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Agenda Packet 1-23-2006 -v,January 9, 2006 REGULAR COMMISSION MEETING Page 5 Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-188, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION 24-17, DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE. Before opening the floor to the public hearing, Mayor Wolfson explained that there has been a request for staff to delay action on this item. Sonya Doerr, Planning and Zoning Director, explained that City Code and State Law require that any change to land development regulations be brought before the Community Development Board for a recommendation to the Commission, prior to the Commission taking action on it. Mayor Wolfson opened the floor to a public hearing on the item. There were no public comments. The Mayor closed the public hearing. Motion: To defer action on Ordinance No. 90-06-188 until the next Commission meeting following the review, action, and recommendation coming from the Community Development Board. Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 20-06-74, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. City Manager Hanson noted that all of the items in the budget adjustment have been discussed by the Commission previously. He reviewed each of the three items in the ordinance and clarified the specific amounts for each. Motion: To approve Ordinance No. 20-06-74 on first reading. Moved by Simmons, seconded by Waters Commissioner Simmons expressed concern with allocating funds specifically for the ped paths between Oceanwalk Drive South and Oceanforest Drive North. She indicated that this is a low priority area with very little foot, bike, or vehicular traffic and believed there are other areas of higher priority. She preferred to allocate the $60,000 for ped paths in ,January 9, 2006 REGULAR COMMISSION MEETING Page 6 general and give the new Commission more time to review which section should be given priority for those funds. Commissioner Fletcher concurred. Mayor Wolfson questioned the $45,000 allocated for Winter and Company and indicated the projected cost was $43,860 and should not include money for the tree ordinance. He asked staff to be specific with what they ratify for that agreement and to ensure it will accomplish what was recommended at the previous meeting. Discussion ensued regarding the terms and urgency for negotiating and authorizing the final contract with Winter and Company. The Mayor reminded the Commission that he had asked for the contract to be given to them for review prior to action. He noted that he was not comfortable with the tree ordinance being included in the contract and asked that any item pertaining to it be stricken from the agreement. Amendment to the Motion: To amend Ordinance No. 20-06-74 on first reading, leaving the $60,000 for ped paths but removing its specific designation for Oceanwalk Drive South and Oceanforest Drive North; and authorizing $45,000 for the Winter and Company agreement but not to include any revisions of the tree ordinance. Moved by Simmons, seconded by Fletcher Commissioner Waters discussed the prioritization process for the ped paths and stressed the need to support and trust the previous Commission's decisions for that schedule and prioritization. He supported approving the ordinance as presented. Commissioner Borno and Mayor Wolfson agreed. Votes: (on Amendment to Motion) Aye: 1- Simmons Nay: 4 - Borno, Fletcher, Waters, Wolfson AMENDMENT TO THE MOTION FAILED (Original Motion: To approve Ordinance No. 20-06-74 on first reading, as presented.) Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Approval of Local 630 Blue Collar union contract for the period October 1, 2005 through September 30, 2006 (City Manager) January 9, 2006 REGULAR COMMISSION MEETING Page 7 City Manager Hanson provided the background infouiation on this item and reported that George Foster, Human Resources Director, was able to negotiate the new union contract with the changes that were discussed at the City Commission's most recent shade meeting. He indicated that the e contract was approved by the union and was waiting for approval by the Commission. The City Manager summarized the changes in the new contract as including: pay raises retroactive to October 2005, a Veterans Day holiday, a reclassification pay plan, and an increase to the employee contribution to the pension plan. Motion: To approve the Local 630 Blue Collar union contract for the period October 1, 2005 through September 30, 2006. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Approval of the Local 630, White Collar union contract for the period October 1, 2005 through September 30, 2006 (City Manager) The City Manager noted that these changes to the White Collar union contract were similar to the changes to the Blue Collar agreement. He indicated that a revised agenda attachment had been distributed to show the correct pay scale for the white collar workers. Motion: To approve the Local 630 White Collar union contract for the period October 1, 2005 through September 30, 2006. Moved by Borno, seconded by Simmons Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Approval of Police union contract for the period October 1, 2005 through September 30, 2006 (City Manager) The City Manager reported that the City was able to successfully resolve the police union contract and the changes involved were similar to the blue collar and white collar contracts. Motion: To approve the Police union contract for the period October 1, 2005 through September 30, 2006. January 9, 2006 REGULAR COMMISSION MEETING Page 8 Moved by Borno, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Mayor Wolfson commended Human Resources Director George Foster and City Manager Jim Hanson for their professionalism and efforts in explaining the negotiations throughout the transition from the previous Commission to the new Commission. D. Mayor and City Commission Pay Adjustments (City Manager) The City Manager asked George Foster, Director of Human Resources, to give a summary of his staff report. Mr. Foster provided background information on the ordinance implementing the Mayor's and Commissioner's yearly pay scale adjustments as based upon the Florida League of Cities' survey data. He explained the history of the pay adjustments and noted their inconsistencies. Mr. Foster pointed out that the Commission's pay is really a stipend to assist them in paying for out-of- pocket expenses. He proposed that the Commissioners consider using the CPI -U as a new mechanism to determine their pay adjustments. Commissioner Waters believed that the Mayor should receive the same dollar increase as the rest of the Commissioners and that it was never the intent to increase the Mayor's stipend at a faster rate than the other Commissioners. Commissioner Borno provided insight into the original intent and proposal from the Florida League of Cities. He agreed that the CPI -U is a good and consistent benchmark to use. Further discussion ensued regarding how to calculate the pay increases for the Mayor and Commissioners so that they are equal in dollar amount, yet based upon a percentage. Commissioner Waters reiterated that, at no disrespect to the Mayor, he believed that the ratio of the Mayor's salary to the Commissioner's salary was intended to consistently remain doubled, and not to exceed that ratio. Motion: To accept the staff recommendation that the Mayor and Commissioners' salaries be adjusted yearly to the CPI -U and the COLA for the City and to change the City Code so that the Mayor's dollar amount increment is equal to that of the Commissioners. Moved by Waters, seconded by Borno January 9, 2006 REGULAR COMMISSION MEETING Page 9 Discussion ensued. Commissioner Borno discussed the burden placed on staff if required to calculate the same dollar amount for Mayor and Commissioners. He noted that the difference over the years has been minimal and did not believe it to be a significant point of contention. Commissioner Borno withdrew his second to the motion. MOTION DIED Motion: To move forward with staff recommendation to adjust the salary of the Mayor and City Commissioners using the CPI -U as written in the staff report. Moved by Simmons, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. Follow-up of Zoning and Land Development Regulation items from December 12, 2005 City Commission meeting and schedule for consideration by the Community Development Board (Commissioner Fletcher) Commissioner Fletcher reported that he had asked staff to look into the following specific recommendations from Mr. Winter to help preserve the City's character while they continue to examine the City codes involved with the project. He read the specific three items as provided in the staff report: - A maximum 40% lot coverage by buildings, - A linear wall plane length, not to exceed 35 -feet without interruption, - A floor area ratio (FAR) maximum of 0.45 — 0.49. He referenced a pending zoning ordinance that gives the City the opportunity to review the codes, issues and public input without simultaneously being inundated with permit requests of the same nature. He suggested that the three items from Mr. Winters' recommendation be moved into a pending zoning ordinance. Sonya Doerr, Planning and Zoning Director, pointed out that these items would need to go before the Community Development Board before being acted upon by the City Commission. Thus, she reported that she has included the items in the Community Development Board's agenda for discussion at the January 17th meeting. She also clarified the issue of pending zoning. ,January 9, 2006 REGULAR COMMISSION MEETING Page 10 Commissioner Fletcher read the motion, as presented in the staff report. Motion: To direct staff to prepare a preliminary draft of Chapter 24 revisions and an implementing ordinance as described in staff report and to forward these to the Community Development Board for input, review, and recommendation at their January 17th meeting; and to consider the proposed revisions described within the staff report as pending zoning changes and hold issuance of building permits found not to be in compliance with these revisions until pending adoption of said ordinance. Moved by Fletcher MOTION DIED due to lack of second. Mayor Wolfson addressed the issue and noted that both the current and previous commissions have requested that the Community Development Board review all recommendations as proposed by Winter and Company. He indicated that asking the Board to review and act upon these three items takes them out of order from the whole process of allowing the Community Development Board to receive and review public input prior to making a recommendation. Commissioner Fletcher explained his reasons for the motion and addressed the need to prevent further "McMansion" buildings from being constructed in the City. Mayor Wolfson reiterated the need to follow the proper sequence in addressing the recommendations from Winter and Company and stressed that citizen input will be critical to the final result. Commissioner Simmons and Commissioner Borno concurred with the Mayor's comments. Ms. Doerr clarified that the Community Development Board would still be reviewing the two revisions to the Land Development Regulations regarding the creation of a new Single-family Residential Zoning District classification and an amendment to Section 24-189, as directed by the Commission at their previous meeting. F. Staff Proposal to Remove Sidewalk Along Beach Avenue between 12th & 13th Streets (City Manager) Rick Carper, Public Works Director, presented the information on Beach Avenue and displayed a photo of the area being discussed. He indicated its state of disrepair and noted that the river rock finish on the sidewalk makes it very expensive to replace. He reported that requests for public input have resulted in only one email from the original requestor to remove the sidewalk. Mr. Carper stated that, due to safety concerns, the sidewalk must be either repaired, replaced, or removed. ,January 9, 2006 REGULAR COMMISSION MEETING Page 11 Motion: To authorize staff to remove the sidewalk along Beach Avenue between 12th and 13th Streets. Moved by Simmons, seconded by Borno Commissioner Simmons agreed that the sidewalk is in deplorable shape and needs to be removed. She suggested asking the homeowners if they would like to have the area landscaped or laid with sod instead. She did not support spending money to put anything else in that area. Commissioner Waters disagreed with removing the sidewalk in its entirety and suggested repairing it instead. He expressed concern that the removed sidewalk area would become part of the private property owners' yards instead of public access. It was stated by Mr. Carper that the area would remain as a right-of-way on City property. Commissioner Waters believed that the sidewalk should have been properly maintained all along and questioned justifying installing other ped paths when authorizing to remove this sidewalk. He stated that sidewalks are good for neighborhoods. Mr. Carper responded that his research indicated that this sidewalk was not frequently used. Votes: Aye: 4 - Borno, Fletcher, Simmons, Wolfson Nay: 1 - Waters MOTION CARRIED G. Staff Proposal to Make Richardson Lane a One -Way Street (City Manager) Mr. Carper displayed a photo of Richardson Lane and reviewed staff's recommendation to make it a one-way street. He explained that the direction of the one-way street was chosen due to the location of the medians being placed on Mayport Road in that area. Motion: To authorize staff to conduct informational meetings with residents to gauge feelings about converting Richardson Lane to a one- way street. Commissioner Simmons supported the motion to begin research on the area and receive feedback from the citizens affected. Commissioner Waters concurred and suggested the residents may want the street direction to be opposite of staff recommendation. The Commission further discussed ideas and methods for informing the residents of the public infoimational meetings and for receiving their input. January 9, 2006 REGULAR COMMISSION MEETING Page 12 Moved by Simmons, seconded by Waters Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED H. Park Rules and Enforcement Actions (City Manager) City Manager Hanson asked Chief David Thompson, Public Safety Director, to review the history of the problems encountered by police officers dealing with violators in City parks. Chief Thompson presented and explained the recommendations in the staff report. He also noted the need for clarification of the type authority to be given to the Police Department and to the Parks and Recreation Department. He asked if the City wished for personnel of these departments to be authorized to direct violators to leave the park and or to close down the park, or portion of the park, due to repeat violations. Chief Thompson explained the issue of violators who commit a criminal act in the park and the need to address these types of violators separately. He indicated that he will bring back options for the Commission to consider regarding this issue. The Commission discussed various issues of the topic, including extra workload placed on staff, parental involvement with juvenile violators, and police and park staff authority and involvement with enforcing the rules. Motion: To authorize the City Attorney to draft an ordinance addressing the concerns reflected in the staff report and taking into consideration the comments received at the meeting tonight. Moved by Simmons, seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED 1. Options for Public Park Security (City Manager) Chief Thompson reviewed the options as presented in the staff report as follows: Option 2- apply CPTED principles in parks; Option 3- encourage citizen volunteers to adopt a park; Option 4- increase park use; and Option 5- add surveillance equipment/cameras to monitor park activities. He noted that these recommendations resulted from discussions with Timmy Johnson, Parks and Recreation Director, and that they were identified as the most effective, least expensive, and least intrusive options. He also reviewed the January 9, 2006 REGULAR COMMISSION MEETING Page 13 budget implications associated with the recommendations, specifically with the camera installation at the Tideviews Preserve parking lot. Motion: To authorize staff to implement Options 2, 3, 4, and 5, as described within the staff report and direct staff to monitor the criminal activity to determine if any additional options are necessary. Moved by Simmons, seconded by Borno The Commission discussed some of the other options, including adding fencing around the park and adding additional police staff specifically for security in the parks. Chief Thompson responded to their questions and provided pertinent information regarding their comments. Commissioner Waters pointed out the need to evaluate the results of implementing the recommended options. Chief Thompson replied that police records and feedback from Parks and Recreation staff will assist in determining the success of their actions. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED J. Request from Florida League of Cities for a Resolution that supports the League's Key Priority Issues (City Manager) City Manager Hanson noted that each year the Florida League of Cities (FLC) asks cities to show support for their legislative issues by adopting a general resolution as presented in the staff report. He asked the Commission to give staff direction on whether or not to proceed with the proposed resolution. Commissioner Waters expressed his support for the noteworthy priorities listed by the Florida League of Cities. Commissioner Simmons expressed the need for more background information on the items listed by the FLC before making a decision on whether or not to support the resolution. Commissioner Borno remarked that the City is a member of the FLC and should support its legislative agenda, knowing that there is always the opportunity to address any specific items with which Atlantic Beach may have questions or concerns. Commissioner Fletcher concurred with Commissioner Simmons, but did not want to place any added burden on City staff by requesting them to provide the information regarding all of the FLC items. He inquired into the level City Manager January 9, 2006 REGULAR COMMISSION MEETING Page 14 of importance placed on signing the resolution in order to show support 'for the FLC. Commissioner Waters indicated that going to Tallahassee in order to attend sessions and speak to Senators and other elected officials is the most significant way to support the League but that is not always feasible, for the Commissioners. City Manager Hanson suggested that reviewing the FLC website would be a good way for the Commissioners to research information on any of the items in the resolution. He suggested that City staff could work on preparing the proper format for the resolution while the Commission has time to research the items and, if needed, could amend the language presented at the next meeting. It was the consensus of the Commission to direct staff to bring back language for the resolution at the next Commission meeting. K. New Location Options for Mailboxes (City Manager) Rick Carper displayed a picture showing current mailbox locations in the City and reviewed the other options as presented in the staff report. He noted that at a previous meeting the Commission had directed the removal of the mailbox, but, since then, staff had been requested to research alternate locations. The three options presented by staff were the Selva Marina Drive median, the north end of Mandalay Park, and the south end of Mandalay Park. The Commission discussed the convenience and safety issues of the various options at length. Commissioner Simmons called the question. Motion: To place the mailbox at Option 3 (the south end of Mandalay Park). Moved by Simmons, seconded by Borno Votes: Aye: 3 - Borno, Simmons, Waters Nay: 2 — Fletcher, Wolfson MOTION CARRIED 9. City Manager A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment B. The issues addressed in his report were: replacement of the AS -400 computer, employee of the year, emergency stoiiu water and sewer repair projects. Reports/Requests City Commissioners City Attorney January 9, 2006 REGULAR COMMISSION MEETING Page 15 He announced that Lieutenant Henry Bartle of the Police Department was awarded Employee of the Year and was well -deserving of that recognition. In addition to the items in his report, the City Manager also announced the following: • The television show, America's Most Wanted, will be filming an episode at Dutton Island park this Saturday morning. Commissioner Fletcher inquired if the City was receiving payment for allowing them to film at the park. The City Manager explained that the television crew has met the requirements for providing a peuuit, an insurance policy, and a deposit in order to film at that location. • The Eminent Domain seminar that was scheduled for Jacksonville was cancelled but a copy of the information and materials for it are located in the City Clerk's office if any of the Commissioners would like to review them. • Strategic planning sessions have been scheduled for February 1st and 2nd at the Sea Turtle Inn, starting at 5:00 p.m. He invited the public to attend, although no public input will be taken at the meeting. Mayor Wolfson inquired if the Commission presents any formal congratulations to Lieutenant Bartle. The City Manager responded that the Commission is invited to attend the luncheon being held in his honor. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Fletcher ❖ Discussed America's Most Wanted filming an episode in Atlantic Beach. Believed that the City should charge more money for the episode to be filmed in the City and suggested researching what the City of Jacksonville has charged in similar situations. No other commissioners showed interest in pursuing this issue. Commissioner Waters ❖ Stressed that no other public amenities should be placed in Russell Park. Believed the park is too heavily used at this time. ❖ Requested that Mr. Foster provide a simulated scale of Commissioner Water's proposal versus the adopted proposal for the Mayor/Commissioner salary issue. ❖ Invited everyone to the Florida League of Cities' monthly dinner meeting. He reported that it will be a fish fry and oyster roast hosted in St. Augustine on Thursday, January 19. January 9, 2006 REGULAR COMMISSION MEETING Page 16 ❖ Encouraged everyone to attend the 1 -LC dinner meeting in May when Atlantic Beach is co -hosting the event with the other beaches. Mayor Wolfson ❖ Followed up on Commissioner Fletcher's suggestion to approach Ms. Elsie Thomas about her offer to volunteer for the City. He asked Mr. Carper to talk with Ms. Thomas about assisting with the Richardson Lane issue after the meeting. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:40 p.m. Donald M. Wolfson, Mayor/Presiding Officer ATTEST: Donna L. Bussey City Clerk BUILDING DEPT.MONTHLY ACTIVITY REPORT 1 REPORTING FOR MONTH OF DECEMBER 2005 COMPARISON: DECEMBER 2004 Vs. 2005 YTD 2004 YTD 2005 YTD 2004 YTD 2005 YTD 2004 YTD 2005 1 PERMITS ISSUED MONTH OF DECEMBER 2005 NO.PERMITS PERMIT COST CONSTRUCTION VALUE INSPECTIONS PERFORMED CO H .7 AGENDA JANUARY ITEM 23, #4A 2006 in N 36 38 O N co) r d'I 276 M r N r O O N L N O CONCRETE ELECTRICAL PLUMBING MECHANICAL TREES N 2 TOTAL J G. 2 U z 0 mN Ur Z CODE ENF. PW/PU MISC TOTAL IN RESOLVED OPEN $3,310,986.00 $8,645,860.00 $2,189,900.00 $4,202,936.00 $34,485,106.00 0 0 0 0 0 0 o va nN6O9 ED d' ci ti h r 69 69 co m Eft $0 $175,155.00 $0 0 Cr) co r va 0 ER 0 EA 0 6R 0 69 0 Era 0 0 69 CO 0 va 0 6a $107,578.00) 0 ER 0 Eft 0 era 0 o M r co ti I, - 69 O O O O 0 O M et'r M O O N CD nt'MM N CD N N va 69 O Co) O "L- O CO M t� N ti M r EA. et 69 $22,895,560.00 0 0 0 0 00000000 O to 0 0 69 v d} EH M el r ER 0 6 et N 0 0 69 0 0 N O N 69 Cs. N CO $175.00 0 O o EA $0.00 0 00 M 'et 0 N 69 0 t r tD r - 69 $3,085.00 0 0 000000 O o ER Eft 0 O E!} 0 O ER 0 O CO ts. 40 0 O ti 69 $0.00 0 0 O 0 r ER 0 0 N e- r M r69 30 256 36 1934 2306 N"' o O w O 29 0 N 0 0 N N 33 000e- M r M r 143 O N fg d' .0Q' co r 1904 PERMIT TYPE 'SINGLE FAMILY DUPLEX REMODEL/ADDITION COMMERCIAL OTHERS TOTAL SINGLE FAMILY DUPLEX/T'HOUSES ADDITION/REMODEL COMMERCIAL DECKS / DUNE X FENCE UTILITY ROOFING SHEDS GARAGE WELLS Z 0 0 ELECTRICAL PLUMBING MECHANICAL PORCH IRRIG/SPRKL 0 Z El Cl) TREE REMOVAL SWIMMING POOL DRIVEWAY/PATIO WINDOWS/DOORS DEMO/MOVING/TRA TOTAL City of Atlantic Beach FINANCIAL REPORT DECEMBER 2005 AGENDA ITEM #4A JANUARY 23, 2006 Cash Balances Fund(s) General Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Cent Sales Tax Police Training, Forfeit, etc. Grants Debt Service Utility Sanitation Storm Water Pension - Police Pension - General Total Total Restricted Cash Total Unrestricted Cash Prior 11/30/05 $3,764,806 30,978 163,309 367,787 1,028,928 23,727 40,314 88,243 3,440,648 658,577 2,997,487 (421) 56,888 $12,661,271 Current 12/31/05 $5,712,916 30,978 152,575 386,221 964,913 12,281 (34,507) 32,938 3,391,987 551,550 2,951,569 (5,996) 78,361 $14,225,786 $6,360,515 $7,865,271 Dollar Change $1,948,110 0 (10,734) 18,434 (64, 015) (11,446) (74,821) (55,305) (48,661) (107,027) (45,918) (5,575) 21,473 $1,564,515 Cash and Investments Account Bank of America - Depository SBA Cash on Hand Subtotal Suntrust-Pension-Police Merrill Lynch -Pension -Police Suntrust-Pension-General Merrill Lynch -Pension -General Subtotal Prior 11/30/05 Current 12/31/05 $172,459 $254,715 12,486,262 13,968,521 2,550 2,550 12,661,271 14,225,786 4,279,305 4,294,503 525,836 552,918 5,791,132 5,812,353 1,115, 752 1,173,222 11,712,025 11,832,996 Total $24,373,296 $26,058,782 (1) FYTD rate of return through 09/30/05 Dollar Rate of Change Return % $82,256 1,482,259 0 1,564,515 15,198 27,082 21,221 57,470 120,971 $1,685,486 3.16 4.23 7.50 (1) 28.60 (1) 7.60 (1) 28.60 (1) City of Atlantic Beach FINANCIAL REPORT DECEMBER 2005 Revenues AGENDA ITEM #4A JANUARY 23, 2006 Fund / (Footnote) Annual Estimate YTD - 25% of Estimate YTD Actual Dollar Percent Variance Variance General (1) Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Ct Sales Tax Police Training, Forfeit, etc. Grants (2) Debt Service Utility Sanitation Storm Water (3) Pension - Police Pension - General (4) Total $9,951,978 0 128,000 564,042 702,336 31,800 447,833 71,100 6,623,534 1,362,300 1,067,868 702,355 1,015,029 $22,668,175 $2,487,995 $3,755,189 $1,267,194 50.93% 0 0 0 100.00% 32,000 21,211 (10,789) -33.72% 141,011 142,093 1,082 0.77% 175,584 185,594 10,010 5.70% 7,951 4,850 (3,101) -39.00% 111,958 49,763 (62,195) -55.55% 17,775 18,177 402 2.26% 1,655,883 1,636,631 (19,252) -1.16% 340,575 326,876 (13,699) -4.02% 266,967 185,482 (81,485) -30.52% 175,589 188,293 12,704 7.24% 253,757 329,637 75,880 29.90% $5,667,045 $6,843,796 $1,176,751 Analysis of Major Variances (1) The $1,267,194 positive variance in the General Fund resulted from having received 60% of the year's budgeted property taxes in December, 2005. Typically the majority of these taxes are received from the City of Jacksonville in December & January. (2) The $62,195 negative variance in the Grant Funds resulted from either items not having been purchased or reimbursement requests not having been filed as of December 31, 2005. (3) The $81,485 negative variance in the Stormwater Fund resulted from the award of a grant in fiscal year 2006 that has not been received. (4) The $75,880 positive variance in the General Employee Pension Fund resulted from changes in the market values of the investments. City of Atlantic Beach FINANCIAL REPORT DECEMBER 2005 Expenses AGENDA ITEM #4A JANUARY 23, 2006 Annual YTD - 25% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance 3 Governing Body $45,938 $11,485 $12,016 ($531) -4.62% City Administration 2,122,737 530,685 440,302 90,383 17.03% General Government (1) 2,165,615 541,404 352,215 189,189 34.94% Planning and Building (2) 591,118 147,779 107,710 40,069 27.11% Public Safety (3) 4,714,649 1,178,660 718,633 460,027 39.03% Parks and Recreation 1,023,072 255,769 224,394 31,375 12.27% Public Works (4) 6,136,758 1,534,190 994,660 539,530 35.17% Public Utilities (5) 7,115,581 1,778,896 2,136,157 (357,261) -20.08% Pension - Police 400,936 100,234 96,989 3,245 3.24% Pension - General 405,798 101,450 93,656 7,794 7.68% Total $24,722,202 $6,180,552 $5,176,732 $1,003,820 Annual YTD - 25% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services $7,909,947 $1,977,487 $1,623,302 $354,185 17.91% Operating Expenses (2) - (4) 9,481,128 2,370,283 1,659,617 710,666 29.98% Capital Outlay (1), (4) & (5) 4,863,814 1,215,954 440,147 775,807 63.80% Debt Service (5) 1,678,236 419,559 1,256,397 (836,838) -199.46% Transfers 789,077 197,269 197,269 0 0.00% Total $24,722,202 $6,180,552 $5,176,732 $1,003,820 Analysis of Major Variances (1) The positive variance in the General Government departments resulted from not having begun the various projects funded from this source - see Project Activity Schedule. (2) The positive variance in the Planning & Building departments resulted from no monies being expended in the Community Development Block Grant as of December 31, 2005. (3) The positive variance in the Public Safety departments is partially due to the payment being due quarterly to the City of Jacksonville for fire & rescue services. The next payment is due in January 2006 for October through December 2005. Also, the police union contract has not been approved as of December 31, 2005 so salaries and benefits are less than the amount budgeted. (4) The positive variance in the Public Works departments resulted from the waste management contract and First Vehicle not having been paid in October 2005 and not having begun various projects funded from this source - see Project Activity Schedule. The negative variance in the Public Utilities department resulted from the October payment of principal and interest on the Utility Revenue Bonds and is partially offset by not having begun various projects funded from this source - see Project Activity Schedule. (5) City of Atlantic Beach FINANCIAL REPORT DECEMBER 2005 Project Activity - Current Year Activity Only AGENDA ITEM #4A JANUARY 23, 2006 Project Name Project Number YTD YTD YTD Budget Actual Balance Status General Government: City Hall Expansion Parks and Recreation: Beautification Subtotal Subtotal GG0402 PRO601 $2,816 $0 $2,816 2,816 0 2,816 45,000 0 45,000 45,000 0 45,000 Public Safety Police Building Renovations PS0504 475,000 2,570 472,430 D Homeland Security Items PS0601 138,000 0 138,000 Subtotal 613,000 2,570 610,430 Public Works: Plaza Entrance/Post Office PW0305 55,080 54,687 393 I Hopkins Creek Basin Pond PW0309 1,301,500 0 1,301,500 E Mayport Road Medians PW0401 346,858 0 346,858 E Welcome Sign and Landscaping PW0405 78,000 0 78,000 Ocean/13th - Coast Drive/12th PW0409 139,116 2,745 136,371 I Five Points Intersection Improvement PW0502 346,643 125,333 221,310 I Sidewalks - New PW0503 23,795 0 23,795 I Sidewalks - Replacements PW0505 10,752 5,864 4,888 I Seminole Ditch Headwall PW0507 12,974 0 12,974 I Pathway - Plaza (West of Mayport Road) PW0508 24,676 0 24,676 I Concrete Floor for Shed PW0601 8,800 0 8,800 I Medians Rehab - Atlantic Boulevard PW0602 20,000 0 20,000 Roll Off Concrete Pads PW0603 10,000 0 10,000 Sidewalks & Curbs PW0604 50,000 1,160 48,840 I Paving of City Hall Parking Lot PW0605 84,000 0 84,000 Pathways PW0606 88,000 0 88,000 Sidewalks - Sailfish,Royal Palm & Frances PW0607 90,800 0 90,800 Selva Tierra Ditch Improvements PW0608 25,954 0 25,954 I Pathway - Seminole Road Phase 1 PW0609 62,000 0 62,000 I Pathway - Seminole Road Phase 2 PW0610 0 0 0 Subtotal 2,778,948 189,789 2,589,159 Public Utilities: Security Upgrade/Water Plants PU0305 2,485 2,485 0 C Headwork Improvements at WWTP2 PU0310 52,027 52,027 0 C Water Line at 10th Street & Beach Avenue PU0503 99,776 31,138 68,638 I Mayport Road Sewer Crossing PU0504 50,000 0 50,000 Fence Replacement at Water Plant 1 PU0601 70,000 0 70,000 Water Main at Sailfish Drive & Plaza PU0602 60,000 0 60,000 Sewer Crossing Ditch at Palm Landing PU0603 30,000 0 30,000 Genset at Lift Station B PU0604 44,650 0 44,650 I Clarifier Rehabilitation PU0605 100,000 0 100,000 Fence Replacement at WWTP 1 PU0606 15,000 0 15,000 Sludge Container Refurbishment PU0607 15,000 0 15,000 Subtotal 538,938 85,650 453,289 Status Key B - Bid Awarded C - Project Completed D - Design Completed Total $3,978,702 $278,009 $3,700,693 E - Design Phase I - Project In -progress R - Re -budget Next Fiscal Year AGENDA ITEM #4A JANUARY 23, 2006 City of Atlantic Beach, F1. Utility Sales Report December 2005 December 2004 Accounts Gallons (000) Actual Revenue Revenue Per 1,000 gi Accounts Gallons (000) Actual Revenue Revenue Per 1,000 gl Water Sales Atlantic Beach Buccaneer 5,601 2,676 45,444 25,982 $110,937 $67,511 $2.44 $2.60 5,480 2,663 49,391 28,982 $120,367 $2.44 $69,390 $2.39 Total Water Sales 8,277 71,426 $178,448 $2.50 8,143 78,373 $189,757 $2.42 Water Plant Production v,�x&ss""�uTx"'W,r' A. �:, ✓' --c tq '.[' +�'1-ri-Y C.i'..,rs`..r. r£z.±>'xs .:-3% -� z. _ F�u Gallons Gallons (000) (000) Atlantic Beach 55,036 57,601 Buccaneer 19,285 22,856 Total Production 74,321 80,457 Total Water Billed 71,426 78,373 Water Loss for month: 2,895 2,084 Percentage Loss 3.90% 2.59% Total 12 mo. Avg. Loss 9.93% 12.19% Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000 gi Accounts (000) Revenue Per 1,000 gl Atlantic Beach 5,012 34,877 $159,194 4.56 4,924 37,364 $162,727 4.36 Buccaneer 2,544 24,522 $134,430 5.48 2,548 27,847 $144,241 5.18 Total Sewer Sales 7,556 59,399 $293,624 $4.94 7,472 65,211 $306,968 $4.71 Sewer Treatment Millions of Gallons 69.33 66.92 Rev. per 1,000 Gallons $4.24 $4.59 AGENDA ITEM #4B JANUARY 23, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Contract Extension for Stormwater Jetting, Cleaning & Televising for the Public Works Department SUBMITTED BY: Rick Carper, Public Works Director DATE: January 11, 2006 BACKGROUND: The City is required by our Municipally Separate Stormwater System (MS4) NPDES permit to have a program for cleaning storm sewer piping. Our current contract with Florida Pipe Tech., Inc. for Stormwater Jetting, Cleaning & Televising for the Public Works Department expires on February 28, 2006. We have contacted Mr. Joey Loper, president of Florida Pipe Tech. Inc., who has agreed to extend the contract for another year at the current prices. The City has the option of extending the current contract for two (2) one (1) year periods; this proposed extension will be the first. The City recently purchased a Vac-Tron trailer mounted combined jetting and vacuum machine. This equipment is being used by Public Works Stormwater personnel for cleaning pipes 24" and under in size. Florida Pipe -Tech., Inc. will be used for jetting of larger pipes and any situation that requires televising of the system. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: Letter signed by Joey Loper, president of Florida Pipe Tech., Inc., agreeing to the extension at the current prices. BUDGET: Maintenance funds are budgeted under account number 470-0000-538-34.00 "Other Contractual Services" in the amount of $10,000.00. REVIEWED BY CITY MANAGER: January 4, 2006 Joey Loper President Florida Pipe Tech., Inc. Post Office Box 1812 Green Cove Springs, Florida 32043 Dear Mr. Loper: AGENDA ITEM #4B JANUARY 23, 2006 DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4318 TELEPHONE: (904) 247-5834 FAX: (904) 247-5843 SUNCOM: 852-5834 http://ci.atlantic-beach.fl.us As you are aware, the contract with the City of Atlantic Beach for Storm Water Jetting, Cleaning & Televising expires on February 28, 2006. We would like to extend the contract for another year at the current prices, if this is acceptable to your company. If acceptable, please sign below and return to me before January 27, 2006, so I can prepare a staff report for the City Commission to accept the extension. We look forward to recommending that we continue our contract with your company. Phil Nodine Streets and Maintenance Division Director FLORIDA PIPE TECH., INC. AGREES TO EXTEND THE CONTRACT FOR ONE YEAR FOR THE SAME PRICE. JoeJL.oper, President Date AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Polymer for Wastewater Treatment Plants Bid No. 0506-2 Donna Kaluzniak, Utility Directo January 13, 2006 AGENDA ITEM #4C JANUARY 23, 2006 BACKGROUND: Polymers are chemicals used in wastewater treatment plants to neutralize electrical charges on sludge particles. This helps the solids clump together and dewater before disposal at the landfill. Each polymer manufacturer develops and markets several proprietary foliuulas. Wastewater treatment plants are biological systems that have varied reactions to these polymers. A polymer incompatible with the treatment plant's microorganisms can upset the process, creating additional costs for pumping and hauling biosolids. An upset process also increases the risk of violating our regulatory permit conditions. Adverse reactions may take several months to appear and several months to correct once the polymer is discontinued. For a number of years, the City had good dewatering results with no adverse plant effects using a polymer from Leachem Industries. However, in 2002, staff switched to a different polymer that beat the cost of Leachem during a bid. Unfortunately, after using the low -bid polymer for several months, the plant microorganisms began showing an adverse reaction that resulted in $16,000 of additional operational costs. Staff requested to use the Leachem polymer as a sole source product on December 9, 2002, which the Commission approved. Several years have passed since then, so staff decided to advertise bids for polymer to ensure the cost of Leachem's polymer was not out of line. Four bids were received on January 4, 2005. All bidders supplied a sample of their chosen polymer for a one-time field test to ensure dewatering. Bids were submitted as a cost per pound of polymer. Because some brands required more polymer to properly dewater the biosolids than others, calculations were completed in the bid analysis to deteimine the cost per 1000 gallons treated. Results were as follows: Manufacturer: Ciba Specialty Chemicals Degussa- Stockhausen Fort Bend Services Leachem Industries Cost/1000 gallons treated $0.313 $0.412 $0.429 0.348 1 AGENDA ITEM #4C JANUARY 23, 2006 The bids show that Leachem Industries' price is competitive with other products, as the cost is the second lowest per 1000 gallons treated. The annual cost difference between Leachem and the lowest cost polymer from Ciba Specialty Chemicals is approximately $2500. Although Ciba Specialty Chemicals has the lower cost, the risk of plant upset and the resulting cost outweighs the $2500 savings. As shown in 2002, additional costs for a biological upset can escalate to quickly exceed the difference in polymer price. Therefore, staff recommends awarding the contract to Leachem Industries. BUDGET: A total of $23,000 was budgeted for polymer in the Sewer Fund under account number 410-5508-535-5200. RECOMMENDATION: Award the Annual Contract for Polymer to Leachem Industries, Inc. at the bid price of $1.36/pound. ATTACHMENTS: 1. Bid Analysis Form 2. Bid Tabulation Folin 3. Cost Estimate for Use of Incompatible Polymer at WWTP#1 REVIEWED BY CITY MANAGER: 2 AGENDA ITEM #4C JANUARY 23, 2006 �Leachem Industries CO 69- CO co' in 0 CD� t 16 10 $0.348 Fort Bend Services o N - co c- ti CD N ti 1 $68.71 rn N d' C 69. Degussa -Stockhausen 10 X- to- V CO N.N ti In $65.85 V. d' C CIBA Specialty Chemicals 10 N 8.00 in o Ni- o o o L M M C Polymer Company Cost Per Pound Pounds Per Gallon Gallons needed to dewater 160,000 gallons of sludge Pounds needed to dewater 160,000 gallons of sludge Cost to Dewater 160,000 gallons of sludge Cost per 1000 gallons dewatered N O 2 4) L > cuU col- -t.5 oI— • U Q � C O O U m c a) E 0 d BID #0506-2 Leahchem Industries XXXXXXXXXX m M ER 000'0$ m M ER 53 Fort Bend Services X X X X X X X X X X O N EA 000'0$ O N ER 53 Degussa - Stockhausen XX XXXXXXX t0 r: Ell. O C 69 in 4A c) CIBA Specialty Chemicals XXXZXXXXXX O O O Ell 0 O O ER 0 1n ER 440# Required Documents Submission in Triplicate Original Insurance Certificates Three (3) References Proof of Occupational License -if applicable Field Testing Certification Form Certificate of Analysis for product Material Safety Data Sheet for product Completed W-9 Form Sworn Statement on Public Entity Crimes Signed Copy of Document Requirements Checklist Raw Polymer -Cost per pound Additional cost for shipping (if any) Shipping cost per pound of Polymer Total cost per pound of raw Polymer Number of pounds per 55 gallon drum AGENDA ITEM #4C JANUARY 23, 2006 Award of Bid based on Department Analysis and Commission Approval ch d 0 0 m to La vi 0 E M X O ,� C O i 0 R CD L E d 2 >, E .> o 1-7'0. 0.ow • CL 0 sa c d d - � 0. E " .o+ J 2 N a Q- d HE To 49, o c m ticw R c i o Eco o c >+ 0 E E o 1.. 0 ca o. $ L ai .0 �d0 N .Q C G d CC CI to) im E c �+ c o C c '>. • cc. R G, Q V L. 0 - d 0 N w i c 0 C 0 d E r d L 4 d c • E • '0 a W 0 r 0 o ° E m o o.F0 AGENDA ITEM #4C JANUARY 23, 2006 Comments For additional aeration, transfer pumps, polymer pumping, etc. More dewatering needed to make room for additional sludge wasting. 28 extra landfill trips, at least 80 miles round trip @ .35 per mile - cost of extra diesel alone is about $375 To make the additional 28 landfill trips For extra wasting, thickening, pouring, filling containers, cleaning clarifier centerwells. Wear and tear on Kubota tractor, sludge containers for additional use Approx. Cost to Date CD LO L0 Lfl CO N- Ef3 O d' 'I' LO Ea O d' N. r EA Approx. Cost/Month 0 LO N EA. I- L0 Efr - CO EA- $467 CO Ln 09 CO v - Eft Description Electrical costs Additional polymer Mileage on Sludge Truck Labor for Heavy Eq. Oper. Labor for Plant Operators Equipment use Total AGENDA ITEM #4C JANUARY 23, 2006 AGENDA ITEM: AGENDA ITEM #4D JANUARY 23, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Authorize the City Manager to enter into a contract with the Tennis Instructor for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Beach Athletic Association (ABAA) for use of Russell Park baseball fields and concession stand SUBMITTED BY: Timmy Johnson, Parks & Recreation Director DATE: January 10, 2006 BACKGROUND: In recent years, the City entered into a contract with a Tennis Instructor, ABET and ABAA for use of City facilities to promote community sports programs, theatrical entertainment and offer tennis lessons to Atlantic Beach citizens. ABET is operated by George Maida, Tennis Lessons are provided by Brecht Catalan and ABAA is operated by Jim Moffitt. Normally the contracts are approved in October, but because we have been waiting on the contracts, exclusive dates, proof of insurance and fee schedule, the request to have the contracts approved is late. RECOMMENDATION: Authorize the City Manager to enter into a contract with the Tennis Instructor for use of the tennis courts, Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center and Atlantic Beach Athletic Association (ABAA) for use of Russell Park baseball fields and concession stand ATTACHMENTS: Contract REVIEWED BY CITY MANAGER: AGENDA ITEM #4D JANUARY 23, 2006 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM { AGREEMENT made and entered into this day of At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation 800 e inole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and %/I�.,k� of 4r/, Florida (904)„2i0 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Lngth of Rental Term: This agreement shall run from ,4' o ' through 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governrnental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM #4D JANUARY 23, 2006 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. h. Renter shall be responsible for its' own furnishings and equipment and shall maintain the facility in a clean and safe condition. i. Renter shall correct any discrepancies noted by the City. Should corrective action be required by the City, such action shall be the financial responsibility of the Renter. J. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract ( ,r/At ). If renter can not account for all keys, Renter will incur the c st of re -keying or changing of the applicable locks. One key will be pr vided at no cost to Renter and any additional keys will require a .tf/f per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Parks and Recreation Director under the general rules, i.e., a facility may be requested for short tem use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM #4D JANUARY 23, 2006 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least for injuries to persons in one accident, for injuries to any one person, and for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. i. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. ii. Renter agrees to indemnify and hold harmless the City form any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: iii. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. AGENDA ITEM #4D JANUARY 23, 2006 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its "CITY" JAN -13-2006 12:38 AM JP4N-loa-d 0,14,2 `K11L/IH 11.3 ylCI. OW, United States Professional Tennis Association, Inc. Determining the way the world learns to play tennis January 10, 2006 Brecht Catalan 2102 First St S J'acluonville Beach, FL 32250 Deer Brecht; AGENDA ITEM #4D JANUARY 23, 2006 jp1a. This letter will confirm that, as r Developmental Coach of the United States Profewional Tennis Association (USPTA). you have liability Insurance u outlined below. This USPTA liability policy covers applicants, and certified and certain honorary members in the United States. its territories or Canada, and nonmembers who are insured through a certified member's policy. IilLoPTALIABLUly POLICY INCLUDE,' S9 million liability insurance, while on court. for bodily Injury to others, and for damage to property not in the tennis professional's care, custody or control. It does not cover injury to the tennis professional, or damage to hisl'isor property. The accident must have taken place on court, and arisen from tits tennis professional's playing, practicing, teaching or officiating in tennis. Polley somber: PHPK149078 MfGeth% period; 12131/05. 12/31/06 Por questions or to USPTA World Headquarters report n accideut, 3535 Brarpark Drive, Suite One contact; Houston, TX 77042 Telephone (713) 9711.77e2 If we may be of further assistance, pietist do not hesitate to contact us. Sincerely, UNITED STATES PR ESSIONAL TENNIS ASSOCIATION, INC. c13 MelonY owls Insurance Department /md This coverage is null and void iFthe member is not a citizen of or does not legally reside and work in the United States, its territories cr Canada. 153313riarperk Drive. Suite One • I•touston, TX 77042 800.U$PTA-4U • 713.97.USPTA • 713,978,7780 rale • urpt.ZuIIpw,0rg • wwwuep(n,org AGENDA ITEM #4D C Irl JANUARY 23, 2006 Jack Russell Park Tennis 2005 - 2006 Lc --I\ - as Monday: 5:30pm — 6:30pm Private Lesson Tuesday: 3:30pm — 4:30pm Pee Wee 4:30pm — 5:30pm Juniors 6:30pm — 7:30pm Beginning Ladies Wednesday 9:30am— 11:OOam B -Ladies Match (as needed) 6:30pm — 8:OOpm Working Women Thursday 5:30pm — 6:30pm Cardio Tennis 6:30pm — 7:30pm Private Junior Friday 9:30am—11:OOam B -Ladies Clinic Saturday 1:OOpm — 3:OOpm Working Women's Match (as needed) Sunday 5:OOpm — 6:OOpm Cardio Tennis 6:00pm — 7:OOpm Private Junior k iV .c'641A-..- AGENDA ITEM #4D JANUARY 23, 2006 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal co o do , 800 Se inole Road�alorida 32233 hereinafter "City"), and ,��'��j�of A/4444, Florida (904) ' 4' - 7/ 77 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: rl J , 5/- e.- cL and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. / Length of Rental Term: This agreement shall run from /o,46 through 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM #4D JANUARY 23, 2006 b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. h. Renter shall be responsible for its' own furnishings and equipment and shall maintain the facility in a clean and safe condition. i. Renter shall correct any discrepancies noted by the City. Should corrective action be required by the City, such action shall be the financial responsibility of the Renter. J• Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract ( /VA ). If renter can not account for all keys, Renter will incur the cost of re -keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a AO per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Parks and Recreation Director under the general rules, i.e., a facility may be requested for short tem use by applying for such use after the 1 5th day of each month for a day or time period within the next month. For example, AGENDA ITEM #4D JANUARY 23, 2006 any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least for injuries to persons in one accident, for injuries to any one person, and for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. i. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. ii. Renter agrees to indemnify and hold harmless the City form any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: iii. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: C44-640 4-14 AGENDA ITEM #4D JANUARY 23, 2006 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: v Its ENTER" kitc %/. &2 6, /fT f. "CITY" 4, AGENDA ITEM #4D JANUARY 23, 2006 ATLANTIC BEACH EXPERIMENTAL THEATRE, INC. BALANCE SHEET As of September 30, 2004 Current Assets Cash in Bank Petty Cash Cash in Ticket Box Total Current Assets Fixed Assets Camera and Case Audience Chairs Computer Equiupment Fax Machine Sound & Light Equipment Sound Booth Stage Equipment Total Fixed Assets ASSETS $ 6,186.80 200.00 100.00 430.54 4,203.14 2,215.96 212.98 10,503.51 1,321.02 1,909.64 6,486.80 20,796.79 TOTAL ASSETS 27,283.59 LIABILITIES AND EQUITY Current Liabilities Payroll Taxes 560.46 Long Term Liabilities Adele Grage Remodeling Pledge 4,000.00 Total Liabilities 4,560.46 Prior Fund Balance Current Year Income/(Loss) Total Equity 28,349.98 (5,626.85) 22, 723.13 TOTAL LIABILITIES AND EQUITY 27,283.59 INCOME AGENDA ITEM #4D JANUARY 23, 2006 ATLANTIC BEACH EXPERIMENTAL THEATRE, INC. INCOME STATEMENT For the Twelve Months Ending September 30, 2004 Ticket Sales $ 16,945.80 Refreshments 849.10 Backers 5,672.00 Program Ads 382.00 Gift Certificates 80.00 Children's Workshop 2,580.00 Adult Workshop 1,100.00 CSGP Grant 5,750.00 Community Foundation Grant 5,400.00 TOTAL INCOME $ 38,758.90 EXPENSES Production Costs 18,702.18 Office Supplies 158.42 Postage 502.50 Refreshment Costs 564.77 Payroll Taxes 1,611.75 Salaries 12,294.98 Storage 3,016.00 Supplies 195.21 Advertising 1,880.57 Lighting Supplies 1,870.50 Rent 200.00 Telephone 1,375.62 Insurance 1,681.00 Licenses and Fees 236.25 Bank Charges 96.00 TOTAL EXPENSES $ 44,385.75 NET INCOME/(LOSS) $ (5,626.85) rom: ��im� . ert� Brown At Ponta, Castle, Ingram Agency FaxID: To: George McIda l de(J b CERTIFICATE OF LIABILITY INSURNtt PRODUCER Ponta Castle Ingram Agency Inc 401 S. Old Woodward, Suite 370 Birmingham MI 48009 Phone:248-288-1110 Tax:248-258-1964 AGENDA ITEM #4D JANUARY 23, 2006 DATE (MMIDO' ) OPI 31 os THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC TM INSURED Atlantic Beach Ba eri ntal Th 1015 Atlantic Blvd. 175 Atlantic Beach FL 312 3 INSLREP A Chubb Group of Snourance Co. IN.SIAER E: NSORER C INSURER 0 INEL.RER E COVERAGES THE POLICIES OF NSLJ4NCE L STED EELO'W HAVE BEEN SSLED TOT -E INSURED NAMED AEO'VE FCP THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERkr OP :MD TION OF AV CWVPACT OR CT-tER L'OoTLNVIT V'IITH RESPECT TO WHICH THIS CERTIFICATE MAY 6= ISSUED OP MAY PERTAIN, THE INSLIPANcE A°F0RDE0 BY THE POLICIES DESCRIBED I-EREIN IS SU6J'_CT TO ALL THE TERMS, EXCLUS ONS AND CONDIT ONS OF SUCH P<w ICIES. 433=.6_ A-E LIatIT$ SHOWN NAY t-uaE BEEN REDUCED By 'AC CLAIMS. (N$?( rrCc% LTR TYPE OF INSURANCE POLICY NUMBER DATE (h h11DDJYY) MAW'? POLICY EXP(RATIDN QATE iM1AlOQlYI j LIMITS �NSRD A X GENERAL LIABILITY X iCCN,,EPa» GEtIERALUAEn.IT" 35752133 01/20/05 EACH CA CURREtJCE $1,000,0130. 7,,u�MI E Uhtr,1k�' 01/20/06 PREMISES)rEa ;arence) $ 1,000,000. fy CLAIMS HARE X OCCUR LAID EXP (Any nna ra s0r) $ 10 , 000 . PER$0N4L .ADV f1 y $ 1,000,000. I GENERALAGGREGiATE $2,000,000, GErL AGGREGATE um, AFPUES PER: —7 POJCY j-EOCT ILC PRODUCTS- COMPI CP AGG $ 2,000,000. AUTOMOBILE — �� LIABILITY ANY AUTO ALL O'16NEU AUTOS SOHEDULED AUTOS HIRECAUTCS N0V.OWNED AUTOS rOkS KED SINGLE LIMIT Ee ec0ident) $ 8001LY INJURY IPeraeran) BODILY IN 'NAP), !Per accident) $ PROPERTY DAATAGE i,Per accident) $ GARAGE '� LIABILITY ANY AUTOOTHEP. At 0 ONLY - EA ACCIDENT $ THAN EAACC $ Atf0 ONLY: AGG EXCESSIUMBRELLA _ LIABILITY OCCUR— CLAIMStJADE DEDJCTI6_E RETENTION 6WO EACH C720t!2RENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYWiS' LIABILITY ANY PROPRIETORIPAR'ft'ER!EXECUTIVE OFFICERNEMBER EXCLUDED % l'vee deeoriterWder SPECIAL PRO\ ISICNIS taan TORY LIAITS 1 1 ER • E L EACH DENT E.L. DISEASE - EA EMPLOYEE $ E.L. DIEASE-FOLIC'fLIMIT $ OTHER DESCRIPTION The the Beach, Of OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS below named Certificate Holder is an Additional insured with respects to negligence of the First Named Insured while at 716 ocean Blvd, Atlantic FL 32233 during the above policy term. 0 ATLANTi City of Atlantic Beach Atlantic Beach City Hall 800 Seminole Rd Atlantic Beach FL 32233 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1MPOSB NO OBLIGATION OR LIABILITI OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH • b R -. AT VE I _____—....m. ACORD 25 (2001108) AGENDA ITEM #4D JANUARY 23, 2006 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atl c Beach Florida 32233 (hereinafter "City"), and 1/4 C, ifeea / j/� r; A50c, 000 of Florida (904) 02 2%,5(hereinafter "Renter"). WHEREAS, Renter desires to use the following public facili : - s��l ,5c)4' l/ Aid/ /Pdoo �ss�r�- S 7 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Tenn: This agreement shall run from /..e95"-- through 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager SeP.26. 2605 4:15PM Trinity Capital 1'10.060 AGENDA ITEM#4D JANUARY 23, 2006 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements.. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for thc government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. c. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise,. f. Renter shall make no alterations to the facility of a peeuianent nature without the express written consent of the City Manager. g - Renter's use of the facility is not exclusive outside of thc dates and time as set forth below- Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter shall leave the facility available f'or use by other parties if other activities arc scheduled or upon the request of City staff. This may include removal and storage of Renter's property. h. Renter shall be responsible for its' own furnishings and equipment and shall maintain the facility in a clean and safe condition, i. Renter shall correct any discrepancies noted by the City. Should corrective action be required by the City, such action shall be the financial responsibility of the Renter. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract ( 13.5. ). If renter can not account for all keys, Renter will incur the cost of re -keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a tt qt.\' per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Parks and Recreation Director under the general rules, i.e., a facility may be requested for short tem use by applying for such use after the 1 5th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15a' day of January. Sep.26, 2005 4:15PM Trinity Capital No0"' AGENDA ITEM #4D JANUARY 23, 2006 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least for injuries to persons in one accident, for injuries to any one person, and for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy.. i. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. ii. Renter agrees to indemnify and hold harmless the City form any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility• CrAntiestwk Sjrt-r j �nnlQJ. a444 iii. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: /A 1{',301,„`i5C11.0pA AAA - Stri) 2.t k .�=e a\_ . Gay. �tt�la �, f r — Nav Q Y\ 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. Sep.26. 2005 4:15PM Trinity Capital No.060 AGENDA ITEM #4D JANUARY 23, 2006 Control of Building: in renting said facility to Renter, the City does .not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion_ 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT; In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not_" IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its "CITY" TER" Atlantic Beach Athletic Assoc Balance Sheet As of December 31, 2004 Dec 31,'04 ASSETS Current Assets Checking/Savings SOUTHTRUST CHECKING 10,945.57 Total Checking/Savings 10,945.57 Other Current Assets Concession Starting Cash 375.00 Scholarship Funds 1,000.00 Total Other Current Assets 1,375.00 Total Current Assets Other Assets C.D. (90 day; expires 5/3100) Total Other Assets 12,320.57 -43.41 -43.41 TOTAL ASSETS 12,277.16 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 252.00 Total Accounts Payable 252.00 Total Current Liabilities 252.00 Total Liabilities 252.00 &WRY Opening Bat Equity 14,948.35 Retained Earnings -8,151.05 Net Income 5,227.88 Total Equity 12025.16 TOTAL LIABILITIES & EQUITY 12,277.16 AGENDA ITEM #4D JANUARY 23, 2006 Page 1 AGENDA ITEM #4D JANUARY 23, 2006 Atlantic Beach Athletic Assoc Summary Balance Sheet As of December 31, 2004 ASSETS • Current Assets CheckinglSavings Other Current Assets Total Current Assets Other Assets TOTAL ASSETS UABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Total Current Liabilities Dec 31, '04 10,945.57 1,375.00 12,320.57 -43.41 12,277.18 252.00 252.00 Total Liabilities 252.00 Equity 12,025.16 TOTAL LIABiLIT1ES & EQUITY 12,277.18 Atlantic Beach Athletic Assoc Profit & Loss January through December 2004 Jan - Dec '04 Wages Gross Concession Labor Andrew Marason 301.00 Ben Furtick 324.00 Brian Nicol 1,181.31 Caleb Sarvis 105.00 Danny Lynch 1,663.18 Luke Pritchett 228.00 Sean Synnes 2,055.06 Sean West 1,930.57 Total Concession Labor 7,788.12 Field Labor Danny Lynch 427.53 Jaynes Strutcheon 1,350.00 Patti Helmsworth 200.00 Sean Synnes 478.27 Total Field Labor 2,453.80 Total Gross 10,241.92 Medicare Concession Labor Andrew Merason -4.36 Ben Furtick -4.71 Brian Nicol -17.13 Caleb Sarvis -1.52 Danny Lynch -24.12 Luke Pritchett -3.32 Sean Synnes -29.81 Sean West -28.07 Total Concession Labor -113.04 Field Labor Danny Lynch -6.21 James Strutcheon -19.55 Patti Heknsworth -290 Sean Synnes -8.92 Total Field Labor -35.58 Total Medicare -148.62 Social Security Concession Labor Andrew Marason -18.66 Ben Furtick -20.07 Brian Nicol -73.22 Caleb Sarvis -6.51 Danny Lynch -103.13 Luke Pritchett -14.14 Sean Synnes -127.41 Sean Wert -119.72 Total Concession Labor Field Labor Danny Lynch James Strutcheon Patti He nnorth Sean Synnes -482.86 -26.52 -83.70 -12.40 -29.54 Total Field Labor -152.16 Total Social Security -835.02 AGENDA ITEM #4D JANUARY 23, 2006 Paget Atlantic Beach Athletic Assoc Profit & Loss January through December 2004 Jan - Dec 114 Withholding Field Labor James Strutcheon 0.00 Patti Helmsworth 0.00 Total Field Labor 0.00 Total Withholding 0.00 Total Wages 9,458.28 Total Expense 130,880.77 Net Ordinary Income 5,227.86 Net Income 6,227.86 AGENDA ITEM #4D JANUARY 23, 2006 Page 3 AGENDA ITEM #4D JANUARY 23, 2006 CERTIFICATE OF INSURANCE ISSUE DATE (MPNDO/YY) 2/04/05 PRODUCER K & K Insurance Group, Inc . 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' COMPANIES AFFORDING COVERAGE INSURED BABE RUTH LEAGUE, INC. COMPANY A GREAT AMERICAN ASSURANCE COMPANY LETTER PO BOX 5000 1770 BRUNSWICK AVENUE COMPANY B NATIONWIDE LIFE INSURANCE COMPANY LETTER TRENTON, NJ 08638 COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE P(x ICY NUMBER POLICY EFFECTIVE DATE (sawDD/YY) POLICY EXPIRATION DATE (iveWDDNY) LIMITS (in thousands General Liability General Aggregate $ NONE A J Commercial General Liability 12 : 01AM 12 : O1AM Products-Comp/Ops Aggregate $ 1000 • Claims Made [itOccur. MAC0566170701 2/01/05 2/01/06 Personal IL Advertising Injury $ 1000 • Owner's & contractors Prot. Each Occurrence $ 1000 • Fire Damage (Any one fire) $ 300 Medical Expense (Any one person) $ 5 Participant Legal L1abiltty $ 1000 A DArtyauto Automobile Liability MAC0566170701 12 : O1AM 2/01/05 12 : 01AM 2/01/06 Combined Single Lim 51000 ❑ In All owned autos Scheduled autos Bodily Injury (per person) $ ii ®Non Hired autos -owned autos Bodily Injury (per accident) $ • • Garage Liability Property Damage $ El • Liability Other than Umbrella form Each Occurrence Occurrence Aggregate $ Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease -Policy Limit $ Disease -Each Employee AD&D $ 10 B Participant 12:01AM 12:01AM Primary Medical $ 250 Accident _ SPP0001031000 2/01/05 2/01/06 Excess Medical $ NONE Weeidy Indemnity $ XNONE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS ADDITIONAL INSURED: ANY PERSON, ORGANIZATION SPONSORING OR PROVIDING THE PREMISES FOR BABE C)PERATTCSNG, ATTT sC)T.PT.Y AR RRHPF.CTS THE OPERA^T()NR OR ENTITY ENGAGED IN RUTH BASEBALL/SOFTBALL nW TNR NAMFi7 jNS[Q1 D CERTIFICATE HOLDER CANCELLATION ATLANTIC BEACH ATHL ASSOC BABE RUTH LG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS Todd, Christopher M. 1835 Spiceberry Circle West Jacksonville, FL 32246 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORED REPR TIVE 1-92 AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: AGENDA ITEM #4E JANUARY 23, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Asphalt Repairs for the Public Works/Utilities Department Rick Carper, P.E. Director of Public Works January 17, 2006 The City's current contract with Tom's Asphalt Repairs, Inc. for small asphalt paving repairs expires on February 28, 2006. We have contacted Mrs. Nancy Miller, President of Tom's Asphalt Repairs, Inc., and she has agreed to extend the contract for another year at the current prices. The City has the option of extending the current contract for two (2) one (1) year periods. This proposed extension will be the first. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: BUDGET: Letter signed by Nancy Miller, President of Tom's Asphalt Repairs, Inc. agreeing to the extension. 05/06 Budget 001-5002-541.34-00 470-0000-538.34-00 400-5504-533.34-00 Total REVIEWED BY CITY MANAGER: $ 10,000.00 10,000.00 2,000.00 $22,000.00 January 4, 2006 Nancy Miller President Tom's Asphalt Repairs, Inc. 7135 Beach Blvd, Jacksonville, Florida 32216 Dear Mrs. Miller: AGENDA ITEM #4E JANUARY 23, 2006 DEPARTMENT OF PUBLIC WORKS 1200 SANDPIPER LANE ATLANTIC BEACH, FLORIDA 32233-4318 TELEPHONE: (904) 247-5834 FAX: (904) 247-5843 SUNCOM: 852.5834 http://ci.atlantic-beach,fi us As you are aware, the contract with the City of Atlantic Beach for asphalt repairs expires on February 28, 2006. We would like to extend the contract for another year at the current prices, if this is acceptable to your company. If acceptable, please sign below and return to me before January 27, 2006, so 1 can prepare a staff report for the City Commission to accept the extension. We look forward to recommending that we continue our contract with your company. Si e ly .) Phil Nadine Streets and Maintenance Division Director TOM'S ASPHALT REPAIRS, INC. AGREES TO EXTEND THE CONTRACT FOR ONE YEAR FOR THE SAME PRICE. Nancy Miller, President Date AGENDA ITEM #6A JANUARY 23, 2006 RESOLUTION NO: 06-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to the infrastructure, housing stock and employment base from a series of natural disasters in the past two years; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent 011 other governmental entities for fmancial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW THEREFORE BE IT RESOLVED, by the City Commission of the City of Atlantic Beach: SECTION 1. That the City of Atlantic Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive legislative reform package that: • Preserves municipal autonomy and protects the fundamental right of voluntary self- government. • Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters. • Preserves municipal tools for community redevelopment and urban revitalization. • Provides a dedicated and recurring revenue source for municipal transportation projects. • Preserves dedicated funding for local affordable housing programs. • Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances. • Provides a comprehensive and uniform workers' compensation system. 1 AGENDA ITEM #6A JANUARY 23, 2006 SECTION 2. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Legislature. 2006. PASSED AND ADOPTED by the City of Atlantic Beach, this day of ATTEST: DONNA BUSSEY DONALD M. WOLFSON City Clerk Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7A JANUARY 23, 2006 CITY OF ATLANTIC BEACH CITY COMMISSIONER MEETING STAFF REPORT AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: BUDGET: ATTACHMENTS: RECOMMENDATION: CITY MANAGER: Mayor and City Commission Pay Adjustments 0 George Foster, Human Resource Manager January 17, 2006 In October 2002, Section 2-20 of the City Code was changed to require annual reviews and adjustment of the Mayor and Commissioners' salary starting in November 2003 and in October thereafter. Based upon this action, the salary of the Mayor and Commissioners has been adjusted as follows: EFFECTIVE 10/05 10/04 11/03 09/00 1993 MAYOR $ 10,772 $ 10,464 $ 10,159 $ 10,000 $ 5,000 COMMISSIONER $ 6,556 $ 6,365 $ 6,180 $ 6,000 $ 2,500 Section 2-20 of the City Code requires that salary be adjusted using the "same cities" as included within the prior year's survey. As participation within these surveys is on a voluntary basis, the number of "same cities" is becoming increasingly small and may no longer be statistically valid. Funds for this action will be included within the FY06/07 Budget. 1. Ordinance 5-06-45 2. CPI -U information Conduct first reading Ordinance 5-06-45 that will, effective October 1, 2006, and annually thereafter, adjust the salary of the Mayor and City Commissioners using the CPI -U for the South Region area for the previous 12 month period. The CPI -U represents the buying habits of about 87% of all urban consumers within the total U.S. population. Pay increases for the Mayor and Commissioner would be limited so as to not exceed the cost of living adjustment provided to general City employees and would be effective on October 1st of each year. AGENDA ITEM #7A JANUARY 23, 2006 Comparison of Possible Methods to Increase Mayor and Commission Salaries Year Mayor Salary Commission Salary % Increase Dollar Increase Mayor Salary/ Commission Salary A. Same Percentage Increase Present $10,772 $6,556 3.00% NA 1.64 Year 1 $11,095 $6,753 3.00% NA 1.64 Year2 $11,428 $6,955 3.00% NA 1.64 Year 3 $11,771 $7,164 3.00% NA 1.64 Year4 $12,124 $7,379 3.00% NA 1.64 Year 5 $12,488 $7,600 3.00% NA 1.64 B. Same Dollar Raise Present $10,772 $6,556 NA 1.64 Year 1 $10,968 $6,752 NA $196 1.62 Year2 $11,170 $6,954 NA $202 1.61 Year 3 $11,379 $7,163 NA $209 1.59 Year 4 $11,594 $7,378 NA $215 1.57 Year 5 $11,815 $7,599 NA $221 1.55 AGENDA ITEM #7A JANUARY 23, 2006 ORDINANCE NO. 5-06-45 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach provides comparisons of the salaries of elected officials throughout the State of Florida; and WHEREAS, in October 2002, the City Commission changed the City Code to require annual reviews and adjustments of the Mayor's and City Commissioners' salary starting in November 2003 and in October thereafter; and WHEREAS, the City Commission established pay adjustments to be in accordance with the average salary reflected in the Florida League of Cities Cooperative Salary Survey, Group II, for cities of 10,000 to 49,999 population adjusted to delete full time positions and compare only the same cities as included within the prior years surveys; and WHEREAS, participation within the Florida League of Cities surveys from year to year from the same cities is becoming increasingly small and may no longer be statistically valid; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Section 2-20 of the Code of Ordinances of the City of Atlantic Beach, is hereby amended to read as follows: Sec. 2-20. Salary of members. (a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted to the average salary reflected in the Florida League of Cities Cooperative Salary Survey, Group II, for cities of ten thousand (10,000) to forty nine thousand, nine hundred ninety nine (49,999) population, adjuated to delete full time positions and compare only the same cities as included within the prior year's surveys by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on November 1 in the year 2003, and-er1 October 1 of each year thereafter. Page 1 of 2 Page Two Ordinance No. AGENDA ITEM #7A JANUARY 23, 2006 (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all City employees. Section 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of , 2006. Donald M. Wolfson Mayor, Presiding Officer ATTEST: Donna Bussey City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM #7A JANUARY 23, 2006 CONSUMER PRICE INDEX (Reference: www.bls.gov/) The Consumer Price Index (CPI) is a measure of the average change in prices over time of goods and services purchased by households. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) the CPI for Urban Wage Earners and Clerical Workers (CPI -W), which covers households of wage earners and clerical workers that comprise approximately 32 percent of the total population and (2) the CPI for All Urban Consumers (CPI -U) and the Chained CPI for All Urban Consumers (C -CPI- U), which cover approximately 87 percent of the total population and include in addition to wage earners and clerical worker households, groups such as professional, managerial, and technical workers, the self- employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPIs are based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and other goods and services that people buy for day-to- day living. Prices are collected in 87 urban areas across the country from about 50,000 housing units and approximately 23,000 retail establishments - department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. Prices of fuels and a few other items are obtained every month in all 87 locations. Prices of most other commodities and services are collected every month in the three largest geographic areas and every other month in other areas. Prices of most goods and services are obtained by personal visits or telephone calls of the Bureau's trained representatives. In calculating the index, price changes for the various items in each location are averaged together with weights, which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. For the CPI -U and CPI -W separate indexes are also published by size of city, by region of the country, for cross -classifications of regions and population -size classes, and for 27 local areas. Area indexes do not measure differences in the level of prices among cities; they only measure the average change in prices for each area since the base period. For the C -CPI -U data are issued only at the national level. It is important to note that the CPI -U and CPI -W are considered final when released, but the C -CPI -U is issued in preliminary form and subject to two annual revisions. The index measures price change from a designed reference date. For the CPI -U and the CPI -W the reference base is 1982-84 equals 100.0. The reference base for the C -CPI -U is December 1999 equals 100. An increase of 16.5 percent from the reference base, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period market basket of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. AGENDA ITEM #7A JANUARY 23, 2006 Regions Defined The states in the four regions shown in Tables 3 and 6 are listed below. The Northeast --Connecticut, Maine, Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode Island, and Vermont. The Midwest --Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The South --Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia. The West --Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. A Note on Seasonally Adjusted and Unadjusted Data Because price data are used for different purposes by different groups, the Bureau of Labor Statistics publishes seasonally adjusted as well as unadjusted changes each month. For analyzing general price trends in the economy, seasonally adjusted changes are usually preferred since they eliminate the effect of changes that normally occur at the same time and in about the same magnitude every year - such as price movements resulting from changing climatic conditions, production cycles, model changeovers, holidays, and sales. The unadjusted data are of primary interest to consumers concerned about the prices they actually pay. Unadjusted data also are used extensively for escalation purposes. Many collective bargaining contract agreements and pension plans, for example, tie compensation changes to the Consumer Price Index unadjusted for seasonal variation. Seasonal factors used in computing the seasonally adjusted indexes are derived by the X-12- ARIMA Seasonal Adjustment Method. Seasonally adjusted indexes and seasonal factors are computed annually. Each year, the last 5 years of seasonally adjusted data are revised. Data from January 2000 through December 2004 were replaced in January 2005. Exceptions to the usual revision schedule were: the updated seasonal data at the end of 1977 replaced data from 1967 through 1977; and, in January 2002, dependently seasonally adjusted series were revised for January 1987 -December 2001 as a result of a change in the aggregation weights for dependently adjusted series. For further information, please see "Aggregation of Dependently Adjusted Seasonally Adjusted Series," in the October 2001 issue of the CPI Detailed Report. The seasonal movement of All items and 54 other aggregations is derived by combining the seasonal movement of 73 selected components. Each year the seasonal status of every series is reevaluated based upon certain statistical criteria. If any of the 73 components change their seasonal adjustment status from seasonally adjusted to not seasonally adjusted, not seasonally AGENDA ITEM #7A JANUARY 23, 2006 adjusted data will be used for the last 5 years, but the seasonally adjusted indexes will be used before that period. Note: 43 of the 73 components are seasonally adjusted for 2005. Seasonally adjusted data, including the All items index levels, are subject to revision for up to five years after their original release. For this reason, BLS advises against the use of these data in escalation agreements. Effective with the calculation of the seasonal factors for 1990, the Bureau of Labor Statistics has used an enhanced seasonal adjustment procedure called Intervention Analysis Seasonal Adjustment for some CPI series. Intervention Analysis Seasonal Adjustment allows for better estimates of seasonally adjusted data. Extreme values and/or sharp movements which might distort the seasonal pattern are estimated and removed from the data prior to calculation of seasonal factors. Beginning with the calculation of seasonal factors for 1996, X-12-ARIMA software was used for Intervention Analysis Seasonal Adjustment. For the fuel oil, utility (piped) gas, motor fuels, and educational books and supplies indexes, this procedure was used to offset the effects that extreme price volatility would otherwise have had on the estimates of seasonally adjusted data for those series. For the Nonalcoholic beverages index, the procedure was used to offset the effects of labor and supply problems for coffee. The procedure was used to account for unusual butter fat supply reductions, changes in milk supply, and large swings in soybean oil inventories affecting the Fats and oils series. For Dairy products, it mitigated the effects of significant changes in milk, butter and cheese production levels. For Fresh vegetable series, the method was used to account for the effects of hurricane -related disruptions. For Electricity, it was used to offset an increase in demand due to warmer than expected weather, increased rates to conserve supplies, and declining natural gas inventories. For new vehicle series, the procedure was used to offset the effects of a model changeover combined with financing incentives. Consumer Price Index data are scheduled for release remainder of 2006: Feb. 22 Mar. 16 Apr. 19 May 17 June 14 July 19 Aug. 16 Sep. 15 Oct. 18 Nov. 16 Dec. 15 Jan. 18, 2007 For additional information on seasonal adjustment in the CPI, please write to the Bureau of Labor Statistics, Division of Consumer Prices and Price Indexes, Washington, DC 20212 or contact Daniel Chow on (202) 691-6968 by e-mail at Chow.Daniel@bls.gov. If you have general questions about the CPI, please call our information staff at (202) 691 - 7000. AGENDA ITEM #7B JANUARY 23, 2006 ORDINANCE NO. 20-06-74 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. 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 nature of budgetary systems and those day to day decisions affecting such budgetary systems require adjustments from time to time. 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 2005/2006 Final Budget be amended as follows: General Fund Expenses: Public Works Streets Division Capital Outlay — Improvements 94,000 Planning Department Contract Services 45,000 Total Expenses: $139,000 Change in Fund Balance <$139,000> Half Cent Discretionary Sales Tax Fund Expenses: Capital Outlay Capital Outlay — Improvements 58,000 Change in Fund Balance: <58,000> Tree Proteetiun Fund Expenses: Operating Expenses Contract Services 15,000 Change in Fund Balance <15,000> AGENDA ITEM #7B JANUARY 23, 2006 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 9th day of January, 2006. Passed by the City Commission on second and final reading this day of January, 2006. Donald M. Wolfson Mayor / Presiding Officer Approved as to form and correctness: AT [EST: Alan C. Jensen, Esquire City Attorney ORDINANCE NO. 20-06-74 Page 2 Donna Bussey City Clerk AGENDA ITEM #8A JANUARY 23, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from DRMP, Inc. on behalf of Dunkin Brands, Inc. for a Waiver from Section 24-111 (b) of the Land Development Regulations (the Commercial General District regulations) to allow a Permitted Use (a Dunkin' Donuts restaurant) to have late hours of operation for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard. Also included is a request for a Use -by -Exception to allow drive-through service. SUBMITTED BY: Sonya Doerr, AICP y2,� Community Development Director DATE: January 12, 2006 BACKGROUND: Dunkin' Donuts will soon be constructing a new location within the City of Atlantic Beach at Sailfish Drive and Atlantic Boulevard. The site is within the Commercial General (CG) Zoning District, and the use is peitnitted. The owners wish to operate this as a 24- hour, seven day per week location, and the CG regulations contain the following limitation. Sec. 24-111. Commercial General Districts. (CG) (b) Permitted Uses. The typical Uses permitted within the CG Zoning Districts shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such Uses that have the potential for negative impact to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation... While a 24-hour business would be considered as having extremely late hours of operation, staff does not believe that a coffee and donut shop is the type of business, which was intended to be limited by this restriction. The new owners have also requested a Use -by -Exception to allow for drive-through service at this location. The CG regulations require approval of a Use -by -Exception for restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business. The request will be heard go before the Community Development Board at their January 17th meeting. Staff will provide the CD Board's recommendation related to the Use -by -Exception at the January 23rd City Commission meeting. BUDGET: No budget issues. RECOMMENDATION: Motion to approve a Waiver from Section 24-111 (b) of the Land Development Regulations to allow a Dunkin' Donuts restaurant to have 24-hour business operations for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard, finding that the requested waiver conforms to the intent and spirit of the Land Development Regulations. ATTACHMENTS: Application for Waiver from Land Development Regulations and application for Use -by -Exception. REVIEWED BY CITY MANAGER: January 23, 2006 regular meeting AGENDA ITEM #8A JANUARY 23, 2006 APPLICATION FOR WAIVER FROM A PROVISION OF THE LAND DEVELOPMENT REGULATIONS City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us Date January 12, 2006 File No. Receipt Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. 1. Applicant's Name DRMP, Inc. for Dunkin Brands, Inc. 2. Applicant's Address 3611-14 St. Johns Bluff Road South Jacksonville, FL 32225 3. Property Location 719 Atlantic Blvd. (north west corner of Sailfish Drive and Atlantic Blvd.) 4. Property Appraiser's Real Estate Number 177653 0010 5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation Commercial 7. Requested provision(s) from which waiver is sought: Request for a Waiver from Section 24-111.(b) of the Land Development Regulationssthe Commercial General District regulations) to allow a Pei iuitted Use (a Dunkin' Donuts restaurant) to have late hours of operation for a site to be redeveloped at the northwest corner of Sailfish Drive and Atlantic Boulevard 8. Size of Parcel 150' x 150' 9. Utility Provider City of Atlantic Beach and JEA 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. Please use second page is additional space is needed. The demand for our primary products — coffee, donuts and breakfast sandwiches — occurs between 5:30 AM and 8:30 AM. The very nature of our business is to provide a quick, on the go early morning beverage and breakfast and to meet a secondary demand for late night snacks. Preparation of our bagels, muffins and croissants must begin at 1:00 AM to make fresh-baked products available to customers on their way to work. We would like to operate 24 hours a day/ 7 day a week. AGENDA ITEM #8A JANUARY 23, 2006 APPLICATION FOR A USE -BY -EXCEPTION City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us Date January 12, 2006 File No. 1/36- Z 006 — Q/ Receipt 1. Applicant's Name DRMP, Inc. for Dunkin Brands, Inc. 2. Applicant's Address 3611-14 St. Johns Bluff Road South Jacksonville, FL 32224 3. Property Location 719 Atlantic Blvd. (northwest corner of Sailfish Dr. and Atlantic Blvd.) 4. Property Appraiser's Real Estate Number 177653 0010 Block No. Lot No. 5. Current Zoning Classification CG 6. Comprehensive Plan Future Land Use designation Commercial 7. Requested Use -by -Exception Section 24-111 (c) (4) of the Land Development Regulations (the Commercial General District regulations) to allow a permitted use (a Dunkin' Donuts restaurant) to Have a drive thru. 8. Size of Parcel 150' x 150' 9. Utility Provider City of Atlantic Beach/ JEA 10. Statement of facts and special reasons for the requested Use -by -Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by Lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.) e. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: rea_'Pc 2 Cr P, TEAc_ Printed or typed name(s): Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Brea Paul, DRMP, Inc. Mailing Address: 3611-14 St. Johns Bluff Road South, Jacksonville, FL 32224 Phone: (904)493-6500 FAX: (904)493-6501 E-mail: bpaul(&,drmp.com AGENDA ITEM #8A JANUARY 23, 2006 Other information you may wish to provide: A drive-thru window provides a convenient and safe method of delivering our products to our customers. The primary reason for our existence is the sale of coffee and donuts; these are items that are typically consumed off-site and 011 the go. When given the choice, our customers have demonstrated a preference for drive-thru service. In this part of the country, a large percentage of our locations run as much as 70% of their service through the drive- thru window. Without this feature, a Dunkin DonutsBaskin Robbins will not be able to serve out customers with the speed or convenience they expect, and we will not be in a position to compete with other quick -service facilities with drive-thru windows in the area. AGENDA ITEM #8A JANUARY 23, 2006 F IAN ta 11= 11 11=1-11 I= =1117 711 I- =1 1 1 11 1 I I—:1 1 1=1 1 1— I I-1 1 1— —1 11— —1 11— —1 11— II—_ —III— —III— —III— —111— —1 1!1— —111= =111= =III= =111= =1 11 1-1 1 1— —1 11— —1 11— —11 1— �1 I 1=1117-- —1 11— —1 11— —1 11- yl— —111— —Ill— —I11— —I��— —� :1-7r: L_---- SAILFISH DRIVE (60' R/6J) - cF 1- a 9 CO" NORTH BEACH .ENGINEERING , CONORTI. -CENT CV WIN 411.11 CONSTRUCTION PUNS FOR DUNKIN' DONUTS JACKSONVILLE, FLORIDA SITE PLAN SCALE 1"=10' REVISIONS K00 Dr. DAZE �OON,aN DRANN JHV DO NOT SCALE OLS NUM - Du➢9cnS ADA NODES TAPE PRETERENCE CIECKED BY. AGENDA ITEM #8A JANUARY 23, 2006 DRMP ...ten•-a...rn.. n*.. • ulIan. 3611-14 St. Johns Bluff Road South Jacksonville, Florida 32224 904-493-6500 Fax: 904-493-6501 Dunkin Donuts PIN 177653 0010 Duval County Scale NTS DRMP 11241 Jan 2006 ®urs us fi St. Augustine, Florida January 3, 2006 The Honorable Don Wolfson, Mayor City of Atlantic Beach 800 Seminole Road Atlantic Beach FL 32233 Dear Don: CC TO: ❑ City Coon - ❑ City Manager 0 City Attorney ❑ Press Date: te: AGENDA ITEM #8B JANUARY 23, 2006 Office of the Mayor Attached is a proposed resolution supporting St. Augustine's request for an annual State Legislative appropriation for the preservation, protection and promotion of 33 state-owned historic properties in our city. We'd appreciate your adoption of this resolution in support of our efforts to maintain the heritage program of our Nation's Oldest City. Our proposal mirrors annual funding provided for Pensacola's heritage program, which includes 20 state-owned properties. St. Augustine receives no direct state support. Our city spends $1.6 million a year on our heritage program, but with a much greater number of visitors and historic properties, it's not enough to adequately preserve, protect and promote our priceless resources. With four National Historic Register Districts, 31 National Historic Register sites and buildings, 41 colonial -era buildings and monuments, and 1,100 buildings listed as contributing to the significance of these historic districts, our Nation's Oldest City is a National Treasure that belongs to our region, our state and our nation. St. Augustine's historic sites and buildings include the largest single resource in our nation representing the contributions of Spain and the Spanish-speaking people to the settlement and development of the United States. Adoption of this resolution by the City of Atlantic Beach will be a tremendous help in this effort. Please send it o the City of St. Augustine, Box 210, St. Augustine FL 32085. With best r` George ardner 75 King Street, 32084 - EO. Box 210, 32085 - Office 904/825-1005 - FAX 904/825-1096 AGENDA ITEM #8B JANUARY 23, 2006 RESOLUTION WHEREAS, St. Augustine, the Nation's Oldest City, is a national historic treasure that belongs to our region, our state and our nation, and WHEREAS, St. Augustine's historic sites and buildings include the largest single resource in our nation representing the contributions of Spain and the Spanish-speaking people to the settlement and development of the United States, and WHEREAS, in the City of St. Augustine there are four National Historic Register Districts, 31 National Historic Register sites and buildings, 41 colonial -era buildings and monuments, and 1,100 buildings listed as contributing to the significance of these historic districts, and WHEREAS, thirty-three of these historic properties in St. Augustine are owned by the people of Florida, but are without direct legislative support, and WHEREAS, the success of a dynamic maintenance, archeological and interpretative program has been proven through annual legislative funding of more than one million dollars to Pensacola's heritage program, supporting 20 state-owned historic properties, and WHEREAS, the historic resources of St. Augustine attract an estimated five million visitors annually, benefiting our region and the entire State of Florida; NOW, THEREFORE, we endorse and support the City of St. Augustine's request to the Legislature of the State of Florida, to provide an annual appropriation sufficient to preserve, protect and promote these historic resources, as our state's investment in the rich history - and interpretation of that history - in our Nation's Oldest City. IN WITNESS WHEREOF, we have hereunto set our hands and caused the official seal of the <City, County> of <City, County> to be affixed on this day of 2006. MEL MARTINEZ FLORIDA (202) 224-3041 Cc TO: city Commission - ❑ C`..y Manager ❑ City Attorney 0 Press Lid File Dater l rT� 't . j 'United cStatez OSenate Mr. Jim Hanson CIty Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5455 Dear Mr. Hanson: WASHINGTON, DC 20510-0906 November 18, 2005 AGENDA ITEM #8C JANUARY 23, 2006 COMMITTEES: AGING BANKING ENERGY AND NATURAL RESOURCES FOREIGN RELATIONS RECEIVED OFFICE OF THE CITY CLERK Thank you for contacting me regarding the Broadband Investment and Consumer Choice Act. I appreciate hearing from you and would like to respond to your concerns. The Telecommunications Act of 1996 was intended to create a level playing field for all telecommunications services in order to promote competitive markets. However, many companies found loopholes in this act that permitted them to develop a less competitive marketplace for consumers and new entrants. New technologies, such as broadband, are providing consumers more options for how they communicate. Now the Telecommunications Act of 1996 is outdated and newer technologies have spurred the need to update these rules and regulations if the United States is going to remain competitive with foreign markets. As you may already know, Senator John Ensign (R -NV) introduced, and I have co-sponsored, the Broadband Investment and Consumer Choice Act (S. 1504) on July 27, 2005. This legislation would establish a market driven telecommunications marketplace to encourage investment, innovation, competition and equality among existing and new companies. S. 1504 would also ensure that multichannel distributors have greater access to programming. The Broadband Investment and Consumer Choice Act was referred to the Senate Committee on Commerce, Science, and Transportation. I understand that establishing a level playing field for distributors and consumers is vital to the telecommunications programming market. I believe that S. 1504 addresses the impact of new technology in our society on telecommunications competition. Broadband investment will promote more competition among providers, which will aid in delivering higher quality services and more choices for ali consumers. Please know that I will continue to support S. 1504 and any related legislation as we proceed in the 109th Congress. Again, thank you for sharing your views with me. If you have any additional questions or comments, please do not hesitate to contact me. Sincerely, Mel Martinez United States Senator MM/wcn September 27, 2005 The Honorable Mel Martinez United States Senate 1650 Prudential Drive, Suite 220 Jacksonville, FL 32207 RE: Broadband Investment and Consumer Choice Act Dear Senator Martinez; AGENDA ITEM #8C JANUARY 23, 2006 CITY OF ATLAI. 11 V LL' L 1l 11 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5455 1'JLEPHONE: (904) 247-5800 ' FAX: (904) 247-5805 SUNCOM: 852-5800 www.coab.us Attached you will find a copy of a resolution unanimously adopted by the Mayor and Commission of the City of Atlantic Beach on September 26, 2005 opposing the proposed "Broadband Investment and Consumer Choice Act" (S1504). We understand that a similar piece of legislation has been introduced in the House under the title of the "Video Choice of 2005". The Broadband Investment and Consumer Choice Act would preempt city and county franchise agreements with cable television providers, thereby removing many important consumer protections that are included in those agreements. It would take away a considerable amount of authority from cities and counties to regulate the use of public right-of-ways. It would also place limitations on franchise fees which would reduce the revenues currently received by local governments and would set a precedent for other utilities to demand similar deductions. The net effect of these changes would be a massive shift in who pays for local government services and a major subsidy to the telecommunications industry. This resolution requests that you oppose this or other similar legislative proposals that may be brought for your consideration. If you have any questions or need any additional information please let me know. I am, Very truly yours, im Hanson City Manager cc: Mayor and Commission Florida League of Cities