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