach and Atlantic Beach to assist with the additional cost of the monitoring program. This equates to $11,362.50 per City for the 5-year period. The City of Jacksonville will submit one invoice for the entire 5-year monitoring program after the start of our new budget year that begins October 1, 2004. City staff requested pricing the required parameters from our annual contract laboratory, Columbia Analytical, to obtain an estimate of what the City would have to pay in order to conduct our own monitoring program. The cost for the City to have the appropriate sampling ' and analysis for the 5-year period is estimated at $85,785. BUDGET: No funds are needed in the current budget. Funds in the amount of$11,362.50 will need to be included in the FY05 budget. RECOMMENDATION: Include funds in the amount of$11,362.50 in the FY05 budget to ' assist with the costs of the Storm Water Monitoring Program for the current 5-year permit period. ATTACHMENTS: ' REVIEWED BY CITY MANAGER: I1 AGENDA ITEM #8G APRIL 12,2004 STAFF REPORT ' City of Atlantic Beach Commission Meeting ' AGENDA ITEM: Surplus Equipment Donation DATE: April 5, 2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS ' BACKGROUND: Over the past several years, the City of Atlantic Beach has accumulated obsolete IT ' equipment for disposition.For governmental entities, State law requires the approval of the governing body to dispose of surplus property. ' Although there are several possible solutions for disposing of the property, none of the solutions is likely to generate much revenue. The IT equipment is comprised of obsolete computers and monitors, some of which are inoperable. ' Based on a suggestion from the IT division, the local schools were contacted to see if they were interested in the equipment for their use. Basically,the answer was,"no"because their IT people wouldn't accept it. However, after a conversation with the Mayport Middle ' School, it was suggested that we donate the equipment to low-income students. The Vice Principal, Carey Spates, liked the idea and discussed it with some of the teachers. The language arts teachers identified good students who might benefit from the IT equipment, and these students qualified for financial need. ' With Commission approval,the computer equipment will be"cleansed"of city data and provided to the students. Please see the attached list of items to be identified as surplus property. Staff expects to be able to set up 10 operational computers. ' IT Network Administrator Bryan Smith(and others)have volunteered to set up the computers at the Mayport Middle School so that the students can come in and learn how to I set them up at home. When the students have learned the basics,then they will be allowed to take the computers home for their use. ' BUDGET: None RECOMMENDATIONS: To approve the attached list of IT equipment as surplus ' property, and to approve donating it to students as discussed above; and to classify additional obsolete IT equipment as surplus for destruction. ' ATTACHMENTS: List of surplus IT items. REVIEWED BY CITY MANAGER: ' _ AG DA ITEM NUMBER: IIT OBSOLETE INVENTORY AGENDA ITEM #8G APRIL 12, 2004 This monitor and PC list should allow us to have approximatly 10 PC's to give to the school children II Model No. Serial No. Tag No. Asset No. IMonitor Gateway U7003-01 HDE2JB037011 n/a Gateway EV700A 17014D436978 n/a Gateway 700-069EV 17004A976885 n/a Gateway 700-069CS 17004A272205 n/a Princeton E070 0662003226 n/a I Gateway EV910B 190166204430 n/a CTX 1565D 2H0-54902405 n/a Gateway EV910B 19016B205896 n/a IGateway E7008 MIA8J5241862 n/a Gateway E7008 MIA8J6321826 n/a PC ` Gateway COR E3400 0020617104 n/a 1029 loGateway GP6-350 0013184728 01231 913 Gateway E4200 350 0014568001 01030 918 rGateway G6-300 0010640174 01241 841 ,Gateway G6-350 0011763906 01029 911 Gateway G6-350 0011764432 01007 906 IGateway E3400 0019926213 01012 976 Gateway FMN 466C 0015181185 01077 925 Gateway GP7-700 0018580359 01076 978 Gateway E4200 450 0016506760 01008 981 Gateway E4200 450 0016026851 01010 970 yGateway GP6-350 0013184729 01232 912 Gateway E4200 500 0017836617 01009 980 'Gateway E4200 350 0014318985 01245 915 Gateway E4200 350 0014319005 01246 916 Gateway E3400 0020029316 01011 971 Gateway E4200 0015300088 01066 977 Gateway E3400 0020617103 01081 1028 •Laptop ' Gateway Solo 1150 1096446252 01021 1021 I I These items are beyond any use and will just be destroyed „Switch 3COM 3C16980A-3300 KMMS4E9BED8 n/a 'Server Quantum 70700042-004 306782 01080 968 1 'Printer Hewlett Packard MC4589A US6BK1SO2M n/a Lexmark 2391-003 11-8M976 n/a Lexmark 4226-302 11-G0341 01177 676 AGENDA ITEII ft;G IT OBSOLETE INVENTORY APRIL 12, 200•I This monitor and PC list should allow us to have approximatly 10 PC's to give to the school children Model No. Serial No. Tag No. Asset No. Hewlett Packard C2164A SG57A1JO6K 01214 681 Hewlett Packard C2162A US53E1H1S2 n/a 'Monitor Gateway 700-069EV 17004A976872 n/a itell 828F1 22794B13PR 69 n/a learmax CM-1528 0882096643 n/a IPC Gateway P55C-200 0007914501 01221 761 Gateway BATC 0007480819 01201 763 _Generic 01187 75 aptop ateway Solo 2500 BC699313971 N/A 922 Gateway Solo 2500 BC699410215 01013 979 IBM ThinkPad ???? 01018 833 IBM ThinkPad 7205-N0015 N/A C:\Documents and Settings\dthompson\Local Settings\Temporary Internet Files\OLK2\[2004 IT obsolete Invento AGENDA ITEM#9A APRIL 12,2004 C I April 5, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hanso SUBJECT: City Ma er's Report ' Public Works Director; Ricky Carper has been hired to be the City's new Public Works Director. He is an Atlantic Beach resident and is currently working for the engineering firm of Connelly & Wicker, Inc. on various stormwater and road projects. Previously he served in the ' US Navy for over 20 years, including commanding the USS Oliver Hazard Perry(FFG7). His education includes a Masters degree in Mechanical Engineering. He will begin work with the City on April 19`h ' Senator Nelson's Office to Use CityCommission o Chambers; The City has approved a request from Senator Nelson's office for use of the Commission Chambers on April 19th from 10:00 am ' until 1:00 pm. The Senator's staff will meet with citizens to discuss various issues of concern to them relating to federal legislation. 1