Agenda Packet 10-25-04 I
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING OCTOBER 25,2004
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of October 11,2004
' 2. Courtesy of Floor to Visitors
A. GAI Consulting Report regarding FDOT's response to the Mayport Road median
project.
3. Unfinished Business from Previous Meetings
' A. City Manager's Follow-up Report
' 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
__..�_........._...... ...SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Utility Sales Report for September(City Manager)
' B. Approve designated streets for the Tree Planting Program(City Manager)
C. Extend the Landscape Maintenance Annual Contract for Utilities and Public Works
Bid No. 0304-5 (City Manager)
' D. Extend the contract on Annual Professional Land Surveying(City Manager)
5. Committee Reports
' A. Pension Board Report for Police and General Employee Pension Plans
6. Action on Resolutions
7. Action on Ordinances
A. Ordinance No. 20-04-67 Public Hearing and Final Reading
--- --- - ORDINANCE NO. 20-04-67 AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1,2004 AND ENDING SEPTEMBER 30,2005
' B. Ordinance No. 20-04-68 Introduction and First Reading
ORDINANCE NO. 20-04-68 AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING
' OCTOBER 1,2003 AND ENDING SEPTEMBER 30,2004
8. Miscellaneous Business
' A. Request from Won Yoo Chun for a waiver from the sign regulations to allow for the
complete face replacement on an existing nonconforming sign located at 1480
Mayport Road(City Manager)
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' B. Proposed Revision of St. Johns River Management District Rule 40C-2 (City
Manager)
C. Authorize City Manager to hire Livermore, Freeman and McWilliams for bond
' counsel for the purpose of refunding the Utility Revenue Bonds, Series 1996 (City
Manager)
D. Authorize City Manager to hire A.G. Edwards as senior manager and J.P. Morgan as
co-manager for underwriting services for the purpose of refunding the Utility
Revenue Bonds, Series 1996(City Manager)
E. Extend the contract for Security Improvements to Access Limited to include
additional areas for an additional$149,266 (City Manager)
F. Discussion and related action on the City Manager's Compensation(Mayor)
' 9. City Manager
A. City Manager's Report
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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
My 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 590 PM,Friday,October 22,2004.
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' MINUTES
REGULAR CITY COMMISSION MEETING
OCTOBER 11, 2004
CITY HALL, 800 SEMINOLE ROAD
' Attendance IN ATTENDANCE:
Mayor John Meserve City Attorney Alan C. Jensen
Mayor Pro Tern Richard Beaver City Clerk Donna L. Bussey
Commissioner Paul B. Parsons
Commissioner Sylvia N. Simmons
Commissioner J. Dezmond Waters III
ABSENT:
City Manager Jim Hanson
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
September 27, 2004
' Commissioner Simmons requested that Page 7, Paragraph 3 be amended to
include additional discussion as indicated in a prepared amendment
distributed to the Commissioners.
Motion: Approve Minutes of the Regular Meeting of September 27.
2004 as amended. (A copy of the amendment is attached to the minutes).
Moved by Parsons,seconded by Waters
Votes:
' Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
1 Courtesy of the Floor 2. Courtesy of the Floor to Visitors
' Steven Hannan of 345 20th Street inquired concerning the status of the
proposed development to be located north of Fleet Landing. Mayor
Meserve responded that no action was taken and the developer was
' informed the Commission would hold a public meeting when specific plans
were submitted to the city for review. The Mayor indicated that the owner
of the property had not contacted the city since the initial inquiry.
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October 11,2004 REGULAR COMMISSION MEETING Pate 2
Pat Pillmore of 995 Camelia Street thanked the Commissioners for
providing storm information to the residents during the recent hurricanes.
She indicated that since the storms, mosquitoes had become prevalent and
' annoying. Ms. Pillmore complained concerning the slow response of the
City of Jacksonville Mosquito Control to requests for spraying and inquired
if the city or beach cities would consider purchasing a truck for spraying.
Mayor Meserve agreed that the mosquitoes were a problem and indicated he
would speak with the City Manager concerning increasing the city's
' program for spraying ditches and open water.
J.P. Marchioli of 414 Sherry Drive thanked the Commissioners for the
improvements to the ditch located behind the Post Office, which included a
bulkhead, landscaping and new sidewalk. He also commented that too
much money was being spent on consultants while worthwhile projects,
' such as making Howell Park handicapped accessible, were ignored. Mr.
Marchioli also requested that something be done concerning the mosquito
problem.
' Recognition of Richard A. Presentation of plaque recognizing Richard Mann's Years of
Mann's Years of Service on the Code Enforcement Board
' Service on the Code
Enforcement Board Mayor Meserve presented Mr. Mann a plaque honoring his nine years of
service on the Code Enforcement Board and thanked him for his dedication.
' Mr. Mann thanked the Commissioners and stated it was a pleasure and
t honor to serve the city. He indicated his work on the board was a
meaningful experience and it was hard to believe that nine years had gone
by.
' Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
' City Manager's Follow-up Report
Beach Renourishment and Hurricane Follow-up
' Mayor Meserve commented on each item of the City Manager's report
which is attached and made part of this official record as Attachment A.
' Mayor Meserve indicated that the city met with U.S. Representative Ander
Crenshaw to discuss supplemental funding for beach renourishment, and he
' indicated his support for the program. Mayor Meserve expressed concern
if the city did not received beach renourishment by next year, two
northeasters could do significant damage to the remaining dune system.
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October 11,2004 REGULAR COMMISSION MEETING Page 3
The Mayor praised the efforts of city crews during the two recent hurricanes
and thanked them for their dedication to keeping the city operational.
Consent Agenda 4. Consent Agenda
A. Acknowledge receipt of Building Department Monthly Report
' for September, Report of New Occupational Licenses issued in
September and Public Works and Utility Departments Monthly
Report(City Manager)
B. Rebid of Annual Contract for Lawn Maintenance of City Parks
(Bid No. 0304-22) (City Manager)
C. Extend Control Design, Inc. contract for Lift Station SCADA to
include nine additional lift stations at a cost of$49,995.00 (City
Manager)
Motion: Approve Consent Agenda Items A, through C as presented.
There was no discussion.
' Moved by Waters, seconded by Parsons
Votes:
- ------ -- -- Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
1 Committee Reports _ 5. Committee Reports
There were no Committee Reports
Action on Resolutions 6. Action on Resolutions
There was no action on Resolutions.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 75-04-17 Public Hearing and Final Reading
' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2)AND
' 21-31(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED
FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY
PARKING SPACES,ADOPTING ORDINANCE 75-04-17,
' PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE
' The Mayor read the ordinance by title only.
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October 11.2004 REGULAR COMMISSION MEETING Page 4
Motion: Approve Ordinance No. 75-04-17 on final reading.
Mayor Meserve explained that the ordinance corrected the amount of fine to
' be assessed for illegal parking in ADA accessibility parking spaces.
Mayor Meserve opened the floor for a public hearing. No one spoke and he
closed the public hearing.
There was no discussion.
' Moved by Parsons,seconded by Waters
Votes:
' Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
Nay: 0
MOTION CARRIED
tB. Ordinance No. 20-04-67 Introduction and First Reading
ORDINANCE NO. 20-04-67 AMENDING THE OPERATING
' BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING
SEPTEMBER ,
Mayor Meserve read302005 the ordinance by title only.
Motion: Approve Ordinance No. 20-04-67 on first reading.
It was announced that the public hearing and final reading of the ordinance
would be October 25, 2004.
Moved by Beaver, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve
' Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from the 10th Street Beach Access Committee for
matching funds totaling$2,500 for improvements at the 10th
Street Beach Access (City Manager)
Motion: Approve request from the 10th Street Beach Access Committee
' for matching funds totalinE$2,500 for improvements at the 10th Street
Beach Access.
' Mr. John Goodling of 149 10th Street, representing the 10th Street Beach
Access Committee, presented a slide show illustrating the proposed
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October 11,2004 REGULAR COMMISSION MEETING Pape 5
' improvements to the access, which included brick pavers, a sea shell
collection area, landscape plants, car stops and irrigation. Mr. Goodling
reported that the cost for the project was approximately$8,000, depending
on the cost of the landscape plants. He stated that funds would be raised
from selling signature pavers at $50 per paver, with profits of$37.50 for
each one sold. He indicated commitments to purchase 60 pavers had been
' received, as well as a donation of$1,000.
Mr. Goodling thanked Parks and Recreation Director Johnson and the City
Gardener, Alex Hawkins, for their valuable input.
Commissions Waters thanked Mr. Goodling for the presentation and
' indicated the proposed improvements would provide a beautiful asset to the
city.
Mayor Meserve inquired concerning the rusty bicycle rack located at the
access. Mr. Goodling stated he had spoken with Parks and Recreation
Director Johnson and was informed a new bicycle rack would be provided
by the city for the site.
Mayor Meserve inquired if a shower would be provided for the site. A
discussion of the new vandal proof showers ensued, and Parks and
Recreation Director Johnson indicated that one could be provided for the
access. It was the consensus of the Commission that irrigation and a
' shower be provided for the site.
Commissioner Parsons inquired if the 10th Street Beach Access Committee
' met all of the city's criteria for receipt of the $2,500 in matching funds. Mr.
Johnson indicated they were eligible for the matching funds.
' Moved by Simmons, seconded by Parsons
Votes:
t Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
' B. Approval of the Local 630, White Collar Union Contract for the
period October 1, 2004 through September 30, 2005 (City
' Manager)
Motion: Approve of the Local 630, White Collar Union Contract for
' the period October 1, 2004 through September 30, 2005.
There was no discussion.
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' October 11,2004 REGULAR COMMISSION MEETING Page 6
Moved by Beaver, seconded by Waters
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, NIeserve
' Nay: 0
MOTION CARRIED •
C. Approval of the Local 630, Blue Collar Union Contract for the
period October 1, 2004 through September 30, 2005 (City
Manager)
Motion: Approve of the Local 630,Blue Collar Union Contract for the
period October 1, 2004 through September 30, 2005.
iThere was no discussion.
Moved by Waters, seconded by Parsons
Votes:
Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve
1 Nay: O
MOTION CARRIED
9. City Manager
A. City Manager's Report
There was no report.
t Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
A. Florida Beach and Shore Preservation Association Conference
Report(Comm. Parsons)
Commissioner Parsons reported that Public Works Director Rick Carper
and he attended the Florida Shore and Beach Preservation Association
' annual conference on Marco Island and Mr. Carper would provide an
overview of the materials covered at the conference. A copy of his report
is attached and made part of this official record as Attachment B.
' Funding for Duval County beach renourishment was discussed in detail.
Public Works Director Carper indicated that he was informed that if
' approved tomorrow, $84M in Federal Emergency Funding would be
available for beach renourishment in the southeast. It was thought this
would provide enough funds to Florida for restoration of the beaches to
' before Hurricane Jeanne levels. It was pointed out that beach
renourishment was no longer a function of the Corps of Engineers and the
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October 11,2004 REGULAR COMMISSION MEETING Pace 7
Jacksonville renourishment project had no official status with them. Mr.
Carper indicated that Kevin Bodge of Olsen and Associates estimated the
cost for Duval County Beach Renourishment to be 39.5M before the
hurricanes and at$12M after Hurricane Jeanne. It was noted that Duval
County had not been placed on the FDEP list as a casualty of the hurricanes
and consequently would not be eligible for funding from them. Mr. Carper
also noted that the city would not be eligible for FEMA emergency funding
if the city was involved in an on-going Corps of Engineers project.
' Commissioner Waters inquired concerning Corps contract for beach
renourishment and the jetties' influence on beach erosion. Mr. Carper
indicated that the initial renourishment occurred in 1976. However, the
' Corps was careful to never tie the city's beach renourishment with the
Federal Aid to Navigation (construction of the jetties).
' Discussion of Kevin Bodge's duties ensued. It was pointed out that Mr.
Bodge was hired on an as-needed basis to represent both Atlantic Beach and
Jacksonville Beach in matters concerning beach renourishment. It was also
' pointed out that City of Jacksonville had agreed to reimburse the city for his
fees, but lost the paperwork and did not know where it was.
' Mr. Carper indicated that the Corps was expected to take the lead for
funding beach renourishment, but was not pushing for the funding.
Commissioner Parsons recapped the findings of a meeting held the previous
' Friday at the beach with Jacksonville Council President, Elaine Brown,
Jacksonville Council Member Art Graham, State Representative Don Davis,
Representative Ander Crenshaw's Aide, City Manager Hanson, and Public
' Works Director Carper and indicated that it was the consensus of those
present that funding for beach renourishment was an on-going issue and
should be pursued.
' Commissioner Parsons and Public Works Director Carper recommended
that the Commission consider appointing a committee to bring attention to
' the funding issue. Commissioner Beaver suggested that Kevin Bodge serve
on the committee. Discussion ensued. Mayor Meserve stated he would like
to appoint Commissioner Parsons to serve as a Commissioner representative
' on the ad hoc committee, and indicated that he had spoken with
Jacksonville Council President Elaine Brown who agreed to serve on the
committee and be a pro-activist for beach renourishment from the county's
viewpoint.
' Commissioner Simmons believed funding for beach renourishment had
been stalled in Mayor Peyton's office and reported that Jacksonville Beach
City Manager Forbes indicated a desire for the beach communities to hire
Mr. Bodge, on the local beach level, to take a more active role to obtain
funding from Jacksonville. Mayor Meserve agreed and suggested that
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October lt,2004 REGULAR COMMISSION MEETING Pate 8
Commissioners Parsons and Simmons, meet with Elaine Brown, and Steve
Diebenow, to set up a meeting and move forward with a plan to obtain
funding for beach renourishment within the next year.
Commissioner Beaver inquired concerning the agreement with the Corps
and the City of Jacksonville for beach renourishment. Mayor Meserve
' explained the fifty-year agreement and indicated that funding was never
included with the agreement. He believed the city should take the federal
government to court if it ever decided to get out of the beach renourishment
' program due to the jetties preventing the natural migration of sand to
Atlantic Beach.
' Commissioner Simmons
'r Reported that a large amount of seaweed had washed up on the beach
' and was beginning to smell. She suggested some of it might be retained
on the beach as a mechanism to capture blowing sand.
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C. Stated she received a call concerning the City of Jacksonville
referendum for a charter change relative to zero tolerance for litter and
inquired as to what action the city was taking on this matter. Mayor
' Meserve believed it was a matter for the City Attorney to address. The
Mayor explained that the issue was that the change would affect the
entire county, including the beach cities that have their own litter
' ordinances, and if a fine was levied, who collects the fine. The Mayor
further indicated the change was written so that each beach city would
have to vote for the change, as well as each city government.
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Commissioner Simmons expressed concern that the city might lose out
' on regular litter pick-ups on Atlantic Boulevard and Mayport Road if it
did not support the change. She indicated that Jacksonville Council
Member Graham was going to introduce an amendment to opt out the
beach cities the following evening.
' Mayor Meserve requested that the City Attorney research the proposed
change to determine if a precedent would be set relative to Home Rule
and the proposed Jacksonville Charter change and get back with him by
' noon the following day. Mayor Meserve indicated he would make some
calls and speak with the City Manager in the morning to decide the
city's position on this matter to relay to Council Member Art Graham.
' Commissioner Waters
Thanked the Mayor for the letters written to Senators Graham and
Nelson concerning beach renourishment.
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October 11.2004 REGULAR COMMISSION MEETING Pan 9
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C. Commented on information he received from Council Member Art
Graham concerning an article in the Jacksonville Business Journal
relative to the beach cities not participating in Super Bowl events.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 8:30 p.m.
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John Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
Municipal Clerk
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I ATTACHMENT 4A
OCTOBER 25,2004
' City of Atlantic Beach, FI.
' Utility Sales Report
September 2004 September 2003
Gallons Actual Revenue Gallons Actual Revenue
IWater Sales Accounts (000) Revenue Per 1,000 gI Accounts (000) Revenue Per 1,00091
ht
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Atlantic Beach 5,499 50,581 $124,049 $2.45 5,358 49,409 $95,261 $1.93
I Buccaneer 2,696 30,469 $80,330 $2.64 2,577 30,051 $66,820 $2.22
Total Water Sales 8,195 81,050 $204,379 $2.52 7,935 79,460 $162,081 $2.04
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Water Plant Production
Gallons Gallons
(000) (000)
IAtlantic Beach 52,949 65,622
Buccaneer 21,027 34,422
Total Production 73,976 100,044
ITotal Water Billed 81,050 79,460 .
Water Loss for month: ___(1074) 20,584
' Percentage Loss 3.56% 20.57%
' Total 12 mo.Avg.Loss 11.51% 15.09%
IGallons Actual Revenue Gallons Actual Revenue
Sewer Sales Accounts (000) Revenue Par 1,000 gI Accounts (000) Revenue Per 1,000 gI
1 Atlantic Beach 4,935 37,497 $162,786 4.34 4,827 37,568 $146,059 3.89
Buccaneer 2,583 27,987 $145,542 5.20 2.471 28,534 $128,252 4.49
Total Sewer Sales 7,518 65,484 $308,328 $4.71 7,298 66,102 $274,311 $4.15
a
Sewer Treatment
Millions of Gallons 79.77 73.46
Rev.per 1,000 Gallons $3.87 $3.73
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ATTACHMENT 48
OCTOBER 25,2004
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Approve designated streets for the Tree Planting Program
SUBMITTED BY: Timmy Johnson, Parks& Recreation Director
DATE: October 15, 2004
' BACKGROUND: The City implemented a tree planting program in 2002 to
assist with the beauty and tree canopy of the City. We
installed over 500 trees on the right-of-way areas and parks
throughout the City over the past 2 years. This year we
would like to designate the following streets for planting:
• Jordan Street—Oaks and Hollies
• Russell Park—Oaks and Hollies
• Plaza Road—Oaks and Hollies
• Selva Marina Drive—Oaks
' • Veteran's Memorial Park—Oaks and
Hollies
• West 13ih& I4t Street from Mayport Road
to Orchid—Oaks and Hollies
• West 4th Street to 11`h Street from Mayport
Road to Rose—Oaks and Hollies
' • Donner Park—Oaks
' BUDGET: Funds for this program are in account number
001-6025-541-3400.
' RECOMMENDATION: Approve designated streets for the Tree Planting Program
ATTACHMENTS: none
' REVIEWED BY CITY MANAGER:___
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ATTACHMENT 4C
OCTOBER 25,2004
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CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Extension of Landscape Maintenance Annual Contract for
Utilities and Public Works
Bid No. 0304-5
' SUBMITTED BY: Donna Kaluzniak, Utility Directo
' DATE: October 14,2004
BACKGROUND: On November 14, 2003,bids were opened for the City annual contract for
' Landscape Maintenance for Utilities and Public Works. The low bidder was A Native Sun
Landscaping. They successfully met all bid requirements.
A Native Sun's personnel have the required background, knowledge, experience and equipment. The
fees charged by A Native Sun Landscaping have been very reasonable and competitive.
City has spoken to A Native Sun Landscaping regarding an extension of their current contract for one
year at the current rates and they have agreed. As per Bid No. 0304-5: "The City reserves the right to
renew the contract for two additional one-year periods pending a mutual agreement between the City
and the vendor, and a review of the contract performance by vendor for the previous year."
tThe vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
' BUDGET: Funding is included in the Water and Sewer Funds and in Public Works Funds in the
amount of$50,400 under account numbers 400-5502-533-3400and 410-5508-535-3400, 001-5002-
541-3400 and 001-5001-541-3400.
RECOMMENDATION: Extend the Landscape Maintenance Contract for Utilities and Public Works
' for an additional year at the current prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from A Native Sun Landscaping.
' REVIEWED BY CITY MANAGER:
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ATTACHMENT 4C
FRCPI : Pax NO. ice.,. es 2003 esseas p. OCTOBER 25,2004
OCT-14-2004 TAO lltl9 AM All. 90H. PUBLIC WOW FAN NO. 904 247 5043 P. 01/01
1
4TR`7Pi� DEPARTMENT OP nuc VORIS
12C0 SANDPIPSII LA !
ATLANTIC BUM PUNIC*J3134W
rk TPLPy11ONL(9(4 141.114
rt PAxwuryn 5M:-
nUMCp1:1!1 AL
October 14,2004 FAX: al-9_040Mr.Bryan McAlister
A Noire Sun landscaping
RE: tfli,ian of Bid No.0304-5
Dear Mr./MAIM=
Ax you are aware,the annual aurorae!with the CM of Me Me Bawl for Lodi.ape
Maintenance for UdBYee sed Public Weeks expires Nowa ber 30,2004.•We yn uId Ike
to extend the oonuact for another year et the current pikes,if this Ve acceptable TI mi 1
•
Company.
ll aeeepWie,Plena sign beiowrod seen tome Omaaer 1 S,2004,so 1 can 0404E a
mammon for the Chy Ownraiseian.
•
' We lack forward to recommending that we continue our cc encs with your comp.any.
Sincerely,
Dom-onna — "k
hmniak
Utility Director
A NATIVE SUN LANDSCAPING AGREES TO RXTP.I ID THE CONTRA(T
WITH THE CITY OF ATLANTIC REACH AT TIMI M DCES SUBMTITIB0 IN
' MO NO.0304-5 FOR AN ADDITIONAL YEAR RIPE(TIER DECEMBER 1,
3004.
• IaS L to ` 1S X6`1
B tier Doe
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ATTACHMENT 4D
OCTOBER 25,2004
1
' ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Annual Professional Land Surveying
SUBMITTED BY: Rick Carper, Public Works Director
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DATE: October 14, 2004
BACKGROUND: On October 28,2002,we began an annual contract for
' Professional Land Surveyor Services with L.D. Bradley
Land Surveyors, in order that the City could receive
accurate and timely surveying for properties, utilities,
eacements, and other issues where professional surveying
would be required. The current contract has the option of
renewing for two 1-year periods. This would be the second
of two possible extensions.
BUDGET: Total budget is reflected in various professional services
accounts for Public Works,Public Utilities, Community
Development (CDBG), Parks and Recreation, and as part of
various projects for these same departments. The total
money spent in FY03-04 was$44,258.21.
RECOMMENDATION: Extend the contract from October 28,2004 through
October 27, 2005 at the current cost.
ATTACHMENT: Letter from L.D. Bradley Land Surveyors, agreeing to the
extension at the current costs.
' REVIEWED BY CITY MANAGER: -
N�
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ATTACHMENT 5A
OCTOBER 25,2004
CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
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AGENDA ITEM: Pension Board Report for Police and General Employee Pension
' Plans
DATE: October 19, 2004
' SUBMITTED BY: Nelson Van Liere
Pension Plan Administrator
BACKGROUND: Semi-Annually,the Pension Boards are to report to the City
Commission on recent activities. Attached to this report is a
Summary of the Annual Actuarial Reports from Gabriel, Roeder,
Smith& Company for both plans. Also provided is an Investment
Policy Compliance Checklist for each plan prepared by Merrill
Lynch as of September 30, 2004.
' BUDGET: No Impact
' RECOMMENDATION: To accept the Pension Board Reports
ATTACHMENTS: 1. City of Atlantic Beach General Employee Retirement
' System Summary Annual Report
2. City of Atlantic Beach Police Employee Retirement System
Summary Annual Report
' 3. Merrill Lynch June 30, 2004 Investment Policy Checklist-
Police Pension
4. Merrill Lynch June 30,2004 Investment Policy Checklist-
General Pension
REVIEWED BY CITY MANAGER /4342
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ATTACHMENT SA
OCTOBER 25,2004
City of Atlantic Beach General Employee Retirement System
Summary Annual Report
The City of Atlantic Beach General Employee Retirement System is a defined benefit pension plan
administered by a Board of Trustees. It was created by Chapter 99-1, Florida Statutes from City
Ordinance No. 58-75-4 and its amendments. It is intended to comply with Chapter 112,F.S. The plan
year ends on September 30, and records are maintained on a plan year basis.
The Board of Trustees is the Retirement System Administrator. The following individuals are
members of the Board of Trustees:
' Timothy Townsend Chair
J. Tom Wells Chair Pro-Tern
Tony F. Downing Secretary
' Harry E.McNally Member
Anne E. Minor Member
The Board of Trustees is the agent for the service of legal process. Their address is:
Atlantic Beach City Hall
1 800 Seminole
Atlantic Beach,Florida 32233
' A description of the benefits of the Retirement System and the sources of funding are attached. Claims
for benefits should be filed with the Board of Trustees at the Human Resources Department. If a claim
' is denied, you will be notified and informed of the procedure to request a hearing before the Board of
Trustees. Claim denials are generally limited to failure to meet the eligibility requirements for a
benefit.
1
As of September 30, 2003 there were 30 retired participants receiving annual benefits of$260,391
' from the Retirement System. Active members totaled 84 with an annual payroll of$2,856,303. There
were also 11 vested terminated members eligible for future benefits.
1
City of Atlantic Beach General Employee Retirement -1-
System
1 ATTACHMENT 5A
OCTOBER 25,2004
The City contributed $315,106 during the 2002-2003 fiscal year. The taxpayer contribution rates for
the fiscal year, expressed as percents of payroll were as follows:
'
Contribution for Percents of
Active Member Payroll
' Normal Cost and Administrative Expenses 9.17%
FS 112.64(5)Compliance 0.10
Unfunded Actuarial Accrued Liabilities 2.54
City Contribution r Rate 11.81%
Employee Contribution Rate 2.00%
Total 13.81%
1 The September 30, 2003 actuarial report indicated that the actuarial accrued liability under
Governmental Accounting Standard No. 25 was 72.7%funded.
Contributions to the System during the year were equal to or greater than the actuarially determined
' amount needed to comply with the provisions of Chapter 112,Florida Statutes.
' The actuary concluded that the contribution requirement is sufficient to meet the system's level
percent-of-payroll funding objective, presuming continued receipt of contribution requirements when
due.
A copy of the annual audit report is available for inspection in the Finance Department.
City of Atlantic Beach General Employee Retirement -2-
System
ATTACHMENT 5A
OCTOBER 25,2004
Summary of Benefit Provisions
' (September 30, 2003)
Normal Retirement (no reduction factor for age):
Eligibility-Age 60 with 5 or more years of service.
Annual Pension-Total eligible City service times 2.85%of final average compensation.
' Total pension cannot exceed 100%of fmal average compensation. The normal form of pension
is payable for life. Optional forms are available on an actuarial equivalent basis.
' Type of Final Average Salary - One-sixtieth (1/60) of the aggregate amount of compensation
paid a member during the period of sixty (60) consecutive months of the member's credited
service in which the aggregate amount of compensation paid is greatest. The sixty(60)months
of credited service must be contained within the member's last one hundred twenty (120)
months of credited service. If a member has less than sixty (60) months of credited service,
' final average compensation means the aggregate amount of compensation paid the member
divided by the member's months of credited service.
' Early Retirement:
Eligibility—Age 55 with 5 or more years of service.
Annual Pension - Computed as a normal retirement pension with an actuarially equivalent
reduction per year by which the member's age at retirement precedes the member's age 60.
' DROP(Deferred Retirement Option Plan):
Eligibility—Age 55 with 5 or more years of service.
' - Members may continue employment for a maximum of 5 years.
- Member contributions cease.
- Actuarial equivalent reduction for entering the DROP prior to age 60.
- DROP accounts will be self directed for investment purposes.
- DROP members are not eligible for a Pension Plan death or disability benefits.
Deferred Retirement(vested benefit):
Eligibility - 5 or more years of service. Pension begins at normal retirement eligibility.
' Annual Pension - Computed as a normal retirement pension but based upon service and final
average salary at time of termination of employment.
Disability Retirement:
Eligibility- 5 or more continuous years of service.
' Annual Pension -Computed as a normal retirement pension.
Death Before Retirement:
Eligibility- 5 or more years of service.
Annual Pension -Computed as a normal retirement pension.
f'in,nf4tlnntir Ronrh Ganarnl Fmnln„oa Roliromam Pnerom _'y_
ATTACHMENT SA
OCTOBER 25,2004
Member Contributions:
2.0%of salary
' If you terminate employment and receive a refund of your own contributions, you forfeit any
rights to future benefits from the Retirement System. The taxable portion (money contributed
on a pre-tax basis) of any refund you receive is subject to an automatic 20% withholding for
' federal income tax purposes, and a possible 10% excise tax. These taxes can be avoided,
however, if you roll the taxable portion over to an Individual Retirement Account (IRA) or
another qualified employer plan. This rollover will result in no tax being due until you begin
' withdrawing funds from the IRA or other qualified employer plan. The rollover of the
distribution, however, MUST be made directly by the Plan to your chosen IRA or other
qualified employer plan.
City Contributions: Actuarially determined amounts which are sufficient to cover the
requirements of the funding objective.
Overall Contributions: Following are the overall contribution rates for 2002,2003 and 2004:
' Effective City Employee Total
10/01/2002 11.81% 2.00% 13.81%
' 10/01/2003 12.72% 2.00% 14.72%
10/01/2004 15.02% 2.00% 17.02%
Forfeiture of Retirement Benefits: Retirement benefits granted by the Retirement System
are subject to forfeiture if an employee is convicted of an offense specified in Section
112.3173,Florida Statutes,pursuant to the procedures set forth in the cited statute.
Claims Procedure: Claims for benefits should be filed with the Board of Trustees at the
Human Resources Department. If a claim is denied, you will be notified and informed of the
procedure to request a hearing before the Board of Trustees.
The preceding summary briefly describes the principal benefits of the Retirement System. Said
summary is not binding and should not be relied upon in any action concerning your
participation in the System or benefit thereunder. Detailed benefit conditions and limitations are
contained in the Pension Ordinance which established the System. Interpretations of the
Ordinance are made by the Board of Trustees.The Ordinance and Board interpretations govern
the operation of the System and should be consulted before you take any action concerning
your participation or benefits. Copies are available at the Human Resources Department.
' Pin,nid N..ntir Ronrh r:onornl Fmn(mraa Raiiramont Qvemm .-
I ATTACHMENT 5A
OCTOBER 25,2004
Accounting Information Submitted for Valuation
I
Revenues and Expenditures
ISeptember 30, 2003 September 30, 2002
I Revenues:
a. Member Contributions $ 59,712 $ 57,505
b. City Contribution 315,106 288,070
Total Contributions 374,818 345,575
c. Investment income:
1. Interest and Dividends - 5,838 15,076
I
2. Gain(loss) on investments 531,784 (310,243)
3. Investment expenses (42,525) (49,615)
Total Investment Income 495,097 (344,782)
I
d. Total revenues 869,915 793
IExpenditures:
a. Refunds of member contributions 7,511 14,720
I
b. Benefit payments 264,634 254,472
c. Administrative expenses 0 0
' d. Total expenditures $ 272,145 $ 269,192
Net Income:
ITotal revenues minus total expenditures $ 597,770 $(268,399)
ISummary of Assets (Market Value)
September 30, 2003 September 30, 2002
Cash and equivalents $ 19,519 $ 16,140
Receivables none none
IShort term investment funds 26,701 2,381
U.S. Government Securities none none
-Bonds government none none
' corporate none none
mutual fund 2,344,866 2,210,808
I Stocks common none none
preferred none none
mutual fund 3,067,773 2,627,942
IPayables (12,036) (8,218)
Total assets $ 5,446,823 $ 4,849,053
I
' r:n,nr At/nntir Ranch fonoral Fmnlnnao Ratinatnant Qovtom _ -
ATTACHMENT 5A
OCTOBER 25,2004
City of Atlantic Beach Police Officers' Retirement System
Summary Annual Report
' The City of Atlantic Beach Police Officers' Retirement System is a defined benefit pension plan
administered by a Board of Trustees. It was created by Chapter 99-1, Florida Statutes from City
Ordinance No. 58-75-4 and its amendments. It is intended to comply with Chapters 112 and 185, F.S.
The plan year ends on September 30, and records are maintained on a plan year basis.
' The Board of Trustees is the Retirement System Administrator. The following individuals are
members of the Board of Trustees:
' Henry Bartle Chair
B. Dale Hatfield Chair Pro-Tern
' Tony F. Downing Secretary
Harry E. McNally Member
Richard T.Downes Member
' The Board of Trustees is the agent for the service of legal process. Their address is:
Atlantic Beach City Hall
' 800 Seminole
Atlantic Beach,Florida 32233
' A description of the benefits of the Retirement System and the sources of funding are attached. Claims
for benefits should be filed with the Board of Trustees at the Human Resources Department. If a claim
' is denied, you will be notified and informed of the procedure to request a hearing before the Board of
Trustees. Claim denials are generally limited to failure to meet the eligibility requirements for a
benefit.
1
As of September 30, 2003 there were 11 retired participants receiving annual benefits of$235,310
' from the Retirement System. Active members totaled 22 with an annual payroll of $1,129,034.
There were also 4 vested terminated members eligible for future benefits.
1
' City of Atlantic Beach Police Officers'Retirement System -I-
' ATTACHMENT SA
OCTOBER 25,2004
' The City contributed $155,752 and $88,641 was received under the provisions of Chapter 185, F.S.,
during the 2002-2003 fiscal year. The additional premium tax revenue under Chapter 99-1, Laws of
Florida, as of September 30, 2003 was $33,782. The taxpayer contribution rates for the fiscal year,
expressed as percents of payroll were as follows:
'
Contribution for Percents of
Active Member Payroll
Normal Cost and Administrative Expenses 14.81%
Temporary MI funding credit 0.26
' Unfunded Actuarial Accrued Liabilities 2.98
' Total 18.05%
The September 30, 2003 actuarial report indicated that the actuarial accrued liability under
Governmental Accounting Standard No. 25 was 73.1%funded.
Contributions to the System during the year were equal to or greater than the actuarially determined
amount needed to comply with the provisions of Chapter 112, Florida Statutes.
The actuary concluded that the contribution requirement is sufficient to meet the system's level
percent-of-payroll funding objective, presuming continued receipt of contribution requirements when
due.
' A copy of the annual audit report is available for inspection in the Human Resources Department.
1
' Board of Trustees
1
1
1
t
City of Atlantic Beach Police Officers'Retirement System -2-
1
ATTACHMENT 5A
Summary of Benefit Provisions OCTOBER 25,2004
' (September 30, 2003)
Normal Retirement(No reduction factor for age):
Eligibility
Any age with 25 years of service or age 50 with 20 or more years of service or age 60 with
5 or more years of service.
Annual Pension
Total service times 3.00%of final average salary.
Total pension cannot exceed 100% of final average compensation. The normal form of
pension is payable for life. Optional forms are available on an actuarial equivalent basis.
' Type of Final Average Salary
One-sixtieth (1/60) of the aggregate amount of compensation paid a member during the
period of sixty(60)months of the member's credited service in which the aggregate amount
' of compensation paid is greatest. The sixty (60) months of credited service must be
contained within the member's last one hundred twenty(120) months of credited service. If
a member has less than sixty (60) months of credited service, final average compensation
' means the aggregate amount of compensation paid the member divided by the member's
months of credited service.
Early Retirement:
Eligibility-Age 50 with 5 or more years of service.
Annual Pension — Computed as a normal retirement pension with an actuarially equivalent
reduction per year by which the member's age at retirement precedes the member's normal
retirement age.
' DROP(Deferred Retirement Option Plan):
Eligibility-Age 55 with 5 or more years of service.
' —Members may continue employment for a maximum of 5 years.
—Member contributions cease.
—Actuarial equivalent reduction for entering the DROP prior to normal retirement age.
—DROP accounts will be self directed for investment purposes.
—DROP members are not eligible for death or disability benefits.
Deferred Retirement(Vested Benefit):
Eligibility- 5 or more years of service. Pension begins at normal retirement eligibility.
Annual Pension - Computed as a normal retirement pension but based upon service and final
average salary at time of termination of employment.
' Disability Retirement:
' Eligibility - 5 or more continuous years of service. Service requirement waived for member if
disability is incurred in the line of duty.
Annual Pension - Computed as a normal retirement pension. Minimum benefit is 42% of
' final average salary for members if disability is incurred in the line of duty.
r:n,nferm„r;o ao„oa v,✓:,.o nrroor.• aoeromont c,,.rom -z-
ATTACHMENT SA
■ Death Before Retirement: OCTOBER 25,2004
Eligibility- 5 or more years of service.
Annual Pension - Computed as a normal retirement pension.
Member Contributions:
Police Bargaining Unit: 1.000%of salary
Police- Other: 4.815%of salary
' If you terminate employment and receive a refund of your own contributions, you forfeit any
rights to future benefits from the Retirement System. The taxable portion (money contributed
on a pre-tax basis) of any refund you receive is subject to an automatic 20% withholding for
' federal income tax purposes, and a possible 10% excise tax. These taxes can be avoided,
however, if you roll the taxable portion over to an Individual Retirement Account ( IRA) of
another qualified employer plan. This rollover will result in no tax being
' due until you begin withdrawing funds from the IRA of other qualified employer plan. The
rollover of the distribution, however, MUST be made directly by the Plan to your chosen IRA
or other qualified employer plan.
' Premium Tax Monies: A distribution of casualty insurance premium tax monies collected by
the State pursuant to Chapter 185 Florida Statutes.
City Contributions: Actuarially determined amounts which together with Chapter 185
monies are sufficient to cover the requirements of the funding objective.
Overall Contributions: Following are the overall contribution rates for 2002, 2003 and 2004:
Union *
' Effective City Sec 185 Employee Total
10/01/2002 12.44% 5.61% 1.00% 19.96%*
' 10/01/2003 13.31% 5.43% 1.00% 20.65%*
10/01/2004 17.05% 7.26% 1.00% 26.33%*
' * Totals also include the non-union employee contribution rate of 4.815%.
Forfeiture of Retirement Benefits: Retirement benefits granted by the Retirement System
' are subject to forfeiture if an employee is convicted of an offense specified in Sections
112.3173 and 185.185, Florida Statutes,pursuant to procedures set forth in the cited statutes.
' CLAIMS PROCEDURE: Claims for benefits should be filed with the Board of Trustees at the
Human Resources Department. If a claim is denied, you will be notified and informed of the
procedure to request a hearing before the Board of Trustees.
The preceding summary briefly describes the principal benefits of the Retirement System. Said
summary is not binding and should not be relied upon in any action concerning your
' participation in the System of benefit thereunder. Detailed benefit conditions and limitations
are contained in the Pension Ordinance which established the System. Interpretations of the
Ordinance are made by the Board of Trustees. The Ordinance and Board interpretations
' govern the operation of the System and should not be consulted before you take any action
concerning your participation or benefits. Copies are available at the Human Resources
Department.
' rfro of 4t)nnnr nonrh Pnhro()Moore' NaHromont Qvcmm _d_
I ATTACHMENT SA
OCTOBER 25,2004
Accounting Information Submitted for Valuation
IRevenues and Expenditures
September 30, 2003 September 30, 2002
IRevenues:
a. Member Contributions $ 24,283 $ 24,076
Ib. Cay Contribution 155,752 154,523
c. Premium taxes from State 88,641 85,719
I Total Contributions 268,676 264,318
d. Investment income
1. Interest and dividends 2,732 7,271
I2. Gain (loss) on investments 377,307 (227,068)
3. Investment expenses (34,705) (39,982)
ITotal Investment Income 345,334 (259,779)
e. Total revenues 614,010 4,539
I Expenditures:
a. Refunds of member contrthutions 551 2,581
b. Benefit payments 220,258 205,164
I
c. Administrative expenses 0 0
d. Total expenditures $ 220,809 $ 207,745
Net Income:
Total revenues minus total expenditures $ 393,201 $ (203,206)
Summary of Assets (Market Value)
ISeptember 30, 2003 September 30, 2002
Cash and equivalents $ 22,389 $ -
IReceivables none none
Short term investment funds 100 2,557
IU.S. government securities none none
Bonds government none none
corporate none none
mutual fund 1,785,672 1,708,037
Stocks common none none
I preferred none none
mutual fund none
1,911,063
Payables (8,611) (10,623)
Total assets $ 4,004,235 $ 3,611,034
I
' Piro nI4tinntir Ronrh Pnliro fR;rare' Patiromont.Vu tam _C
I ATTACHMENT 5A
OCTOBER 25,2004
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I
ATTACHMENT 7A
OCTOBER 25,2004
ORDINANCE NO. 20-04-67
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
' ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2004 AND ENDING SEPTEMBER 30,2005.
•
' WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission
approve all budgetary increases and transfers at the fund level, and
WHEREAS,the City had budgeted funds for the construction of a skateboard park in the 2003-
2004 fiscal year budget, and
WHEREAS,the City of Atlantic Beach did not award a contract for the construction before the
end of the year making it necessary to re-budget the funds in the current year, and
' WHEREAS,also addressed in this budget modification is the supplemental funding for donated
finds from the Rotary Club fundraiser and from the City of Jacksonville, and
' WHEREAS,the City has identified excess fund balance in both the Convention Development
Tax Fund and the General Fund that may be used to begin the project and fund the project until such
time as the pledged donations and contributions are received.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that;
I1. The Fiscal Year 2004/2005 Final Budget be amended as follows:
I Convention Development Tax Fund
Revenues:
Donations from Rotary Club 65,000
' Contributions from City of Jacksonville 35 000
Total Revenues: $100,000
Expenses:
' Parks and Recreation
Capital Outlay—Improvements $174,250
Change in Fund Balance: <$74,250>
2. This ordinance shall take effect immediately upon its adoption.
IPassed by the City Commission on first reading this I I+kday of October 2004.
Passed by the City Commission on second and final reading this day of October 2004
John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire Donna Bussey
City Attorney City Clerk
ATTACHMENT 7A
OCTOBER 25,2004
1
' CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-04-67 AMENDING THE OPERATING
' BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2004 AND ENDING SEPTEMBER 30,2005.
1 SUBMITTED BY: Nelson Van Liere
Finance Director
1 DATE: October 5,2004
' BACKGROUND: In the 2003-2004 fiscal year budget, the City funded the
construction of a skateboard park using a combination of City
funds, donations and contributions. Due to project delays,the
contract for the construction was not awarded before September
30, 2004 as was anticipated when preparing the 2005 budget. As a
result it becomes necessary to re-budget those funds by adding
- them to the 2005 budget. This ordinance will amend the 2005
budget recently adopted to include the funding for the construction
tof the park.
BUDGET: The total decrease in fund balance for the Convention
' Development Tax Fund will be $74,250 as originally planned. No
additional funding is included in this ordinance.
' RECOMMENDATION: Approve Ordinance No. 20-04-67
ATTACHMENTS: Ordinance No. 20-04-67
REVIEWED BY CITY MANAGER:
I
1
ATTACHMENT 7B
OCTOBER 25,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
1
AGENDA ITEM: ORDINANCE NO. 20-04-68 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2003 AND ENDING SEPTEMBER 30,2004.
SUBMITTED BY: Nelson Van Liere
Finance Director
1 DATE: October 18, 2004
' BACKGROUND: At the close of each fiscal year, the city will make minor
adjustments to budgetary accounts to fund small variances. The
ordinance proposed accomplishes the following:
' Police Pension Fund- Revenue budget is increased to account for
the$25,190 of Casualty Insurance Premium funds received in
' excess of budget. The expenditure budget is being increased to
fund the final professional services expenditures of the year related
to investment management fees, actuarial and legal fees.
' 1996 Utility Revenue Bond Construction Fund—This budget is
' being increased to allow the City to charge capital expenditures
that were originally budgeted in the Water and Sewer Utility funds
to the Bond Construction Fund so that we may close the fund
' before year-end. This was already anticipated in the preparation of
the fiscal year 05 Operating Budget.
' Debt Service Fund—The budget is being increased by $6 for
higher than expected interest expense.
' Half Cent Sales Tax Fund—This budget modification transfers
the$5,000 previously received into this fund from a donation for
the Skateboard Park to the Convention Development Tax Fund
' where the project has now been budgeted.
Byrne Grant Fund—The budget is being modified to allow the
' transfer of excess matching funds to be returned to the General
fund.
' Local Law Enforcement Block Grant Fund—To create a budget
for interest earned.
ATTACHMENT 7B
OCTOBER 25,2004
1
Sanitation Fund—To increase the contract services budget for the
pick-up and hauling of waste that is in excess of the budgeted
estimate.
' General Fund—To create a budget for the return of the Byrne
Grant matching funds not needed.
' BUDGET: Miscellaneous adjustments to the fiscal year 2004 Operating
Budget
' RECOMMENDATION: Approve Ordinance No. 20-04-68
' ATTACHMENTS: Ordinance No. 20-04-68
REVIEWED BY CITY MANAGER:
1
ATTACHMENT 7B
OCTOBER 25,2004
' ORDINANCE NO. 20-04-68
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
' WHEREAS, it is necessary for the City to make final modifications to the budget within
a short period of time after fiscal year end to adjust for small variances arising in the final period
of the year.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that;
1. The Fiscal Year 2003/2004 Final Budget be amended as follows:
' Police Pension Fund
Revenues:
' Casualty Insurance Premium Tax 185 $25,190
Expenses:
Operating Expenses
Professional Services $20,000
Change in Fund Balance: $5,190
1996 Utility Revenue Bond Construction Fund
Expenses:
Capital Outlay:
Infrastructure Improvements $242,430
Change in Fund Balance: <$242,430>
' Debt Service Fund
Expenses: •
' Debt Service—Interest Expense $6
Change in Fund Balance: <$6>
Half-Cent Sales Tax Fund
' Expenses:
Transfer to Convention development Tax Fund $5,000
' Change in Fund Balance: <$5,000>
I ATTACHMENT 7B
OCTOBER 25,2004
I
I Convention Development Tax Fund
Revenues:
Transfer from Half-Cent Sales Tax Fund $5,000
IChange in Fund Balance: $5,000
Police Grant Fund-Byrne Grant
Expenses:
ITransfer to General Fund $103
Change in Fund Balance: <$103>
I
Police Grant Fund-Local Law Enforcement Block Grant
I
Revenue:
Interest Earned $108
IChange in Fund Balance: $108
ISanitation Fund
Expenses:
IOperating Expenses-Contract Hauling $30,000
Change in Fund Balance: <$30,000>
General Fund
I Revenues:
Transfer from Police Grant Fund-Byrne Grant $103
' Change in Fund Balance: $103
I2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of October 2004.
IPassed by the City Commission on second and final reading this_day of November 2004
IJohn S. Meserve
Mayor/Presiding Officer
IApproved as to form and correctness: ATTEST:
' Alan C. Jensen, Esquire Donna Bussey
City Attorney City Clerk
ATTACHMENT 8A
OCTOBER 25,2004
I
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
' AGENDA ITEM: Request from Won Yoo Chun for a waiver from the sign regulations
to allow for the complete face replacement on an existing
' nonconforming sign located at 1480 Mayport Road (former Exxon
station and convenience store)
' SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
' DATE: October 12,2004
BACKGROUND: The Exxon station and convenience store, located on the west side of
' Mayport Road south of Levy Road, is being convened to a Valero station and food mart. The
new owner wishes to re-use the existing 25-foot tall, 104 square foot Exxon sign structure and
completely replace the face of the sign with the new Valero logo and fuel pricing signs.
Section 17-51 (3) iv. of the Sign regulations requires that non-conforming signs be brought into
compliance with the current regulations when the alteration to a sign involves: Any change,
' which alters the material used for the Display Area or Face Area by more than twenty-five (25)
percent. The current sign regulations would permit a 96 square foot sign not to exceed eight
feet in height.
' A similar request submitted for the new BP station and food mart (the former Amoco station)
located at northeast corner of Mayport Road and Plaza was denied by the City Commission last
October.
BUDGET: No budget issues.
' RECOMMENDATION: Consider a Waiver from the Sign regulations to allow for the full
replacement of the material used for the sign face on an existing Nonconforming Sign.
ATTACHMENTS: Application and supporting materials.
' REVIEWED BY CITY MANAGER:
October 25,2004 regular meeting
ATTACHMENT 8A
OCTOBER 25,2004
APPLICATION FOR WAIVER FROM
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
' Phone: (904)247-5800 • FAX (904)247-5805 • http:/iwww.coab.us
Applications requesting that certain provisions of the sign regulations be waived may be made to the City
Commission in accordance with the following section of the Code of Ordinances for the City of Atlantic
Beach.
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Sec. 17-52. Requests to waive certain terms of this Chapter.
Requests to waive terms of this Chapter may be made upon specific application to the City Commission, with proper
public notice required, provided that no waiver shall be requested that would allow a Prohibited Sign, or any
otherwise unlawful Sign. The applicant requesting such waiver shall have the burden of demonstrating the need for
I the requested waiver, and that the waiver is not in conflict with the Intent of this Chapter. The terms of any waiver to
the provisions of this Chapter din II be established by order of the City Commission.
DATE 47- //- C 'i n///���
PROPERTY LOC�A�//TION /Yee irt7/?ale/ �D ZONING DISTRICT ( /
APPLICANT 1-4 Ai /
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1 TYPE OF-SIGN AND METHOD OF CONSTRUCTION (Provide requested height, dimensions, size, materials,
illumination,and any other information needed to fully describe the type of sign(s)proposed.
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authorizing is advised that any approval authorng a waiver from the City of Atlantic Beach sign regulations
does not constitute approval for the issuance of a Building Permit. A Building Permit for Sign(s), demonstrating
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compliance with Section 3108,Florida Building Code,along with required fees is required.
PLEASE PROVIDE ONE SIGNED ORIGINAL OF THIS APPLICATION ALONG WITH THE FOLLOWING REQUIRED
IINFORMATION. IF COLOR MATERIALS OR DRAWINGS LARGER THAN 11 BY 17 INCHES ARE SUBMITTED
WITH THIS REQUEST,PLEASE SUBMIT EIGHT(8)COPIES OF THESE ATTACHMENTS.
' I. For all Freestanding Signs,include survey or site plan showing location of proposed sign(s),and all dimensions including
height and distance from property lines or right-of-ways. For Wall, Fascia and other types of Signs,include elevation
drawing showing location in relation to adjacent signs,mounting detail and type of illumination,if any.
2. Provide linear frontage of office,business or storefront,or entire building,as appropriate.
' 3. Statement demonstrating the need for the requested waiver,and that the waiver is not in conflict with the Intent of the
City's sign regulations.
4. Provide completed owner's authorization form if applicant is other than property owner.
I HEREBY CERTIFY THAT - f INFORMA Y s N PROVIDED WITH THIS APPLICATION IS CORRECT.
SIGNATURE - moi- ! PRINT NAME fisw elrad - Gi JC4..
ADDRESS AND ONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION (PLEASE PRINT)
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OCTOBER 25,2004
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1 ATTACHMENT 8A
OCTOBER 25,2004
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ATTACHMENT 8A
/3 OCTOBER 25,2004
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ATTACHMENT 8B
OCTOBER 25,2004
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Revision of St. Johns River Water Management District
Rule 40C-2
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: October 14, 2004
' BACKGROUND: The St. Johns River Water Management District (SJRWMD) is proposing
' a change to Rule 40C-2, which includes water conservation requirements.
Basically, this rule change will do the following:
• Limit all landscape irrigation(commercial and residential)to 2 days per week,and not
between LOAM and 4 PM on those days.
• The 2-day per week and hour restrictions on irrigation will apply to persons with private
wells (shallow or otherwise) in addition to those using City water
• Also included in the 2-day rule would be persons or businesses using reclaimed water,which
' is not applicable to us presently, but may be in the future
• The rule states that local government MAY enforce these rules by adopting an ordinance, and
if so, the required days for irrigation will be: Odd addresses irrigate on Wednesday and
Saturday, even addresses on Thursday and Sunday. The reason for the designated days is to
make enforcement easier.
Staff has discussed the proposed rule with Al Canepa of the SJRWMD to inquire about the
purpose of the rule. Mr. Canepa stated the purpose is to promote efficient use of water
' resources, and that research has shown two days per week is sufficient for landscape irrigation.
Mr. Canepa noted the initial focus of the SJRWMD will be education, to explain the purpose of
the new rule and encourage compliance, however, it will be an enforceable rule.
There will be a public workshop on the rule at Jacksonville City Hall, in the Council Chambers at
5:00 PM on October 28.
BUDGET: No budgetary impact at this time. Staff report is for information only.
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ATTACHMENT 8B
OCTOBER 25,2004
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RECOMMENDATION: The City Commission has several options regarding their response to
the proposed rule, including:
•No Action
•If the City Commission disagrees with the proposed rule, they could pass a resolution in
opposition, stating reasons
•If the City Commission supports the proposed rule, they could pass a resolution in support of the
rule
•If the City Commission supports the rule, they could pass an ordinance as noted above which
would allow the City to enforce the rule
ATTACHMENTS: A copy of the rule is available from the City Clerk, or it can be found online
under www.sirwmd.corn. Click on Water Restrictions/Conservation and then on Proposed Rule.
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REVIEWED BY CITY MANAGER:
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ATTACHMENT 8 C&D
OCTOBER 25,2004
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CITY OF ATLANTIC BEACH
' CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Selection of bond counsel and underwriters for the purpose of
refunding the Utility Revenue Bonds, Series 1996.
tDATE: October 18, 2004
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: In April of this year,the City selected Dunlap and Associates as
our Financial Advisor to assist us in the refunding of the 1996
Utility Revenue Bonds. At that time,the market declined and we
made the decision to postpone the process until the market
indicated better savings. Once again the market conditions have
made the prospect of refunding the City's Bonds an attractive one.
' The Government Finance Officer's Association recommends that a
refinancing is worthwhile when at least a 3% savings can be
achieved. Figures run recently by our Financial Advisors, Dunlap
and Associates,revealed that a net present value savings of greater
than 6%could be attained. •
' Dunlap and Associates issued requests for proposals for both
underwriting services and for bond counsel as directed. Those
proposals were received and have been evaluated by them.
' Attached to this report is the ranking indicating the top choices for
each service. All of the proposers are qualified to perform the
services and therefore,price is the most important element to base
the decision on.
Bond Counsel
' The ranking of bond counsel proposals indicates that Livermore,
Freeman&McWilliams,P.A. and Akerman, Senterfitt both have
the same price of$20,000. Based on the extensive references of
Livermore, Freemen&McWilliams in the local area, including
Jacksonville,Jacksonville Beach, and Neptune Beach,we have
selected them to represent the City of Atlantic Beach.
Underwriter Services
For Underwriter Services,the City will need a senior manager and
' co-manager firm. Based on the proposals,the top two choices are
A.G. Edwards at$3.87 per 1,000 of bonds and J.P. Morgan at
$3.92. A.G. Edwards is chosen as senior manager and J. P.
' Morgan as co-manager in accordance with the proposals
1 ATTACHMENT 8 C&D
OCTOBER 25,2004
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submitted. J.P. Morgan as co-manager on the issue will use the
1 underwriter's discount of$3.87 offered by A.G. Edwards. Both
firms provide excellent references.
1 The selection of these firms will start the process of preparing all
the necessary documentation needed to refund the bonds. The
quoted prices do not include out-of-pocket expenses and assume
1 that the process will proceed without any abnormal issues. The
fees are all contingent on the sale of the bonds except for the out-
of-pocket costs.
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RECOMMENDATION: To authorize the City Manager to hire Livermore, Freeman
and McWilliams for bond counsel; and,
To authorize the City Manager to hire A.G. Edwards as
1 senior manager and J.P. Morgan as Co-manager for
underwriting services for the proposed issuance of the
Refunding Utility Revenue Bonds, Series1996 at an
1 underwriter's discount consistent with the proposals
received.
ATTACHMENTS: 1.) Summary of Underwriter/Bond Counsel Proposals
2.) Agreement with Livermore, Freeman and
McWilliams for bond counsel.
3.) Dunlap and Associate memorandum with schedules
showing net present value savings.
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i ATTACHMENT 8 C &D
ffff `�l e.J4�j laL vires OCTOBER 25,2004
rwnwuvw"&sAce‘s4
October 15, 2004
Mr. Nelson Van Liere
Director of Finance
CITY OF ATLANTIC BEACH
800 Seminole Road
Atlantic Beach, FL 32233-5445
' Re: City of Atlantic Beach, Florida
Summary of Underwriter/Bond Counsel Proposals
Dear Mr.Van Liere:
1 Attached please find summaries of ten (10) underwriter and five (5) bond counsel proposals which were
submitted to the City on October 12, 2004. We have ranked each firm based on total gross spread and
fees, respectively. Each firm is qualified to undertake the assignment proposed by the City.
Once the City has selected the underwriter and bond counsel firms, we, as financial advisor, will assure
' the City that the present value savings are maximized.
If you have any questions or require additional information, please do not hesitate to contact us.
Sincerely,
ylvi ,.��e
' Senior le President 2
' SSD/sjm
Enclosure
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ATTACHMENT 8 C&D
OCTOBER 25,2004
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CITY OF ATLANTIC BEACH, FLORIDA
Summary of Bond Counsel/Disclosure Counsel Proposals
Disclosure
' Bond Counsel Counsel Total
Livermore, Freeman, McWilliams $20,000 Incl. $20,000
' Akerman, Senterfitt $20,000 Incl. $20,000
Bryant Miller& Olive $25,000 $10,000 $35,000
' Greenberg Traurig $35,000 Incl. $35,000
Squire Sanders $30,000 $20,000 $50,000
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I ATTACHMENT 8 C&D
OCTOBER 25,2004
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CITY OF ATLANTIC BEACH, FLORIDA
ISummary of Underwriter Proposals
' Mgmt Fee ATD ET Total PV Savings
I A.G. Edwards -0- $3.50 $.37 $3.87 $1,143,591
(5.81%)
I JP Morgan -0- $3.23 $.69 $3.92 $831,000
(4.46%)
to
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SI.OSM
•
5.62%)
Raymond James -0- $3.49 $.54 $4.03 $766,000
' (4.12%)
to
$1,052,000
(5.56%)
IRBC Dain Rauscher -0- $4.34 $.20 $4.54 $876,931
(Hough) (4.92%)
ISunTrust -0- $4.15 $.50 $4.65 $798,000
(4.3%)
I First Southwest -0- $4.17 $.49 $4.66 $1,150,958
(5.84%)
I Bank of America -0- $4.38 $.42 $4.80 $782,000
(3.97%)
$780,000
(4.19%)
IUBS PaineWebber -0- $4.53 $.66 $5.19 $597,000-
714,000
' Loop Capital -0- $4.50 $1.77 $6.27 $1,033,000
(5.55%)
I Jackson Securities $.50 $4.54 $1.44 $6.48 $868,380
(4.66%)
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ATTACHMENT 8 C&D
iii OCTOBER 25,2004
7. Provide a copy of the written contract which you propose to be executed by the
City and your firm.
Response to Item 7.
City of Atlantic Beach, Florida
' c/o Mr. Nelson Van Liere, Director of Finance
800 Seminole Road
Atlantic Beach, Florida 32233-5445 DRAFT
' Re: Bond Counsel Contract „f1�
' Dear Mr. Van Liere:
Our firm is very pleased to have been selected to serve the City of Atlantic
' Beach, Florida (the "City"), as bond counsel in connection with the proposed refunding
of the City's outstanding Utility System Revenue Bonds, Series 1996. We look forward
to working with you, the City Attorney and other City staff. The following constitutes
our proposed agreement to serve as bond counsel to the City.
We propose that our services as bond counsel include the following:
' 1. Preparation of all ordinances, resolutions and other basic agreements and
documents which underly the proposed financing, including advice regarding escrow
structuring for the refunding.
2. If the bonds are validated, preparation of validation pleadings, research with
respect to the pertinent legal issues, advice and consultation with respect to the
validation hearing and participation in the validation hearing at the trial court level to
the extent requested by the City Attorney.
' 3. Services in connection with the sale of the bonds, including preparation of
the resolution authorizing the sale of the bonds; preparation of a preliminary official
statement, the notice of sale and bid forms (if the bonds are sold at public sale); review
' of the bond purchase contract (if the bonds are sold at negotiated sale to an
investment banker); and examination of bond proofs, if printed bonds are utilized.
' 4. Preparation of the final official statement and all necessary closing
documents used in connection with the delivery of the bonds.
' 5. Issuance of our opinion with respect to the validity of the bonds and
exemption of interest thereon from federal income taxation, including review and
analysis of all information necessary in order to deliver such an opinion.
6. Attendance at the bond closing and, as necessary, planning, document
drafting and negotiating sessions.
7. Additional services requested by City staff.
1646-Atlantic-Beach-RFP-Body 9
ATTACHMENT 8 C&D
OCTOBER 25,2004
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We propose that our fee as bond counsel (excluding out-of-pocket expenses) be
$20,000.00. Payment of the fee is contingent upon the successful closing of the bond
issue. In the event that the bond issue does not close, we would expect reimbursement
of our out-of-pocket expenses only. The quoted fee does not include any appellate
work before the Florida Supreme Court, since the need rarely arises. A separate fee
for such service would be negotiated, if necessary.
' This agreement, if accepted by the City, may be terminated by the City or this
firm upon 30 days written notice by the applicable party.
' If this agreement is acceptable to the City, please have it executed and a copy
returned to us in the space below.
' This agreement may be executed in several counterparts, and each counterpart
shall for all purposes be. deemed an original; and all such counterparts shall
constitute one and the same instrument.
' Yours very truly,
John L. McWilliams, III
' JLMOW,111/v§
Accepted October_, 2004, by the City.
' Mayor
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1646-Atlantic-Beach-RFP-Body 10
I ATTACHMENT 9 C &D
OCTOBER 25,2004
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Memorandum
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Date: October 18, 2004
To: Mr. Nelson Van Liere
Director of Finance
' From: Ms.Sylvia Seaton-Dunlap
Dunlap&Associates, Inc.
' Subject: Advance Refunding of a Pro Rata Portion of the Utilities System Bonds, Series 1996
I Following the submission of underwriter proposals, we have updated the refunding analysis which shows
the following:
_Par Amount of Issue $19,395,000
Maximum Annual Debt Service $1,455,177
IAverage Annual Debt Service $1,399,780
Average Life 12.7 years
True Interest Cost 4.012%
Total Savings $1,739,604
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Net Present Value Savings $1,187,636
' Net Present Value Savings as a % of refunded bonds 6.67%
Annual Debt Service Savings $71,388 to$85,479
I As you will note on page 1 of the enclosed analysis, the bonds will pay for all of the costs of issuance
detailed on page 2 as well as underwriter's discount and the bond insurance cost.
ISSD/sjm
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ATTACHMENT SE
OCTOBER 25,2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
' AGENDA ITEM: Security Improvements for Fiscal Year 2005
SUBMITTED BY: David Thompson, Public Safety Director
' Donna Kaluzniak, Utility Director
DATE: October 15,2004
BACKGROUND: Funds were budgeted this fiscal year for additional security
upgrades city-wide. After analysis, staff determined that the highest priority for security
' funding was the remaining utility plants that were not included in the FY 2004 project.
In addition, enough funds are available to add some security measures at the Public
Works, Adele Grage Community Center and City Hall.
' During FY04, staff contacted two vendors that have existing government contracts—
W.W. Gay, who has completed security improvements at JEA's facilities among others,
and Access Limited, who has provided security enhancements for several clients
including NAS lax and the Duval County School Board.
' City staff made site visits to both vendors' client facilities,and attended presentations and
in-depth discussions with both vendors. Both contractors received excellent references
from their clients for both the equipment used as well as the service provided.
Staff requested quotes from both vendors based on their contract pricing (JEA's contract
with W.W. Gay, and GSA pricing from Access Limited)to provide automated gates with
' computerized access control and recording for all of the water and sewer plants and
Public Works, and automated door locks for Adele Grage Community Center. The
automated system would require each employee or authorized entrant to carry a"smart-
card,"a proximity card that would allow access. Computerized information on
identification,time and date of entries will be recorded.
t Staff also ensured that the systems were expandable. Other security functions and
locations can be added in the future,to include perimeter beams, motion detectors,
cameras, individual door locks,etc. These may be added to other City buildings as
determined necessary and as funds become available.
The vendors' costs were very close, with Access Limited being slightly less:
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I ATTACHMENT 8E
OCTOBER 25,2004
Location Address Item Access Limited W.W. Gay
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City Hall 800 Seminole Road Head End and Badging System $15,207.43 $8,738.00
Water Plant 1 469 11th St. Automatic Gate $26,995.34 $36,443.96
Water Plant 2 2301 Mayport Road Automatic Gate $26,899.34 $26,684.24
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Water Plant 3 902 Assisi Lane Automatic Gate $26,899.34 $25,910.16
Water Plant 4 2848 Mayport Road Automatic Gate $26,899.34 $25,910.16
Wastewater Plant 1 1100 Sandpiper Lane 2 Automatic Gates $40,120.19 $39,692.53
I Wastewater Plant 2739 Renault Automatic Gate $26,899.34 $24,965.25
Public Works 1200 Sandpiper Lane Automatic Gate $31,143.43 $26,998.24
Adele Grage 716 Ocean Blvd. Automatic Door Locks $8,203.29 $12,453.72
I "'City Hall Doors 800 Seminole Road Automatic Door Locks $16,000.00 $16,012
*Installation of Conduit from Building to
Gates $0 $16,300.00
I Total $245,267.04 $260,108.26
*Installation of conduit is included in Access Limited's quote at a cost of$16,300.
Would have to be added separately to WW Gay's quote.
I **City Hall doors is a preliminary estimate, and may change due to proposed expansion
of City Hall.
-Items in italics have already been awarded to Access Limited.
IIn May, 2004, the City Commission awarded a contract for the Security Improvements at
Water Plant Nos. 1, 2 and 3, plus the head end and badging system at City Hall (the
I central brain of the system) to Access Limited as the first phase of security
improvements, in the amount of$96,001.45. The FY05 budget includes finding for
additional improvements, and staff would like to extend the contract with Access Limited
Ito add the following facilities:
Available funds=$149,269
I Amount using Access Limited Pricing
Water Plant 4 $26,899.34
Wastewater Plant 1 $40,120.19
I Wastewater Plant 2 $26,899.34
Public Works $31,143.43
Adele Grage $8,203.29
I City Hall Doors
Total $16,000.00
$149,265.59
I BUDGET: A total of$145,000 was budgeted for security in the Half-Cent Sales Tax
Fund in account number 131-0000-519-6400, and $4,269 is available in the Water and
Sewer Funds under accounts 410-5508-535-3400 and 400-5502-533-3400 to cover costs
Iof the fiberoptic run from the gates to the buildings at the treatment plants.
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1 ATTACHMENT SE
OCTOBER 25,2004
RECOMMENDATION: Extend the existing contract for Security Improvements to
1 Access Limited, as per their cost proposal dated May 10, 2004,to add the following
areas:
Water Plant 4, Wastewater Plant 1, Wastewater Plant 2, Public Works,Adele Grage and
1 City Hall Security Improvements for a total of$149,266.
ATTACHMENTS: 1. Proposal from Access Li ited available from City Clerk.
REVIEWED BY CITY MANAGER
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