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04-01-94used during a work session by the city. This stated that for fiscal year 92/93 the city had annual base wages for the Pite Department of 9296,265, end that it proposed an increase to 6306,192. Th1e 1s an increase of 49,427, or en inccease of 3.lBt over 92/93. At the Impasse Hearing for Public Works the following was done, 1. The step plan that was in effect as of October 1, 1993 was funded with flue (58) percent etepa from October 1, 1993 through September 30, 1994. The amount of money that this entailed wea subtracted from the 358,041 that was budgeted by the city for salary enhancements for flacal year 93/94. 2. Any member of the Public Worke Bergaining Unit that had topped out on the step plan, and would not be getting a step increase 1n 93/94, would receive a three (34) percent one time bonus. The amount of money St would take to fund this was aubtcacted from the 358,041. 3. The amount of money that was remaining after Items 1 6 2 above were done was divided among the unit members in a one-time bonus check. The entire 358,041 was utilized. At the Fire Department Impasse Hearing the City proposed the same package for the Fire Department. 1. The Step plan that wea in place on September 30, 1993 would be funded at the establlehed 4.84 percent steps from October 1, 1993 through September 30, 1994. The Fire Department steps ere only 4.8 percent as they have only e seven (7) year step plan were Public Works hea a twelve (12) year step plan. 2. The amount of money needed to fund these steps for employees from October 1, 1993 through September 30, 1994 will coat 55,398.48. This amount wea then subtractetl from the 39,427 that was budgeted for salary enhancements for the P1re Cepartment for flacal year 93/94. 3. The remaining money, 99,028.52 was then divided among the bargaining unit members Sn one-time bonus checks in the amount of 5335.71 per member. It 1s my understanding that the P1re Unit thought that the City was to fund the steps for 93/S9, Sn the amount of 55,398.48 ea the city had been giving step raises to employees ae their enniversery dates came prior to the Smpesae hearing, and that this money wee not to come from the 59,927 that was budgeted, but was to be In addition to the budgeted amount. The ccnf uslon with the report in the news media of a three (34) percent raise came from the medles iota-pretatlon of the summary CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING TUESDAY, MAY 3, 1994, 4:30 PM AGENDA call to order 1. Discussion and clarification of action taken at Fire Department Impasse Nearing on Apzil 12, 1994 2. Discussion and instruction to City Attorney relative to Ortega Industrial Contractors vs. City of Atlantic Beach 3. Any other business Adjournment N ~l~ c Ccy" ,. rye ~~~ U ~c~~ ~~ ~' CITY OF Pf~artle ~[auF - ~letcila ~~~~ wu~a ~__-_-__.______ ATLIYfIC EFX.71.fl.ORm1J2i1}SMS ^ IIIFAp~I? IMq JfFSlBi ~ 1 iAr 19N12(FSIS April 29, 1994 To: The Honorable Mayor and City Commission From: Maureen King, City Clerk Subject: Special Called Meeting You will recall at the last regular meeting the City Attorney requested that a meeting be scheduled for the purpose of discussing Ortega Industrial Contractors vs. the City of Atlantic Beach. This meeting has been scheduled for 4:30 PM on Tuesday, May 3, 1994, the time previously scheduled for a Strategic Planning Session to discuss the General Fund of the 1993 city budget. A question has arisen regarding the Fire Department pay plan which was approved at the impasse hearing and the City Manager has requested that this matter be clarified and this will also be before you on Tuesday. A summary of the action taken by the City Commission has been prepared by Capt. Campbell and is enclosed herewith. If you have any questions regarding this matter, please do not hesitate to contact Capt. Campbell or Jim Jarboe. It is hoped these matters can be dispensed with quickly and the strategic planning session can sti21 be held following the Special Called Meeting. CITY OF J~aKtie $eaek - ~leteda ~ sFME`oEe wi.n ~_-._____ _._ .____ ATLA.MFIC BiACTi, fla11M 132~}SKS TF1.FAl0t•E 11011 NLl000 ~F ` FA%11M/3lFSi5 April 29, 1994 To: The Honorable Mayor and City Commission From: Maureen King, City Clerk Subject: Special Called Meeting You will recall at the last regular meeting the City Attorney requested that a meeting be scheduled for the purpose of discussing Ortega Industrial Contractors vs. the City of Atlantic Beach. This meeting has been scheduled for 4:30 PM on Tuesday, May 3, 1994, the time previously scheduled for a Strategic Planning Session to discuss the General Fund of the 1993 City budget. A question has arisen regarding the Fire Department pay plan which was approved at the impasse hearing and the City Manager has requested that this matter be clarifSed and this will also be before you on Tuesday. A summary of the action taken by the City Commission has been prepared by Capt. Campbell and is enclosed herewith. If you have any questions regarding this matter, please do not hesitate to contact Capt. Campbell or Jim Jarboe. It is hoped these matters can be dispensed with quickly and the strategic planning session can still be held following the Special Called Meeting. ~i'~1 ~l C . ~~ , JU ~ : 7 r ~ ~ O /, A,c., ~k ~ . 1994 EnTRA a a g a a a ~ryyr~~ £~ ~~ a e~ n a ~~ s~ ~~ z ~ ~~ y= g~ ~ ~ ~~ ~~ c: s c a ~g~~ S ~~_ c ~ # g $ ~ ., : ~K ~ a$~ s ~ ~~ a€ a~ W d ~~ ~~pR ~~ ~ ~~~ ~4~ E~g ~~ a ~~$ mu ~gr, ~ ~ 9~g $ g s _ sge 51~~ ~ S'~~~ 3 ~~~ ~~ ~~~ ~~ ~~ ggg°y$$$ b y ~ ga 7$ _~~ ~4Y ~ 09 Y% a g a • ~ N ~~ '~ a 4 ~:. r ~~. ~~ ~ qdg s~g~ ~~ ~~ a Ga ~~ ~°~~ ~~ ~~ ®~ ~a ~~~~ YI F ~ $ ~ a~ 4~ ag t ® 3~~~ ~~~ ~~ ~} ~~ m ~~ ~~~~ a ~~ q~ ~~ ~ ~m€ 9 ~~ 8~ ~ ~~ ^~~`, ~c ~ a rp~ e ~~_~ ~ ~~ ~Q ~ g~ ~~~ E ~s~5 ~ QE ,_ tl !6 c~a ~ a Y 6a d~ ~ y~ ~~ a d ~_ ~~ a ° ~a ~~9 4g~ ~B ~ ~ q ~e $~c Q~ ~~ ~ ~g ~~ ~~ ~@9~ ~~x~ ~ ~f ~~~ ~ a g~ a r°g ~ ~~ 6 ~~ ~G ~ ~~ ~ - a .~ .t .. _ } ~ _i~_a%r...__....:.~ _ti. ..., ,s €3 .~~ ,, ,~~ r.~-. ~~ '~. IM r~~ Area Syr N~ I ~~/ ~%~ ~; 1 I ~- [ d ~ __ ~~ ~ ~ I All[ i I Ian CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Expansion of CDBG target area //~~ /,`_r~ SUBMITTED BY: George Worley, Community Development Director Cti~ ~(J DATE: April 21, 1994 BACKGROUND: One of the items included in the application for next years CDBG contract with the City of Jacksonville was a map showing the area west of Mayport Road which we recommend including as a part of the CDBG target area. This will allow us to conduct housing rehabilitations and related work in an area that suffers conditions similar to those in the current Donner target area. To designate the area, Jacksonville HUD must conduct a median income review of Lhe proposed target area to determine the percentage of low to moderate income families that reside there. RECOMMENDATION: In order to request Jacksonville to conduct the necessary income survey, ue request formal action by the City Commission designating that area as an expansion of the existing target area. This can be accomplished by a motion to that effect. The proposed expansion area is bounded on the north by Church Hoad, on the south by Levy Road, on the east by Mayport Road, and on Lhe west by Main Street. ATTACHMENTS: 1) Map of proposed expan on of targ a a. REVIEWED BY CITY MANAGER 6_~/~/Q ((~~ AGENDA ITEM KO.,~?' .. .._. .._.,. ._w:. ....._ ... ©~LT J The undersigned. having been duly wthorized by the City of Atlantic Brach, Florida (the 'City'), to execute this catifiate on behalf of the City, hereby (a) tettifies that he has reviewed the Preliminary Official Statemmb relating to the City's Fixed Rate Improvement and Refunding Revenue Bonds. Series 1994A (Flat Landing Project), and the City's Variable Rate 1)anand Improvement and Refunding Revaue Bonds, Series 19946 (Fleet Landing ProjeIX) (colladvdy, the 'Preliminary Official Sfakrttarts•) attached 6ceto as Attachment I and II, respectively, and (b) on behalf of the City approves the faro and caetem of the Preliminary Official Statemmts and dams such Preliminary Official Statements final as of thew dates fa purposes of Rule 15c2- t2 of the Securities and Exchange Commission, except fa such omissions permitted by Ruk ISc2-12. Name: Title: Ihte: ~.m[s a:wnw Enlubit A - Indlnlit2 of T[ust Exhibit B - lean AB+~t ~ Assigntnat[ of Reno and teemen A S i Exhibit C g ecut ry - Real Escne MonBa80. Fimttdng Staument Exhibit D - Ittevarabk Letter of Crcdit Exhibit E - Bpd Puir6ve Amt Exhibit F - Remari~uoB t Exhibit G - F~Crow ~~ Sit ~g to Saira A Hoods - ~®natY Exhibit H i - Prditoioary Official Statement telatin8 to Series B Bonds t [ Exhib Exhibit J - Rule lSc2-12 Certificate ~ana.nwnw ~n+r.,:Mpypwiumaoinaw SECTION 26. SEVERABILITY OF INVALID PROVISIONS. Tn case any one or more of the provisions of this Resolution stall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other ptovisiatu of this Resolution, aM this Resolution shall be construed and enforced as if such illegal or invalid provision had not been mobined herein. This Resolution is adopted and the Indenture and the Loan Agreement stall be euwmd, aM the Series 1994 Bonds shall be itatM, with the intent that the laws of the State shall govern their construction, except as shall otherwise be expressly provided by the terms thereof. SECTION 27. REPEALING CLAUSE. All resolutions or pans thereof N conflict herewith are hereby repealed. SEC7TON 28. EFFECClVE DATE. This Resolution shah talc; effect immediately upon iu adoption. PASSED AND ADOP'T'ED this _ day of May, 1994. CITY COMMISSION OF THE Cil'Y OF ATLANTIC BEACH, FLORIDA (OFFICIAL. SEAL) ATTEST: Afayor-Commissionu City Cleric Approved as to Form and Correcmeu: City Attorney c,wssiwnw .n. ~.iwwogeoi~ucoaicwv.~ I3 provision hereof, or of the Series 1994 Bonds, the Loan Agreement, the Indenture, the Mortgage, the Remarketing Agreement or the purchase Agreemrnt, all provisions hereof and thereof being igtrnded to be and being for the sole and exclusive benefit of the Issuer, the Community, Ne Trustee, the Remarketing Agrnt, the Registrar and Paying Agen[ and the ~B~ Purchaser (and subsequrnt owners from time to time of the Series 1994 Bonds). SECTION 22. PREREQUlSITFS PERFORMED. All acts, conditions and things relating to the passage of this Resolution, to the issuance, sale and delivery of the Series 1994 Bonds, to the execution and delivery of the Loan Agrmmrnt, the Indrnture, the Remarketing Agent, the Escrow Deposit Agreemrn[ and the Purchase Agreement, required by the Constitution or other laws of the State, to happen, exist and be performed precMertt to the passage hereof, and preadettt to the issuance, sate and delivery of the Series 1994 Bonds, to rue execution and delivery of the l.aen Agreemrnt, the indenture, the Remarketing Agreement, the Escrow Deposit Agreement and the Purchase Agreement, have either az so r aired or will have ~ exist and have been performed W happened, will exist and will have bcen performed prior to such execution and delivery. SEC'T'ION 23. COMPLIANCE W1TH CHAPTER 218, PART III, FLA. STATS. The Issuer hereby approves and authorizes the completion, execution and filing with the Division of Bond Finance, Departmrnt of Genetat Services of the State of Florida, at the expense of the Community, of advance notice of the impending sale of the Series 1994 goods, of Bond Information Form BF 2003 and of a copy of internal Revenue Service Form 8038, and any outer acts az may be necessary to comply with Chapter 218, Pan III, Florida Stamra, az arnertded. SECTION 24. GENERAL AUTHORITY. The commissioners, officials, attorneys, engineers or other agents or employees of the Issuer are hereby autlwrizffi m do all acts and things required of them by this Resolution, the Series 1994 Bonds, the Loan Agreemrnt, the Indenture, the Purchase Agreement, the Remarketing Agreertxnt and the Escrow Deposit Agreement and to do alt acts and things which ate desirable and consistent witf, the requirements hereof or of the Series 1994 Bonds, the Loan Agreement the Indenture, the Remarketing Agreement, the Escrow Deposit Agreement aM the Purct19V Agreement, for the full, punctual and complete performance of all the terms. covenants and agmments contained herein or in the Series 1994 goods, the Loan Agreement, the Indenture, tM Remarketing Agreement, the Escrow Deposit Agreemrnt and the Purchase Agreerttertt. SECTION 25. THIS RESOLUTION CONSIIIITCFS A CONTRACT Tbe Issuer covenants and agrxs that this Resolution shall constitute a contract between the Issuer and the Original Purchaser. and all subsequent owners from time to time of the Series 1994 Bonds, and that all covenants and agrcentrnts set forth herein and in the Series 1994 Bonds. the Loan Agreement, the Indenture, the Remarketing Agreement and the Purchax Agreement to be performed by the Issuer shag be for the equal and [arable benefit and security of rite Original Purchaxr and all subsequent owners from time to time of the Series 1994 Bonds, withou[ privilege, priority or distinction az to lien or otherwise of any of the Series 1494 Bonds over any other of the Series 1994 Bonds. 12 Remarketing Agreemrnt, Ne Escrow Deposit Agretrttent and the Purchase Agreement, and all documents contempbued thereby, in each case, subject to such changes and modification as such officers may approve, such execution m be concltrave evidence of any such approval, and m affix thereto or impress thereon, the seal of the Issuer. SECTION 19. AUTHORIZATION OF EXECUTION OF OTHER DOCUMENT'S, INSTRUMENTS, CONTRACTS AND CFRTIFTCATES. The officers, employees and agents of the Issuer and the Issuer are hereby authorized all directed to execute such documents, instruments and contracts. whether or not expressly contemplated heteby, and to do all acts and things requved by the proviaons of this Resolution and by the provisions of the Series 1994 Bonds, the Indenture, the Loan Agreement, the Mortgage, the Letter of Credit, the Remarketing Agreement, the Escrow Deposit Agreement and the Purchase Agreement wthorized herein, as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreematts herein and therein contained. or as otherwise may be necesssry or desvable to effectuate the purpose artd intent of this Resolution, or as may be requested by bond counsel, the Original Purchaser, the Bank, the Remarketing Agent, the Community, the Tnulce or the Registrar and Paying Agent. The Mayor-Commissioner and the City Clerk are hereby designated as the primary officers of the Issuer charged with responsibility of issuing tht Series 1994 Bonds, and the Mayor-Commissioner is hereby authorized to delegate to any other person any of the duties or authorisations of the Mayor-Commissioner or the City Clerk hereunder. SECTION 20. NO PERSONAL LLABLLITY. No representation, statement, covenant, warranty, stipulation, obligation or agreement he:eirt contained. or contained N the Series 1994 Bonds. the Loan Agreement, the Indenture, the Mortgage, the Letter of Credit, the Remarketing Agrcement, the Escrow Deposit Agreement, the Purchase Agreement a any certificate a' abet instrumrnt to be executed on behalf of the Issuer in catrtection with the issuance of the Series 1994 Bonds, shall be deemed to be a representation, statement, covenant, warranty, stipulation, obligation or agreement of any commissioner, officer, employee or agent of the Issuer N his or her individual capacity, and none of the foregoing persons nor any officer of the Issuer exeenung the Series 1994 Bonds, the Loan Agreement, the Indenture, the Remarketing Agreement, the Escrow Deposit Agreemrnt, the Purchase Agreemertt or any certificate or other instrument to be executed in connection with the issuance of the Series 1994 Balls shall be liable persauBy thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. SECTION 21. NO TT~IIRD PARTY BENEFICIARIES. Except as otherwise expressly provided herein or in the Series 1994 Bonds, the Loan Agrarrtertt, the Indenture, the Mortgage, the Remarketing Agreement or the Purchase Agreerttertt, nothing in this Resolution, or vt the Series 1994 Bonds, the Loan Agramertt, the indertmre, the Mortgage, the Remarketing Agreemrnt or the Purct194 Agreement, express or implied, is intended or shall be GDIIlttnetl [O confer upon any person, fun4 corporation or other organisation, other thw the Issuer, the Community, the Trustee, the Remarketing Agent, the Registrar and paying Agent attd the Origvtai Purchaser (and subsequent owners from time to time of the Series 1994 Bonds) any right, remedy or claim, legal or equitable, ender and by reason of this Resolution or any ll insertions and omissions and such filling of blanks therein az may tfe approved and made in such form of Escrow Deposit Agrcement by the Escrow Holdu, the Community and by either of the officer of the Issuer executing the same, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION l4. APPROVAL OF PRFrrxrrtapgy OFFICIAL STATEMENTS AND DESIGNATION. The Preliminary Official Statement relating to the Series A Bonds and the Preliminary Official Statement relating to the Series B Bonds (collectively, the 'Preliminary Official Statements'), substantially in the forms attached herero az Exhibit •H• and Exhibit'I,• respectively, with such changes, corrections, insertions and deletions az may be approved by the Mayor-Commissioner, such approval by the Mayor-Commissioner to be evidenced conclusively by the execution of a txatificate substantially in the form attached hereto az Exhibit 'J• is hereby approved and authorized. The Mayor-Commissioter is hereby authorized to approve the final forms and content of the final Preliminary Official Statemenu and to deem the same final az of their respxtive dates on behalf of the Issuer for purposes of Rule i5c2-12 of the Savrities and Exchange Commission and m execute a certifipte to Utat effect substantially in the form attached hereto az Exhibit 'J.' Use of the Preliminary Official Statements by the Original Purchaser to market the Series 1994 Bonds is hereby approved and authorized. SECTION I5. AUTHORIZATION OF FINAL OFFICIAL. STATEMENTS. A final Official Statement relating to the Series A Bonds, substantially in the form of the Preliminary Official Statement relating to the Series A Bonds, and a foul Official Statement relating to the Series B Honda, substantially in the form of the PreBminary Offcial Statement relating to the series B Bonds (collectively, the 'Official Statements'), with such changes. corrections, insutions and deletions az may be netxssary or desirable aM approved by the Maytn'- Commissioner, such approval by the Mayor-Commissioner to be evidertad conclusively by his execution of one or more copies thereof, is hereby approved and authorized, The Mayor- Commissioner is hereby authorized to evidence the Issuers approval of the final Official Statements by execution of orre or more copies [hereof in the manner provided herein. SECTION Ib. REGISTRAR AND PAYING AGENT. The Trustee, having its principal corporate trust office in Jacksonville, Florida, is hereby appointed to serve az the initial Registrar and Paying Agent for the Series A Bonds tinder the Itrdenturc. New York, New York, having its principal corporate true office in New York City, is hveby appointed to serve az the initial Registrar aM Paying Agextt for the Series B Bonds under the Indenture. sECTTON 17. ASSIGNMENT OF LOAN AGREEMENT. Certain rights of the Issuer under the Loan Agreement will be assigned by the Issuer to the Trustee under the terms of the Indenture. SECI'fON 18. AUTHORIZED OFFICERS OF ISSUFSt. The Mayor-Commissioner and the City Clerk of the Issuer are hereby authorized and empowered to execute and deliver the Series 1994 Bonds, the Indenture, the Lean Agreement, the fuel Official Statements, the 10 of not [o exceed 96, upon the terms and wnditions se[ forth vt the Purchase Agreement. The Mayor-Commissioner is hereby authorized and directed m award the sale of the Series B Bonds to the Original Purchaser in an aggregate principal amount no[ to exceed S , at a purchase price of not less than _90 of the original principal amount of Ne Series B Bonds, with a final maturity date not later than , beartn8 mutest wtrally at the Daily Rate (az defined N the Indenture), upon the terms and conditions set forth in the Purchase Agreement. The Purchase Agreemrnt, substantially m the form attached hereto az Exhibit 'E,' with such changes, corrections, insertions and deletions az may be necessary or desirable and approved by the Community and the Mayor-Commissioner prior to the execution thereof, such necessity or desirability and approval by the Community and the Mayor- Commissioner to be presumed by their execution thereof. The Mayor-Commissioner is hereby authorized to eza;ute the Purchase Agreement for and on behalf of the Issuer ptustunt to the terms hereof, all of the provisions of which, when executed and delivered by the Issuer az authorized herein and by the Community, shall be deemed to be a part of this Resolution az fully and ro the same extent az if incorporated verbatim herein. The authority for the issuance of such aggregate principal amount of Series 1994 Bonds herein authorized which shall not be delivered hereafter to the Original Purchaser pursuant to the provisions of the Purchase Agreemrn[ is hereby canceled and rescinded. SECTION 12. AUTHORIZATION OF F3~CUTTON OF REMARICE'TING AGREEMENT. In order to obtain the lowest possible interest rate in connation with the initial issuance of the Series B Bonds, the Community has agreed ro Permit the Series B Btmds to contain provisions allowing them to be 'put' back to the Commtmiry by the holders of the Series B Bonds and then be remarketed, and to the extent that they cannot be remarketal, the Trustee has agta:d to purchase the Series B Bonds on behalf of the Community through payments from the Community or a draw on the Letter of Credit. In order to accommodate such plan of financing, the Community has agrtxd to rnter into a Remarketing Agreement with Donaldson, Lufkin & ]enrette Securities Corporation (in such capetiry, the 'Rernarketmg Agent") in ~ form attached hereto az Exhibit 'F" (the "Remarketing Agreemrnt'). The execution and delivery of the Remarketing Agreement is hereby authorized and the form of the Remarketing Agreemrnt is hereby approved subject to such changes. insertions and omissions and such filling of blanks therein az may be approved N such form by the Community, the Remarkenng ABrnt and by the Mayor-Commissioner of the Issuer, such approval by the Mayor-Cbm~ Issuer to be evidenced conclusively by his execution thereof. There is hereby delegated . the Remarketing Agent under the Remarketing Agra:rttrnt such authority az is neceswy for the estabhshmrn[ of the interest rate on the Series B Bonds pursuant to the terms of the Indenture and to carry out all duties established by the Remarketing Agreement. SECTION 13. AUTHORIZATION OF EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENT. To provide for the payment and defmwtce of the Series 1989 Bonds, the execution and delivery of an Escrow Deposit Agreement by and among the 1~• the Community and First Union National Bann of Florida. az escrow holder (the "Escrow Holder"), a proposed form of which is attached hereto az Exhibit "G,' az hereby authorized. The form of the Escrow Deposit Agramrn[ is hereby approval. subject to such changes. of blartlcs therein as may be approved and made in such form of Indenmrc by the Trustee and by either of the officers of the Issutt executing the same, m a tnaruttt conssstmt vrith the provisions of this Resolution, such execution to be conclusive evidence of such approval- Fvst Union National Bank of Florida, Jacksonville, Florida is hereby designated as the initial truster (in such capacity, the 'Trustee') under the Indenture. SECTION 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN AGREEMENT. As authorized by and in confomtiry with the ACT, it is desirable and d Ne public interest thaz Ne Isstttt loan funds to the Community to refund the Series 1989 Bonds and finance the acquisition, construction and installation of the 1.'roject, such loan to be evidenced by and to be made pursuant m the Loan Agreement bttwtxn the Issuer and the Community, a proposed form of which is attached hereto as Exhibit 'B,' and the execution and delivery of the Loan Agreement are hereby authorized, and Qie assignment of certain rights of the Issuer under the Loan Agreement by the Issuer m the Trustee are hereby authorized. The form of the Loan Agreement is hereby approved, subjec[ to such changes, insertons and omissions and such filling of blanks therein as may be approved and made in the form of the Loan Agreement by the Community and by either of [he officers of the Issuer executing the same, in a manntt consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION 9. APPROVAL OF MORTGAGE. To provide colla[enI secunty for the payment of the Series 1994 Bonds. the Issue has d'uected drat the Community mortgage the Project Facilities, including the Project, pursuant to the Mortgage from the Community, as grantor, to [he Trustee, as mortgage truster, a proposed form of which is attached hercw as Exhibit 'C.' The form of the Mortgage is hereby approved, subject to such changes, utsations and omissions and such filling of blanks therein as may be approvtd m such form by the Community, the Trustee and the Mayor-Commissioner of the Issuer, such approval by Ute Mayor-Commissioner to be evidenced concltwvely by his execution of the Indenture. SEC[ION 10. APPROV AL OF LETTER OF CREDIT SECURING SERIES B BONDS To provide additional security for the payment of the Series B Bonds, the Community has agreed to obtain the Letttt of Credit from the Bank- The forth of the utter of Credit is attached hereto as Exhibit 'D,' and is htteby approved. subject to such changes. insertions and omissions and such filling of blartks therein as may be approved d such form by the Community, the Bank and by the Mayor-Commissiontt of the Issuer, such approv+l by rite h'IaYor-Commissioner to be evidenced conclttsively by his execution of the Indenture. SECTION I1. AUTHORIZATION OF EXECUTION AND DELIVERY OF PURCHASE AGREEMENT. A negotiated sale of the Series 1994 Bonds is hereby authorized. The Mayor-Commissiontt is hereby authorizcd and directed to award the sak of the Series A Bonds to the Original Purohaxr in an aggregate prutcipal amount trot ro exceed S ' - , at a purchase price of not less than _% of the original principal amount of the Series A Bonds (excluding original issue discounts, if any), Plus accrued interest thereat to the date of delivery, with a final maturity date na later Onn - ~ • ~ at a ntt intereA Est with the terms of the Loan Agreemrnt and the Indenture (az hereinafter defined), wiB constitute "costs' of a 'project' within the meaning of the Act. SECTION 4. REFUNDING OF SERIES 1989 BONDS AUTHORIZED. The refunding of the Series 1989 Bonds in the manner herein provided is hereby authorized. SECTION 5. FINANCING OF PROTECT AUTHORIZED. The Tutartcirtg of the acquisition, construction and installation of the Projoct in the manner herein provided is hereby authorized, SECTION 6. AUTHORIZATION OF SERIFS 1994 BONDS. For the purpose of Providing funds to (i) refund the Series 1989 Bortds, (ii) pay or reimburx a part of the costs of the Prolec[, (iii) fund a debt service reserve fund for the Series 1994 Bonds. and (iv) pay a part of the cost of issuing the Series 1994 Bonds, and wbjea and pursuant to the provisions hereof, the issuance of the Series A Bonds, in an aggregate principal amount of nor to exceed S ,and the Series B Bonds, in an aggregate principal amount of not ro exceed 8 , is hereby authorized. Such Series 1994 Bonds stall be designated az provided in Sec[ion 3.D. hereof and shall be subject to paymrn[ az provided in the Indenture, the form of which is attached hercm az Exhibit "A' (the 'Ittdrnlure'), and shall be issued in the name of and delivered to the Original Purchaser or az otherwise dvected by the Original Purchaser. The Series 1994 Bonds shall be dated such dates, shag bear interest a[ such rates. shall be payable or shall mature on such date m dates, shall be issued in such denomirratiorts, shall be subjec[ to optional and rttandamry redemption at such time or times, and upon such tams and conditions, shalt be payable at the place or platxs and in the manner, shall be executed, authrnticated and delivered, shall otherwise be in such forms, and subject to such tams and conditions, all az provided in the Indenture and the purchase Agreement. The Series 1994 Bonds and the premium, if any, and the interest thetmn shall not be deemed to constitute a general debt, liability or obligation of the Issuer or of the Sate or of any political subdivision thereof, or a pledge of the faith and credit of the Issuer or of the State or of any political subdivision thereof, but shall be payable solely from the mrnues provided therefor, and the Issues is ntx obligated m pay the Series 1994 Bonds or the interest thereon except from the revenues and proceeds pledged therefor and rteither the faith and credit trot the taxing power of the Issuer. the State or any political subdivision thereof is pledged to the paymrnt of the principal of, premium, if any, or interest on the Series 1994 Bonds. SECTTON 7. AUTHORIZATION OF FJJ~CCU'TION AND DELTVIItY OF INDENTURE. In order to secure the payment of the principal of, premium, if any, and the interest on the Series 1994 Bonds herein authorized, according to their tenor, purport and effort, and in order to secure the performance and observance of all of the covenants, agreerrtertts and conditions in said Series 1994 Bonds, the execution and delivery of the Irtdrnhrte, a proposed form of which is attached hereto az Exhibit 'A,' is hereby wthoriud. The form of ttte Indenture is hereby approved, subject ro such changes; ~igsertiorts and omissions and wth felting existing laws of the United States of America at the time of the delivery of the Series 1994 Bonds. Q. The Community, le order to enhance the markdability of the Series B Bonds, has requested Barnett Bank of 7acksonville, N.A. (the 'Bank'), ro issue m the Trustce (az hereinafter defined) the Bank's direct pay irrevocable transferable Letter of Credit (the 'Leetter of Credit') to provide payment for and secure the payment of the principal of and interest on, and the purchase price of, the Series B Bortds. The Bank will issue the Letter of Credit concunardy with the issuance of delivery of the Series B Bords pursuant ro the Credi[ Facility Agramatt (as defined in the Indenture) between the Community and the Bank, az the initial Credit Facility Provider (az defined in the [rtdenture), under which the Community will be obligated. among other things to teimburx the Credit Facility Provide, with inters[, for all drawings urtdu the Credit Facility (az defurW in the Indenture). R. As security for all of the Community's payment obligations under the Loan Agreement, ands the Credit Facility Agrament and under the Indenture, including payment of all debt service requirements on the Seris 1994 Bonds, the Community will execute and deliver to the Trustee, for Ne benefit of the Issuer and the Credit Faality Provide, a Real Euare Mortgage, Security Agrament, Assignment of Rents and Financing Statement (the'MOrtgage'). S. Donaldson, Lufkin & Jenrette Securities Corporation (the 'Original Purchaser') has advised the Issuer that the Original Purchaser will use reasonable efforts to submit to the Isstte an offer to purchase the Series 1994 Bards in the form of the Purchase Agtxmrnt hereinafter more particularly described (the 'Putcftare Agtxment'), among the prigirul Purchaser, the Community and the lstue, upon terms acceptable to the Issuer and the Community, and the Issue does hereby find and determine that it is in the best financial interest of the Issuer to authorire the execution and delivery of the Purchase Agramett in the rtunrte and upon the terms hereinafter provided. Upon the execution of the Purchase Agreement by the Issuer, the Community and the Original Purchaser, the Series 1994 Bonds shall be sold to the Original Purchaser pursuant to the terms and provisions of the Purchase Agreement. T. Prior to the exxution of the Purchase Agrarttart, the Original Purchaser shall provide the Issue with a disclosure sntemen[, satisfactory ro the Iswe, containing the information required by Section 218.385, Florida Statutes. The issue shall not requue any further disclosure from the Original Purchaser. U. The purposes of the Act will be mom effectively served by awarding, or causing to be awarded, contracu for the construction. irtstaBation and equipping of the Project upon a negotiated basis rather stun by awarding, or causing to be awarded, such contracts based an competitive bids. V. The Project compriss a 'health care facility' within the meanings of the Act. The costs of the Project to be paid from the proceeds of the Sens 1994 Bonds in aceordance responsibilities as are imposed under the Laan Agreement. The payments to be made by the Community to the Iuuer and the other security provided by the Loan Agreement, the Mortgage and the Indentus, as [hose terms are hereinafter defined, aze adequate within the meaning of the Act for the security of the Series 1994 Bonds. K. The Issuer is not obligated to pay the Series 1994 Bonds except from the proceeds derived from the repayment of the loan to the Community, or from the other saurity pledged therefor, and neither the faith and credit nor the taxing power of the Issuer, the State or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or the interest on the Series 1994 Bonds. L. The Iuuer and the Community will concurrently with the issuance of the Series 1994 Bonds execute the documentation required for the refunding of the Series 1989 Bonds and the financing of the Project as contemplated hereby. M. The Issuer deems it advisable that the cost of the Project include interest on the portion of the Series 1994 Bonds issued to finance [he Project for a reasonable period of nine after completion of the Project, if so requested by [he Community and as may be provided in the Loan Agreement. N. The Issuer dams it advisable that the Series 1994 Bonds be designated as provided in paragraph D above. O. A negotiated sak of the Series 1994 Bonds is required and neceswy and is in the best interest of the Issuer for the following reasons: the Series 1944 Bonds will be sptxiai and limited obligations of the Issuer payable out of moneys derived by the fuuer from the Community's operation of the Project Facilities, including the Project, or as otherwise provided herein and wiB be secured by funds of the Community; the Community will be requved to pay all costs of Ne Issuer in connection with the refunding of the Series 1989 Bonds and the financing, construction and administration of the Project which are na paid out of the Bond proceeds or otherwise and to operate and maintain the Project Facilities, including the Project. at the Commuinity's own expense; the cost of issnana of the Series 1994 Bonds, which must be home directly or indvecdy by the Community would most likely be greater if the Seriea 1994 Bonds are sold az public sale by competitive bids than if the Series 1994 Bonds are sold at negotiated sale, and there is no basis, considering prevailing market conditions, for any expectation that the terms and conditions of a sale of the Series 1994 Bonds at public sale by competitive bids would be any more favorable than az negotiated sale; because prevailing market conditions are uncertain, it is desirable to sell the Series 1994 Bonds u a predetermirod pria; and revenue bands having the characteristics of the Series 1994 Bonds are typically sold at negotiated sale under prevailing market wnditions. P. The Series 1994 Bonds will na be issued unleu the Issuer has receive a satisfactory opinion of bond counsel to the effect tarrtong other things) that the interest on the Series 1994 Bonds will be excludable from grow income for federrl in[wme tax purposes under F. The Community has shown that the Project will alleviate unemployment in the City, it will improve hying conditions and health care, it will foster the economic growth and development arW the business development of the City, the County and the State, and it will save other predominantly public purposes az set forth in the Act. I[ is desvable and will further be public purposes of the Act, and it will most effectively serve the purposes of the Aer, for the Issues to refund the Series 1989 Bonds and to finance the acquisirion, construction and installation of the Project and b issue and xll the Series 1994 Bonds ands the Indenture (az hereinafet defined) for the purpose of providing funds m finance all or part of the cos[ of the Project, all az provided in the Loan Agrtement (az hereinafter defined), which contains such provisions az are necessary or cwtvenien[ m effectuate the purposes of the Act. The Project is appropriate to the needs and circumstances of, and shall make a significant contribution to the economic growth of the City; shall provide or preserve gainful employment; shall protect the environment; or shall serve a public putpox by advancing the economic prosperity, the Public health, or the general welfare of the State and its people az stated in Section 159.26, Florida Statutes, az amended. G. The City will be able to cope satisfactorily with the impact of the Project and will be able ro provide, or caux to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the construction, operation, repay and maintenance of the Project and on accomt of any increaxs in population or other circumstances resulting therefrom, Provided that the Community complies with tams and provisions of an agreement by and between the City and the Community relating m the provrsran of ware and sewn services by the City to the Commututy. Notwithstanding any prtmsions m the contrary contained herein, the City will not iwarr any obligation (financial or othuwix) to Provide such public facilities, utilities and service by virtue of this Resolution. H. The availabihry of revenue bond financing. az authorized by the Act, is an important inducement to the Community m proceed with the acquisition, construction and installation of the Project. 1. Adequate provision has ban made in the documents attached hereto for a loan by the Issuer m the Community to finance the acquisition, coosanctton and tnstallaton of the Project. and therrafter for the operation. repair and maintaunce of the Project Facilities. including the Project, at the ezpenx of the Community attd for the repayment by the Community of the loan in installments sufficient a pay the principal of, pranium, if any, and interest on the Series 1994 Bonds and all costs and expenses relating therero in the amounts and at the times required. ]. The Community is futartcially responsible based on the criteria established by the Act, the Community is fully capable and willing to fulfill its obligations under fire Cann Agreement (the 'Loan Agreement'). herevtafta more particularly described. betweert the Community and the Issue. including the obligation to repay the loan in insullments in the amounts and al the rimes required, the obligation to operate, repau and maintain the Project Facilities, including the Project, at the Community's own espenx and such whet obligations artd facility and a 42-bed skilled nursing facility (the 'Health Center'), and related and appurtenant facilities, and the acquisition and installation of related marbinvy, equipment, futures and furnishings (coYectively, together with any atkditions or imprwematts therem, the 'Project Facilities"), (ii) funding a debt service reserve fund for the Series 1989 Bonds, and (ui) paying a pan of the costs of issuing the Series 1989 Bonds. C. The Community has requested the Issuer's acci~n~vr in an undertaking consisting of (i) refunding the Series 1989 Bonds, presrntly outstanding in the aggregate principal amount of 340,035,000, (u) futancing a capital project az the Project Facilities cotsistng of the acquisition of approximately 4.5 acres of land, the construction of a GO-bed assisted living facility addition to the existing Health Center, the conversion of the existing 26-bed assisted living facility az the Health Center into a 38-bed facility providing skdlled nursing tire, 21 beds of which will be available for the tare of patients with AI71tCimCr's disease and other related disorder, the constmcion of additional pazling, and the acquisition, construction and instaklation of related equipment, furnishings aM facilities (collectively, the 'Project"), (iu) funding a debt service rexrve fund, and (iv) futancing of certain other 'costs' as defined in the Act. D. The Community has requested that the Issuer issue and sell its revenue bonds m be designated 'City of Atlarttic Beach, Florida, Fined Rate Improvement and Refunding Revenue Bonds, Series I994A (Flit Landing Project)' in an aggregate principal amount not extxxding 3 (the 'Series A Bonds'), and 'City of Atlantic Beach, Flotida, Vatiabk Rate Demand Improvement and Refunding Revenue Bonds, Series 1994B (Fleet Landing Project)' in an aggregate principal amount not exceeding 3 (the 'Series B BtsrMs' ard, together with the Series A Bonds, the 'Series 1994 Bonds'), W assist in accomplishing the foregoing. E. A public hearing was held by the Issuer on May 9, 1994, upon public notice published in The Beaches t Parer, a newspaper of general cirwlation in the City, no less than 14 days prior to [he scheduled daze of such public hearing, at which hearing members of the public were offered reasonable opportunity to be heard on aB matrers penairting to the ltsption and nature of the proposed Projxt and to the issuartce of the Series 1994 Bonds. The public hearing provided a reasonable opportunity for interested individuals to express their views, both orally and in writing, on the proposed issue of the Series 1994 Bonds and the location and nature of the Project, and wu held in a lotxtion which, under the facts arW circumstances, was convenient for resitknts of the City. The notice was reasatably designed to inform residrnts of the City of the proposed issue, stated that the Issues would be the issuer of the Series 1994 Bonds, stated the time and place for the hearing, and contained the information requvcd by the Internal Revenue Code of 1986, u amended, and appticabk reguluions thereunder (the'Code'). The 14-0ay period was adequaze for notice to be brought to the azmntion of all interested persons, exceeds the normal periods for notices of pubfic hearings cottducted by the Isstta and various agencies of Duval County (the "County') aM the Sate, aM provided sufficient time for interested persons to prepare for and to express their views az such hearing. BE TT RESOLVED BY THE CITY COMhBSSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION I. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the Constitution of the State of florida, Part !I of Chapter I59, Florida Statures, as amended, and other appBcable provisions of law (coBatively, the 'Ace'). SECTION 2. DEFINTTIONS. Unless the cortex[ otherwise requiter, all terms rued herein in capitalized form shall have the meanings assigned to such terms in this Rewlutior. Words importing the singular shall include the plural. words importing the plural shall incltde the singular, and words importing persons shall include corporations and other entities or associations. SECTION 3. FINDINGS. The Issuer has found and determined and does hereby declaze that. A. The City of Atlantic Beach, Florida (the 'Issuer' or the 'City'), is an incorporated municipality of the State of Florida (the 'State') and is a local agency duly authorved the Aa m finance and refuunce the acquisition, construction, reeonswetion, improvement, rrJtabilitation, renovation, expansion and rnlazgetnent, or additions to, furnishing and equipping of any capital project for any 'health raze facility' (ss defined in the Aa), including land. rights in land, buiMirgs and other structum, machvrery, egmpment, appurtenances and facilities irtadearal thaew, and other imptoventents rmtxssary or corveoient therefor, and to obtain fords ro finarce the cost thereof by the -•a~°^M of its revenue hoods. and to issue its revenue refunding hoods for the purpose of refunding any outstanding revalue bonds previously issued order the Aa [o finance the coos thereof, for the purposes of enhancing and expanding the health care industries, promoting and fostering the ewrtomic growth and development of the Issuer and the State, increasing prehasmB f~'a ~ oPPor~~ for gainful employtnrnt, advartcirtg and improving the toonomic prosperity of the State and iu inhabitants, improving living conditions and health care. and otherwise providing for and contributing to the health, safety and welfare of the people of the State, and the Issuer is further authorized by the Aa to pledge and assign u security for the payment of the principal of and interest on such bonds any revenues derived by the Issues pursuant to fuuncing agreements with respect to such projects. B. On February l5, 1989, the Iswer issued iu Variable Rate Dctnard Revenue Bond:. Series 1989 (Flea larding Project) (the'Series 1989 Bonds'), k the original aggregate principal amount of 562,950,000, for the purposes of (i) financing the vests of the acquisition, construction and installation of a anttinuing care retirerttatt facility known as 'Fleet landing,' which is owned and operated by Naval Continuing Cam Retirement Foundation, Inc., a Florida not-for-profit corporation (the 'Community'), and loafed at One flea Larding Boulevard, Adantic Beach, Florida, amsisting of the acquisition of approxirutely 69 saes of la[d, the construction of 320 independatt living units, a wmmunity cents aattaining kitchen. dining, recreational and administration facilities, a health cents consisting of a 26-bed assisted Bving F&L DRAFT OF 4!18/94 RESOLUTION NO. 94- A RESOLUTION PROVIDING FOR THE ISSUANCE BY THE CITY OF ATLANTTC BEACH, FLORIDA, OF ITS FDQ:D RATE IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 1994A (FLEET LANDING PROJEC'1~, IN AN AGGREGATE FRINCIPAL AMOUNT NOT TO EXCEED b AND TTS VARIABLE RATE DEMAND I1vffROVEMENT AND REFUNDING REVENUE BONDS, SERIES 1994B (FLEET LANDING PROJECT), IN AN AGGREGATE PRINCIPAL AMOUNT NOT 'f0 IXCEED 5 ,AND FOR A LOAN BY THE CITY TO NAVAL CONTLNUING CARE RETIREMENT FOUNDATION, 1NC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN AN AMOUNT EQUAL TO THE PRINCIPAL AMOUNT OF SAID SERIES 1994 BONDS, FOR THE PURPOSES OF (A) REFUNDING THE OUTSTANDING CITY OF ATLANTTC BEACH, FLORIDA, VARIABLE RATE DEMAND REVENUE BONDS (FLEET LANDING PROJECT), SERIES 1989, (B) FINANCING A PART OF THE COSTS OF A CAPTTAL PROJECT FOR SAID CORPORATION, (C) FUNDING A DEBT SERVICE RESERVE FUND FOR THE SERIFS 1994 BONDS, AND (D) PAYING A PART OF THE COSTS OF ISSUING THE SERIES 1994 BONDS; PROVIDING THAT SUCH REVENUE BONDS SHALL NOT CONSTITIJTE A DEBT, LJABIIITY OR OBLIGATION OF T'fID CITY OR THE STATE OF FLORIDA OR ANY POLTTTCAL SUBDMSION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES HEREIN PROVIDED; PROVIDING FOR THE RIGHTS OF THE OWNERS OF THE SERIFS 1994 BONDS AND FOR THE PAYMEM THEREOF; APPOINTING THE INITIAL TRUSTEE AND MAKING CERTAIN OTHER APPOINTMENTS; APPROVING AND AUTHORIIZINNG THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS REQUIRED IN CONNECTION WITH THE FOREGOING; APPROVING PRELIMINARY OFFICIAL STATEMENTS RELATING TO "THE SERIES 1994 BONDS; AUTHORIZING THE AWARD OF THE SALE OF THE SERIFS 1994 BONDS AND APPROVING THE CONDITIONS AND CRIIFRIA OF SUCH SALE; AUTHORIZING THE EXECUTION OF FINAL OFFICIAL STATEMENTS RELATING TO THE SERIFS 1994 BONDS; PROVIDING CERTAIN OTHER DETAILS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECT[VEDATE. The public hearing will be rnaducted in a maaaer that provides a reasonable opporttmity to bt heard for persons with differing views on both the issuaoa of the Series 1994 goods and the location aodnawce of the proposed Pmjxt. My person dearirtg to be heard on this mattes is requested to attead the public hearing or seed a represmtaave. Written rwmmenn (not exceeding 250 words) w be presorted az the bearing may be submitted to the Issuer at, and further information relating to this matter is available for inspeaion and copying during regular business hours at, the office of Ma. Maureen King, City Ckrlr, 800 Semirwle Rand, Atlantic Beach, Florida 32233-5445. Commmn made az the hearing are for the rnnsderaaon of the Issuer, and wiR not bind any legal actkn to be taltert by the Issuer. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE ISSUER WITH RESPECT TO ANY MATT11t CONSIDERID AT SUCH ~~ AEG, SUCH PERSON WH.L NEID A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTA4ONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASID. Dated April ~, I994. CITY OF ATLANTIC BEACH, FLORIDA City Ckrlc ~,~.~,~~.,,.~. ,afo,.i..weerouutmicvwmw NOTICE OF PUBLIC HEARING BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORmA NOTICE is hereby given that a public heating by the City Commission of the City of Apantic Beach, Florida (the 'Issuer'), will be held on May 9, 1994, al the Issuer's meeting to be held on said date, beginning at 7:15 p.m., local time, ar the City Commission Chambers, City Hall, 800 Seminole Road, Atlantic Beach, Florida. The public hearing will be held for the purpose of considering and acting upon a proposed resolution authorizing the t.~~ of the City of Atlantic Beach, Florida, Fined Rate lmprwemen[ aM Refunding Revenue Bonds, Series I994A (Flea landing Project), vt an aggregate prirtdpal amount trot to exceed 523,000,000. and City of Atlantic Beach, Florida, Variable Ra[e I>emand Improvement and Refunding Revenue Bonds. Series 19946 (Fleet Landing Project). in an aggregate principal amount not W exceed $22,(100,000 (collectively, the 'Series 1994 Bonds'). The Series 1994 Bonds are to be issued for the purpose of providing the necessary funds to We Issuer m make a loan to Naval Continuing Care Retitematt Foundatiory Inc., a Florida no[-for-profit corporation (the 'Community'), for the purposes of (a) refunding the outslaoding City of Atlantic Beach, Florida, Variable Rate IXmaM Rdmue Bonds, Series 1989 (Flea Landing Projea), issued in the original aggregate principal amount of $62,950.000 (the 'Series 1489 Bonds'), the proceeds of which were used to G) finartce the vests of the acquisition, construction and installation of a continuing care retirematt facility known as 'Flea Landing,' which is owned and operated by the Community, consisting of the acquisition of approximately 70 acres of land, the construction of 320 indepertdettt living units, a community center containing kitchen, dining, recreational and administration facilities, a health center consisting of a 26-bed assisted living facility and a 42-bed skilled nursing facility (the 'Health Center'), and related and appurtenant facilities, and the acquisition and installation of related machinery, equipment, factures and fumishings (collectively, together with any additions or improvements thereto, the 'Project Facilities'), (ii) fund a debt service reserve fund for the Series 1989 Bonds, and (iii) pay a part of the costs of issuing the Series 1989 Bonds, (b) fmattcing a part of the cost of a capita project at the Project Facilities consisting of the acquisition of approximately 4.5 acres of land, the conswction of a G0.hed assisted living facility addition to the existing Health Center, the conversion of the existing 26-bed assisted living facility at the Health Center into a 38-bed facility providing skilled nursing care, 21 beds of which wi6 be available for the care of patients with AliJteimer's disease and other related disorders, the constuction of additional parking, and the acquisition, construction and installation of related equipment, furnishings and facilities (collectively, the 'Project'), (c) funding a debt service reserve fund for the Series 1994 Bonds, and (d) paying a part of the costs of iswing the Series 1994 Bads. 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CS4 : ~ O V o D V C C W c W e~ N J N C = y f W o 0 4 o c E ~ V? f~. w 'b LL d ~ J O t N 6 V V A N m V W N J~~ b U ~ L 0 V ~Ff Elii of e E ~ c~~OW O- W :~ o ~c<~ i<ie ~~~ ~wlSi °' EZV ~ iE Z ~ F V Z OI V ON~ V 4' IO J~ 6 d~ Z~ .. ~ 6 E V Z <-<II -'I - <p- K ~- O Z V F a e O F Y V _ N p r « .. , u, •6 ~ m ~ n 2 F a i O 0 m O -. 0 O ~ 1` ( < Y ~ C C C N H (•I Y ~ 4 °` ` ~ F O F > 4 oO r o ~ 7 N G a D ~ Y n L q ~r V O M O ~ o `o E i _ D 4 U O ' ~ c < c o_ o' a a E d ~ Z U D~ V 4 n + o Z C b Z dL ~ '~ ~Y p ~a~ --~r~~~~ c ? c e O E ~ L ~L_~s .L J, 'v-VD.. ?~i a '~Ec"L' n' > Y < -_~ Y Y t~.76i ' v y ~9'• b ~~ic _ '.~i o E b~ ° Y L Y ,09 => b _ , ~iY-°~ ~'~°. ~- ~ C Vio~ b o_~~Et o et v.~cV n~ O/ Y 4L9C z LEGL9F E a ~ i t L J ~ ~ b a n 0 rl u u E m 1 N F u O b v c O = o f q 1 V yr H W = b r ~~_ . v < < t s~ o_ 1,~p C V Y ,MI L Y G~ o~ u ~ O~v m L Y ~ 9 t y w of S.. ,; ~~ Z cr °OE oc'~ W ~ } DaY %° d ~o~~& C w~pW oc~rV L • 4_ ~ H O ov-<_z W y ~ ~ ~ ~ri~~~~ Q ~ 4 ~ O` _V EDE%o W ~ c o C c yyY mayy. W ~ q uS V o~~~Q to V O'y-E b$ O ~r b'.'t'e v==:=: _ o._ ~'- Y O ~~~~X V °~j~V ~ ~ Y QSo'v °c_~ I YE V _~ ~! . v •.~ ~° 7{f{ ~~ { ~_ g$ CCC; Y~ ~~ ~~ ~2 B~ z j`p!Z O~ R & B CONTRACTING, INC. Post Office Box 11833 Jacksonville, FL 32239-1833 6904) 646-3551 Fax (904) 646-0897 Harch 10, 1994 Brian E. Rientz Connelly b Wicker, Inc. Post Office Box 51343 Jacksonville Beach, FL 32240-1343 Subject: Church Road and Poinsetta Street Improvements Asphalt Driveway Apron, Church Road at Hayport Road Dear Hr. Rientz: Aa requested by the city of Atlantic IIeach, we have proceeded to construct an asphalt driveway apron for the business located oa the south side of Church Road at Rapport Road. The following is a cost breakdown for that additional work: to 1. stabilized subgrade 70.00 2. 6" limerock base 416.00 3. 1-1/4" Type III asphalt 284.00 Total: S 770.00 should additional information be desired, please call. Yours truly, rooks 1 President ~i¢~9d cc: P.obert Rosoy, P.E., Director Public Works Department City of Atlantic Beach R & B CONTRACTING, INC. Post Office Box 11833 Jocksonville, FL 32 2 39-1 83 3 (904) 646-3551 Fax (904) 6460897 February 21, 1994 Sri an E. I(i entz Connelly 6 Ricker, Inc. Post Of tice Box 51343 Jacksonville Beach, FL 32290-1343 Subject: Church Road and Poinsetta Street Improvements Summary of Additional Work to Date Dear Hr. Rientz: The following is a brief summary of the items of additional work proposed or performed to date for the above Project: A. Church Road 1. Silt fence and hay bales 5 670.00 2. Sever related modifications and costs 6,533.85 3. Traffic loop at Hayport Road 750.00 Subtotal: 5 7,953.85 8. Asphalt pavement on vest side of Francis Avenue, between Church Road b Simmons Road 1. stabilized subgrade 250'lonq x B'vide x 51.15/sy 5 159.72 2. 6" limerock base 250'long x 4.5' wide x 56.93/sy 866.25 3. 1-1/4" Type III asphalt 290'long x 4' wide x 54.73/sy 525.56 Subtotal: 5 1,551.53 C. Poinsetta Street 1. Hodify drainage structure S 1,100.00 Subtotal: 5 1,100.00 TOTAL: 510,605.38 Shovld additional information be desired, please call. ours trul onna Brooks President cc: Robert Rosoy, P.E., Director Public Works Department City of Atlantic Beach CHANGE ORDER No. (One) 1 PROJECT: Church Road and DATE OF ISSUANCE: MarC)t 30, 1994 Poinsettia St. InQrovements OWNER: City ~ f Atlantic Beach CONTRACLOR: R S B Contracting, Inc. OWNER's Project No. N/A ENGINEER: Corvtelly 6 Wicker Inc. CONTRACT FOA: Roadway and Utility -rprovements 9204-3 ENGlNEER's Project No. You are directed to make the following changes in the Coolncl Documents. Desuiption: Erosion Protection, Unforseen Se er Related Modifications, Traffic Detector Loop, Driveway and Deletion of 108 Cmttingert[.y of $6,501.70 Purpou of Change Order. 7b provide a conQlete and usable system. Alladuncnts: (List documents supporting change) letters fran R b B Contracting Dated 2/21/94 and 3/10/94 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME Original Contncl Pric< Origirul Contract Time S 84,452.00 3/20/94 an ~ s.. Previous Change Orders No. to No. Nu Uunge from previous Change Orders S N/A N/A VT Contract Prize prior to This Change Ordec CaNmd Time Prior to this Change Ordu S R4, 452.00 .3/20/94 r>..w Net Increase (decrease) of Ihu Change Order Nel increau (decrease) of this Chan{e Order T 4,731.78 3 a,n Contncl Rice wish all ayproreA Change Orders Contract Tune wi0t all approval Clun{e Orden S 89,1b3.78 3/23/94 rn~r RECOMMENDED: APPROVED: ~,I ~ (~y. APFROVED: / y d~-fM ~ ~ h r ~, Brian E. entz Robert S. Fo~..oy ~ Donna Brooks Cortnel ly bWicker Inc. City of Atlantic Beacit R 6 B Contracting CW I-C/03 R & B CONTRACTING, INC. Post Office Box 11833 Jacksonville, F132239-1833 (904)646-3551 Fox (904) 646-0897 March 30, 1994 Brian E. Kientz Connelly S Wicker, Inc. Post Office Box 51343 Jacksonville Beach, FL 32240-1343 Subject: Church Road and Poinsetta Street Improvements As-Built Records Dear Mr. Kientz: This letter is to confirm that R 6 B Contracting, Inc., understands that its final payment for the above Project will not be released until the Project's as-built records are submitted, and accepted, by the City of Atlantic Beach. Should additional information be desired, please call. Yours truly, ~'~/~ Do~ LJ President cc: Robert Kosoy, P.E., Director Public Norks Department City of Atlantic Beach r~~ ~ Connelly ~ Wicker Inc. ConsuMing Engineers RECEIVED APR 11994 ~~ YYOIiK,q. ~E MrD P YqE_ PE xo~m o Fw,EUr. P F M P1Wjq ~EIWIIO, P F •TMM IETg.IE MlyY N YMOEr_ P E pI4E N 1E1MFlL. P E 41M Y OffLL.1T O. E AI}WOC WFLd,PF YYM1IIL WN}IEP. PE March 31, 1994 Mr. Bob Krooy, P.E Director of Public woFie dry of ntla6tk Beach 1200 Sandpiper I,ue Post ofLce Bcoi u Atlantk Beac4 Florida 32733 Re: Pay Request No. 2 (Final) CLurch Road and Poinsettia Street Improvemenu Cwl Project No. 9204-3 Dear Mr. Kowy: eodin6 March 22, 11 find it true Pmt kom R & B Contracting, inc. for the period and mtrea to the bat of recommend payment to R & B Con ~ ~O"'tOdBe~ I thcr°f°rc seventeta dollars and fifty-sbr cents (Srra3 mg )~ia the amount of thirtY-t6ree thowand. soc hundred ~ /~~~~Sji//nffcer_ely yours, // Brian E~ Project Manager BEK/mao D. O. 8011 5[3E3 ~ JAp(a011yILtE BFJSpI, FLORIDA a~utasa . a6traN•7965 • FA]( WYlIt-1126 OESIIM, FLDflrp~ • t~8. FIORIN CrWDtaN ix .. 'I ~~ I!' ,~ I -- _ _ 1I ~ZOI94 ~Z~ ~!' I ~~ ~ ~4, 452 ORrG(NAL Cor~r~,acT PT2tC6 --_-. - ~ : Sub~7cv FrzoM ~ • cAPITkL IMPRvVEwtEtuf vt.AN GUNDs _ A) Y20~FZf 085- IB $ewU- Liao Pel,ab X12, 000 - ~Chvrch 2c1 . East ~ .b) ~J~L.T kFS~J - ZA I~i{tu- Gat ?7~ts~- CC.hV~'Gt'1 2d. Ea~,sy.~ ~3oaco l Z GAPtT~1'1. PZ ~p 89 FY S i PcLJ A•L K S ~s t Di['j,J A ~. Ks ~ Ecrs ~utrn uo. ~ 93-94 BuvGET ~ ~OTZ ~UCts A+I~ '31,000 - FOR . f~ONNI?.lz lzP _- _ `a' 21+000 - «_ __.__ __ Torkt. -.-9Staoa ~vDGET '~` ~~ 452.00 coN'Ce+tct Prz~ctr -_ 'r' ¢,,, 731, ?8 torts. tac. P~rz. cK~ orzb6'ts ~ B~~ ~ 93.78 7o T,4L COST o R YROJ~LT w~l Gk( ofCR 9St o00 - °O 89~ 183 o0 ~ S, 617 ' O° /~{~ in sidocva(k Fund '~-t cis ~ Donner. (C) Poinsettia Street - Due to en existing eater wain, the starve drain structure had to be wodlfled in the field so 1t rculd fit over the drainage line and nat interfere rith the rater wain. Cost 81,100.00. ID) Deletion of iBX Contingency fTotel - Credit of 96,501.70) lE) Francis Avenue - A deletion of 11 sy of concrete sidevalk(ree not needed). Total = Credit of 8141.90 RECOtlMEMDATIOM: Approve the net total increase coat 84r 731. 78 and accept the project pending subwlttal of Ae-Builte. ATTACN16rT5: Final Psy E~iwate end Change Order No.l /,~ EEYIEII® BY CITY NINAGER: J//h~/ /~) ~• .'4/,f"'~/~~ 1®DA ITEM 110. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: IMPROVEMENTS`eAFINALNPAYOREGUESTAANDREET CHANGE ORDER NO.1 ,/ / SUBMITTED BY: Robert S. Koeoy/Director of Public Morke ~'r7~ DATE: April 7, 1994 BACKGROUND: The above project for Church Rcad (Feet) end Poinsettia Street Parking has been conPleted. A Final Change Order covers the folloring items: tA) Protectiondreswrequiredd bylthelStroe~ohnn River Mater Managewent District since n smell section of land just south of Lhurch Road East ran deterwined to De retlande. Aleo, additional serer cork covered wodification of the wanhole structure end sole additional piping, due to an unknorn 10• serer line not shorn on the construction plans. A tie-in of this second line ran necessary. A traffic detector loop ras required by Florida D.O.T. end the City of Jacksonville Traffic Control rhich ras placed in ner asphalt pavewent. An asphalt driveray ran also required for a business eetabliehwent. Coat 57,953.85 • 6770.00 = 58,723.85. tB) Francis Avenue betreen Church Rosd and Siwwons Road - An 8• rater wain me placed on the rest side o1 Francis Avenue. Due to right-of -ray snd ner aiderelk, it ras necessary to place the rater wain under the asphalt. The street varied in ridth rith Bone locations of 13' to 16' in ridth. To waintain e proper ridth of 16', this cork ras done eo care could properly pees each other. Coat 51,551.53. 5d sc~DULe -A- • slmH D68IU~ corsulrArrs, I1C. PROPESSIOi1i. EYf3IlEERIfU P668 - HUURLS RATE PLUS BXP6m8E8 JAIIUARS 1994 - ODCmBd7x 1994 A. pERSONNHL BILLING RATES Clnesification Eour Rate Principal-in-Charge $65.00 Project Manager $55.00 Project Engineer $50.00 Design Engineer $52.00 CARD Operator $43.00 Planner $36.50 Administration $38.50 Draftpersone 535.00 Reproduction Tech and WordProceesing $25.00 Survey crew $80.00 B. REPRODUCTION RnTE° Xerox Copies: Single Sided lOC each Double Sided 15C each Hlue Print Drawings S3.00 each Mylars $6.00 each Paper Sepias $4.00 each Fax per sheet 51.50 C. HER Mileage 25C/mile Postage Actual Rate Telephone and Pax Actual Rate Miscellaneous Items Actuel Rate 17. eeverability. Any provision is this Agreement is prohibited or unenforceable in any jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. 18. Headiaes: The headings contained in this Agreement are for reference purposes only and shall not effect the meaning or interpretation of this Agreement. BPSCIAL PRDVIBZOmB ARD I26 A1Q~DIt!®'r ACCBPTSD B2: 8 gnatnre T • Ds e SIMB DL82!'$ COIIBIJLSAR'S, IRC. PliGi 6 11. Construction Reoreseatation. If contracted to perform this function, (not included in this lump sum proposal) Client agrees that Engineer will ppot be expected to make exhaustive or continuous onaite inspections bS:t that periodic observations appropriate to the construction stage shall be performed. It ie further agreed that Engineer will not assume responsibility for the contractor's means methods, techniques, sequences or procedures of construction and it is understood that field services provided by Hngineer will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. The words ^auperviaion", ''inspection", or "control", are used to mean periodic observation of the work and the conducting of testa by Engineer to verify substantial compliance with the plena, specifications and design concepts. Continuous inspections mean that an employee does not mean that Hngineer has been assigned for eight-hour days during regular business hours. 12. Safety. Should Engineer provide periodic observation or monitoring services at the job site during construction, Client agrees that, in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performance of the work and compliance with OSEA regulations, and that these requirements will apply continuously and not be limited to normal working hours. Any monitoring of the contractor's procedures conducted by Engineer is not intended to include review of the adequacy of the contractor's safety measures in, on, adjacent to, or near the construction site. 13. Confidentiality. The Client hereby consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the Engineer of facto, data and information obtained by the Engineer in the performance of the services hereunder. Notwithstanding the foregoing, with respect to any facts, data or information. specifically identified in writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such identified material. 14. Controllinc Law. This Agreement to be governed by the law of the State of Florida. 15. Bindiaa Hffect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legel representatives, executors, administrators, successors and assigns. 16. Meraer: Amendment. This Agreement constitutes the entire Agreement between the Engineer and the Client, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both Engineer and Client. SIMS DESIGN COASULTANTB, INC. PAGB 5 warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. In recognition of the relative risks, rewards and benefits of the project to both the Client and the Engineer, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the Engineer's total liability to the Client, for any and all iujuriee, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of the Engineer's fee (whichever is greater) or other amount agreed upon when added under special conditions. Such causes, include, but are not limited to the Hngineer's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Under no circumstances shall the Engineer be liable for extra costa or other consequences due to changed conditions or for costa related to the failure of the contractor or materialism to install work in accordance with the plans and specifications. 8. Photographs. Photographs of any completed project embodying the services of the Engineer provided hereunder may be made by the Engineer and shall be considered ae its property, and may be used by it for publication. 9. Assianaent and eubcontractiag. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement will be for the sole and exclusive benefit of the Client and the Bngineer and not for the benefit of any party. Neither the Client nor the Engineer shall assign, sublet or transfer any rights under interest in (including but without limitation, moneys that may become due or moneys that are due) thin Agreement without the written consent of the other, except to the intent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless epecif ically stated transfer ie mandated by law or the effect of this limitation may be restricted by law. Unless epecif ically stated to the contrary in any written consent to an assignment, no assignment will release or discharge thz assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as the Engineer may deem appropriate to assist in the performance of services hereunder. 10. Permitting/ZOnina. The Client is herein notified that several City, State and Federal environmental, zoning and regulatory permits may be required for this project. The Engineer will assist the Client in preparing these permits at the Client's direction. However, the Client acknowledges that it has the responsibility for submitting, obtaining and abiding by all required permits. Puzthermore, the Client holds Engineer harmless from any losses or liabilities resulting from such permitting or regulatory action. SIMS DEB I(311 CDMBULTANTB, IPC. PA6S 4 the Client or others on extensions of the Project or any other project. Any reuse, without written verification or adaptation by the Engineer for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to the Engineer or the Engineer's independent professional associates or consultants, and the Client shall indemnify and hold harmless the Hngineer and the Engineer's independent professional associates and consultants from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. 5. Seraination. The obligation to provide further services under this Agreement may be terminated by either party upon fifteen (15) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the termination party. In the event of any termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination. In the event the Engineer's compensation under this Agreement is a fixed fee, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ration of the amount of the work done, as reasonably determined by the Engineer, to the total amount of work which was to have been performed, less prior partial payments, if any, which have been made. 6. Liability. The Engineer is protected by Norker's Compensation Insurance (and/or employer's liability insurance}, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client hnrmleas from loss, damage, injury, or liability arising directly from the negligent acts or omissions of the Engineer, its ,employees, subconsultants, and their employees, but only to the extent that the same is actually covered and paid under the foregoing policies, the Engineer will, if apecif ically directed by the Client, take out additional insurance, if obtainable, at the Client's expense. The Client agrees, to the Fullest extent permitted by law, to indemnify and hold the Design Professional harmless from any damage, liability or cost (including reasonable attorney's fees and coats of defense) to the extent caused by the Client'a negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. The Design Professional is not obligated to indemnify the Client in any manner whatsoever for the Client's own negligence. 7. Liaitation of Liability. In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other SINS DESIGN CONSULTANTS, INC. PNRH 3 (b) If a limit with respect to construction or other costs ie established by written agreement between the Client and the engineer, the following dill apply: (1) The acceptance by the Client at any time during the performance of services hereunder of a revised opinion of probable coat in excess of the then established cost limit will constitute a corresponding revision in previously agreed cost limit to the extent indicated in such revised opinion. (2) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. (3) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limits. (4) If the bidding or negotiating phase of the project has not commenced within six (6) months after completion of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the Client shall consent to an adjustment in such cost limit commensurate with say applicable change in the general level of prices in the construction industry between the date of completion of the Engineer's designs hereunder and the date on which proposals or bids are sought. (5) If the lowest bona fide proposal or bid exceeds the established coat limit, the Client shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or quality. In the case of (3), the Engineer shall, with additional chazge, modify the plans and specifications prepared by it hereunder as necessary to bring the subject coat within the coat limit. The providing of such service will be the limit of the Engineer's reapcnsibility in the regard and, having done so, the Engineer shall be entitled to payment for its services in accordance with this Agreement. 4. Reuse of Docu~sats. Contract documents such ae Drawings and Specifications prepared or furnished by the Engineer (and the Engineer's independent professional associates end consultants) pursuant to this Agreement are instruments of service in respect to the Project and the Engineer shall retain an ownership and property interest therein whether oz rot the Project ie completed. Electronic media (i.e., computer disks, tapes, etc.) shall remain the sole property of the Engineer. At its expense, the Client may make and retain copies for information and references in connection with the use and occupancy of the Project by the Client and others except for electronic media; however, such documents are not intended or represented to be suitable for reuse by SINS DESIGN CONSULTANTS, ZiC. PARE 2 6TANDARD PROVISIORS WATER TREATMENT PLANT NO. 3 IMPROVEMENTS SDC 94-376 ATLANTIC BEACH, FLORIDA This set of Standard Provisions consists of six (6) pages. 1. Pavstent for Bsrvices. Invoices will be submitted by the Engineer to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee basis, the statements will be based upon the portion of total services actually completed at the time of billing. If the Engineer's compensation ie on an hourly basis, the statements shall be based on time actually expended in providing the services at the rate provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days of receipt thereof. A service charge will be added to delinquent accounts at a rate of one and one-half percent per month or the maximum rate allowed by law for each month of delinquency. If the Owner fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven ( 7 ) days written notice to the Client suspend services under this Agreement until it has been paid in full amount due for services and expenses. After all reasonable efforts for colle6tion has been exhausted, BIMB DEBZ(il CO<B0LTAMf6, Imo., may take legal action against the Client. 2. Rca-Coatiaaencv. The Client acknowledges and agrees the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to the contingency unless the same is expressly set forth in this Agreement. 3. Estimates of Cost. (a) Since the Engineer has no control over the coat of labor, materials, equipment or other services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costa rendered hereunder, including, but not limited to opinions ae to the costa of construction and materials, shall be made on the basis of its experience and qualifications and represent its beat judgement sa an experienced and qualified professional engineers familiar with the construction industry; but the Engineer cannot and dcea not guarantee that proposals, bids, or actual coats will not vary from opinion or probable costa prepared by it. If at any time the Client wishes greater assurance ae to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitations established by the Client will be paid for as Additional Services hereunder by the Client. SINS DESIGR COASULTAlITS, IIIC. PAGE 1 A1®IOi®S TO HTANDARD PROVISIONS fCOnt'd.) r NATBR TRSATMffiiT PLANT RO. 3 IMPROVBNHNTS SDC 94-376 ATLANTIC BSACH, PLORZDA 4. Paragraph 17 - 8svarability: Delete Paragraph 17 is its entirety and substitute tha following therefore: •17. Haysrahility. If say tea or provision of this Contract, or the application thereof to any person or circumstances shall, to nay eztent, be Geld invalid or unenforceable, the remainder of this Contract, or the application of such items or provision, to persons or circvmatances other than thoee as to which it is Geld invalid or unenforceable, shall not be affected and every other tea and provision of this Contract shall be deemed valid and enforceable to the eztent permitted by law.• AMBRDMERT TO STAtDARD PROVISIORS ~NATHR TRRATNSNT PLANT NO. 3 I!0?ROVHNENTS SDC 94-376 ATLANTSC BRACE, PIARIDA 1. Paragraph 1 - Pavmeat for sarvicas: A. Exhibit "B" is deleted and Exhibit •A" is attached in lieu of Exhibit "B". B. Delete twenty-five (25) day payment requirement and substitute: 'Payment of each such invoice will be due within thirty (30) calendar days of receipt thereof.' 2. Paragraph 4 - Reuss of aoc~aats: Delete in its entirety and substitute the following therefore: "{. Rouse of Docameats. All documents including Drawings and Specifications prepared or furnished by SDC (and SDC's independent professional associates and consultants) pursuant to this agreement are instruments of service in respect to the Project. SDC will provide the OWNER with documents as agreed upon for information and reference in connection with the use sad occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by SDC for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to SDC, or to SDC's independent professional associates or consultants, sad OWNER shall indemnify and hold harmless SDC and SDC'e independent professional associates and consultants from nll claims, damages, losses sad expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle SLC to further compensation at rates to be agreed upon by OWNER and SDC.' 3. Paragraph 7 - Limitation of Liability: Insert the following sentence before the last sentence of the paragraph: "Structural subconsultants utilized shall be required to obtain professional liability insurance which shall not contain limitations of liability.' OWNER'S RHSPONSIBILITIES: 1. Provide to the Engineer a copy of previous drawings, preferably as-built drawings of the existing Bite. 2. Provide to the Engineer any recent site surveys of tke existing site. 3. Provide to the Engineer copies of the past years operating reports for the Plnnt. 4. Provide to the Engineer copies of nny operating and withdraw permits. 5. Provide to the Engineer copies of pump and motor data for each unit including, operating curves, operating points, manufacturer, horsepower, rpm's, model/serial numbers, etc. 6. Coordinate with the Florida Rural Water Association in obtaining flow testa on the existing pumping units and reporting these to the Engineer. 7. Provide assistance to the survey team in identifying below grade piping to be located. CONDENSATION: Hasic Service; excluding On-Site Observation: 530,000 On-Site Observation: Pegotiated Additional Services: As needed and identified herein. LENGTH OF SERVICES: The length of design services is estimated to be 152 calendar days from the issuance of the Notice To Proceed. CLONDRN in addition to matters set forth herein, our agreement shall include, and shall be subject to, the Standard Provisions attached hereto end hereby incorporated herein. The term •the Client" as used in the attached Standard Provisions shall refer to the Owner. AGREED to this day of _, 1994 By Attest -3- 12. Provide a 30, 60 and 908 review of the project statue with the City Staff. 13. Prepare Duval-HRS/PDEP Permit applications for Owner's execution. Owner shall pay the processing fee. Provide ell necessary submittals for proper processing. lA. Ae-Built Survey: Over a two day period, we will locate ae much of the existing underground pipe work, as possible within the project area. Work will include exposing, locating, obtaining top of the pipe elevations sad diameter of the pipe work will also include plotting of the underground pipe work onto the boundary survey provided by the City. 15. Prestressed Storage Tanks: Provide design nasiatance and overview for the design of prestressed storage Lanka. Prepare necessary dznwinge and related contract documents needed to consider it as a part of the contract and a bid alternate. 16. Provide General Services During Construction, including shop drawing review, Contractor Pay Estimate review, monthly site visits to verify quantities, engineering certifications of as- builts and required regulatory certifications. 17. Provide three (3) sets of coafozmed contract documents to the City. 18. Provide one (1) set of reproducible arylars, one (1) copy of magnetic media and two (2) blueline seta of the record drawings. ADDITIONAL SERVICES: The following services will be provided as additional items to the basic aervicea identified above: 1. Oeotecbnical: Prepare Geotechnical proposals and contract to accept a minimum of three (3) firms cnpeble of providing the desired aervicea. Obtain cost proposals and review of each proposal received. Haled on our review, we will select a firm to perform the work. Coordinate with the selected fire to schedule field work and review the final report. lump Sum $3,500.00 2. Prslimiaary Engineer's Report: Aa may be required by Duval- RRS or FDEP, a Preliminary Engineering Report may be required to support the permit application. If required, this service will be provided. Lump Sum $1,500.00 _y_ SCOPE OP SERVICES ifATER TRBATMEMT PL1111T ^O. 3 IIIPROV6lBmT6 BDC 94-376 • ATLAIITIC BEACB, FLORIDA BASIC SERVICHS: The Engineer shall furnish engineering services as follows: 1. Attend two (2) meetings to develop the required Scope of Services and fully inspect the project area; conducting conversations with staff personnel. 2. Prepare a structural design for two (2) circular 150,000 gallon Ground Storage Reservoirs. Tanks are to be formed and poured in-place concrete approaimately 35 - 40 feet in diameter and 22 - 17 feet high. Each tank will be fitted with a fiberglass or other corrosion resistnnt aerator system and an internal baffle wall to provide support for the aerator and minimizing short circuiting of the water floe. 3. Prepare mechanical and piping designs interconnecting existing operating wells to the new ground storage reservoirs, reservoirs to the high service pumping manifold and connection of a new hydropneumatic tank. 4. Evaluate if any of the existing high service pumps can be down graded in capacity to increase cycle time. 5. Utilizing chlorine equipment being provided by the City, design a chlorine system feed arrangement to inject chlorine at the high service pump suction and the aeration facilities. 6. Provide structural design of a new chlorine building to house new chlorine equipment. 7. Provide electrical design requirements to provide power to new items and the replace the existing pressure sensing switches for the existing 140,000 gallon storage teak, distribution system and air blanket for hydro tanks. E. Provide design for the installation of a new 10,000 gallon hydropneumatic tank complete with yauges, pressure relief valves, level indicator, pressure sensing devices, etc. 9. Provide two (2) propeller style flow meters, one for each ground storage reservoir. 10. Utilize property boundary and above grade structure location as provided the City. 11. Provide full-time (S hours/day) on-site observation during the course of the project construction, if desired by the City. Estimated construction time is 180 calendar days. SIMS DESIGN CONSULTANTS, INC. U Prdessbnal Engineering b Panning Consuilants C 8301 Cypress Plaza Drive, Suile 117, Jadcsonvdle, Fbrida 32256 (904) 281-9917 ~ Fax (904) 296-7603 April 18, 1194 Hr. Robert S. Roeoy, P.H. _ Director of Public Works City of Atlantic Heach Pont Office Drawer 25 Atlantic Beach, Plorida 32233-5445 Subject: Scope of Services and Contract - ~ - Hater Treatment Plant No. 3 - 2mpravementa SDC 94-376 Atlantic Beach, Florida Dear Nr. Rosoy: we are pleased to present our contract and related professional aervicea and coat to provide the design, permitting effort, aeaistance with advertisement end bidding, bid review with a recommendation of award, genernl services during construction and on-site observation of the construction. In preparing this Scope of Services, we have generally followed the Parmere Home (PmBA) Guidelines for establishing basic and additional aervicea. These aervicea and Owner's responsibility with respect to the project immediately follow. He have also attached our Standard Provisions which will be executed by the City. Compensation for the Basic Services, excluding on-site observation has been established at $30,000.00 Lump Sum. On-site observation costs will be negotiated at the time of contract advertisement. . Compensation for additional aervicea (if required) are provided on a per item basis. Should you have nay questions, do not hesitate to contact ue. - Sincerely, SI DESI ONSULTANTS, INC. G , P.E. V' aident/Environmental Services GEG/ay Attachments - COMM(1TE0 TO E%CELLENCE - CITY OF ATLANTIC BE1CB GITY COIBIISSION MEETING STAFF NEPORT AGENDA LTEM: DESIGN SERVICES FOR MTP N0.3 <902 ASSISI LANE) SUBMITTED BY: Robert S. Koeoy/Director of Public Morka T~J1G./' DATE: April 1B, 1994 BACKGROUND: Me have reviered the Consultant's coat proposal for the referenced protect snd hove negotiated • design fee of a30, 000. 00 Luap Sua. See letter dated April 18, 1994 Eros Mr. Gordon Grlaee, P.E. to Robert S. Koeoy, P.E. Speclflcally, the loop sus fee Includes Iteae 1 to 18 on pages 1 and 2 of the Scope of Services. The only additional servlees sre Itews 1 Geotechnleal work for s Luap sue of s3, 500. 00 and, Sf required by the Departaent of Health and RehsbilEtative Services or Departaent of Envlroneentel Protection , a Preliainery Englnaer's Report for 81,500.00. Therefore, the total budgeted design cost •ill not exceed 935,000.00. The Standard Provisions rare presented in six pegee and four wodifications rare Bade in the Aaendaent to Standard Provisions f2 pegee). The Standard Provisions and Asendaents rare acceptable by Staff and the Contract ras forrarded to the City Attorney for reeler. RECOMRENDATION: Ne recoawend ^pproval of the Design Contract for a budgeted saount of t35, 000.00. Funds are to be obtelned frow the Capital Iaproveaent Plane woniea borrored under the hank loan for this protect. ATTACHMENTS: 1) Letter dated April 18, 1994 Gordon Griaes to Robert Koeoy. 2) 3 copies of proposed Design Contract. REVIEYED BY CITY MANAGER: ~~ AGEIIDA ITEB NO. ~1 .. , CITY OF i7t4C~t - 7(Ot1e~ r sraraYOrE aoAa _ _----- wtumc eFwcH, ttoam~>z2usaas Tv.epxorre o~n tRr.sto -~~_ FAX nM 2fF915 Memorandum Date: April 19, 7994 To: Kim Leinbach, City Manager From: Ann Meuse, Finance Director Subject: Funding for Survey and Appraisal of Property :Section H - Mayport 7L Atlantic Boulevard. Fdlowing is the budget adjustment necessary to furM the survey and appraisal of the property located in Section H at the intersection of Mayport goad and Atlantic Boulevard. I understand that the estimated cost to pay fa the swvey and appraisal is 54,000. As we discussed, there were no funds budgeted for this experMiture in the 2993-1994 fiscal budget However, 54,000 can be transferred from the General Fund Balance reserve funds to pay for the survey and appraisal with the intention that this amount will be reimbwsed from the financing of the project should the City Commission decide to acquire the property. Account Nnmhn~ A nt Tittl Estimated c~~ Aoaooriatione gev n~e< 007-0000.389-0000 General Fund Balance S 4,000 007-7009-519-3100 Professional Services S 4,000 Upon approval of the City Commission, I will make the appropiate budget adjustment to fund these expenditures. Please advise me if there is any change in the estimated cost of the survey and appraisal. .. ~ _~._..... :...r. . , CITY OF April 20, 1994 $iatk - ~lssG[a mm mmrou mntD TB1IlmOHE OM17fF91e ~'\ PA7I pey ifYmmS Honorable Hayor City Comm lesion Members Atlantic Beach, FL Dear Hayor and City Commission Hembers: During your last regular session, Commissioner Neiae reported his findings regarding the possible acquisition of the 2zeaca property. Be noted in order to proceed, monies would need to be appropriated for a survey as yell as an appraisal. The Commission gave conceptual approval but asked that the same be placed on the next agenda along with ideo[if icatlon of revenue sources for this work. Accordingly, please find enclosed s memorandum fro^ Pinance Director Ann Meuse recommending utilization of the General Pund Balance Reserve for Chia purpose with the stipulation [hat the same be replaced upon hopeful permanent financing for the property acqufai[ion. Thfa office is in concurrence with the recommendation submitted. If you have any questions or desire additional information, please do no[ hesitate to contact me. Sincere y, l ~• 'J~~d7/V~f// K m Leinbach City Manager ct: CS[y 9ttorney Ciry Clerk Finance Director VL./ ~.~_ _... ,....__ .._ , _ ~_ _~.,_ .a... CITY OF ~tYaalie ~caek - ?lesida eM SwwaE m~ -_--- Ai1.~N11C B&1L71, PIDlmM JS2113KS TPLFPf10NE aMl ]!FlMY _~~ FA% aw 7Ia5lss April 20, .1994 To: The Honorable Mayor and City Commissioners From: Maureen King, City clerk (1~L Subject: Appointments to Arts & Entertainment Board You will recall at the last regular commission meeting the City Commission expressed a desire to increase the membership of the Arts and Entertainment Board from seven to nine members. A resolution to authorize this change will be before you for action on Monday night, following which applications to be board may be made. As a reminder, the following individuals have submitted letters expressing an interest in serving on this board: Carson Merry Baillie, 1923 Beach Avenue - 246-3394 Betsy Barrett, 2227 Barefoot Trace - 247-8173 Barbara Benisch, 390 Garden Lane - 241-3050 Iva Larson Coplan, 10 Tenth Street, #61, - 241-7268 Alice Gartland, 1140 Seminole Road - 249-3644 Gary Rhodes, 1551 Ocean Boulevard - 247-8507 Sarah G. See, 1619 Heach Avenue - 249-0815 The following names were placed in nomination by Commissioner waters: Kay Kauffman Fran Phelps Sa. Page Two Resolution No. 94-14 ADOPTED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA, this 25th day of Aoril 1994. Lyman T. Fletcher Mayor/Presiding Officer A T T E S T: Maureen Ki: City Clerk Approved as to form and correctness: Alan C. Jensen City Attorney RESOLUTION NO. 94-14 A RESOLUTION OF THE CITY OF ATLANTIC HEACH, FLORIDA, URGING THE REINSTATEMENT OF FUNDING FOR THE EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PROGRAM IN THE FEDERAL BUDGET FOR FSSCAL YEAR 1993/94 WHEREAS, the State of Florida and the City of Atlantic Beach find that most crimes committed within their boundaries are directly related to the addiction to or distribution of illegal narcotics; and WHEREAS, programs directed at drug abuse prevention, treatment, and enforcement are often too costly for small municipalities to absorb in their local budgets; and WHEREAS, the local funding for drug abuse prevention, treatment, and enforcement has been successfully supplemented for several years through the Edward Byrne Memorial State and Local Law Enforcement Assistance Program; and WHEREAS, the City of Atlantic Beach has utilized federal grant funding to help establish, train and equip a Special Weapons and Tactics team to serve search warrants and conduct other drug related investigations; and WHEREAS, the City of Atlantic Beach has used federal grant funding to help establish a community center for after school and summer programs for low income, predominantly minority children in a high crime area; and WHEREAS, federal grant funding has contributed to the formation and ongoing multi-jurisdictional drug task force operations including Atlantic Beach, Jacksonville Beach, Naval Investigative Services, and others; and WHEREAS, the elimination of federal grant funding will place an undue financial burden on small municipalities attempting to provide drug prevention, treatment, and enforcement programs for their citizens. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Atlantic Bach, Florida, requests that funding of the Edward Hyrne Memorial State and Local Law Enforcement Assistance Program be reinstated in the federal budget at a level equal to that in fiscal year 1993/94. REVIEHED BY CITY HANAGER: a~in-~ .J~~i. -ice// Agenda Items: CZTV OF ATLANTIC BEACh CITY COMMISSION MEETING STAFF REPORT AGENDA ZTEN: RESOLUTION ON GRANT FUNUZNG SUBMITTED BY: DAVID E. 1'HOHPSON, CHIEF OF POLICE DATE: APRIL 18, 1994 BACKGROUND: Tne Federal Governeent has appropriated grant runtling ror the past several years to help local governeents in their fight against illeyal drugs. Tne approved prograes ranged fro^ prevention and treateent prograes, to funding for local task force operations coebining resources fro^ multiple law enf orceeent jurisdictions. 5 'In Atlantic Beach, we used this funding to set up the Donner Pazk Couunity Center. The center serves the local Coeeunity by offering after school and sueeer prograes for children. It has been used for H.H.S. to provide medical care, and Legal Aid would like to use it for providing affordable legal se rvicea to nearby residents. Tne Donner Park Center has been the 61Le of coeeunitywide celebrations, and the on-site supervision has kept drug dealers out of the park with the children. Softball and baseball rases now use the park for practice, and further ieproveeents are scheduled in the future. Grant funding fro^ this source also equiped and trained the Atlantic Beach S.N.A.T. teas. This group of police office ra serves search warrants throughout the beaches area (priearily in Atlantic Beachl. As a result, Atlantic Beach has coepetent, well trained officers to pe rf ore thin high-risk function, and they do not have to depend on outside agencies for this service. The training for such a teas requires a coeeiteent of thousands of dollars each year to keep all of its ^eebers up-to-date and qualified. Grant funding has purchased soee equipeent which is critical to the safe, of iicient investigation of illegal narcotics. A body wire ayate• with repeater, video caeera and related equipeent, coeputer systee, fax machine, and other coeponenta of the investigative functicn rare acquired with grant funding. Soee of these items would have had to be purchased with General Pund coney if this source was not available. The President's proposed federal budget does not include any funding for this grant proyra^ toz next year. This will have a s:gnif leant effect on the Atlantic Beach Police Departeent's ability to provide the save levels of services at the save costa. Soee of this funding helps cover overtiee expenses and investigations money for purchasing drugs. In the absence of this funding, the expenses in these areas will have to be absorbed by the City, or the investigations will have to be reduced. RECOMMENDATIONS: NE RECOMMEND THAT THE CITY COMMISSION PASS A RESOLUTION IN SUPPORT OF REINSTATING THE DRUG GRANT FUNDING, ANO DISTRIBUTE IT TO KEY FEDERAL LEGISLATORS N110 MAY BE ABLE TO INFLUENCE THE YINAL DECISION ON THIS MATTER. ATTACHMENTS: kESOLUTION RESOLUTION NO. 94-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FjARIDA, INCREASING THE NUMBER OF MEMBERS OF THE ARTS AND ENTERTAINMENT ADVISORY BOARD, PROVIDING AN EFFECTIVE DATE WHEREAS, on March 19, 1994, the City Commission adopted Resolution No. 94-10 which created the Arts and Entertainment Advisory Board, and WHEREAS, the Arts 6 Entertainment Advisory Board as created, was to be composed of seven (7) members appointed by the Mayor and confirmed by the City Commission, and WHEREAS, the City Commission has expressed a desire to increase the composition of the board to nine (9) members. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, as follows: Section 1. The Arts and Entertainment Advisory Board of the City of Atlantic Beach, Florida, shall be composed of nine (9) members appointed by the Mayor and confirmed by the City Commission. Section 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED RY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA, this 25th day of April _ 1994. Lyman T. Fletcher Mayor/Presiding Officer A T T E S T: Maureen K1ng City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney 4~ . ~. CZTY OF ATI.ANTZC HEACN CODE ENFORCEMENT ACTIVZTY REPORT CODE VIOLATIONS10-1-93 - 03-31-94 PRESENT YEAR TO TE DILAP T D B 5 3 15 Z R 1 1 4 28 56 131 1 - 2 9 ZA BLDG. COND 1 10 ALT AFETY HAZARD 7 2 22 NLICENSED BUSINESS 2 3 11 I E OMPLAZNT N E 2 ENERA NUISANCE 2 4 31 TREK 1 4 9 N R Z ED A O 6- 6 22 LLEGAL DAIMGED SICM 4 3 18 A H MPLAINT 6 5 25 V R ROWN VEGETATION 8 27 V 4 4 22 L 67 I02 358 /EAP. TO DAT F. NON COMPLIANCE-COMPLIANCE ACTIVELY RF.t NG SOUGIIT 115 TMER ACTIVITY: Number Abandoned Vehicles Im Number of Complaints Brought pounded in Narch into Compliance 3 60 9I Donner Road and 1860 Francis Avenue have been placed on the bid list for demolition. March Code Enforcement Board Case History Case 70034 - Richard Brovn, 818 Cavalla Road - Extension mf 71me Case P0068 - J. Shields, 725 Redfin Drive - In Compliance Case Y0069 - D. Thomas, 872 Bonica Rd. - Failed to Comply (Ovnez Nbtif ied) Case 70070 - V. Hobbs, 410 Sargo Road - Continued Improvement Tlie increase in abandoned vehicles is a result of 31 vehicles being tagged at 1089 Atlantic Boulevard (Ashland). This is a second violation - Mr. Ash will be called to Mav Code Enforcement Board. INFORMATION COMPILED BY DON FORD AND KARL GRUNEWA LD, CODE ENFORCEMENT 1 • CITY OF AT/,ANSIC BEACB CITY COlMISSION MEETING STAFF REPORT AGENDA ITEM: Code Enforcement Activity Report 10-1-93 / 03-31-94 SUBMITTED BY: Don C. Ford~`~ DATE: 4-14-94 BACKGROUND: Code Enforcement Activities RECONMENDAT ION: For Review by City Commission ATTACHMENTS: Code Enf orceme Activi R o REVIEWED BY CITY MANAGER: ~ L AGFI7DA ITEM NO. L .. ..._ _.... ,. ,. ,....._. __...-,,s__..c. .~ ~ C. Design - Tom ie rorking an optimizing the diffusion using leas than 125 Np of parer. Alan Potter recommended raising the diff users 6• and using 95ti of the horaeporer on the nameplate of the motors if horaeporer versus submergence ie on a thin line. Other design conaideratione included: the design of a 'rart' on the clarifier, moving the Dlorer building to the east, elimination of some aluminum on the Chlorine Contact Chamber, checking the effluent collection box an sheet N-13 and rechecking vertical drops in the hydraulic profile. The St. Johns River Mater Management District will probably take two <2) reeks to respond to permitting requirements. 2. MATER METERS A. Harry E. McNally reported that since March 18, 1994, 304 rater meters have been installed in 128 hours, or 2.37 meters/hour. He recommended a blanket purchase order from Seneus. 3. MATER TREATNENT PLANT NO. 3 (Assisi Lane> A. Bob Kosoy advised Chat he roe reviewing the coat proposal received from Sims Design Gonaultante. Early indications are that the project could be designed and constructed for lees than the 6600,000 originally budgeted, perhaps 6325,000. 4. BEACH AVENUE MATER AND SENER A. Considering the Commission's desire to cowplete all or part of the Beach Avenue Mater and Serer lnprovement Project expeditiously, the Committee recommended that a ner coat estimate be prepared, funds identified and phasing of the project be considered. 5. NEM LOAN FROM BANK A. It roe recommended that the folloring projects be considered for new monies from the bank: Beech Avenue Mater and Serer Line Improvements, Mater DiatriDution Line Projects and Oak Harbor Serer Rehabilitation. RSK/eam ,w ~ CITY OF 1111a«t(a b"eae! - ~leuda April 18, 1994 ¢oo xrnneER ur~E A I.1]Tif BE 1('H, F WBBM RDJJIeI iE1.FPF10.\E H0112ft5dN FA% InHI 2f15ti1 M E M O R A N D U M TO: Kin D. Leinbach/City Manager FROM: Robert S. Koeoy/Director of Public rorka~ RE: MATER b SENER COMMITTEE REPORT t10 The Mater 6 Serer Cowwittee wet on April 14, 1994 and the attendees rare: Bill Pitwan and Tow Nark, Pitman- Hartenetein; Mayor Lywan Fletcher, Marry McNally, Alan Potter, Kim Leinbach, Jim Jarboe and Bob Koeoy. Itewe of discussion rare: 1. STATUS OF ATLANTIC BEACH NASTEMATER TREATMENT EXPANSION A. Coat estimate - Tow indicated that it is still eowerhat early to prepare an engineer's eetiwate for the project. Alan Potter referred to a Square D Digest for electrical itewa and cautioned that electrical aritchgear anC connections can often exceed the coat of the equipwent. Variable speed motors rare considered ae too expensive. Bill Pitwan advised that costa rare being reviered at every juncture and every effort could De made to bring the project in rithin budget. B. State Revolving Fund Losn from Departwent of Environmental Protection - Discussion ensued regarding the interest rates and it •sa recommended that re discontinue the effort to obtain Depwrtwer.t of Environmental Protection funding and obtain Dank financing. lRef scents April 18, 1994 Mewormnduw from Anne Meuse). Payment rill De made to Pitman-Hartenstein for their cork on the loans through norsal invoicing. ._Jl.t, ~ 1 Page Two Minute of Joint Meeting of City Commission fi Pension Board April 6, 1994 Richard White explained that at a meeting held earlier that evening, the pension board had endorsed the concept of introducing a cafeteria plan which he felt would be beneficial to both the city and the employees. Don Ford reported he had recently conducted a survey among city employees and the majority of those responding requested that Social Security benefits no longer be a consideration when estimating pension payments. Fire Dept. Lt. Hill inquired regarding the insurance surtax rebate which was received annually from the state and Richard White explained this was a tax levied by the city and was used to fund additional pension benefits for public safety employees. The Mayor thanked the board members for the work they do and offered to work with them any way he could. There being no further discussion the meeting was adjourned at 8:05 PM. Maureen King, City Clerk 1 MINUTES OF THE JOINT MEETING OF ATLANTIC BEACH CITY COMMISSION AND PENSION BOARD OF TRUSTEES HELD IN CITY HALL ON APRIL 6, 1994. City Commission Memb=rs Present: Lyman T. Fletcher, Mayor Steven M. Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III Robert G. Weiss Pension Board Members Present: Richard E. White John Fletcher Stuart Nicks Don C. Ford Joseph P. Garvin Staff Present: Kim D. Leinbach, City Manager Maureen King, City Clerk The meeting was called to order by Mayor Fletcher who explained the City Commission was trying to meet with each board and committee of the city to acquaint themselves of the duties and responsibilities of the various groups, to understand their goals and objectives, and to work with each group as far as possible to accomplish those goals. The meeting opened with a discussion on the role of the Pension Board and Richard White indicated the Pension Board was the guardian of the pension funds. The Pension Board also approved retirements, subject to their meeting the criteria provided in the city code. Re explained the composition of the Pension Board and indicated that the board made recommendations to the City Commission relative to pension benefits. Commissioner Rosenbloom felt the board should also represent the beneficiaries. Commissioner Rosenbloom explained a Change in the Florida law regarding pension plans but Richard Whitp indicated that since the Atlantic Beach plan was in place prior to the change, it was not required to comply with state law. It was explained that Sun Bank managed the pension funds and Merrill Lynch monitored their performance and made quarterly reports to the Pension Board. The city's plan always ranked in the top 10$ of pension funds and the fund had experienced an average annual growth rate of 11$ in the six year period that Sun Bank had been managing the funds. Mayor Fletcher requested that the City Commission receive copies of the quarterly reports and any other pertinent documents. page Six Minutes of Fire Department Impasse Hearing April 12, 1994 time; portions of each hour after the first hour worked would be compensated at time and a half and would be rounded upwards to the next quarter hour. The motion uas seconded by Commissioner Weiss and was unanimously approved. Lt. Hill agreed to withdraw section 28.6 which provided that hours of work and overtime would be grievable. Section 28.7 provided that firefighters would receive longevity pay starting with their ~fif th year of employment. Lt. Hill indicated this section was being added as an incentive for firefighters to stay with the city. Following brief discussion it was agreed to defer acticn on this section and to review this matter in the negotiations for the contract for the next fiscal year. Following the discussions of all portions of Article 28, the Mayor called for a vote on the original motion made by Commissioner Weiss: to adopt Article 28, Wages/EMT or Paramedic Incentive, as proposed by the city (and subsequently amended as indicated above). The motion was unanimously approved. Copies of the proposals submitted by both the union and the city are attached hereto and made a part hereof. - Lt. Hill requested that funds already budgeted for salaries not be Used to fund any of the items approved that evening, thus decreasing the amount of bonuses which would be paid to Fire Department personnel. ARTICLE 30 - CODE OF ET~IICS Both Lt. Rill and Captain Campbell agreed this item had been withdrawn. Mayor Fletcher indicated it was his objective to address morale problems throughout the city. Re encouraged the various parties to begin negotiations early for the next fiscal year since it was his intention to have contracts in place by October 1. Jim Jarboe pointed out information regarding revenues would not be available until July or August. He agreed to proceed with negotiations on non-monetary issues early. There being no further business to come before the City Commission, the Mayor complimented the firefighters on the job they do and adjourned the meeting at 11:10 PM. Lyman T. Fletcher MAYOR A T T E S T: Maureen Hing, City Clerk Page Five Minutes of Fire Department Impasse Hearing April 12, 1499 The Commissioners indicated they were sympathetic to the requests of the firefighters, but pointed out they were limited in what they could do due to budget restraints. Commissioner Weiss moved to adopt Article 28, Wages/ENT or Paramedic Incentive, as proposed by the city. The motion was seconded by Commissioner Shaughnessy. In further discussion Lt. Hill indicated that sections 28.4, 28.5, 28.6, and 28.7 included new language which was not in the current contract. These areas were very important to the firefighters and Lt. Hill asked that these sections be reviewed. Section 28.4 of the union proposal provided that any employee who is required to work at a higher classification (eg. a firefighter filling in for an engineer), would be paid at a rate 10$ higher than his regular rate of pay for the actual hours worked out of class. Captain Campbell indicated other departments in the city were paid at a rate of 5$ for working out of class and the employee would have to work out of class for a day to be compensated at the higher rate. Following further discussion, the union agreed to drop section 28.4 from their request. Section 28.5 of the union proposal provided that when off-duty firefighters are called in to work they would be paid for three hours at time and a half, and in the event firefighters did not get off at their scheduled time but were required to work fifteen minutes or more into the next shift, they would be paid for three hours at time and a half. In both instances, this was an increase from two hours in the current contract. Captain Campbell indicated the current contract provides that off- duty firefighters would be paid a minimum of two hours if they were called in to work. Currently they are paid overtime for actual time worked beyond their regular shift. In further discussion Commissioner Waters moved to pay a minimum of three hours at time and a half if an off-duty firefighter is called in to work. The motion was seconded by Mayor Fletcher and following further discussion, the question was called and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. In discussion relative to payment of overtime when firefighters did not get off at their scheduled time, it was consensus that fifteen minutes provided too small a window before the city would be required to pay a minimum of three hours overtime. Co®issioner Rosenbloom moved to approve a minimum of one hour overtime at time and a half when firefighters did not get off at their scheduled Page Four Minutes of Fire Department Impasse Hearing April 12, 1999 Captain Campbell noted that the present Article 26 provides that employees with Associates Degrees receive S50.00 per month incentive pay, employees with Bachelor's Degrees receive S110.00 per month incentive pay, and employees with fire inspection certificate receive 5100.00 per month incentive pay. The city also reimburses tuition fees to employees who receive a grade of "C" oz better. He indicated this was above what was paid to any other collective bargaining unit. He indicated there was a cost factor lnvolved in this article and pointed out funds had not been budgeted to cover this additional cost. Captain Campbell indicated that if an employee had not been compensated for performing fire inspections, this was an oversight and would be corrected. Following further discussion, Commissioner Weiss moved to amend section 26.5 of the unior. proposal to reflect a monthly incentive payment of S50.00, and adopt Article 26, Career Development/Fire inspector, as amended. The motion was seconded by Commissioner Waters. Following further discussion the question was called and the motion failed on a vote of 2 - 3 with the Mayor and Comaissioners Rosenbloom and Shaughnessy voting nay. Mayor Fletcher moved to adopt Article 26, Career Development/Fire Inspector, as proposed by the union with payment of a 550.00 per month incentive effective April 1, 1994. The motion was seconded by Commissioner Rosenbloom and carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. ARTICLE 28 - WAGES/EMT OR PARAMEDIC INCENTIVE Captain Campbell indicated the city's proposal was to fund the current step plan (9.8$ steps) for this fiscal year and any surplus funds budgeted be paid equally to employees in the form of bonuses. Lt. Hill indicated the union's proposal was for a 7$ pay increase each year for the next three years. He felt this was necessary to bring the Atlantic Beach Fire Department in line with other comparable fire departments. He felt the insurance rebate funds received from the state would more than cover the additional city contributions to the pension. Captain Campbell indicated the 7$ increase requested by the union would cost apprcximately 520,000.00 over the amount which was budgeted for this year and Lt. Hill felt the current Fire Chief vacancy would create some additional funds. However, it was pointed out that pay raises were not a one-time expense but would create on-going budgeting problems. Page Three Minutes of Fire Department Impasse Hearing April 12, 1994 Discussion ensued and Co®issioner Rosenbloom moved to amend Article 11, Personal Leave Hours, of the union proposal to provide for an additional twelve hours personal leave time in lieu of the additional one day (24 hours) personal leave requested, and adopt the union proposal as amended. The motion was seconded by Commissioner Weiss and was unanimously approved. ARTICLE 16 - INJURY IN THE LINE OF DUTY Captain Campbell indicated the city was proposing no change in the language in Article 16 of the current contract. He pointed out an employee who was injured in the line of duty would be paid 100$ of wages until Worker's Compensation commenced. Worker's Compensation paid at the rate of 2/3 of the employees salary and the current contract also provided that the city could cover the one-third of the employee's salary not covered by Worker's Compensation for a period of up to one year if the employee was observing established safety procedures. However, if the employee was negligent, he did not £eel the city should be liable for the additional one third. Lt. Hill indicated he would prefer that a board, rather than one individual, review the conditions of an accident. Physical fitness was important to Fire Department employees and he expressed conce rr. that if an employee was hurt while playing basketball, which the Fire Department felt was a part of physical fitness training, this could be interpreted as not being a job related activity. He also felt the decision of the City Manager in these matters should be a g rievable issue. Commissioner Waters moved to adopt the language of Article 16, Injury in the Line of Duty, as proposed by the union. The motion died for lack of a second. Commissioner Weiss moved to adopt the language of Article 16, Injury in the Line of Duty, as proposed by the city- The motion was seconded by Commissioner Shaughnessy and carried on a vote of 4 - 1 with Commissioner waters voting nay. ARTICLE 26 - CAREER DEVELOPMENT/FIRE INSPECTOR Lt. Hill called attention to sec±ion 26.4 and indicated one of the lieutenants was qualified to do fire inspections but pointed out that individual had not received additional compensation for doing inspections. The union also requested that firefighters holding state certification as Fire Officer One be paid a S75.00 monthly incentive. Lt. Hill pointed out this was the most comprehensive fire related course offered nation-wide and felt it was worth the additional cost to the city to have firefighters with the additional qualifications. rage Two Minutes of Fire Department Impasse Hearing April 12, 1994 Following further discussion, the question was called and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. Discussion then ensued regarding the meaning of "reasonable" and Mayor Fletcher indicated in the event the city and the union could not agree on what was reasonable the matter would then go to arbitration. Mayor Fletcher moved to request that the union submit to the City Manager, within thirty days, a list (in general terms) of the items which they wished to retain under Section 7.6. If agreeaent has not been reached between the city and the union within fifteen days the City Co®ission will hold a hearing within a further fifteen days to resolve the matter. The motion was seconded by Commissioner Waters. Commissioner Weiss indicated he was opposed to presenting a list since he felt it would not be possible to list all the applicable items. Commissioner Waters felt employees could present a list of general areas which were important to them and which would not infringe on management's rights to operate the department. Commissioner Shaughnessy felt that without the list, it was impossible to know what rights and privileges Section 7.6 was intended to protect; however she felt the City Commission could not vote on a list prior to the list being presented. The question was called and the motion passed on a vote of 3 - 2 with Commissioners Rosenbloom and Weiss voting nay. Mayor Fletcher moved to adopt the union's proposal under Article 7, Rules and Regulations, as amended. The motion was seconded by Commissioner Waters and was approved by a vote of 3 - 2 with Commissioners Rosenbloom and weias voting nay. ARTICLE 11 - PERSONAL LEAVE HOURS Lt. Hill indicated the union was asking for one additional personal leave day for Fire Department employees to bring them into line with the personal leave policies of Jacksonville and Jacksonville Beach. Captain Campbell indicated the city was proposing no change in the current Article 11. He pointed out the personal leave policy for firefighters had been enhanced a year ago to reflect a change in the employees cork period from a 16-hour day to a 29-hour day. Ne also pointed out that Fire Department personnel earned personal leave at a rate 33 lj3$ higher than other city employees. It was pointed out that approval of this article as proposed by the union would cost approximately S3,000. per year. MINUTES OF THE IMPASSE HEARING BETWEEN THE ATLANTIC BEACH CITY COMMISSION AND PROFESSIONAL FIREFIGHTERS OF JACKSONVILLE BEACN, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 2622 HELD IN CITY HALL AC 7:15 PM ON TUESDAY, APRIL 12, 1999 Present: Mayor Lyman T. Fletcher Commissioner Steven M. Rosenbloom Commissioner Suzanne Shaughnessy Commissioner J. Dezmond Waters, III Commissioner Robert G. Weiss And: City Manager Kim D. Leinbach Deputy City Manager Jim Jarboe City Attorney Alan C. Jensen Capt. John C. Campbell (Negotiator for the City) City Clerk Maureen King And: Lt. James Hill (Representing Firefighters) The meeting was called to order by Mayor Fletcher who indicated that details of the items at impasse had been distributed at the meeting of February 9, 1994, and he hoped the City Commissioners had familiarized themselves with the positions of both parties. He called on Lt. Hill to present the first item. ARTICLE 5 - MANAGEMENT RIGHTS Lt. Hill indicated the union was willing to retain the language in Article 5 of the current contract and withdrew their request for a change in this article. ARTICLE 7 - RULES AND REGULATIONS Lt. Hill requested that Section 7.5 which would have permitted Fire Department personnel to attend city meetings while on duty, be withdrawn. He requested the addition of Section 7.6 which provided that all rights and privileges enjoyed by the Fire Department on the date impasse was declared, be continued. Lt. Hill felt the addition of this section would provide some stability under the new Fire Chief. Captain Campbell felt that the language in Section 7.6 was very broad and would not allow the city to change rules, regulations, policies or procedures or the manner in which the Fire Department conducts business without union permission. Discussion ensued regarding the rights and privileges which the union wished to retain. It was felt the proposed language in Section 7.6 was too broad and Commissioner Rosenbloom eoved to amend Section 7.6 by adding the word "reasonable" before the words "rights and privileges." The notion was seconded by Co®issioner Weiss. ,.. LINE ITEMIZATION ORGANIZATION -City of Atlantic Beach PROJECT NAME: Donner $ubdivisioa Revitalization Project III. SUPPLEMENTARY SUPPORT * Line Item Description Line item Description * Project Generated Income (Please show source, use, amount and basis of estimate). * Other program funds (Please show source, use, amount and basis of estimate). -16- _._~_.:.s_.. _. ., _,~_ LINE ITEMIZATION ORGANIZATION: _ City of Atlaatit Beaeh PROJECT NAME: Donner Subdivision Revitalization P of t II. ACTIVITY COSTS Description Lice item Description TOT r_ Line Item Description -14- v~ LINE ITEMIZATION ORGANIZATION: Cit of Atlantic Beach PROTECT NAME: Donner Subdivision Revitalization Project I. ADMINISTRATIVE OOSTS i I.3.4 Description Clearance of overgrow lots 5 lots ac f300 TOTA S 1,500.00 -12- LINE ITEMIZATION ORGANZZATION: City of Atlantic Beach PROJECT NAIL; Donner Subdivision Revitaiizaeion Pro ec[ I. ADMINISTRATIVE COSTS Community Development Director 8 hours per week at ;18.15 per hour x 52 weeks Code Enforcement Officer/BuilLing Inspector 7.5 hours per week at ;10.30 per Lour x 52 weeks Co®unity Deveiopmevt Director Code Evforcemen[ Officer Priage rate .40 ; 7,550.40 4.017.00 11,567.40 x .4 4,629.96 -10- d. OBJECTIVE: PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: 1 2 e. OBJECTIVE: TIME FRAME FOR ACCOt4'LISHMENT BEGIN END PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: TIME FRAM FOR ACCOt~LISHMENT BEGIN END 1) 3) 2 Evaluation: How will the SuCCeas of your activity pm~ect be determined? (Example: Neighborhood Survey) M end of year report will be coryiled by staff to deaonatra[e the actual number of homes rehabilitated and buildings dewliehed. _g_ 2. Protect Goals: State in broad, general terms and explain. (Examples: to reduce crime, to improve housing, to upgrade recreational Facilities, etc.) * To improve the housing stock~in the target area to provide safe living conditions for the residents. * To reduce crime through clearance of abandoned structures used in [he conduct of drug-related activity. " * To encourage resident participation in the revitalization process and the maintenance of related improvements. * To encourage and improve economic development by improving the safety sad apcearaace of properties in the target area. * To Improve the usability of existing recreational facilities by reducing crime and improvin the safely and appearance of stnc[ures in [he area. -6- CITY OF ATLANTIC DEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 1994/95 CDBG Budget Proposal /^ SUBMITTED BY; George Worley, Community Development Director `' ~,1f~i DATE: APr11 4, 1994 BACKGROUND: Attached is the Staff proposal for the CDBG budget for 7994/95 butlget year. This proposal has been reviewed by the Donner CDC (In fact they used this proposal to assist 1n the formulation of their on application for CDBG funtls). Our proposal includes several ideas recommendetl by the CDC such as contracting for a temporary project supervisor to assist us In preparing specifications and coordinating contractors. The majority of this years funds is allocated to housing rehabilitation with a smaller allocation for Code Enforcement related activities (lot clearing antl demolition). This proposed budget is well coordinated with the Donner arDeaproTheaDCDC isaconcentratan im~ze the benefit to Lhe target future development and improvements togresitlential land for qualified under our program, units not RECOMMENDATION: Staff recommends approval of the proposetl budget and authorization to proceed. ATTACHMENTS: 1) Proposed budget applica on. -- REVIEWED BY CITY MANAGER AGENDA ITEM N0. __ ~6 ,_,~.._. Page 9 April 11, 1994 changing the timing of lights to a more V V NAME OF COMMBS. M S ~ Y N~ Third Street and also Nayport Road. Commissioner Weiss asked the Mayor to explore the possibility of a pedestrian crossover being built across Mayport Road. Mayor Fletcher commended Commissioner Waters concerning a letter he mailed to the newspaper relative to sa •ring Fletcher Middle School from being demolished. After discussion, it was decided to place a resolution which will be prepared by the Beaches Historical Society on the agenda of April 25, 1994. Mayor Fletcher asked for citizens to volunteer to clean bricks for the town center project. Hej reported the next phase of the project would be ready to begin within the next two weeks. Commissioner Waters announce6 the American Legion planned to have an employee appreciation dinner May t3, 7994 and he urged everyone to attend. Since there was no further business the Ma adjourned the meeting at 9:37 p. m, ~yrran T. Fletcher Mayor/ Presiding Officer A T T E S T: Maureen King, City Clerk page 7 April 11, 1994 area, from 15th Street yto~~ Avenue. Mr. Koso wa 20th Street on Beach determining when they s instructed to pursue permit would expire. Mayor Fletcher indicated although it would be inconvenient and costly to install sewer and water lines, it was the most efficient way to run the city. He referred the matter to the Water and Sewer Committee who will study the matter and report back to the Commission. Commissioner Weiss referred to a parcel of land onI the corner of Mayport koad and Atlantic Boulevard owned by James T. Tresca which entailed approximately seven and one-half acres of land bordering the Atlantic Intracoastal Waterway. Commissioner Weiss felt the parcel could be used as a city park, and he asked the commission for authorization to obtain a survey and appraisal. He felt it might be possible to trade property that the city owned to purchase the parcel. Motion: Expend funds not to exceec :4,000 to purchase appraisal and survey on land located on the corner of Mayport Road and Atlantic Boulevard owned by James T. Tresca Alan Jensen, City Attorney, advised since the matter was not an agenda item it was not proper to take action. Commissioner Weiss withdrew his motion and the matter will be placed on the agenda of april 25, 1994 for action, regarding aMailabilwts asked to provide information Y of funds. Commissioner Shaughnessy inquired as to when the restrooms in Jordan park would be completed. It was explained restrooms should be completed within a week and the City Manager advised he would look into the matter and advise the Commission. Havoc Fletcher advised he would like to hold a andnrhe meting between the Code Enf orceme r.t Board aske Commission. thQureEn King, City Clerk, was d to coordinate meeting, Mayor Fletcher advised he and other beaches' mayors met with the Metropolitan planning Grganization and the Department of Transportation (O.G.T.). He reported the D.0.T, would be NAND OF CO.WdNS. ROSENBLOON HATERS wEISS FLETCNER VIV MISIyIN Page 6 APril 1/, 1994 NAME OF COMMBS. M S V Y V H problems with the building were of a superficial nature. Commissioner waters suggested reinforcement might be nECESSary because of high winds that might occur. Mr. Ford explained it would be possible to cut 510,000 from the price of the structure and also to provide more space if it was determined the ste<1 posts could be eliminated. Mayor Fletcher appointed Commi55ionEr Weiss to work with Don Ford and Chief Rew to study the matter. Commissioner Rosenbloom indicated he had been contacted by several people who would tike to bEau±ify the city's accesses and he inquired if th=_ city would provide water. After discussion, it was decided that those who wished to beautify accesses should contact the City Manager who indicated every effort would be made to work with citizens to providE water to landscaped accesses. Barbara Bonner inquired if the beautification of accesses would interfere with existing parking spaces, to which it was explained this would not of tact parking. Ms. Bonner felt the accesses should be bEautitied, but that parking should not be Cisturbed. Commissioner Rosenbloom reported he had been, contacted by two citizens who lived on Beach Avenue concErning obtaining city sewer. He reported one citizen was having his septic tank pumped out every three months. Under discussion it was explained by Bob Kosoy, Public Works DirECtor, that a public hearing had been held in t991 for the purpose of obtaining citizen input concErning installing water and sewer lines on Beach Avenue and at that timE citizens were opposed to going ahead with the project based on the high cost. He indicated the original plan would have been funded by a {100 per foot assessment on a property's street front footage. Individual assessmEnts would cost approximately 15,000 to 87,000 which could be paid by installment. HE added therE was an Existing p<rmit that was sc hedulEd to Expire in 1994 and that he had called Gee & Jensen to review the matter and to advise exactly when the permit would Expire. He reported hE would try to get the permit extEnded, but if the permit expired it ...,~~td ~..<r ~n.,~~,.. mnr>lv it_nnn •~ evrond ;r_ we Page 5 April 11, 1994 COBG budget and authorization to proceed with the application No discussion before the vote. The motion carried unanimously. Action on request for Atlantic Beach to share in the cost of the fireworks display in Jacksonville Beach on July 4, 1994. Mayor Fletcher reported that he had met with mayors from beaches communities and it was explained that if Jacksonville Beach was able to increase their budget they would be able to have a better quality of fireworks. He felt the firework display was a basic part of our society and he recommended supporting the firework display by donating 51,000 to Jacksonville Beach. Motion: Donate 51,000.00 from the Commission Contingency Fund to the City of Jacksonville Beach to be used for the July 4th fireworks display Under discussion, it was explained that liability would not be a problem since Atlantic Beach would not be a participant in the event but merely a Boner of money. Commissioner Shaughnessy inquired concerning the code of the City and whether is was proper to donate to the fireworks display, and it was e rplained since this was not a charitible contribution it would not be a violation of the city's code. The question was called and the motion carried unanimously. 7. City Manaaer Reports and/or Correspondence: Kim Leinbach, City Manager, asked Don Ford, Building Official, to report concerning the status of the Public Safety Building. Nr. Ford indicated he had concerns relative to the steel posts and steel overhead and that he sent plans to an individual engineer to review. He suggested pilings should be tested for load bearing capacity, and he explained the building had incredible understructure because pilings were sixteen feet under ground. He added the only NAME OF COMMFIS. M S V Y I N NB X SHAUCHNESSY X wnreks x x NEISS x x FLETCHER X I ROSENBLWH X SHAUGNNESSY X PATERS X 4EISS X X FLETCHER I X X CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY ~,.._._ ~~ .~, Page S i APril /1, 1994 i NAME OF V V COMMAS. M S Y N CDBG budget and authorization to aB D H X Proceed with the application SHAUGHNESSY X HATERS X x No discussion before the vote. The motion carried wEISS X X unanimously. FLETCHER ~X c. Action on request for Atlantic Beach to share in the cost of the fireworks display in Jacksonville Beach on July 4, 1994. Mayor Fletcher reported that he had met with mayors from beaches communities and it was explained that it Jacksonville Beach was able to increase their budget they would be able to have a better quality of fireworks. He felt the firework display was a basic part of our society and he recommended supporting the firework display by donating 51,000 to Jacksonville Beach. Notion: Commissio Donate :1,000.00 from the n C ROSENEI.OOH I X ontingency Fund to the City of SHAUGHNESSY Jacksonville Beach to be HATERS X used for display the Jul Y 4th fireworks F'Ei55 x x FLETCHER X X Under discussion, it would not be was explained that liability a problem not be a participant since Atlantic Beach would i Boner of money, n the event but merely a Commissioner Shaughnessy Code of the City and donate to the firework explained since this contribution it would not city's code. inquired concerning the whether i5 was proper to s display, and it was was not a charitible be a violation of the The question was called and the motion carried unanirtiously, 7. City Manager gin a _.._ Kim Lelnbach, s C'or~e °On~-^OSi Buildin City Manager, asked Don Ford, g Official, to report concerning the status of the Public Safety Building. Mr. Ford indicated he had concerns relative to the ste21 posts and s?eel overhead and that he sent plans to an individual engineer to review. He su pilings should be tested for toad ggested capacity, and he explained the buildingarhed incredible understructure because pilings were sixteen feet under ground. He added the only Page 4 APril 11, 1994 No isc ussion a ore the vote. The motion carried unanimously. 5 New BUS1ne55' a. Appointment of members of the Arts & Entertainment Advisory Board Mayor Fletcher reported seven people had indicated their d?sire to serve on the Arts E Entertainment Advisory Board, as follows: Carson Nerry Baillie, Iva Larson Coplao, Betsy Barrett, Barbara Benisch, Alice Gartland, Gary A. Rhodes, and Sarah See. Commissioner waters nominated Kay Kauffman and Fran F•helps to serve on the Board Nayor Fletcher explained it was his normal practice to interview each individual that had been nominated. Commissioner Rosenbloom suggested allowing the nine applicants to serve on the board. A discussion ensued and Alan Jensen explained if it was the desire of the Commission to expand the board from seven members to nine members it would be necessary to amend the existing resolution. Motion: Expand the membership on the Arts & Entertainment Advisory Board from seven members to nine members it was decided to place the amended resolution on the agenda for action at the meeting of April 25, 1994. The question was called and the motion carriec unanimously. Approval to submit application for participation in 19th year Community Development Block Grant program. George Worley, City planner, presented the Staff proposal for the CDBG budget for 1994/95 bud9el year (proposal dated April 4, 1994 is attacher hereto and made a part hereof). Nr. worle~ offered to answer questions and he advised thr Commission that the City of Jacksonville was ni longer limiting requests to a certain amount o' money. NAME OF COMMRS. M S V Y V N RDSENBLDOH X X SHAUGHNESSY X WATERS X ilEISS X X FLETCHER I X t f I F Page April 11, 19< code enforcement usually did not decrease. s an The question was called and the motion Carrie unanimously. 4. on ant Aa nda• a. Acknowledge receipt of Water and Sewer Committee Report E9 b. Acknowledge receipt of Parks & Recreation facilities usage report for March, 1994 Commissioner Waters asked that Consent Agenda Iter a be removed from the Consent Agenda. a. Acknowledge receipt of Water and Sewer Committee Report =9 Commissioner Waters referred to Item c relative tc the state revolving fund load from the Department of Environmental Protection (D. E. P.) and he asked why it was necessary to have Ann Meuse, Finance Director, review the current D.E.P. rates versus o#her loan rates, and advise whether the city should ccntinue its pursuit of D.E.P. loan funds. Mayor Fletcher explained interest rates had increased since the city began making inquiries and it was felt every effort should be made to insure the best financial decision would be made when the city was ready to pursue securing a loan. Motion: Approve Consent Agenda Items a and b The question was called and the motion carried unanimously. Q. Action on Resol t~~- a. Resolution No. 94-12 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF THE RESTORATION OF THE AMERICAN RED CROSS VOLUNTEER LIFE SAVING CORPS STATION Me yor Fletcher presented in full, in writing, Resolution No. 94-12. Moticn: Approve passage of Resolution 94-12 NAME OF COMMAS. M S v Y v N i ROSENBLOOM X SHAUGHNESSY X WATERS X X {1EI55 ~FLETCHER X X X i ROSENBLOO!! X SHAUGHNESS X X wATERS X X WEISS R PLE7CNER X Page 2 April 11, 1994 ^ e the matter and report to the Commission. J. P. Marchioli, 419 Sherry Drive, referred to the city's traffic situatlon and suggested that, in an effort to encourage safe driving and in lieu of speed bumps, the city have a "Safe Driving Month." For example, he suggested giving a safety award to the most courteous driver of the month, and having the name of the person receivlnq the award publlshed in the Newsletter. Nayor Fletcher thanked Nr. Marchioli for the information he provided and he asked the Parking Committee to study the matter. 3. Old Business: a. Approve deletion of- pert-tine code enforceaent officer position and creation of full-time Code Bnforcement officer position Motion: Delete existing part-tile Coda Bnforcament Inspector position and create full-time Code Bnforcement inspector position Couissioner Shaughnessy explained in the past code enforcement was covered by the Building Inspector. Currently the city employed a part-time Code Enforcement Officer but it was felt there was a need for more active code enforcement. It was explained the rate of pay for the full time position was 110.31 pet hour and monies were available in the code Bnforcement/BUilding Inspector budget. Don Ford, Building Inspector, explained in order to obtain a good insurance rating and reduce insurance rates to residents, it was necessary to have certified people in the Building Department. Karl Grunewald was certified as a building inspector and the creation of the full-time position would insure another certified person would be on hand during absences of the Building Inspector. Reference was made to the time when the city would be built to capacity and if there would be a need fora full-time code enforcement inspector, to which Don Ford explained when cities were built to capacity homeowners resorted to remodeling and NAME OF COMMAS. M S V Y V N ROSENBLOON X SNAUGNNESSY X x uarERS x uElss x x FLEICHER i I i I i x MINUTES OF THE RBGULAR HEBTING OF ATLANTIC BEAT CZTY COMMISSION HELD IN CITY HALL, 800 8EMIN0] ROAD, AT 7:15 p. ^. ON MONDAY, APRIL 11, 1999 PRESENT: Lyman T. Fletcher, Mayor Steven Rosenbloom Suzanne Shaughnessy J. Dezmond waters, III, and Robert G. weies,Jr.,000issioners aan• e n . ti ti Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Fletcher. The invocation offered by Couissione Shaughnessy was followed by the pledge to the flag 1. Approval of the ^inutes of the rPO~lar wee*ina of Mrr h 8 19 4 Motion: Approve ^inutes of th regular meeting of March 28, 1994 No discussion before the vote. The emotion Carrie unanimously. Aoproval of th ~in+ s of h workshop Me +ina o DisC++se Traf i nd Parkins of March 15 1 4 Notion: Approve ^inutes of th workshop Meeting of March 15, 1994 No discussion before the vote. The emotion carries unanimously. Motion: Approve ^inutes of the strategic Planning Session of Marc] 29, 1999 No discussion before the vote. The motion carries unanimously. 2. Recognition of Visitors William J. Ryszykar, 535 Royal Pal^ Drive, questioned why it was necessary for the Police chief to solicit funds for the City's Swat Teas. aI 8 AME OF COMMRS. M O T I O N S E C O N D v O r E D Y E S v O r E D N O r ROSENBLOOM X SHAUCNNESSY X X WATERS X X WEISS FLETCHEA X ROSENBLOOM X X SHAUCHNESSY X MATERS X X WEISS FLETCHER X ROSENBLOOM X SHAUGHNESSY X X WATERS % X WEISS FLETCHER % ATLANTIC BEACH CITY COMMISSION April 25, 1994 AGENDA Call to Order Invocation and pledge to the flag Approval of the minutes of the regular meeting of April 11 1994, and Fire Department Impasse Hearing of April 12, 1994 Recognition of Visitors ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WZLL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUEMITTED TO THE CITY COtMtISSZON ON THESE ITEMS. Consent Agenda: a. Acknowledge receipt of water and Sewer Committee Report #10 b. Acknowledge receipt of Code Enforcement Activity Report Action on Resolutions: a. Resolution No. 94-13 increasing the membership of the Arts 6 Entertalnment Board from seven to nine members b. Resolution No. 94-14 urging the reinstatement of federal funding for the Edward Byrne Memorial State and Local Law Enfoz~cement Assistance Program for FY 1993/94 (Chief Thompson) New Business: a. Appointment of members of the Arts 6 Entertainment Advisory Board b. Authorize expenditure of funds for survey and appraisal of property located in Section N at the intersection of Mayport Road and Atlantic Boulevard c. Authorize execution of contract with Sims Design Consultants, Inc. in the amount of S35,000.00 for engineering services in connection with expansion of No. 3 water plant (Bob Kosoy) d. Approve Change Order No. 1 and authorize final payment for Church Road (East) and Poinsettia Street improvements (Bob Kosoy) e. Discussion relative to proposed resolution authorizing the refunding of Revenue Bonds, Series 1994A and 19946 (Fleet Landing Project) f. Authorization to expand Community Development Block Grart (CDBG) project area g. Discussion relative to changing the traffic pattern on East Coast Drive and Ocean Boulevard to allow one-way traffic only City Manager Reports and/or Correspondence: 7. Reports and/or requests from City Co®issioners, City Attorney and City Clerk: Adjournment Lyman Fletcher, Esquire January 24, 1994 Page Four specific point, however, I will do so if it becomes necessary. Research on analogous issues would support my present assumption. My amended section deletes the size requirements for political signs and expands the number of signs allowed on public property to 12 signs. I have deleted all reference to limitations on political signs placed upon private property except the exemptions created by the new (16). With respect to the directional signs, I clarified that signs which pertain to meetings, clubhouses or sites :outside the city limits are subject to the permitting requirements. I also created a placement and number restriction. I have reviewed the "penalty" section concerning the Code enforcement board's powers. This appears to be the only section which addresses the penalties for noncompliance with the ordinance. There is a subcategory of exempt signs composed of signs whose message is temporarily relevant. Examples are the real estate signs, political candidate signs an3 construction signs. Because there probably will be quite an uproar for the elimination of restrictions for political candidate signs and signs on private property, it may be wise to offer an amendment to the penalties/ enforcement section. I would suggest that the penalty for signs remaining after the allowed period of time or signs in improper could be levied upon the owner of the property owner where the sign is located o~ the person/business which is the originator of the sign. This would add incentive for compliance with the less limited restrictions and would meet the City's goal of enhancing its aesthetics. I hope I have not exceeded my mission. You are welcomed to use any of this material for a propcsed amendment. You may find the material easier to absorb if we meet to discuss the amendments and my explanations for the amendments. I am also open to your suggestions to changes to my ideas. I can be reached at work 356- 9371, Extension 306 or at home at 249-3154 to discuss this further. Thank you for you time and interest in this material. Sincerely, I l~ ~ ~ LYNN ~OYNER Lyman Fletcher, Esquire January 24, 1994 Page Three I did not change the wording for signs that appeared to be exempt based upon their status as fixtures in or on a building. I also did not change the wording of the exemptions for temporary construction signs, signs placed by governmental entities pursuing a governmental purpose i.e. traffic signs, commercial "vacancy signs", subdivision signs or public service park bench signs. These sections were either obviously necessary or expressed in "least restrictive" terms. I added a entirely new exemption for non-commercial signs wholly within the boundaries of private, residential property which otherwise conform with required set back lines and safety, fire, traffic, electrical standards set out in the other parts of the ordinance. Although the City could object to this exemption based upon the "aesthetics" argument, I believe it is unconstitutional for more than "free speech" purposes to prohibit placement of a non-commercial sign in ones own yard. Also, the present ordinance already allows "NO Trespassing" and "Private Property" signs. I amended many of the size requirements provided for the exempt signs. On several sections I offered alternative amendments. To be consistent, on all of the portions I did change, I made the restrictions less severe. I used language from one of the present exemptions and applied it other exemptions. Using this method, I eliminated specific and over-restrictive size limitations and tailored these limitations to a size necessary to effectively convey the message desired. I understand this may create enforcement problems and many place too much authority in the members of the Code Enforcement Board. However, many of the present size restrictions are too narrow and seem arbitrary (not the "least restrictive" means to promote the aesthetic goal, of course my idea of aesthetic does probably not correspond with the collective opinions of the Code Enforcement Board). This is one area where you may want to change my proposed amendments. I have created one inconsistency between the treatment of real estate and political candidate (not political speech) signs. The message of both types of signs is relevant for a limited period of time. Real estate signs are commercial and political candidacy siyns are arguably non-commercial. 1 left the restrictive language concerning number and time of the real estate signs and amended the restrictive language used in the political signs. The political sign restrictions have been softened or eliminated. This is a "content based" inconsistency, however, political (non-commercial) signs should be less restricted. The amendments to the section concerning political candidacy signs were based upon my assumption that political candidacy signs have the same elevated protected status as do signs conveying other Carms of political speech. 1 have not done research on this Lyman Fletcher, Esquire January 24, 1994 Page Two allowing signs either considered non-intrusive or closely tied to constitutional rights. 1 have added an introductory paragraph which addressees these concerns and attempts to recognize issues raised in the case law concerning similar laws. The case law basis for the proposed amendments is derived from two often-cited tests and an often-cited principle. The first test vas expressed by the U.S. Supreme Court in Metromedia. Inc. v. City of San Dieco, 453 U.S. 490 (1981) holding that government has a legitimate interest in regulating the noncommunicative aspects of signs and billboards. Regulations of time, place and manner of speech are permissible 1) if they advance a significant government interest; 2) if they are justified without reference to the content and 3) if they leave open alternative means of covuounicating the information. The principle I rely upon is also contained in the Metromedia case. It is that non-commercial speech is accorded greater protection under the First Amendment than is commercial speech. The second test applies to commercial speech and is found in the U.S. Supreme Courts opinion, Central Hudson Gas S Electri Coro. v. Public Service Commi Sion, 447 U.S. 557, (1980). According to this case 1) only commercial speech which concerns a lawful activity and is not misleading is protected under the first amendment. A restriction on protected commercial speech is valid if it (2) seeks to implement a substantial governmental interest, (3) directly advances that interest and 4) reaches no further than necessary to accomplish the given objective. I have left the ordinance structure intact and have made changes primarily only to the language addressing the exempt signs. According to case law, the city has the right to regulate the time, place and manner of the signs subject to the permitting requirements. The City can justify the requirements because of aesthetic reasons, public health and safety reasons and it is arguably using the least restrictive means to promote these interests. It appears that the signs which must be permitted are commercial. An argument could be raised that the exemptions are not content neutral and, therefore, unconstitutional. However, the ordinance does not specifically require all commercial signs to be permitted. I have tried to make my amendments to the exemption section consistent and uniform. A explanation of the changes follows: I have elaborated upon the first sentence of the first section of the ordinance to clarify that the exempt signs were still subject to the fire, health, safety, electrical or any other public interest restrictions. The present ordinance creates an ambiguity. January 24, 1994 Lynn Foyner 160 Sylvan Drive Atlantic Beach, Florida 32277 Lyman T. Fletcher, Esquire Mayor, City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 72233 Re: Atlantic Beach Code, Chapter 17 - Signs and Advertising Structures Dear Mayor Fletcher: I am enclosing proposed amendments to the present Atlantic Beach sign ordinance. The present ordinance has basically three categories of signs; prohibited signs, signs which are allowed but must be permitted and signs which are allowed and exempt from permitting. As I probably should have anticipated, it became necessary to change several of the exemptions to create a consistent and relatively content-neutral treatment of the signs which are presently exempt from the permitting process. It was my understanding that your main goal was to delete the size and number restrictions on political cand i.lacy signs. I will attempt to explain my changes and my rationale for the changes in this letter. As I mentioned, the present ordinance has three basic parts: A) .permitting requirements for signs which are allowed which include time, place and manner restrictions (Article II which describes the permitting process, the fee schedule and maintenance of signs on state highways and Article 1, Section 2 which describes the types of signs which are allowed); B) signs exempt from the permitting process such as signs which are fixtures on a building, directional signs for non-profit organizations, political signs, real estate signs (for.-sale and open house), commercial signs identifying professional persons and occupations, temporary construction signs, government traffic signs, No-trespassing/private property signs, vacancy signs, bulletin boards for non-profit organizations, public service park bench signs and community developments signs (Article I, Section 1 (1) through (15)); and C) restrictions that were probably supposed to apply to all signs because they relate to public safety (Article 1, Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 17, 14, 15, 16, 17). only Section 17-8 does not appear to fit into one of these cateyories. It provides a complete ban for signs such as those tacked; nailed to structures such as public walls and light poles. I believe the present ordinance is set up so that all businesses must obtain a permit to erect a sign. The drafter wanted to avoid having bill boards and garish signs cluttering our skyline, while CITY OF 7~QNZi~L ~[aClE - ~letts(a ~ ~ wsm~o ---- A77.ANnC lP 1Ctl. P1U[mM J321Y5~1f i0H110t~ OMl MFSIM ~~ FM7C f1~n ~~ ~0"ll~~Il•'iP'D U M April 5, 1994 TO: iCim Leinbach, City Manager FROM: Don C Ford Buildi Offi i l . , ng c a RE: Building Permits Please be advised that the following permits were issued in the month of March, 1994: TYPE PERMIT NO.PERMITS PERMIT COST CONST.VALUATION New Single Family 8 23,370.12 1,067,106 New Duplexes New Townhouses Additions/Remodels 6 1,045.98 87,896 Swimming Pools 2 60.00 28,000 Commercial/New Commercial Additions 1 746.72 103,715 Garage/Carports Demolitions (House) Demolitions (Interior) Demolitions (Commercial) 1 50.00 Sheds Ferree 1 10.00 Driveways 1 25.00 Signs 2 36.00 Tents Trees Utilities 23 9,346.23 wells 3 30.00 Roofing 9 202.50 19,730 Miscellaneous permits issued in connection with new construction, additions, remodeling, etc: / No. of Permits Permits Costs Electrical 33 1,090.40 Plumbing 39 1,316.00 Mechanical 24 1,024.50 Inspections performed last month: Building Concrete Electrical Plumbing Mec hanical Misc. 36 26 43 41 24 4 Oc~=upational License Inspections - 8 INFORMATION COMPILED BY PAT HARRIS - BUILDING DEPARTMENT ~ ~. A o~ aW o 4~ S~r~~a `~~ G °~ ~~ ~~E ,°~~~ ~ ~~~ _ C}@~ ~S~ ~¢~ ~7° '8~ 8 M~ a~~ g~~ . ~~ = ~~~ ~= g~o ~~~ ~ ~ g~~~ a ~ a s m~ A ~ a ~_ ~~ ~ ~ s ~~ ~~ ••. ~~ =~ ~ ~~ ~~ ~~~ Y g- ~ ~¢~ e to a~_ z a~°_ n ~ ~g g ~~: ~ dd _6 ° ~~~ S € $~ ~~~ ~~ Sg ma~~ s s ~~~ ~~~ ~~~ 4e .. ~ .,°~ ~ ~ s ~~s a ~~ ~a ~_~ ~~s a _s Y~ ~ a aS g- a ~ o~~ ~~b £~ ~ly~ '~ xq b ~5 $~ ~~ ~5 ~~ d @~4a5 __ ~y${{~yy~ ~9'Bga ~gg~ ~~44 ~' Sg 9 b ~~ OA b~~ dg ~8 i% M$ b ~y 4~ ~o ~Ea ~qG ~ ~ $ ~¢ ~~ ~ a ea f3 t3 4 Y~y ~~ ~s e ~ ~ ° 3 G~ g ~^ ~ u a2 Y Y ~ Y_q$g ~f ~ Y_~ 9 1C oe 1 ~°~ ~ SR ~ ywa ~R g ~ IIE° _° es #-~ ~ ~°~~ ~~ a=~ o a a s ~~ ~~5e~ ~~ ~~ v318Y y~'511 yy~ >~ b ~d 51~~ ~F~Y Sb ~ 5~= 4_aa 1 #C $~W~~ ~ C ~ B 5 ~ ~ ^hi Cg$'" ~ ~y f% g" ~ ~ ge~ StlluSk 4 g ,y6 3 1 S bN .G §_ ~.~. S 3~ $M den _ 8 ~e - ~du~ ~:~U~ ~ 3 ~SYJy ~~=. ~ P $.>~yy b ~ ~3 k ~ s $ ~ qq 8 ~ ~~ ~ _ _ - s 8 a a Tryst Arses l~uy~l .Z, 1~'~ Comprehensiue plan City of Atlantic Beach, Florida N~r1+i. i! ~! '` ~': ,. - - ~ ,, ~, ., ,. ~~ •\` lam` i ~ '\ ~ ~~ ' \. \, ~ ' \` ' ~ ~ ' L' ~ SS1l~ 1 ' U~ 1. -~ ~ , ,,_ ,;: LINE ITEMIZATION ORGANIZATION City of Atlan[1c Beach PROJECT MANE: Donner Subdivision Revitalization Pro}act III. SUPPLEMENTARY SUPPORT Line It Description A Li Description - t ' Its Description • Prof ect Generated Income (Please shoe source, use, amount and basis of estimate). _ • other program funJs (Please show source, use, amount and basis of estimate). -16- LINE ITENZZATION ORGANIZATION: Cit of Atlantic Beach PROJECT NAME: Donner Subdivision Revitalization Pro'ect III. SUPPL@1ENTARY SUPPORT Construction of road esieasion to facilitate traffic circulation. 600 linear feet of road at 5100 per foot Description * Project Generated Inoome (Please show source, use, amount and basis of estimate). * Other Program funds (Please show source, use, aaaunt and basis of estimate). _ -15- , LINE ITEMIZATION ORGANIZATION: Citp of Atlantic Beach PROJECT NAME: Donner Subdivision Revitalization Proiect II. ACTIVITY COSTS Lin@ Item Description I.~ne Its Description Line Items Description itl'PALS -Ia- :.. <_ . LINE ITEMIZATION ORGANIZATION: City of Atlantic Beach PROJECT' NAME: Donner Subdivision Revitalirati ^ P ct II. ACTIVITY COSTS L~ Item Description {I1T1C 1LP~ Description 7.ille Item Description -13- _. __..~_......ti....,..,x, LINE ITEMIZATION ORGANIZATION: Ci[v of Aclan[ic Be h PROJECT NAME: Donner Subdivision Revicalizacion Project I. ADMINISTRATIVE COSTS Line Item I.3.4 Description Clearance of overgrown lots 5 lots at 5300 S 1,SOO.OC Line Its Description A -12- LINE ITEMIZATION Atlantis Beach PROJECT NAME: Donner Subdivision Revicalizatlon Project I. ADMZNZSTRJITIVE COSTS Line Item L3.1 Contract Services Description Rehab Yro}ect Supervisor IO hours per week ac ;12 per hour x 52 weeks TOTALS S 6,240.00 Line Ira.. I.3.2 _ Description ~ - Rehabilitate hoses 6 hones at 520,000 TOTALS ; 120,000.00 Line Item I.3.3 Description Demolish abandoned structures 3 structures at 52,500.00 TOTALS S 7,500.00 -Il- LINE ITEMIZATION ORGANIZATION: City of Atlantic Beach PROJECT' NAME: _ Donoer Subdivision Revitalization Project I. ADMINISTRATIVE COSTS Line Item I.l.l Wages and Salaries Description Community Development Director 8 hours per week at $18.15 per hour x 52 weeks TOTALS $ 7.550.40 Line Item ~ I.1.2 ages an a ar es Description Code Enforcement Officer/Building Inspector 7.5 hours per week a[ $10.30 per hour x 52 weeks TOTAL- Lt nn Item I.2.1 Fringe Benefits Description Community Development Director S 7,550.40 Code Enforcement Officer $ 4,017.00 $ 11,567.40 Fringe rate .40 x .4 $ 4,629.96 TOTALS$ 4 629 96 -10- C. PROPOSED BUDGET ORGANIZATION:. Citv of Atlantic Beach PROJECT NAME: Donner Subdivision Revi[aliza[ion Pro' t I. Ad ministrativ C e*~ 1. Wages fi Salaries $ 11.567.40 2. Fringe Benefits $ 4.626.96 3. Contract Services $ _ 135.240.00 4. Travel $ p 5. Insurance $ 0 6. Space Costs fi Rental $ p 7. Utilities 6 Telephone S 0 8. Transportation S 0 9. Other Costs (attach S explanation) TOTAL ADMIN ISTRATIVE COSTS $ 151,434.36 ZI. A~tivit 1. Materials $ 2. Supplies $ 3. Equipment/Lease $ Purchases 4. Equipment Rental ~$ 5. Other Costs (attach $ explanation) TOTAL ACTIVITY COSTS $ CDBG PROGRAM FUNDS APPLIED FOR ' $ 151,434.36 (TOTAL OF I fi II) ZII. Suoolemen*_arv Suooo 1. Program Generated Income $ 0 2. Other program funds $ p 3. In-kind Contributions S 60.000.00 4. Audit e TOTAL SUPPLEMENTARY SUPPORT S 60,000.00 TOTAL PROGRAM COST $ 211,434.36 (TOTAL OF I, II, III) On the following pages please identify eater of these bedget lice items by number and name, and describe. -9- d. OBJECTIVE: PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: TIME FRAME FOR ACCOMPLISHMENT BEGIN END 1) 2) 3) e. OBJECTIVE: PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: TIME £RAtg FOR BEGIN END 1 2 3 2. Evaluation: How will the success of your activity project be deterviined7 (Example: Neighborhood Survey) An end of year report will be compiled by staff to demonstrate the actual number of homes rehabilitated and buildings demolished. _g_ B. PROPOSED SCHEDULE OF WORK 1. ¢..~.-+fic Obiecti es for Attaining G~+als: in detail, list quantifiable objectives covering a twelve-month period (October 1 - September 30.) 8. OBJECTIVE: Rehabilitate ten over occupied residences of lov(modera[e income range homeowners PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: TIME FRAME FOR ACCOMPLISHMENT BEGIN END 1) Contract for rehab of 6 homes 10/94 9/95 2) 3) b. OBJECTIVE: Demolish 3 abandoned/condemned struccures PROGRAM ACTIVITIES TO OBTAIN OBJECTIVE: TIME FRAME FOR ACOO[~LISHMENT HEGIN END 1) Contract for demolition of 3 buildings 10/94 9/95 2) 3) c. OBJECTIVE: Cause the clearance of overArovn lots [hrouRhout the target PROGRAM ACTIVITIHS TO OBTAIN OBJECTIVE: TIME FRAME FOR ACCOMPLISHMENT BEGIN END 1) Contract far lot clearing as needed 10/94 9/95 2) 3)___ _~_ 2. prniert gals: State in broad, general terms and explain. (Paamples: to reduce crime, to iaprove housing, to upgrade recreational £acilities, etc.) * To fapzove the h sing stock~in [he target area [o provide safe livin conditions for the residents. - • To red ce crime through clearance of abandoned structures used in th conduct of drug-related activity. To nco r g resident particlpacion in the revitalization process and the maintenance of related improvements. T e coo Re and i prove economic development by improving the fecy a d ppeara ce of Dropezties in the target area. • To impro a th usability of existing recreational facilities by reducing crime and improving the eafecy and appearance of strut [ores in the area. -b- CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY ~y V~I~I '°T~'Y~ 2. Project Goals: State in broad, general terms and euplain. (Examples: to reduce crime, to improve housing, to upgrade recreational facilities, etc.) * To improve the housing stock•in the target area to provide safe living conditions for the residents. * To reduce crime through clearance of abandoned structures used in the conduct of drug-related activity. * To encouzage resident participation in the revitalization process and the maintenance of related improvements. * To encourage and imorove economic development by improving the safety and appearance of properties in the target area. * To improve the usability of existing recreational facilities by reducing crime and improving the safety and appearance of structures in the area. -6- ZII. PROJECT SUMMARY (See Example - Attachment A) A. NARRATIVE 1. a ^ent of Need: Briefly describe the proposed project, include details of problem, citing statistics, 1acJc of existing programs to meet need: show evidence of demand, specific group which would benefit, other details which demonstrate a community need. (Attach a map showing area to be served, if applicable.) This is an on-going revitalization project designed to implement a Revitalization Plan adopted by Atlantic Beach in 1990. The prin- dole focus of this effort has Deen the rehabilitation of elderly/ handicapp d owner occupied s" gle-family residers<es. 18 homes have been rehabilitated since 1990. A portion of current budget year funds are being allocated co acquisition of property for infrastructure improvements related to stozmvater and drainage. The area in question has also been targeted for concentrated Police and Codes Enforcement attention and as a result [he crime rate and number of dila idated buildings has dropped drama[ ically. The efforts have been sustained and eoozdinated with [he rehabilitation work ch gh t the past four y ars Adiacent areas of the City e als i need and are being 1 orporated inco the target area CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 1994]95 CDBG Budget Proposal SUBMITTED BY: George Worley, Community Development Director (-.L~iF~ DATE: APn 1 4, 1994 BACKGROUIJD: Attsched is the Staff proposal for the CDBG budget for 1994/95 budget year. This proposal has been rev lewetl by the Donner CDC (In fact they used this proposal to assist in the formulation of their on application for CDBG funds). Our proposal Includes several ideas recommended by the CDC such as contracting for a temporary project supervisor to assist us in Preparing SpeGlf iCatiOnS and COOrdlnating GOntraCt0 r5. ThP, majority of this years funds is allocated to housing rehabilitation with a smaller allocation for Code Enforcemenr. related activities (lot clearing and demolition). This proposed budget is well coordinated with the Donner CDC proposal so that we can max lmize the benefit to the target area. The DCDC is concentrating on acquisition of land for future development and improvements to residential units not qualified under our program. RECOMMENDATION: Staff recommends approval of the propose0 budget and authorization to proceed. ATTACHMEN?S: 1i Proposed budget appllca on. ni REVIEWED BY CITY MANAGER AGENCA ITEM N0. ~6 1551 Ocean Boulevard Atlantlc Beach, FL 32233-5757 April 6, 1994 Dear Atlantlc Beach City Commission: Please let me introduce myself. AB a new resident of Atlantic Beach, I would like very much to become an asset to my new community in the form of membership on the new Arts and Entertainment Advisory Board. The following is a brief synopsis of some of my related Dast experience: o Nhlle in the U.S. Navy, I acted as the treasurer for the squadron recreation committee responsible for raising funds for activities such as dances, parties, charitable events, and team sports. o Nhile attending Prince George's Community College Sn Maryland, I was the Public Relations Officer for the Student Program Board. I assisted in funding decisions for all college student organizations, and developed and promoted student activities such ae spring festivals, dances, quest lectures, and student elections. o In Maryland and the greater Nashingtom, D.C-, area, I managed and promoted a jazz singer, Nope Clayton, and handled bookings and financial arrangements for club engagements for her group. o Nhile employed as Assistant Transports[ ion Officer for the District of Columbia Public School System, I organized numerous employee volunteer activity conmltteee. I helped secure funding from area businecaea and made subcommittee asslgnmenta for activities such as employee Christmas parties, School Bus Rodeos, and Employes Pamily Days. My wife and I have enjoyed the many music, arts, and seafood festivals in the beaches area, and hope we can contribute to the development of similar events in Atlantlc Beach. Sincerely, -~` Gary A Rhodes" " ~"'~ " 'Z- 247-8 07 :,` -:.. Y.~ Iy a- F 'ALICE JOHNSON GARTLAND a L. ~, ~, -'~ .. STATEMENT - Giving happiness to others through art is my ultimate goal. HISTORY - Born in Philadelphia, Pa. Lived most of life in Washington, D.C. Moved to Florida in 1974. Married. Three sons. ART EDUCATION - Mary Washington College of the University of ~ Virginia and George Washington University. Continuous private instruction with several Washington artists cony chided with Gene Davis, Washington's leading color artist. ~. ~ ORGANIZATIONS - Past President, Beaches Arts 6 Crafts Gallery Secretary, Beaches Fine Arts Guild i Tvo yeas 1st Vice President, Beaches Arts Foundation - Tvo yeas President, Beaches Arts Foundation - r' Two years, member of Cultural Services Grants Committee of the City of Jacksonville. ~, ::?: ..., .- Member of the Executive Council of [he Arts Assembly -- - C-.- ; ~~ - Member of the Steering Committee of Arta Assembly for ~'!~+•::.'=e~ the National Cultural Alliance._ ~- - Member of the Board of the Beaches Arta Povndation ~'?'-~~~°-~ ~. •r,. .,.. ~. Member of the Board of the Beaches Area Historical Society--^3" Member of the Society of Ar[s and Letters (National) COMMUNITY ACTIVITIES _ - } Paculty of FCCJ teaching Art Appreciation - 3 years ~ ~-• -.,,.- Columnist for Beaches Leader - "Art Scene." - --=~.-... -. i , Lecture on request to community groups. ~ .-y --• j- ~ GENERAL - Artist - painting in acrylics and watercolors. Received ~ numerous awards in Washington, D.C. and Plorida from Che following: Adelyn Breeakin, Curator of Contemporary - r Painting at [he National Collection of Pine Arts; Leon Berkowitz, Washington Color Artist; Paul Richards, Art Critic of the Washington Poet; Frank Getlein, Att Critic of the Washington Star; Leslie Alhandler, Curator of Contemporary Ar[ at Ringling Museum, Sarasota, Florida; Dean of the School of Art, University of Plorida. ~,.,., .- ... One-person shove: Veterans Administration, Waehington,D.C., {1 Library, Regency, The P.rt Center, Jacksonville, and Beaches t= Arts d Crafts Gallery. ~ - ~ - ,; March 25, 1994 ~. -''-~ Mayor Lyman Fletcher ~- City Hall Atlantic Beach, F1. 32233 Dear Mayor Fletcher: If you decide to form a committee to promote the arts in Atlantic ~. Beach, I wouidu be interested in helping. For the past five years I have been trying to promote an awareness of the henefi[a of a cultural presence in the community. You have been very supportive . of that goal, and I hope you continue your interest in the arts. .- Enclosed is some background of my work. If I can be of any as~ist- ance on a voluntary basis, I would be glad to help. Sin//c~ere~l~y, / ~~~/J Alice Gartland - 1140 Seminole Boad = Atlantic Beach, Florida 32233 - _.. 249-3644 ~ - - - .';>. TEACHING EXPERIENCE Adjunct Professor, Jacksonville University. 'Introduction .~. .- To Arta Administration'. Spring, 1987. - ~ - Adjunct Assistant Professor, New York University School of Continuing Education. 'Raising Funds Via The Written Word'. Spring 6 Fall, 1984 Guest Lecturer, various conferences and workshops including:.. Tennessee Governor's Conference on the Arts, Southern -... Legislative Conference Cultural S Economic Development ~ - Committee, 'New York Produces Dances, FEDAPT National Management Conference. -,:.- : c MEDIA EXPERIENCE - - Host/Interviewer, 'First Coast Arts', monthly network -~ - television program, WJRS-TV, Jacksonville, PL - . HONORS S AWARDS "'-9"'~~-glorida Publishing ~.. _~ Eve Award Finalist, Employment cats ory. Company, 1988 - ~-- Best Supporting Actress, 1977-1978 Seaeon,~Theatre Jacksonville. ~ - - ~ ' ~ ' - , ..: Local Arts Leadership Institute, University of Mianeeota,,~~}« ~`-iV Hubert Humphrey Institute for Reflective:° Leadership, 1987 - c „_ Leadership Jacksonville, Class of 1986 .~ ~- ~ ~ ~ .' 'Who's Who In Florida', 1989 .•. - - - -~ ~ ~ ',- ~~ ' PROFESSIONAL AFFILIATIONS ~ -~ ~ - ~- ~~ -• - - -?-~- -'"~ - . ~. -. President, U.S. Urban Arts Federation. 1991 - - President, Florida Association of Local Arts Agencies. 1989 - Member, Southern Arte Federation, Board 1991-1993 Member, Community Deveiopment board, Jacksonville Chamber of .. .--., Commerce, 1987 - 1993. ~ ~--'-~ ' Board of Advisors, Florida Cultural Action Alliance, 1990 ~ ~~- Member, Florida Division of Cultural Affairs,~Vitnl Local .- ~~- Cultural Organization Panel, 1990, 1991 .:~+~~:~ - - "~,' State of Ohio On-Site Evaluator, and member Major Institution Panel, 1990 ~ - _ Member, State of Florida Arts In Schools, Basic Education ~. ~-~ - Steering Committee, 1990 - Memberships: Jacksonville Community Covncil; U.S. Urban .. Arts Federation; Florida Urban Arts Study Group; Jacksonville Women's Network. EDUCATION Master of Arts, Educational Theatre. New York University, February 1977. Bachelor of Arta, Elementary Education/Theatre. ~ Beaver College, Glenside, PA. May 1974 -. -. ~ ~- ~ " ":' - -. Benisch resume - - - '~^'~' '- "A" ~~ page 2. ~ .. "... individual giving; prospect research; proposal writing; grant preparation; board development and management; supervision of internal staff; special event planning and implementation. Clients included: Alliance of Resident Theatres/New York, Foundation for the Extension and Development of the American Professional Theatre (FEDAPT), Nev York State Council oa the Arts, The Ark Theatre Company, Chamber Ballet OSA, Circle Repertory Company, Laura Dean Dancers and Musicians, Mental Health Association of New Jersey. - - DEVELOPI~NT DIRECTOR Manhattan Theatre Club. New York. NY: September 1980 - Pebruary 1984 ,~. -. ... Responsibilities included planning and implementation of n - ~ . fundraising campaign including corporate, £oundation, - government and private sources resulting in over $850,000 • annual contributed income for Off-Broadray non-profit - professional theatre. % Plnnaed and implemented annual benefit involving 1,000 guests, 25 sta££,-70 volunteers; resulting in . net income of $120,000. ;Increased privets individual sad - ~• ~ ~~ corporate giving by 3008 in three:peere ~ ~- _"r '-~ DEVELOPMENT DIRECTOR Whole Theatre Comoaav Montclair. NY -- __ April 1978 - September 1980 ~b; ,. Pr- w-~-_ - - -. - Respoasibilities similar to above for non-profit professional _. regional theatre. Served ae representative to Ner Jersey - .- - Theatre group (consortium of non-profit professional _ theatres). Conceived and planned the first cooperative Ner - Jersey Corporate Contributions Awards event. ADMINISTRATIVE DIRECTOR Newark Cherrv~Bloesom Festival. NJ _ ._-_ .- February 1977 - January 1988 ~ ~ ~='~ - ~ - Responsible for planning and coordinating a two reek eerier of over 35 cultural and civic events. ~ Supervised public - relations and Eundraisiag £or the Festival and joint projects -- with City agencies, Rutgers University, the Newark Museum and other private and public organizations. ~ - ELEMENTARY SCHOOL TEACHER Fourth Grade Montrose School. NJ September 1974 - June 1975 - Generalist fourth grade classroom teacher for suburban elementary school for one year. Continued substitute teaching for all elementary grades. i. _ _ .. ~~ Barbara Benisch 390 Garden Lane Atlantic Beach, FL 32233 (904) 241-3050 ARTS DUCATION LIAISON Southern Arts Federation July 1993 - Present Responsible for developing support for arts education ae a vital component of a comprehensive education for all students. Advocate the importance of arts education to regional and state legislative bodies, education and business organizations. Collaborate with arts education professionals at nine state arts agencies in the SAF region to support advocacy efforts, provide technical assistance to local arts and education organizations, research existing activity is arts education to share exemplary programs and information. Serve as a crucial communication link between the SAF states and national arts education efforts. . EXECUTIVE DIRECTOR Arte Assembly of Jacksonville. Inc. December 1984 - June 1993 t - -- ~ Respoasiblefor planning, budgeting, Board development, fiscal management and personnel supervision for non-profit, County designated local arts agency. Nine member full time staff plus part time and contract employees, 500 volunteers for special events and general support, 40 member Board of -- Directors. Annual budget = $1.4 million. Programs included: Advocacy/legislative affairs, Community Cultural Planning, Arts education, Allocation of Jacksonville annual arts appropriation, Annual city-vide arts festival, Annual Arts Awards Luncheon, ARTLINE Monthly newsletter, Technical assistance/consultation/rorkehop programs, Annual membership campaign (individuals S organizations), Artist residency programs, Grantwriting, Corporate fundraising Accomplishments: Increased public funding for the arts from $350,000 to $1,000,000 in five years; created year Arta Education Initiative with pilot grant from National Endowment for the Arta (NEA); received three year $150,000 NEA Local Government Incentive Grant; developed and implemented Jacksonville's f iret Community Cultural Plan involving over 250 volunteers. CONSULTANT: February 1984 - January 1985 Independent services in fundraising and management for non- profit organizations, specializing in performing arts. Services included review of budget end funding situation and recommendations for growth; creation of campnign strategies, plans and materials for government, corporate, foundation and SOUTHERN ARTS FEDERATIO!: 91 ~. ~ tom'. ~ ~;~, ,tom °~, `fie, `~' (.u~a . ~ ~ ~~~ ~ , ~~~ ~ ~ - Arts EnucAnon P.O. Bw 330382 Anun~ Brwo~, FL 3223.30382 909/247-3443 Fex 904/247-362A Mein Osrics 181 14TM Simi, NE Sim 40U 404/874-72M FAw 4048/32148 7T 404/8766240 Maureen King Atlantic Beach City Clerk Atlantic Beach City Comcil 800 Seminole Road Atlantic Beach, Florida 32233 Dear Ms. King, I would tike to be considered for membership is the Atlantic Beach Arts sod -° Entertainment Advisory Board. [would bring to the group the folbwtog athibutes: ~. .. A desire to participate in activities to my community that will benefit everyone : -.y...K..~~tt _ A true consumer perspective is the arts; m significant talent but a fine "rye'..-.... ..... and a good 'ear" - Creativity end energy _ pd ' '~~tive ability. - ,. ... - .. - ... _. 'thank you for considering my application I can be reached at the above address.:.. , .. -. My twine phone number is 247-8173 sod mY ~~ number is 348-7072. 1 look forward to . _.- -~ hearing from you. - ~ ~ ~-~ -- - Sincerely, ~-` Be sy Batren BB:is r, F-' q ~ ,~ ~~ :C Y V ~_, .._ V"5. J:~: ~- 1,` . I( .`' ~." ~~. .. - ?.,r tr._. i _~ Page 2 -. - -ha parson Coplan AFFtt~A.T1ONS ~ Yce Chancelicr - Argentier (1991 -Present) Con[Erie de la Chaine des Rotiasseurs President (1993 - 1994) The Guild of the Jacksonville Symphony Association Vice Conuiller Gastrooomique (198'7 -1991) . Confhie de la Chaise des Rotiasseurs President - Eled (1991-1992) The build of the Iacbwville Symphony Association _ . Advisory Board ~ ... - _ ... Nutcracker (1991)- ! Chairman (1989 -1990) First Coast Nutaadcer Ballet, Inc. -. :, ; _ Co -Chairman (1988 -1989) ~ ... ._ .. First Coast Nutcracker Ballet, Ina- s ._ . ;. ~": Board of DiteMOn (1988 "1992) .~'~ The Guild of the ]acksoavi!le Symphony Association - i Board of Directors West Park Hospita4 Philadelphia, PA „ .. .. Trustee _. International House, Philadelphia, PA Member of the Board Philadelphia Ballet Director Milrose Ud. Ct t)B FFI IA77ONS Epping Forest Yacht Club, Jacksoaville, FL Pontc Vedra Inn & Club, Pontc Vedra Beach. FL The Florida Yacht Club, Jacksonville, FL Timuquana Country Club, Jacksonville, FL Downtown Athletic Club, New Yorl4 NY ,~ ~_ . . f7FNFQ AI nATp Hcighu Weight: Harr Eyes: ~ Health: Marital Status: - { Reaidena: Telephone: Fax: Ira parson Coplan 5 fce4 10 inches 135 pounds Blonde Brown E:allent 10 -Tenth Strat # 61 Atlantic Bach, FL 32233 (904) 241-7268 (904)241-1573 CetipvR EXPERIENCE Desist Carol, lac- Jacksonville, FL - Letitia Bakkidge Enterprises, lac. New York, NY _- Bateau of Advertising, New York, NY McCaB Magarine, New York, NY ... - . ' ~"r Cummins of Chicago, Chicago. IL" ' LapisReatataaot, (OWNER), Philadelphia, PA ~. Fra Lana Saks & Promotion Jantzan Swimwear NCR (earbonless paper) Seiko Seagrsm's Light & Lively Yognrt SedgeBekl Blue Jwm Philadelphia National Bank (fhe above iacludu some of many clients. A morz extcosive list is available upon request.) EDUCATION New York University Studio Playhouse Jones Business College M.T.I. - TV Workshop Dale Carnegie Systems Balitz Language Center Aigkm College. Switzerland Studied with Chef TdI Erhardt f- Tamerbatrm Culinary Institute Ecole de Oastronomie Francaise, Paris, Fraaa +> ,._ (~'~-c~uie~ ..~ ~ e .. a w. ~,, c 5 z ~ rc '~T/. t~~i~i~ ~ F jv :. Y" W ,. ~ F 'sAC ! it~''4f ti r q ~r q. ~: RESOLUTION NO. 94-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF THE RESTORATION OF THE AMERICAN RED CROSS VOLUNTEER LIFE SAVING CORPS STATION WHEREAS, The American Red Cross Volunteer Lifc Saviny Corps (ARCVLSC) provides invaluable services to residents and visitors of Jacksonville Beach; and WHEREAS, the ARCVLSC station is the only one of its type used for volunteer purposes; and WHEREAS, the ARCVLSC station is available twenty-four hours per day for emergency calls by police; and WHEREAS, restoration of the ARCVLSC station is necessary to continue efficient rendering of voluntary life saving, first aid and other such services; and WHEREAS, the ARCVLSC station will be eligible for national listing as a historical monument in three years. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach: Section 1. That the City of Atlantic Beach supports funding by the State of Florida to restore the American Red Cross Volunteer Life Saving Corps Station. Section 2. That the City of Atlantic Beach supports the national listing of the American Red Cross Volunteer Life Saving Corps Station as a historical monument. Section 3. That the City Of Atlantic Beach encourages the cooperation of necessary governmental agencies, community organizations, corporate sponsors and volunteers to lend support to this exciting project. ADOPTED BY THE CITY COMMISSION of the City of Atlantic Beach, Florida, this 11th day of April, 1994. Lyman T. Fletcher Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney A T T E S T: Maureen King, City Clerk ~~ CITY OP ATIAN'TIC EFACE CLTI COMlLISSIOE NELITEC STAPP R6POiY ~~ ITS= USUAGE REPORT FOR PARKS 4 RECREATION FACILITIES-MARCB 1994 SUBMI'fT® BY: ROSE H. BLANCHARD, PARKS 6 RECREATION DIRECTOR ~~= APRII~ 4, 1994 ~~~~~ AS REQUESTED PARKS ACTIVITIES ' JACK RUSSELL PAAK (SCHOOLS, LIITLF LEAGUE OPENING DAY, EGG NUNTS 6 C A M P O U T) 1875 JORDAN PARK KINGS E QUEENS EGG RUNT 100 DONNER PARK (SOFTBALL PRACTICES, CNORCH PICNICS, EGG lII7HTS) 743 I10NNER PARK COMMUNITY CENTER AFTER SCHOOL PROGRAM _ 583 ADELE GRAGE COMMUNITY CENTER AA FRIDAY MTGS. 100 PCCJ CREATIVE CRAFTS CLASS 48 .. _,AA.SUNDAY MTGS. 50 - FCG7 GED PREP. CLASS 72 SCRABBLE 12 BABLTAT MTGS. 60 STATE ATTNY. BEARINGS 10 PRIVATE SCBOOL ART CLASS 30 ABET PERFORMANCES 223 UNP CLASS 8 ABET ADULT NRKSHP. 36 PIANO TUNER 1 ABET CBILDRENS NRKSNP. 36 SPECIAL MEETINGS 6 ABET REHEARSALS 72 POLICE DEPT. STAPP MTG. 10 CANASTA 20 POLICE DEPT. TESTING 15 CRIBBAGE 22 FIRE DEPT. TESTING 15 BRIDGE 16 PABLO PT. COOP 10 REC.ADV.BOARD MTGS. 20 T O T A L 669 TOTAL USE OF ALL FACILITIES ~ N4y193,_ ' NONE AT THIS TLME ATLCH!l~S: none Rl?VIEYm BY CITY NAEAGI{Y: AGIflE/A IT@I E0. ~r 2. HATER TBEATNENT PLANT I3 AT 9B2 ASSISI LAME A. The Cowwittee recomwended that Harry McNally purchase flo~wetere and any other equipwent that can be installed by City forces ae soon ae possible. In this wanner, the design and conetruetion of the tank and appurtenances could be kept to a winiwuw and reduce coats to the City. RSK/tb cc: All Attendeee FILE - 99-MSCR CITY OF rQllaKtce aeaek - ~lduda A prii 4, 1994 N E N O R A N D U M um sAnvnpEx uve AiLA\TIC BEACH. FIARaM 333JJ1a1 TF.LFAI04E 1%112A'YrW rAX IwMI 2(FSlI) TO: Kim D. Leinbach/city Manager FROM: Robert S. Koeoy/Director of Public Morke J~~y~l RE: MATER AND SEMER COMMITTEE REPORT •9 The Mater and Serer Gowwittee wet on Narch 31, 1994 and the attendees rere: Lyman Fletcher, Kim Leinbach, Harry McNally, Tom Hark, Alan Potter and Bob Keeoy. Itewa of discussion rere: 1. STATUS OF AB YASTEYATER TREA'feEtlT PLAMT ENPANSION A. Pump out requirements - BoD Koeoy reported that a meeting rae held on Narch 29, 1994 rith Stan Nodland/Jacksonville Beach, John Galen/Neptune Beach to discuss puwp out requirements to the combined outfall line. It rae decided that Stan Nodland rould call E.P.A. to determine if they could use their emergency outfall line. Also, it rae recommended that a meeting De set up Detreen the Mayors, Lity Managers, and Public Morke Directors of all three (3) Deachee to determine a auitaDle and economical solution tc the pump out problem. B. Design Criteria - Tom Hark indicated that the influent structure rould be a duplication of the existing structure and it rma agreed that a fourth hydra screen rould be added and na bypass line. The Return Activated Sludge /RAS) pump station rould be designed to be ehallorer. Lastly, Tom Hark reviered the air requirements. C. State Revolving Fund Loan from D.E.P. - It rae agreed that Ann Meuse •ill need to review the current D.E.P. rates versus other loan rates end advise rhether re should continue our pursuit of D.E.P. loan funds. ~~ Kim D. Leinbach Page Two March 23, 1994 and administrative costs paid to code enforcement from Community Development Block Grants (there is an allowance in this program to allow inspection costs). By using these methods, assuming the position would begin at pap grade eight, we could allow 54,000 from Community Development Block Grant, 52,000 from building (Account No. 524-3400), 51,236 averaging fines and liens collected times 508. The position is paying 513,326. At pap grade eight it would pap 521,455. The difference of 58,125 would be almost covered. The actual increase in funds would be less than 510,000 to cover all of the expenses of the positicn. DCF/PAB CITY OF roo sa+uotx xown -_-- wl'I.ANrIC aF.1Cn, nARmw J]rSY5M5 __--- rE~,E'pwpNE 19M13fY5B00 M E M ~C tA~_ N D O M rwx oar utseos March 23, 1994 To: Kim D. Leinbach From: Don C. Ford Re: Code Enforcement Officer/Building Inspector Full Time Position In 1991 ue hired a part-time Code Enforcement to handle the many complaints we receive daily from citizens. Prior to this we were not addressing code enf orcemenl, with the exception of extreme cases (one or two complaints a week were answered). Since the installation of the Complaint Management System we have had a marked improvement is responding to complaints and in following them up. Prior to 1991 we have estimated eight cases had been presented to the cede Enforcement Board. Records were not maintained very precisely foe meetings prior to 1985 therefore we interviewed former members of the board to arrive at the estimate of eight cases. Since 1991 we have brought seventy-eight cases before the board. The board meets bi-monthly and we have had two special called meetings to handle additional cases. Due to several factors we have had an increase in complaints handled by the department. The population has increased from approximately 9,000 in 1985 to over 13,000 The Town Center area cencus and estimate from planning/zoning)- and the Mayport Road business districts have made increased demands on the department. we have received complaints from those areas ranging from dead trees, to overflowing garbage, to a skinhead commune on Ahern Street! As the public has learned of the department's programs we have seen an increase in complaints. We are averaging more than sixty complaints a month and have seen a steady increase in the last three years. We feel, to maintain a credible code enforcement program, a full-time code Enforcement Officer/Building Inspector is needed at this time. The position would require a certified building inspector to allow a back-up in the Building Department during peak periods and to fill in when the Building Official is away. This would allow budgeting monies from contractural services in the Building De?artment to cover some of the additional cost of this full-time possition. Other areas for possible sources to fund the position could be averaging fines and liens collected over the past three years April 9, 1994 MEMORANDUM TO: Kim Leinbach, City Manayer FROM: Don C. Ford, Building Inspector RE: Funding for Code Enforcement Officer/ Building Inspector Estimated funding for full tine Code Enforcement Officer for remainder of FY1993-99. Fund 516-3100 - Professional Services - - - - - $1,000.00 Used for legal fees for code enforcement averaging $330.00 per meeting this year. We have two meetings left with a balance in the account at $2,210.00. Fund 516-3400 - Contractual Services - - - - - $2,000.00 Used for outside help and demolition of condemned houses. we have found HUD funds housing demolition and will not use entire fund. Today's balance in the account is $3,365.52. Fund 516-9000 - Travel/Conference/Training - - - - $ 600.00 Used for Florida Association of Code Enforcement classes usually held out of town - will be held at the Marriott at Sawgrass this year - savings of approximately $680.00 over last year's cost of traveling to Tampa, Florida. Fund 524-3100 - Professional Services - - - - - - - $ 500.00 Used for outside architect, engineers for advice on commercial/industrial plan reviews. Fund 524-3400 - Contractual Services - - - - - - - $2,000.00 Used for outside inspector to fill in durirq the Building Inspector's absence and peak periods. Karl Grunewald has recently been certified and fills in this now. Balance in fund - $2,980.00. j~ u't~- i CITY OF Jf*tla.rtie " - ~letida !.. ~. Memlxandum r siaaao~ awo ATANrN' aiACll, nUa1M J124441~ TF1F1110Na 1MN 7A13YY iAI fNU lOdalS Oate: AprA 6, 1994 To: Kim Lainbech, City ttAanaBer Fran: Am Msuss, Fatanca Directs / Subject Offices! 8u'Idirq Insfrcta Fundirp fa Code Enfseesnerlt As rou requested. f lfsvs csladated the sddhionsl coot to fund s futl rims Code Enfacemem Ofbeer / 6uildinp Inspects effective MeY 1, 1894 as to5owe: Code Enfovicernant / t9 /napectw Budgeted Pert Test Sefery i 10,500 Proposed Futl Tarr Salary i 21,455 Additional Coat To Ftnd FtA Time Position Fa 5 Mefltfr flenrirtitlp Of FisCN Yses 1894: Diffesenu M Salary: • 4,564 1 21,455 - 70,500 fa 6 Mantlnl FICA: 349 Pension Cattribition: 412 Hulth i Life Irwranca: 803 Total Additional Cort to Fund Position is 1994 0 6.128 Attached is s memasndum from Dan Ford, Bukfwq Inspects which identifies the fundirq source la this position. I Mw reviewed Ursa aceotarca and the amounts listed an available. Please advise ms it you would Gke me to prepare a budget modification fa the April t 1, 1994 Commission Meetirq. ' ~~ The fullowing is a list of subjects on which we feel it would be helpful to Aave policy statements from the City commission: ESSENTIAL SERVICES: Which services are considered essential, and what level should be provided? BIDDING OUT SERVICES: What services should city forces provide; what services should be bid out annuallyY PARKING: Rights of way/beach accesses SIDEWALKS: Target locations for construction LAND ACQUISITION: Annexation/Purchase; Expansion of park lands RECREATION BOARD/ARTS fi ENTERTAINMENT BOARD: Identify areas of responsibility COMMITTEES: Duties/responsibilities INTERGOVERNMENTAL COOPERATION: Services RUSSELL PARK: Prohibit parking on grass (Including Little League) FEES AND CHARGES SPEED BUMPS/STOP SIGNS UNDEDICATED ROADS CODE ENFORCEMENT ... ...... y.....~.. ,yam.., .._..... ....,.~ City of Atlantic Beach Tentative Budget Calendar Fscal Year 19941995 O~L@ Reau~bo~ Resnonslbifity 4-May-94 Budget instructions and forms given to Dept. Heads Finance Director 15-May-94 Property Appraiser provides Estimated Preliminary Prop Appraiser . Taxable Value per F.S. 200.065 30-Jun-94 Department budgets submitted to City Manager, Depart. Heads 1-Jul-94 to 15-Jul-94 City Management and Finance Director Meet with Department Heads. Depart. Heads & City Mgmt. 1-Jul-94 Receive Certi/icate of Taxable Value -Pro A P- DWaiser Prop. Appraiser 15-Jul-94 Department of Revenue provides estimates of State Revenue Allocations. Dept. of Revenue 16-Jul-94 to 1-Au9-94 Proposed Budget prepared for submission to City Cit M mt. & Commission. Finance Director 25-Jul-94 City Commission adopts proposed mills a rate and City Commission sets date and place for public hearing to consider proposed millage rate and tentative budget. This information must be provided to tFte Property Appraiser within 35 days of Certification of Value (July 1, 1994) . Property Appraiser prepares tax novices which must be mailed within 55 days of certification of value . The public hearing on the tentative budget and proposed millage must be held within 80 days but not earlier than 65 days of the date of certification of value. F.S. 200.065 3-Aug-94 Proposed budget submitted to City Commission. City Mgmt. & Finance Director 8-Aug-94 to 1-Sep-94 City Commission workshops to review bud et. 9 City Commission City Mgmt. & Staff .3-Sep-94 Publish budget advertisement in newspaper. Finance Director 7-Sep-94 Public Hearing to adopt final millage rate and budget. City Cwnmission Must be held not less than 2 days or more than 5 days after the day the budget advertisement is in the newspaper. 21-Sep-94 Publish TgIM notice in newspaper , Finance Director 26-Sep-94 City Commission final heari & a Millage. ~ Pproval of Budget City Commission i a4 C/TY OF ATLANT/C BEACH BUDGET MEET/NGS F/SCAL YEAR 1993/94 DATE June 2 Pre-budget meeting July 26 Budget presented to Commission July 28 Established proDOSed millage rata August 2 Budget Workshop August 10 Budget Workshop August 24 Budget Workshop August 30 Budget Workshop September 2 Committee of Fletcher, Waters, and Jarboe September 8 • Shade Meeting September 8 Budget Workshop September 7 7 Shade Meeting September 13 Tentative Budget passed at Commisson meeting September 20 Shade Meeting September 22 Budget Workshop September 27 Final Budget passed at Commisson meeting _,,.r,,.__.~. ., ,.may., ._ ,,....~utn City of Atlantic Beach Funds Budgeted Fa 1993/1994 (2.6X)LOCaI QpfMi°n~as°__.._..__ ._ (di.7%) Sewer fur :eriaral Fu1q (1.d%) SI°nn WaW Uti'ey !.3%) Water Funds ~,., r~ ...peal rr°fea rum (3.9%) Debl Servke FuM CITY OF ATLANTIC BEACH FUNDS BUDGETED FOR FISCAL YEAR 1993-1994 General Fund 4,900,488 27.14% Convention Development 150,000 0.83% Sanitation Fund 1,236,765 6.85% Miscellaneous Grants 125,000 0.69% Local OpBon Gas Tax Fund 464,137 2.57% Sewer Funds 7,531,096 41.71% Debt Service Fund 697,388 3.86% Capital Projed Fund 301,000 1.67% Water Funds 2,403,982 13.31°~ Stone Water Utility Fund 247.532 ~ t3 057 ae8 1.37% 1 . . ° S i _ ~ - ~ n f n 3 n - _ sm ~ r _ ^ 3 X - Y n ~ ~'` C 7 LL ~ f`6 $ Im^ V Y } j LL ¢' m 3 N ~ o L.ar oooafoaroN~momm P.noo~a+-nm rmmn O SPIN nm+mnO~~m~p N+a7r~m0rtV+hr0m0 ~m~mO rtO`I+~-Nm+r'~ O 0p cczu`-'P3cs2u oY'Y 0.°_ ~'n Eo~md.°~e pu D°' s'~t-m .~ N m m C O Pw LL n. O U J m 0 m 0 H ~ e ~a mLL Uc .aw am-c P a n + m m i m ° ~` °o E an c od dU n_ m o U U W .~-a-a .a~'~ Cam COOP J r°" ^.<ti I II ~OOO°m+°n I I I ~Om~°ornd N ~ m M1 ~ flm+~O~ O o . ° ° K_E m m `m O~ % LL 0 ~ C n v° ~ > N a, a 'o °> ce mo `z-_.a~~f + LL o C J 0 m n C m~ au` iO~LL ~~ ~ `o - ~ C J q f ~(~ NL gd3 m c - ~ f { o L o ~ x = m m X ~+ v 3 gg a U m m '~ ~ e U _ w ~ 0 ~ ~ Y B ~ P a V i yc ~ ~ S O .!!.. LL X r d x a 0 o U V '~~' g ry ~ 033.. ~ N ~~~a ~~ ~_ ~~~~ N ~ n H n ~ F ~ ~ • ^ Q no__8 ~~ nnw a~ov~~ii O Oi C N G ~'~~~~ ~i.~ V 3~ o r 2 L e m m ~ c i m ~ E b ~ b ~ e a • 3 X e L m i m c~ S co ~ Q$ o' .. U 0 w i 0 a t ~ U K M a c c ! o d LL H O F'~J I VC c~ l ) ':' ~ / J ~ / ~~ Page Three Minutes of Strategic Planning Session March 29, 1994 Following further discussion it was felt that staff would be in a better position to present the information about the budget in a more technical and unemotional manner than the City Commission. Following further discussion, it was agreed to hold a brief meeting at 7:00 PM prior to the Fire Department Impasse Hearing on Tuesday, April 5. The Mayor noted that participation in the recycling proyram was down and it was suggested that an article be placed in the next edition of the newsletter. There being no further discussion the meeting was adjourned. Maureen King, City Clerk .,.. ,_ ~.,.~... ,. .. ~,~ y..s .._h.:~_~~_ page Two Minutes of Strategic Planning Session March 29, 1994 include construction or reconstruction of sidewalks and landscaping and beautification. It was also agreed the city should keep away from proprietary specifications as much as possible and include the names of two or three makes and models in specifications when purchasing commodities. At this time discussion was directed to the budget and Finance Director Ann Meuse distributed information relative to the property tares paid by Atlantic Beach property owners. The data included graphs which illustrated the percentage of property taxes retained by Atlantic Beach and the percentages which went to other taxing authorities. Graphs were also provided to illustrate how revenues were spent. A copy of the data is attached hereto and made a part hereof. Ann Meuse reported she hoped to be able to identify specific costs relating to operating enterprise funds so it would be possible to determine that utility rates were appropriate to the costs of operating the utility. She explained the Truth in Millage (TRIM) regulations and provided a tentative budget calendar. Discussion ensued relative to the Beaches Hospital which would no longer be a taxing authority since it had just been purchased by Baptist Hospital. It was pointed out that Neptune Beach intended to hold a referendum to ask the citizens to approve increasing ad valorem taxes by an amount equal to that which would have been paid to the Hospital, with the stipulation that the increase have a sunset clause and that the funds generated by the increase be used for capital improvements which the City Manager could identify. It was felt if the city did not wish to have an official referendum, a straw ballot could be conducted in City Hall over a period of several days. Discussion ensued regarding the acquisition of additional property in the vicinity of property already owned by the city in Section H. Commissioner Weiss felt the owner was interested in selling his property and he felt the Beaches Hospital tax money Could be used for this purpose. The City Manager agreed to pursue the purchase of this land. Discussion ensued relative to the community budget meetings and Commissioner Shaughnessy expressed some fears that these meetings may be perceived as an opportunity for the vari o~~s communities to present their wish lists and people would he angry when the city could not meet their needs. The Mayor, however, felt the meetings were being held more to educate the citizens to the sources of revenues and expenditures and the various limitations of the city. MINUTES OF THE STRATEGIC PLANNING SESSION OF ATLANTIC BEACH CITY COMMZSSION HELD IN CITY HALL CONFERENCE ROOM ON TUESDAY, MARCH 29, 1999 Commission Members Present: Lyman T. Fletcher, Mayor Suzanne Shaughnessy, Commissioner RObert G. Weiss, Commissioner Commission Members Absent: Steven M. Rosenbloom, Commissioner J. Dezmond Waters, III, Commissioner Staff Present- Kim D. Leinbach, City Manager James Jarboe, Deputy City Manager Ann Meuse, Finance Director Maureen King, City Clerk The meeting was called to order by Mayor Fletcher and Maureen King distributed a list of subjects on which the city administration felt policy statements from the City Commission would be helpful. A brief discussion ensued relative to the matters listed, as follows: ESSENTIAL SERVICES: Public Works (Water, Sewer 6 Garbage Service), Police, Fire, Stormwater Management, Code Enforcement, and Equipment MalntenanCe. It was felt that the level of service would depend on funds available or on what residents would be willing to pay for the service. BIDDING OUT SERVICES: Commissioner Weiss felt it was important to have back up equipment to enable services to be provided in the event of a breakdown that would result in fines. The City Manager indicated this was standard procedure where practical. It was consensus that on-going services such as lawn maintenance, janitorial, pest control, etc. should be bid out annually. The City Manager pointed out that lawn maintenance had been deleted from the budget for this fiscal year and he felt city crews were not adequately equipped to perform this work. The City Manager suggested that this year be used as a base line and adjust up or down as desired. Discussion ensued regarding maintenance of rights--of-way and it was felt the city should maintain the rights-of-way on main thoroughfares and that water and sewer projects should .r I Page Three Minutes of Commission Workshop Mar~;h 23, 1994 Kevin Bodge, 349 Tenth Street John and Belinda Owens, 328 Tenth Street Patrick Clanton, 371 Plaza Russell Smith, 1989 Selva Marina Drive In discussion about parking, a question was a=kin andaChief designating additional parking spaces for permit p 9 Thompson indicated 80 - 100 additional parking spaces had been identified when the parking study committee biked tzocedu~et for city. The City Manager indicated that the p designating additional permit parking spaces was provided in the city code. Barbara Bonner inquired whether it was necessary to charge 51.00 to renew the parking sticker She pointed out there is no charge for the use of other city fusedr to ssubs dine aothe9 sticker fees were, therefore, peing activities. It was suggested en aout with parking gdecals~atIt novas permit parking spaces be g~ also felt that a bike rack at Twentieth Street may encourage some residents to ride bikes instead of driving cars to the beach. There being no further discussion, the Mayor declared the meeting adjourned. Maureen King, City Clerk ~. Page Two Minutes of Commission Workshop March 23, 1994 -~~--- State of Florida. He reporfod the opolice rdepartmente and bthese reserve officers working officers may help with traffic control. The five-way stop sign at the Plaza/Seminole/Sherry intersection iigharshould be ninst lied and Chief Thompsonefelt the st p s gn was more effective than a signal light. s on Plaza and many of eed bump s had Discussion ensued regarding the sp the residents who were present indicated that tresidents onpNinth been effective in reducing the speed. However, and Tenth Streets traff iC ehad ha ncreased oonegtheir streetss~ea bumps on Plaza, suggestion was made that speKdr~b Sanders feltathaa speed bumps east/west streets. Howeve osed to extensive use of speed bumps. damaged Cars and he was Opp Russell Smith indicated there were a lot of children on the 19 he block of Selva Marina Drive. Traffic had increased due to other ed bumps installed, Landing and while h~°5 ldidr not all vshare that feeling. indicated his neig suggestions were made to a=ken spe la ce cars throughoutt hemcity- o identify speeders, and p 9 Po Some residents asked whether there was anything they could do about vehicles which they frequently observed speeding a rv in r deta3lssof suggested these people call the police station g' 9 repeated speeding would cautionp the drivers not Cosinmissioner oWeiss that basis, they felt that citizens should be be ~ that fanmarticlet be placed inmthe in atlantic Beach and Bugg city newsletter. Chuck West complained of the traffic on Levy Road. The road was in poor condition with shoulders broken away and large trucks wer Mana er inclined to drive in the middle of the road. The City leted to improve Levy reported that the design work had been comp led ed to retire Road bu :, funds would be limitas tax funds rwererp nd9 half due to the fact that most of the g bonds. In the meantime, city crews wouieede to scalltsomeo of pthe the shoulders of Levy Road and he ag businesses in that area and ask that they caution their drivers. Following further discussion, the Mayor asked whether anyone in the audience would agree to serve on the parking study committee and the following people volunteered: .^ MINUTES OF THE WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL ON WEDNESDAY, MARCH 23, 1994 Present were: Lyman T. Fletcher, Mayor Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss, Commissioners And: Kim D. Leinbach, City Manager Jim Jarboe, Deputy City Manager Maureen King, City Clerk Absent: Steven M. Rosenbloom, Commissioner The meeting, which was being held for the purpose of discussing problems relative to traffir_ and parking throughout the city, was called to order by the Mayor. He felt two areas which needed to be addressed were speeding and parking. He reported that a traffic and parking Study had been conducted in 1992 by Albert H. Halff 6 Associates. A committee had been formed and the members had biked through the city and conducted a visual inspection of the parking areas, particularly the street ends and beach accesses. He asked Chief Thompson to report the committee's findings. Chief Thompson reported the committee found that "NO Parking" signs has been posted illegally by residents and the city had too many signs, many of which said the same thing in different ways. Many of the illegal signs had now been removed and the language on city signs was being standardized, and marking of areas designated for sticker parking was being improved. He indicated that additional parking spaces had been identified but residents had landscaped city rights-of-way, thus preventing other areas from being used for parking. Chief Thompson reported that Atlantic Beach police officers had written 3,500 citations for speeding in 1993. Officers have been assigned to residential areas more often but they are frequently called away on other calls. He reported in response to requests for speed bumps or stop signs the Police Department conducted speed surveys and action was taken if there was a demonstrated need. He felt speed bumps often served to divert traffic to other streets and thus, problems may not be resolved but moved to other areas. He also felt speed bumps encouraged speeding between the bumps. The Mayor noted that the Halff study had suggested changing the traffic pattern on Ocean Boulevard and East Coast Drive to one-way only, and restriping to including bike lanes. He felt this was something the city may wish to consider further. Commissioner Weiss inquired whether the speed limits in Atlantic Deach were realistic and whether the city had any control over the amount of fines. Chief Thompson explained how the iaw regarding speeding was enforced and he indicated that fines were set by the HE, THE ONDERSIGNED, OPPOSH THE LOTTING OF AN ACCESS ROAD INTO SANDPIPHR LANE. WS FEHL IT NOOLD B8 DHTRII~NTAL TO SELVA LINRSIDB DOE TO E%CESS TRAFFIC THAT WOOLD BH CREATED. IT NOOLD AND THISNADDHDTTRAFFICNNODLD EgFEC~NH SAFHTY OFSOURNOLE ROAD SOBDIVISION. - ~--- --- ~" -- -- ------- F ~ n. ~ i ..._ . " - - -- ~~ ~ --119~_S '` ~7 - ~ ~~ - - O Jiv /~ J G/NKSl6 ~/' MTi. (;Clf Fes- 3~~3' v~ / N /~ 6 z /~ WH, THE UNDERSIGNED, OPPOSB TH6 LOTTING OF AN ACCHSS ROAD INTO SANDPIPER LANE. NE FEHL IT WOULD BB DHTRIMBRTAL TO SHLVA LINRSIDE DUE TO E%CHSS TRAFFIC THAT NOOLD 88 CRHATSD. IT WOULD RESULT IN ACUT-THROUGH BHTWBEN NAYPORT ROAD AND SENINOLB ROAD AND THIS ADDED TRAFFIC WOOLD HPPHCT TH8 SAFETY OF OUR SUBDIVISION. Name _ Haor~S= _ - - - - ~~j~~ ---' ------ - - --- -- -- I J - - e l r7n~illw l_ ~A l~rt~w//1/1 ~47~ ~.(~0 ~W+w~c de ~, ~Jrz - ~. . .v WH, THE UNDERSIGNHD, OPPOSE THE LOTTING OF AN ACCESS ROAD INTO SANDPIPER LANE. N6 FEEL IT MOULD BS DETRIMHNTAL TO SELVA LINRSIDE DOE TO SECSSS TRAFFIC THAT ii00LD BH CREATED. IT WOOLD RESULT IN A CDT-THROOGH BHTN/BHN NAYPORT ROAD AND SSNINOLS ROAD AND THIS ADDED TRAFFIC NOOLD EFFECT THS SAFHTY OF OUR SUBDIVISZON. Nance -- - -~-~,-~-~~-~-----_-- ~- Frsu r'~s NE, TttE ONDERSIGNSD, OPPOSE THE COTTZNG-0F AN ACCHSS ROAD TNTO SANDPIPER LAMS. - NS FEHL IT NOOLD HE-DETRIM61iTAL TO SHLVA , LINRSIDE DO$~TO BECESS TRAFFIC THAT NOOLD BE CRHATHD. IT-„Nl~1LD RSSOLT ZN A COT-17ffiOOGH BETWEEN MAYPORT ROAD AND SSMINOLS"'ROAD AND IBIS ADDED~TRAFFIC WOOLD EFFECT TR6 SAFETY OF OOR SfTBDIVISION. - i _ _ ~~33 Lvrc.E.r1~ ~~ _ - -- ------lLQ4 L1tiKS/0~ (yam l~"~ _.- D --- --------ll -- ~~ ~~~ ~ ~ _ _ 1 I cll, L .lac ~t~~_~a~~ _ 1t7a 1~~~~.~!,~Ct~__ _ - --- - . -----I-1-4~~--s..~-sT.-~.--- - - - Il`ls' /-~„rs~eF Cr e , /ry~U~.,~,.~~ G• ~ ~ r -- - ~ G~ivs //y~Gr~~aea- G, ~ -- ----- - - - ,~~~ --------- _ _-- --lL$1 ~ ~ - - ------ - (13~} UrvYSt~T~ __ - - . i~ ~i _.. WE, THE UNDERSIGNED, OPPOSE THE CUTTING OF AN ACCESS ROADINTO SANDPIPER LANE. WE FEEL ZT WOULD BE DETRIt~NTAL TO SELVA LINRSIDE DUE TO E%C%SS TRAFFIC THAT WOULD HE CREATED. IT WOULD RESULT IN ACUT-THROUGH BETWEEN MAYPORT ROAD AND SENINOLE ROAD AND TNIS ABDED TRAFFIC WOULD ~FFECT Tt~ SAFETY OF OUR SUBDIVISION. -- ---- (isc.t- ~i%~ 'gyp /7 _ .. .. __ //3J S~k~b.d1 ~% ~~~ SELVA LiYCES ASSOCIATION, INC P.O. Box 331365, Atlantic Beach. FL 32233 NE, TFE I!lDERSIBlED, OPPOSE THE CUTTING OF Atl ACCESS RDAD INTO S11ImPIPFR LANE, ME BELIEVE THE PROPOSED ACCESS ROAD MILL BE IRREVERSIBLY DETRIMENTAL TO THE SELVA LAMES AND SELVA LINKSIDE NEI9830RH000S. TIE INCREASE IN THROUGH 7RAFFiC AND CWSEDUFNT INCREASE IN NOISE (AS ME11 AS THE LOSS OF A BEAUTIFUL STAND LL TREES IF DOIIQt ROAD IS EXTENDED) MILL HAVE AN II!£DIATE NEBi1TIVE EFFECT ON TIE MIYILITY DF OlF NEI6HBOIiEDODS. ALTNOUSH THE PROPOSED ACCESS ROAD MILL BENEFIT TIE OE\k1tpER MHO WWTS TO PITT lP NET1 WITS IN THE DONNER AREA, TIERE AFE NO BOEFITS 70 THE RESIDENTS OF SELVA LA1o=S AIm SELVA LINKSIDE. TO TIE CONTRARY, THERE ARE CDSTS. THEY IiOi'T SHGI W IN THE OFFICIAL FRILL TA6 ff THE PRROPOSEID ROAD, BUf THEY ARE HEAL COSTS MEVERTFELE55 FOR TIE ATLANTIC BEACH RESIDFMS OF SELVA LAIa:S AND SELVA LINKSIDE, PEOPLE MHO ARE TRYING TD CREATE GOOD HOMES MID ENVIRONMENTS FOR THEIR FAMILIES. ~L ~.,~ 1~~--~~e~-Ge1~ ~f'~-f S.~1JA-CkL'~S ~ rc~ Z'~(-ela3~ SELVA LAKES ASSOCIATION. INC P.O. Box 331365. Atlantic Beachr FL 32233 NE. T}E UNDERSIGIEDr OPPOSE TIE CUTTING OF AN ACCESS ROAD INTO SANDPIPER LANE. IE BELIEVE TIE PROPOSED ACCESS ROAD MILL BE INEVERSIBLY DETRIMENTAL TO TIE SELVA LAKES MID SELVA LINCSIDE NEIGHBORHOODS. TIE IN7EASE IN THROOfii TRAFFIC Alm COI6EDlENT IMf3lFOg IN NOISE (AS IEIl AS THE LOSS lF R BEAlJT1FUL STAND OF TREES IF OOiER ROAD IS E%TElmEDI MILL HAVE AN IMM]IIATE NEGATIVE EFFECT ON THE DUALITY ff OUR NEI61rH[iDmODS. ALTFOIIGH THE PROPOSED ACCESS ROAD NTLL BENfIT THE OENELOPEil IMO NAMTS TO PUi UP N3i UNITS IN TIE GONER AREA. THElE ATE NO BEIEFITS TO THE RESIDENTS ff SELVA LAKES Alm SELVA LINKSIOE. TO THE CONTiNWYr THQE ARE COSTS. TlEY HON'T SHON UP IN iFE OFFICIAL PRICE TAG OF THE PROPOSED ImADs BUT THEY ARE REAL LOSTS NEVERTIF1F35 FOR TIE ATLANTIC BEACH RESIOOtiS OF SELVi1 LAKES Alm SELVA LINKSIOEr PEOPLE f1iO ARE TRYING TO CREATE GOOD Fi01E5 Alm ENVIRON£NTS FW THEIR FAMILIES. SELVA LN(ES ASSOCIATION, INC P.O. Box 331365, Atlantic Beach, FL 32233 NE, THE LHOERSIfilED, OfWOSE THE LOTTING lF AN ACCESS ROAD INTO SANOPIP[R LfY'E. NE RELIEVE 7FE PROPOSED ACCESS ROAD NILL BE IRREVERSIBLY DETRIIFIiTAL TO THE SELVA LAKES AN) SELVA LINKSIOE NEI9mRtti0O0S. TFE INCRFA¢ IN TNROISFI TRAFFIC Alm CONSEfaIFDR INS IN NOISE tA5 IEll AS THE LOSS OF A BEAIII IFUL STAND (F TREES IF DINNER Rl1i1D IS E%TENOED> NILL HAVE iW 1!!£DIATE NEGATIVE EFFECT ON TIE IXYILITY OF Ollt NEI9mORli00DS. ALTNlK16H TIE PROPOSED ACCESS ROAD NILL BElEFIT TFE DEVELOPER H10 WANTS TO Pl1T LP NEN (HITS IN TIE GONER ARER, THERE AIE NO BENEFITS TO THE RESIDENTS OF SELVA LAKES AND SELVA LINKSIOE. TO THE 131HTRARY, THERE ARE COSTS_ THEY WON'T SHRi IP IN THE OFFICIAL PRICE TAG l1F THE PROPOSED ROAD, BUT TEY ARE REAL COSTS NEVERTHELESS FRt THE ATLANTIC REACH RESIOE/7TS OF SFLVA LAKES Alm SELVA LINKSIOE, PEOPLE WHO ARE TRYING TO l3EATE 600D HOLES AND ENVIRONMENTS FOR THEIR FAMILIES. Y c/4 i Z°~ ~ • ~tiy3 o sp,~t~ j'v ifrj' - z•s~G - 08'8"6 ,~~l1.au~,u~r ~5'Y ~~-y Way - zy6- dt~~o -~ ~/-0?.2 ~~ ~y(,~.5id -i3 ~~y~iz ,_r~-.--, 4sz ~ ~-~ <. SELVp LAKES ASSOCIRTION, INC P.O. Box 331365r Atlantic Beach, FL 32233 WE, THE UNOERSIfilED, OPPOSE TIE CUfTIN6 OF AN ACCESS RORD INTO SRNOPIPER Li11E. WE BELIEVE THE PROPOSED ACCESS ROAD MILL BE IRREVEitS1BLY DETRIMENTAL TO THE SELVA LA10=5 AND SELVp LINKSIDE NE[9Bi0R1U0D5. THE INQiFASE IN TFHOUfiFI TRAFFIC AND CONSEGIEMi INCREASE IN NOISE <0.S WELL AS THE LOSS OF A BEAUTIFUL SiAlm OF TFEES iF DO!!ER ROAD IS EXTENDEDI WILL WIVE AN IMMEDIATE NEGATIVE EFFECT QI THE GIIRLITY OF OlR /EIGHBQOi00DS. ALTHOl1Gl1 TIE PROPOSED ACCESS RORD WILL BENEFIT THE OENElOPER Il10 WRNTS TO PUT UP NEW OMITS IN TFE DONIER AREA, THERE ARE NO BENEFITS TO THE RESIDENTS OF SELVA LA10=S A!m 'FLVA LINKSIOE_ TO THE CONTRARY. THERE ARE COSTS_ THEY WDN•T SHOR UP !N THE OFFICIAL PRICE TAG OF THE PROPOSED ROADs BUT THEY ARE REAL COSTS NEVERTHELESS FOR THE RTLANTIC BEAa1 RESIDENTS ff SELVP LA14:5 AND SELVA LINKSIDEr PEOPLE WHO ARE TRYIN6 TD CFEATE 600D HOMES AND ENVIRONI£NTS FOR THEIR FiWILIES. .~ ~~ SELVA LAKES ASSOCTATIDN, INC P.O. Box 331365, Atlantic Beach, FL 32233 NE, THE LNDEIt•'IRED, OPPOSE THE CUTTING OF Atl ACCESS RORD INTO SANDPIPER LADE. NE BELIEVE THE PROPOSEp ACCESS ROAD NILL BE IRREVERSIBLY DETRIPENTAL 70 7TE SELVA LAKES AND SELVA LINKSIDE NEIGHBORFIOODS. TIE INCREASE IN TNRDUGH TRAFFIC AND CONSEg1EMT INCREASE IN NOISE (AS NELL AS THE LOSS OF A BEAUTIFUL STAND OF TTEES IF DpfER RMD IS EXTENDED) NILL HRVE AN IMMEDIATE NEGATIVE EFFECT ON THE OIHLITY DF Ollt NEIGHBORHDODS. ALTHDl1GFi TIE PRDPOSED ACCESS RORD NILL BENEFIT THE DEVELDPER III10 LYWTS TD POT lP PEN UNITS IN THE DDMER AREA, THERE ARE NO BENEFITS TO THE RESIDENTS OF SELVA LAKES Alm SELVR LINKSIDE. TO THE CONTRARY, THERE ARE COS75_ THEY NDN'T SHON UP IN THE OFFICIAL PRICE TAG DF TIE PROPOSED ROAD, BUi THEY ARE REAL COSTS NEVERTHELESS FOR THE ATLANTIC BEACH RESIDENTS !F SELVA LAZES AND SELVA LINKSIDE, PEOPLE IIF10 ARE TRYING TD CREATE 60OD NUES AND ENVIRDPlENTS FOR THEIR FAMILIES. eez Z a7U- w35 ~~ ~7/ nT SELVA LAKES ASSOCIATION, 1NC P.O. Bax 331365, Atlantic Beach, FL 32233 WE, THE INDEFLSIC~ED, OPPOSE THE CUT7IN(i OF AN ACCESS ROAD INTO SMD)PIPER LME. 11E BELIEVE THE PROPOSED ACCESS ROAD WILL BE IRREVERSIBLY DETRIMENTAL TO THE SELVA LADS Alm SELVA LINI6IDE NET9BIORIIOODS. THE INCREASE IN TNROO[iFl TRAFFIC AND CON'.,EGIENT INCREASE IN NOISE tAS HELL AS THE LOSS OF A BFfNJTIFUL STAND OF 717EES [F OOtNE7F ROAD IS EITQDIEDI 4TLL INVE AN illED[ATE NEGATIVE EFFECT ON THE 9UALITY OF OIN NE[9NORIIOODS. ALTHDNGH THE PROPOSED ACgSS ROAD WILL BENEFIT THE DEVELOPER WIO WANTS TO POf lP tEW (NITS IN THE DRIER NER, 7N[liE AFE NO BENEFITS TO 7HE RESIDEMS OF SF1VA LADS AND SELVA LINKSIOE. TO TIE CONTRARY, THERE ARE CASTS. THEY WDN'7 SNOW lF IN THE OFFICIAL PRICE TA6 OF 7HE PROPOSED ROAD, BIJT THEY AIE REAL COSTS NLVERTH[]FSS FOR THE ATLANTIC BEACH RESIDEMS OF SELVR LADS AIID SELVA LINKSIDE, PEOPLE WHO ARE TRYING TO CREATE GOOD HOLES HND (]JVIRONIENTS FOR THEIR FAMILIES- d,y AS ~ 7/ Jr~u ~5~~-i 1 ~/c~t .7~ ~ '.7~7 J Q~r.^~~^~m, ~jPd~ 5sa, Pelicatl ~(ey r v-~~ /eq-3 ~~~ Ul~c~c, del ~dC.~J~,FA.ti vL~ 56~ SeJvu Lames C~~ zq~-rib Oon_Ej~. ,~()r~-pD -#55 Ss-EVCi LniC~ Ctn ~9~i-(rV~2 ~~ SELVA LAKES ASSOCIATIDN, INC P.O. Sox 331365, Atlantic Beach, FL 32233 WEr THE UNDERSIGNED, OPPOSE THE CUTTIIG OF AN ACCESS RDAD IXTO SANDPIPER LANE. WE RELIEVE THE PROPOSED ACCESS RDAD WILL BE IRREVERSIIi_V DETRIIENTAL TO THE SELVA LAIffS AND SELVA LINKSlDE lEI9E0RlIOODS. THE INCREASE IN THRi)IFH TRAFFIC AND COl6E9UENi IN(TEASE 1N NOISE (AS WELL AS THE LOSS <F A BEAUT1F11 STAND OF TREES IF DONIETt ROAD IS E%TETmED) WILL HAVE AN IMMEDIATE NEGATIVE EFFECT ON THE DIHLITY OF OUR NEIGHBORFODDS. ALTHOUGH THE PROPOSED ACCESS ROAD WILL BElEFIT TIE DEVELOPER IffO WANTS TO PUT LP NEY UNITS IN THE DONIEft AREA, THERE AFE NO BENEFITS TO TIE RESIDENTS t)F SELVA LADS AhV SELVA LINKSIDE. TD TIE CONTRARY, THERE ARE COSTS. TTEY WONT SImW UP 1N THE OFFICIAL PR[CE TAG OF THE PRWQSEp HDAD, &7T THEY ARE REAL COSTS NEVERTHELESS FOR THE ATLANTIC BEACH RESIDENTS (F SELVp LADS Alm SELVA LINKSIDE, PEOPLE fA10 ARE TRVIN6 TO CREATE GbOD HOMES AND ENVIROIlENTS FOR THEIR FAMILIES. (~_~ ~/~r-~-~n S~7 S~~l mac: Lc~s C', r~ y~i-~ s?~~ \1(i ._~ V`I..~.~._ ~2~1 SY'LVq ~K~S ~. ZCIrl- ~O~ P , ~ ,; c,~c~. 5~ ,~ ~ mac. a 49- 5~) i'; n , . u ~ ` ~ C/~~~ ~~~SFL1i,C /,b-mac ~~„ 7cLI ~,V~c~ Sc~ ~~}l.4 ke_s ~1~ z ,- Sir .~ /L 4 . Lr,~c . s ~~, ,~ Y G-3E ~~ SELVA LAKES ASSOCIATION, INC p.O. Box 331365, Atlantic Beach, FL 32233 WE, THE IlmERSifiIED. DPPO~.~E THE CUTTING DF AN ACCESS ROAD IMO SgNDPIPER LANE WE BELIEVE TiE PROPOSED ACCESS ROAD WILL BE IRREVERSIBLY DETRIMENTAL TD THE SELVA LAKES Afm SELVA lIlKSIDE NEIfi1~OfDI00DS. THE INCRFA4E IN THRIXIGFI TRAFFIC AND CDNSEDIFNT iNCREPSE IN NOISE 10.5 WELL q5 THE LOSS DF A BEAUTIFUL STAND OF TREES IF DOWER ROAD IS E%TETDIED) WILL HAVE AN IMMmIATE NEGi1TIVE EFFECT DN THE g1gLITY DF OUR NEI6IBIORHOODS. gITHOUGN THE PROPOSED ACCESS ROAD ' WILL BENEFIT THE DEVELOPER WHO W1WTS TO PM lP NEW WITS IN THE DDNNER AREA, THEIE ARE NO BETEFITS TO THE RESIDENTS t)F SELVA LAKES AND SELVA LINKSIDE. 70 i}E CONTRARY, THERE ARE CQ5T5. TEEM WONT SFIW UP IN THE OFFICIAL PRICE TqG pF THE PROPOSED RDAO, BM THEM ARE REAL COSTS NEVERMTIELESS FOR THE ATLANTIC BEALN RESIDENTS OF SELVA LAI~.S AND SELVA LINKSIDE, PEOPLE WHO AHE TRMING TO CREgTE GOOD HOMES AND ENVIRDN£NTS FOR THEIR FiriILIES. ~~~ 1]~ca- cn~ 5~l/A ~ ~s 4~ ~~I 7 ~~33 spa ~ ~~,~~h 5 ~t ~~v~. L~y._, ~~.. µ6-36-t ~ ( r~ t, ~.._.. ~C.;_ V paw ~3 ~~W~ ~~'rn ~~ir SELVA LAKES ASSOCIATION, iNC P.O. Box 331365, Atlantic Beach, FL 32233 NE, THE lIiDERSIGNm, OPPOSE THE CUTTING OF AN ACCESS ROAD INTO SANDPIPER LANE. NE BEIiEVE THE PROPOSED ACCESS ROAD NILL <E IflREVERSiBLY DETRIMENTAL TO THE SELVA LAKES ND) SELVA LINKSiOE NEIBHBOFa1DODS. THE INCREASE IN THROUGH TRAFFIC AND CONSEDUEN7 IN'xEASE IN lOISE TICS TELL AS THE LASS OF A BEAUTIFUL STAND OF TREES [F Oi01IER ROAD IS EXTENDED) NILL HAVE AN IMMEDIATE NESATIVE EFFECT ON THE DUALITY OF Oll2 NEI9DTOAFflODS. ALTIALIGH THE PROPOSED ACCESS ROAD NILL BENEFIT THE DEVELOPEit NHO HANTS TO PUi lP NEW lNITS IN THE OQlFN AREA, THERE ARE NO BENEFITS TO TIE RESIDENTS OF SELVA LAKES A!D) SELVA IINKSIDE. TO THE CONTRARY, THETE ARE COSTS. T}EV NOWT SHpI lp IN THE OFFICIAL PRICE TAG OF THE PROPOSED tmRU, BUT THEY ARE REAL COSTS TEVERflEI.ESS FOR THE ATLANTTC REACH RESIDENTS OF SELVq LA10=G AND SELVA LINKSIOE, PEOPLE NF10 ARE TRYING TO CREATE GOOD HOMES ANO ENVIRONMENTS FOR THEIR FAMILIES. o39z- a39z J2a33 L/7- y7a .SL c- yr) ~ f</~ Lq ~ij ~i,' ~j7~.!-, zy> /> Y3 ~~3 ~,P~c•t, ~~OKT°s C~ ~r~~~~ ~ .~rlvA I.AX[S (i, developments are completed) of people who will be negatively impacted? (4) There stLll Ras been no coat-benefit analysis offered or planned for tRe expenditure of tax monies on tRe road. (5) There hoe been no public diseusslon os analyaie of the aforementioned or other alternattoiheroneialRborhoodsnefitting the west aide without disadvantaging 9 (a) Nhat do vro want in return? Nothing, uespt to bs listened to and treated justly. If Nr. Dulliford wazrofit,ithsnalott• ~kfaabo°t to a developer who stable to make a p a city's zesponsibillty to residents who aren't even asking for anything in return except aot to De told that they must pay for a /road which they don't want and which will br Co the irreversible V detriment of their neighborhoods• if Nr• Gslliford wants to calk about fairness to one neighborhood. then let's talk about giving other neighborhoods the same chaveetoohie g oupiandttherdev~oper that he has insisted Che city g' they aze backing. Tha residents of Selves Lakae and Selves Linkeide cannot afford to hire a lobbyist to make our cane. Ne have to speak for ourselves. Some of uothere able to M physically ptesenC befi`etheirtaignt[uresnontteheeattachadypetitions who era hate in name and epiriC, testify. Ne are the ones who will have to live with the oonsequeaces of a eut- through road, and w are ovetwhe1m1n91Y opPoced to tM Pro3~• TM inereax in traffic will have an inmediata negative effect on the safKy of our neighborhoods and on the overall quality of life. ~ youne Beach, end Jaekeonvil3ecBeachtvotadaowrwhelmisn9ly Ss fawrtof Beach, Nept creating a new county if Jackeonv111e did not start treating us fairly. NLy is ltlaatie saaW swJagad is • lawseit wick Jacksoavills? leraaM, as everyone knws, JaetsanvilU Lae termed a duf ear W Na sad sefasW to listen sa good faith to oat 1egiLLate complaints. The residents of Salve Laken and Selves Linkslde have legitimaisli~i nW about the cut-through road and legitimate °aP1COnliKanutwC Su~C to us Wt to 1/ to in the peat. That le why we are asking y _ because i[uwaeryrn+rnneighborhroodatLSt waasq itg to PaY~he co insaqusnce~s Sincerely yours, v/(~ June Notrie President of the Board Selves Linkside aeeoc Lotion, Inc 5 sl Rimbal~l Member of the Board of Directors, Selves Lakes Association, Inc. cooaeet with the entire west side rather thao with the Dooner subdivision alone? Mo. (b) was sap public hearing scheduled to be held on tea matter to solicit tae perspective of the reaideata rho mould as mat affected by the road] mo. Residents of Selves Lakee and Selves Linkeide found out about the matter when we caw trees Deing tagged for cutting down and then asked what was going on. Me then raised the issue at the next meeting of the ecamissioners. The issue vat ecnapicuouely absent from the agenda for the meeting. Three-and-a-half years later the questions we raised in 1990 have yet to be answered. In fact, it looks like we slmst weren't going to get a chance even to raise them. And yet the ieeuee are now even mre urgent: (1) There hat et ill been no demnetrated need for the cut-through (/ road. Benefits frwa are not need for. (2) The negative consequences of the road are greater today than Three-and-a-half years ago. (a) The volume of traffic along Sandpiper Lane, Selves Linkalde Drive, Parkside Drive, and 11th street has increased subetant Tally. (b) Although when he was Mayor Mr. Gulliford promised to direct / city workers not to use LLNUide Drive, Parketde Drive, and ,`// 13th attest as s shortcut to the public Morks ysrd, the volume of [ruck traffic along those routes has Lncreesed. (c) The negative traffic, noise, end safety consequences won't show up on any official price tag, but they are real, tangible, direct, and immediate costs of the road. (3) The proposed road mould benefit aweone, but it isn't going to be the residents of Selves Lakee and Selves Linkeide. (a) According to The Beaches Leader, former mayor Gulliford is now representing eM Donne[ Camwnity Dovelopmsnt Corporation, which •haa proposed a new housing dewloprnt Sn the Donner area which will include both market priced homes and affordable housing. Re said Dostie Buildara has expressed intazest in the development if Atlantic Smash will show good faith and commitment to development by adding another access from downtown Atlantic Beath to the Donner coiamunity (The Bsachas Leader, 16 March 1990).• (b) Mo one mould expert a developer to be willing to go Lnto the Donner eras and build apartments if he wasn't going to make a profit. way would anyone expect the residents of selves Lakee and Selves Linkeide to accept the proposed road not only when there is not a single benefit to our neighborhoods but in fact wbatantial negative imparts? (c) Should a developer's perspective be mre iaportant than the perspective of the hundreds (there will be close to ~ 3i J unite in Selves Linkeide and Selves Lakee when the two ~~: SELVA LINESIDE NEIDEEOREOOD SHIVA LaQS NEID®OREOOD 28 Ilareh 199a City Conmieeionara city of Atlantic Bsach Dear Co®Seeionets: Three end a half years ago, on 30 September 1990, over thirty homeowners zepresentinq the Sslva Lakes and Selves Linkside ]usociatione stood before you to register our opposition to the proposal to cut Donner Road through the south side of tM voter treatment plant to SaMpiper Lene. At thrt ties then-mayor Gulliford, rithoui calling for a public Maring on the matter, was going ahead with plane when residents of Selves Lakes and Selves Linkside challenged him to justify the road. we made the following points. (1) Nas there a demonstrated aaad fo[ the wt-through road] b. b drmonetratioa ws ever offerW. Residents of tM Donner area Md and still have foot antl bicycle access to Sandpiper. Possible Mnefite from acct-through road wre asserted, but it should go without saying that bewftt from is sot tM sear as need for. (2) NM:. wre the pleas Co strdy the wgrtivs impact on traffic, the negative enviroarrntal costs, or the negative grality-of-life eaasegrences for td Nlva Lker sad Mlw Liakaide oassamities of the road? Ib. fir, wre ao sash pleas. (a) TMze wre no plane to analyze tM rays in vhieh tM eut- through roaO would increase traffic, increase noise, and decrease Pedestrian safety along Sandpiper Lme nM through tM residential streets of fielva Linkside Drive, Parksids Drive, and 11th attest. (b) Hy his own admission, CM mayor vas unaware at tM fact that city vehicles wrB using Selves Linbide Drive as • shortcut access route to qst to the Public Norks yard. (c) Thera wza no plans for replacing the beautiful ataatl of tress that would Mve to M cut down to make roam for yet another city road acnf its winGnanca. (3) Nould tMre M say bsaefita for the residents of 6elva Linkside and wive Lkes7 lot • sisgle ow was Proposed, let alone drmonsirated. (4) Nas there say cost-benefit an.lysia offerW or planed for the espeaditere of G: monies oa !M rwd] b. (5) Nas there any aa.lyeia of albraative proposals, web as upgradlag the wlk-tbroagk frw Doaaer IMd to {andpigs, or potting 1n second wlk-through, or crest ing • bike-lau does Plana that weld Page March 28, 18 recourse would De long and accosts w~ ou l~ prohibitive that the fine should be paid by the city. The question was called and the vote resulted in 1-4 with Commissioners Shaughnessy, Waters, and Weiss and Mayor Fletcher voting nay. The motion failed. After discussion, it was decided to approve payment of fine to the EPA in the amount of 517,000 subject to identifying the source of funds. Motion: Approve payment of fine to EPA in the amount of ;17,000 subject to identification of the source of funds the question was called and the vote resulted in 4-1 with Commissioner Rosenbloom voting nay, The motion carried. Commissioner Shaughnessy inquired concerning a report relative to Dutton Island, to which the City Manager advised the matter was presently under discussion and a report would be forthcoming at a later time. Commissioner Waters announced the American Legion planned to have an employee appreciation dinner May 13, 1994 and he urged everyone to attend. Commissioner Waters suggested advertising in the Beaches Leader for citizens to serve on the Arts and Entertainment Board. Following discussion, it was felt that perhaps this would not be the appropriate avenue to follow. Since there was no further busirie ss the Mayor adjourned the meeting at 10:56 p. m. A T T E S T: Lyman T. Fletcher 11AYOR/PRESIDING OFFICER C MMAS. IMISIYIN X XI XI X X X MAUKF,F,F K1NG, I LEHK vage 1 March 28, 199 NAME OF COMMRS. M S y Y y N green space. b. Report relative to computer system upgrade for Police Department David Thompson, Police Chief, reported ~ the Police Department was experiencing problems with the computer terminal for the FCIC/NCIC Systems. The computer terminal at the Police Department allowed officers to communicate with other departments, receive critical information from State and/or Federal authorities, and many other services. The existing equipment was 14 years old and not compatible with software in Tallahassee. Commission approval was requested to spend :2,]65 for replacement equipment. OSENBLOON X X Notion: Approve Police Department HAUGHNESSY X expenditure not to exceed 62,764 AISSS X from Investigations money to acquire ETCHER X X equipment to accommodate F.C.I.C. upgrades No discussion before the vote. The motion carried unanimously. 8. Reports and/or requests from Citv Commissioners. City Attornev end City Clerk Alan .Jensen advised that the EPA had fined the City S17,ODD.DO due by May 10, 1994. He explained since regal costs could approach the cost of the fine that it would be in the city's best interest not to pursue the matter legally, but to pay the fine. It was explained that in August 1992, the Environmental Protection Agency (EPA) notified the City that it was in violation of continuous monitoring requirements for the Mastewater Treatment Plant. Subsequently, EPA was advised by the City that the problem was due to lightning strikes, but after documentation provided by the City and numerous efforts by the City Attorney to settle the matter it appeared there was no hope of settleme n?. Commissioner kosenbloom felt the matter should be broug Mi to court by the city. OSENBLOON X Motion: Fight EPA fine legally end HAUGNNESSY R X politieally ATERS X FLETCNER Page 9 March 28, 1994 pay reques and final change order for a total amount of 522,246.54, final acceptance of the Buccaneer Chlort ne Contact Chamber Project No discussion before the vote. The motion car: ied unanimously. Approval of Change Order in the Ocean Grove Sewer Line Extension project, increasing the contract by 540,611.50 Oob Kosoy reported a revised quotation was received from John Woody, Inc. on February 3, 1994 for 840,611.50 to install the remaining section of sew_r line on Ocean Grove Drive. The price did not include replacement of the trees at 1825 Ocean Grove Drive, only their removal. Mr. Kosoy indicated the Commission rejected a previous change order which would have extended the sewer line from the corner of Seminole Road and 19th Street to the corner of Ocean Grove Drive and 18th Street, where a new home was under construction. Instead, the commission requested that the sewer main be completed on Ocean Grove Drivz. The homeowners affected by this new sewer main were part of the Special Assessment. Mr. Kosoy recommended approval of change order for 540,611.50 for sewer extension on Ocean Grove Drive. Motion: Approve change order in the amount of 540,611.50 for sewer extension on Ocean Grove Drive No discussion before the vote. The motion carried unanimously. 7 Citv Manager Reo rt and/or orr oonden a. Report relative to acquisition and usage of property in Section H Kim L<inbach, City Manager, provided the Commission with a map indicating property owned by the City and other property which may be available along with assessed values of same. The Commission asked the City Manager to pursue acquiring property. commission_r waters suggested selling a small, passive park in North Atlantic Beach and using the money to purchase Section H Property. Mayor NAME OF COMMAS. M S V Y V N ROSENBIAOM X SNAUCHNESSY X X WATERS X WEISS X X FLETCHER X I ROSENBI.OON X SHAUGHNESSY X WATERS X X WEISS X X FLETCHER X Na9e 9 March 29, 1994 NAME OF COMMHS. M S y Y y N Design Services for redesign of outlet structure for Jasmine Street retention pond Bob Kosoy reported that over a period of time tidal action had eroded the embankments that separated the retention pond on Jasmine Street from the marshland area. The St. John's River Water Management Gistrict (SJRWMD) was aware of this problem at the retention pond, and, at their last inspection f.hey requested that a design or a redesign be initiated to the existing structure. ~ Mr. Kosoy indicated this would reduce the tidal action and restore the retention basin to its intended purpose, which was to collect stormwater. Three proposals had been received and staff recommended accepting the proposal of JGJ Design Services in the amount of $4,500.00. It was explained a 5700 permit modification fee would be paid directly by the Ciiy to the SJRWMD. OSENBI.OOH X Motion: Approve acceptance of HAUGt09ESSY X X proposal of JGJ Design Services in ATERS X X the amount of 54,500 to redesign the ISS x Outlet Structure for Jasmine Street ETCHER X Retention Pond A discussion ensued relative to the last paragraph contained in the proposal of JGJ indicating they might have a problem obtaining professional liability insurance. Mr. Kosoy explained JGJ had secured insurance and increased their price accordingly, to 54,500.00. Mr. Kosoy added he felt JG.J would do an excellent job. The question was called and the vote resulted in all ayes. The motion carried unanimously. c. Approve final Change Order and Final Pay Request and accept the Buccaneer chlorine contact chamber project as complete Bob Kosoy report_d the contractor completed all punch list items and submitted a Final Pay Request and Change Order 114. Previously the Commission approved Change Order =1 on August 23, 1993, Change Grder t2 on Gctober 11, 1993, and Change Order 113 On November 6, 1993. He recommended approving final pay request and final change order for a total amount of 522,246.54. Page March 28, 19 full time attention. Presently the Coc Enforcement Officer was working six hours per da and she asked that a full time position be creata at Pay Grade t8 at =21,455 per year. It wa explained monies were available in the Coc Enforcement/Building Inspector budget. Motion: Delete existing part-tim Code Enforcement Inspector positio and create full-time Cod E nforeement Inspector position commissioner Weiss indicated he was in favor o the position because of the workload involved i code enforcement, and he felt money would be mad for the city via fires and liens. Commissione waters felt the position should be funde permanently prior to its creation, and he aske that the matter be deferred until Ann Neuse Finance Director, could explain how the positio would be permanently funded. Me explained he wa not prepared to create a new position withou further study. Commissioner Shaughnessy indicated presently thi part-time Code Enforcement Officer was being pair 512.00 per hour, and the new rate f or a full-ti m, position would be =10.31 per hour plus benefits. Mayor Fletcher indicated it would be possible to allow the part-time position to work two more hours per day, until the permanent, full-time position could be filled. Oon Ford, Buildin< Inspector, explained in order to obtain a goo< insurance rating and possibly save money, it waE necessary to have certified people in the Buildinc Department. Karl Grunewald was cerf ieid as a building inspector and the creation of the full-time position would insure another certif iec person would be on hand during absences of the Building Inspector. it was reported the present part-time Code Enforcement officer collected =7,000 in fines during the past 18 months. Following discussion, it was decided to defer action on the matter until the meeting of Aprit 11, 1994 at which time the Commission will be provided with specific information regarding funding for the proposed full-time Code Enforcement Officer position. 14 NAME OF y y COMFDtS. M S Y N le iy d ~s ie ~e ROSENBLOON n SHAUGHNESSY K ~ WATERS xEISS X FLETCNER f n e r d d n s t 1 ,I I I I i I Page March 28, 199 ,. , ~ - ~ w ,- ~ . , _ _ keMen uap' s kwe9 t#i spa requ,red by^^Florida Statutes, and the procedur that should be followed was for the Commission after hearing oral presentations, to rank th firms and ask staff to enter into negotiations. If agreement coVld not be reached with the toi ranked firm, staff would then negotiate with th~ second ranked firm. The question was called and the vote resulted ii 4-1 with Commissioner Rosenbloom voting nay. 7h. motion carried. Attar discussion, it was decided that i1 negotiations were not successful with Sims Oesi gi Consultants, Inc., that Pitman Hartenstein ! Assoc., Inc. would be considered as the city': second choice. Post, Buckley, Schuh & Jernigan, Inc. (PBS & J, Inc.) were considered as the city's third choice. Notion: Accept recommendation of staff to enter into negotiations with Pitman Hartenstein i AaaOC., Inc., as the second choice of the City, for engineering 4asign services for rehabilitation and expansion of the Buccaneer Water Plant No. 3. No discussion before the vote. The motion carried unanimously. 5 Consent Agenda• a. Acknowledge receipt of Mater ~ Sewer Committee report f8 Water & Sewer Committee report t8 was received as submitted. 6. New eusin a. Authorize funding for additional man-hours for Code Enforcement Officer Commissioner Shaughnessy explained in the past code enforcement was covered by the Building Inspector. Currently the city employs a part-time code Enforcement Officer but Commissioner Shaughnessy felt there was a need for more active code enforcement. She indicated that from 1991 until 1994 tt,e number of cases had increased from fewer than f00 cases per year to an average of 500 8 4 NAME OF COMMRS. M S v Y V N e e 0 , i i ROSENBLOOM % SRAUGRNESSY X % WATERS X X MEISS X FLETCRER X ... _..-~~a.__.a Page March 2B, 199 unanimously. b. Appointment of three additional members of Equity Study Commission It was decided to appoint Mike Borno, Barbar Galloway, and Larry Doren to the Equity Stud Commission. Motion: Approve appointment of Mik Borno, Barbara Galloway, and Larr Doren to the Equity Study Commission rlo discussion before the vote. The motion Carrie unanimously. Selection of engineer to provide professional services for the expansion of Buccaneer Water Plant No. 3 Eob Kosoy, Public Works Director, explained oral presentations were made by Post, Buckley, Schuh & Jernigan, Inc. (PES & J, Inc.), Pitman Hartenstein & Assoc., Inc., and Sims Design Consultants, Inc. at the last Commission meeting for engineering design services for rehabilitation and expansion of the Buccaneer Water Plant No. 3. The Commission decided to defer the matter until tonight's meeting so that they would have an opportunity to study proposals and make a decision. the Commission asked Mr. Kosoy which firm staff recommended, to which Mr. Kosoy explained the original recommendation of staff was Sims Design Consultants, Inc. Although their oral presentation was not strong, Mr. Kosoy added, staff was still in favor of Sims Design Consultants. Motion: Accept recommendation of staff to enter into negotiations with Sims Design Consultants, Inc., as the first choice of the City, for engineering design services for rehabilitation and expansion of the Buccaneer Mater plant No. 3. commissioner Rosenbloom questioned the need of having oral presentations. It was explained oral presentations provided the Commission with an opportunity to question firms and thus make a s 4 NAME OF COMMHS. M S y Y y N a Y ROSENBLOOM X SHAUGHNESSY X I ATERS X X If7EI SS X IFLETCHER X X OSENBLOOM X HAUGHNESSY X ATERS X X ISS X X ETCHER X e Y d Page March 28, 19 Lakes and `elva Linkside. William Gulliford, r?presenting the Donn Community Development Corporation (OCDC) indicat he resented comments contained in the petiti presented by Selva Linkside and Selva Lakes th he was somehow affiliated with Oostie Builders HE indicated that the DCDC would put up half th funding fo•~ the Donner Road construction if th city would match the other half, and that h personally would offer the use of heavy equipmen necessary to roll out and spread the temporar gravel surface. Since no one wished to speak further the Mayo closed the public Hearing. The Commission held an lengthy discussion and i was decided to temporarily open the Donner Roa Extension, which would pass through city propert where the sewer plant was located. It was decide to place limerock on 600 feet of the access an to allow only automobile traffic. It was decide that tra tfic would be monitored which would giv an indication of the vehicular utilization th access. Motion: Open the Donner Roa extension on a temporary basis for trial period of six months, Burin which time a traffic study will be conducted Following discussion, it was decided to appoint a committee of volunteers to sit on an ad hoc committee to study Donner Road over the six month trial period and present its findings. The following people were appointed: Oprah L. Jackson, Elsie Thomas, Sdm Kimball, Joyce Freeman, Charlie Williams, Donna Miller, Willie Powell, Mary Jeter, Mary H. Bowman, Mary Dove, Rev. George G. Hart sf field, Earbara Bonner, June Morris, Jerry Sternberg, Gary Row, Lucille Gillyard, Bill Gulliford, Peter Fantagrossi, Sherette Simpkins, and Mr. Terrell. volunteers were encouraged to serve on the committee and were asked to call the City Clerk's office. 4 94 NAME OF COMMAS. M S y Y y N r d n t e el e t YI r t d Y OSENBLOON X HAUGNNESSY X ATERS X Elss x x TCHER X X e e o a d d d e e d a 9 Page March 2B, 1 citizens to understand the proposal of Builders to build single family homes iDos[h Gonner area was not the reason the matter wa under discussion. The reason to provide th Donner community with an access was to protect an. promote the residential character of the city, h. added. Ne explained the city had grown very quickly and he felt that as the city grew to b~ more dense citizens needed to be able to get alon< with one another. Mayor Fletcher opened the floor for a public hearing and invited comments from the audience. Samuel Kimball, Member of the Board of Directors, Selva Lakes Association, Inc. and June Morris Nresident of the Board, Selva Linkside Association, Inc., presented the Commission with petitions signed by 170 residents (copy of petitions attached herewith and made a part hereof). Mr. Kimball verbally outlined the points contained in the petition, which indicated thee, main concern residents had was the potential increase in traffic through their neighborhoods. Whereas many residents spoke against the proposed right-of-way, there were many residents who felt the right-of-way was needed and important. It was suggested that Signs indicating "no trucks"I and "no thoroughfare" would alleviate heavy traffic conditions. It was determined the right-of-way was closed many years ago to protect the security of the city's sewer plant and it was felt that security still needed to be provided. After discussion, it was explained the city would' incur minimal expense to move a fence which would) secure and provide protection to the sewer plant. It was determined the proposed access would decrease by several minutes the time required for emergency vehicles to get to the Donner Community, and would allow children and the elderly access to parks and various facilities in Atlantic Beach. Som_ residents felt the proposed road would become a through street between Seminole and Mayp ort koads and create excess traffic. A potential safety hazard was discussed because the stop signs at intersections along Pleza Street were alreedy too close together, and it wes felt more traffic would increase the problem. The Commission agreed to study the possibility of closing off the access from Linkside Drive to Sandpiper Lane East to OMF4L5. IMISIYIN Page 2 March 28, 1994 nAi~nf ed 6n fnlf f6c ;r;. ni eflanf i.- nean6 should receive the money andcthat it should not be used for any other purpose. 3. Aooearanees• a. Presentation of Proclamation declaring April as Parliamentary Emphasis month Naureen King, City Clerk, presented in full, in writing, Proclamation declaring April as Parliamentary Emphasis month. Motion: Approve passage of Proclamation declaring April as Parliamentary Emphasis month No discussion before the vote. The motion carried unanimously. Mayor Fletcher presented said Proclamation to Maureen Fitzpatrick, representative from First Coast Parlimentarians. b. Presentation of Proclamation recognizing National Telecommunicators Week Naureen King, City Clerk, presented in full, in writing, Proclamation recognizing National Ielecommunicators week Motion: Approve passage of Proclamation recognizing National Telecommunicators Week no discussion before the vote. The motion carried unanimously. Mayor Fletcher Presented said Proclamation tc David Thompson, Police Chief, who indicated he would present the proclamation to the proper people. 4. Old Business: a. public Hearing on proposal to provide additional access to the Donner neighborhood, and discussion relative to funding sources for same Mayor Fletcher explained there was an existinc right-of-way next to the City's Public Morke building but that '.ogress and egress to the Donner neighborhood was closed 'n 1865, and the possibility of utilizing the right-of-way would be NAME OF COMMNS. M S V Y V N ROSEN6LDON X SHAUGHNESSY % WATERS X X NEI SS X X FLETCHER X ROSENBLOON X SHAUGNNESSY X~ WATERS X X~ WEISS X X FLETCNER X J MINUTES uF THE kEGULAR MEETING OF ATLANTIC BEA( CITY COMMISSION MELD IN CITY HALL, 800 SEMINOL ROAD, AT 7:15 p, m. ON MONDAY, MARCH 28, 1994 F•kESENT: Lyman T. Fletcher, Mayor Steven Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss,Jr.,COmmissioners - Kim D. Leln ach, City Manager Alan C. Jensen, City Attorney Maureen Kinq, City Clerk The meeting was called to order by Mayor Fletcher. The invocation offered by Commissioner Shaughnessy was followed by the pledge to the flag, Aooroval of h * s meetlno of Nar h 14. 1 Motion: Approve minutes of thr regular meeting of Narch 14, 1894 No discussion before the vote. The motion carrier unanimously. Aooroval of h r s - ci Plannlna fon of Mar h 1 1994 Motion: Approve minutes of the Strategic Planning Session of Mareh 15, 1994 No discussion before the vote. The motion carried unanimously. Aooroval of the m ^ r s meetlna berw ~n the ommi i Solid wart ommi ^n M-r h 16 1994 Motion: Approve minutes of tha joint meeting between the Commission and Solid waste Committee of Merch 16, 1994 No discussion before the vote. The motion carried unanimously. 2. Recognition of Visitors William J. Ryszykow, 535 koyal Palm Drive, referred to the return of hospital tax money and E AME OF COMMRS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O ROSENBLOOH X SHAUG}LNESSY X X WATERS X WEISS X X FLETCHER x ROSENBLOOM X SNAUGHNESSY X WATERS X X WEISS x x FLercxeR X ROSENBLOOM x SNAUCHNESSY X ATERS X X ISS X X FLETCHER g ATLANTIC BEACH CITY COMMISSION April 11, 1994 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of March 28 1994 2. Recognition of Vi si.tors 3. Old Business: a. Approve deletion of part-time code enforcement officer position and creation of full-time Code Enforcement Officer position (Ccmmissioner Shaughnessy) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 4. Consent Aqenda: a. Acknowledge receipt of Water and Sewer Committee Report ,Y9 b. Acknowledge receipt of Parks 6 Recreation facilities usage report for March 1999 5. Action on Resolutions: a. Adoption of Resolution No. 94-12 supporting the restoration of the American Red Cross Volunteer Life Saving Corps Station 6. New Business: a. Appointment of members of the Arts b Entertainment Advisory Board b. Approval to submit application for participation in 19th year Community Development Block Grant program (George Worley) c. Action on request for Atlantic Beach to share in the cost of the fireworks display in Jacksonville Beach on July 4th (Mayor Fletcher) 7. City Manager Reports and/or Correspondence: 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: P.d journment ..~. . REGLLAR COM7ISSION MEETING APRiL. 1994 .~z-,,.~..~ - ~ ~~:.~~-•~---~___ ~f t