11-01-89negligent acts, or omissions resulting from these professonal aerviaa to m aggregate amount not
exceeding Connelly & Wicker Inc.'a professional services tees or 530,000, whichever is the greater.
i
It is further understood and agreed that the mnslrta;tion documents and the ideas and designs
incorporated therein as an instrument o[ professional service are the property of Connelly Qr
Wicker Inc. and are not to be used, in whok or part, for any other project without written
authorizatbo of Connely & Wicker Inc. 77re Gry of Atlantic 13eacb a hereby advisedhvuned t4tr
such unauthorized use can be very risky, and the Ciry of Atlantic 13eaeh does therefore agree and
warrant w hold Connely & Wicker Inc. harmless for any such unauthorized use and to diligently
defend and/or indemnify Connelly & Wicker Inc. from all claims, damages and erepettaes against
Connelly & Wicker Inc. resulting out of said unauthorized use.
In consideration of the unavailability of gcofesaional liability imtrraxe [or services involving or
relating to hazardous waste materials and since it is rot the intent o[ this agreement for Connelly
& Wicker Ina m provide services involving at relating to hazardous waste matetis6 nor is any such
exposure anticipated by either party under this agreement, it is agreed that the Owner shall
indemnify and hold harmless Conrsclly & Wicker Inc. and i4 comultants, agaves and empkryees
from and against all claims, damages, bores and eryemes, direct and indirect, or consequential
damages, including but not limited to fees and cbarges of attorneys and court and arbitration costa,
arising out of or resulting from the performance of the work by engineer, or claims agaiml
Connelly & Wicker Inc. related to hazardous waste materials or activities. 7bia inderoniFicatbn
provision extends to claims against Connelly gt Wicker Inc. whieh arise out of, are related to, or
are bawd upon the d'upersal. discharge, escape, release or satruetio~ of smoke, vapors, soot. fumes,
acids, alkalis, toric chemicals, liquids, Bases or airy other materiel, irtitant, contaminant or po0otant
in or into the atmosphere, or on, on W, upon, in or into the surface or su6surfece (a) soil, (b) water
or watercourse, (c) objects, or (d) any tangible or intangebk matter, whether sudden or not.
If this proposal [Heels with your approva4 please aouvte both copies and velum one copy for our
tiles. We look forward to the opportunity m work with you on this projat.
Very truly yours,
9 p
William P. Snelling
Project Manager _ _ ._.. __.
cc Doo Ford ~-
Approved and Authorized for the Gly of Atlantic Reach
Br. Dale
Approved a Antl~t torized for Conoel Wicks Ina
/c /s
gy: Dare
cruFntttF nF WORK
We will wrnrrrence the wort upon being given notice to proceed and we will work with you to
meet any reasonable dead6tte.
mtkPENSATION
It is proposed the payment [or our urvices be on the basis of our curtent horuty rates ut forth
below plus any required reimburubk costs.
Principal Engineer y S 75.00
Senior Engineer - S 63.00
Design Engineer + f 33.00 -
-
Errgineer/Deaigrrer S 43.00
-.. .
Senior Tahnician S 33•~
Tahnician S 30.00
Drafter S 23.00
Secretary s Zo.tl0
Reimbursable costs include fees of Professional Associates (whose expertise is required to complete
the project) sod outo4pocket e:perrses. Outot-pocket expernes shall include but not be limited
to travel expenses (bilging, meals, etc.). jodrelated mileage at 21 cents per mr7e, bog distance
telephone calls. Printing soil reproduction vests, and spaisl supplies and materials.
Baud on our urrderstanding of the work to be performed, we recommend that You budget the
folbwing:
1. Grading, paving and SJRWMD and DOT Permit Preparation S 3,300.00
2 Bid Phan, and Comtnrction Phase Services S 1,300.00
Please indicalc the utvicts delved.
SCttFDUt F FOR PAYMENT
Inwices wll be submitted monthly based upon the work complete at that time. Payment will be
due upon receipt o[ irraoicea. If payment g not received within 30 days From the date of the
invoice, interest will be charged at a rate of 1-12 percent per month on the unpaid balance
retroactive to the inwice date. The fees stated in this Agreement are based upon prompt payment
for our services within 30 days from the date of the irrvoice. It h understood that any
artangetnrnu for delayed payment shall be requested and agreed to by both parties pritx to your
ratifying us ro proceed with the wort
[ ta~tL1TY AND USE OF DOCUMENTS
It is understood acrd agreed between both parties to this agreement that the Gty o[ Atlantic Beach
agrees to limit Connelly & Wkker Incas Gabihty to the City of Atlantic Beach and/or any of irs
subsidiaries, and to all consrnrclron convacrors and subcontractors on the projats for erzors,
,~~
~•
r~ ~ ~ ~ ~~ ~ , ~ ,~a9 IELiEaaEIMLE
D 1MDW! MEOIFrr. P E.
pill D. WMELLY, Rf.
M. IMIf1111DYINID.IE
AM M. LLMY. IE
.WNx.WUI A. ~E
yµ Yp3LLMD.,~E.
161WI0 C. MHM.IE.
Connelly & Wicker Inc. '~^"'~"'°m"E
Consulting Engineers
October tll, 1EJ89
Mr. Kim Isinbach
City Manager
Gty of Atlantic Beach I
716 Ocean Boulevard cs _.
Post [')[lice ~ u -_
Atlantic Beach. Florida 32Zi3 ~ ~ - ~ -
Re: Engineering Services
Dear Mr. Itinbach:
Connelly & Wicker Inc. is pkased to submit an engineering fee proposal for the drainage
improvements to Edgar, George and Icwis Streets.
'This proposal will remain in ctfect [or a period of 60 days from the date o[ this ktter. Acceptance
after that period is subject to a review of the conditiom stated herein, and possible revision by
Connelly & Wkker Inc. in response to changed conditions.
SCOPE OF WORK
This proposal contemplates Connelly & Wicker Inca preparing eoastrtfction plans and specifications
for drainage, St. John River Water Management Permit applirataq and DOT drainage connection
permit. We anticipate using 1•=2Q' scale site work templates for this project and estimate a total
of three (I) drawings which includes the cortstnrmion detail shcet
Connelly & Wicker Inc. will also provide bid phase services im:Iuding issuance of playa to biddcrs
and answering bidders questiom. .
Construction phase services will be limited to an initial site visit and pretonstruclion cosferertce,
one site visit during mmtruclio4 and a site visit for final inspection.
This proposal does not include airy permit fees. sorts or evvirontttental evaluadom.
It is understood that the City of Atlantic lieaeh vn71 provde the oece+satY topographic survey For
this project.
b~
P. O. BOX 513f3 • JApCSONVILLE BEApt, FLOPoDA 3?2~P7313 • aDE12rF7aa5
DEStaI. FtDBIDA • GAaIaERa, /IORrM CAIImYN • (YIEFr1a80R0. IgrRM CAROLJIN
..-
cm oT ~rwrrzc s)q-cx
cm ~ i ~a
~~~ Tt~t Request [o retain services of financial advisor
BU~QTILD sYt Kim D. Lelnbach, City Manager
D1~7Lt November 27, 1989
D71QfOA0U/1D t
As we have discussed, due to the number and complexity of our current and
potential capital projects, ve are suggesting the use of a financial advisor.
Such a consultant would be re[alned [o look at our current deb[ structure,
fees, charges, incomes, expenses eL aL vis-a-v is planned/potential expenses
and help char[ a course as [o how and when [he CS[y of Atlantic Beach could
best afford to proceed.
For example, ve are facing a possible expenditure of Cen million dollars '
(or more) [o consolidate [he Buccaneer and Atlantic Beach wastewater treat- '
men[ plants. Xov tan we fund this amount? Should we restructure our deb[?
P.efinance? These are but a few questions ve need answered. '
In summary, our staff believes we should retain a financial consultant with
[he time and expertise [o work with us in this fiscal endeavor.
x'jj~t Authorize staff [o advertise and receive request for proposals
for a financial advisor.
)1'('r~ t
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X4459
GREEN COVL SPRINGS CODB
{uu what taodillcetion or {sceptloa c Nino sai4ht and eM ytaaena such { rtqueet u
yard may grant, medlfr. ar danY tRe repuatt, bawd nn Dtptection d the
warranted. TR{ ruction d tM intent d tRia cbapte[ or Depibb unre{yensble or unneF
public s teureK. Pnx
~.,ry Rardahip involYed in the Ofd. No. 0.1-06. S 1,141.861
rota. Ne. o.ze~az, s fz.14.41-e4; .
gee. !li10. AyPo+i°• b appeafgd W the city council. An a6•
d the tree typKrvation boe+d m{Y est for {n
A deecien ryvided they ftM a written rege
griersd PAY inay apped tM t~Mnfor ~ qlp LM 110) date altar SN hoes ° dcebivn. Such
appal cont•lnitl4 ~ reYON 1401 data ehena(ter and tbclr decision
ryvMw shall b• heard b7 iM dry council within ihfrly d ~ppeupt juriedietlon.
aMlf N ftnal. lurthet aPP~ ahpl N Bade to a N~b4.661
lord. Ne. O.z6.64, i 14.14~21.8z; Otd• No. 0.1.46. S t.
gee. 44.61 t. Viebtloaa. of tM Provclona d thin chapter eRatl,
Aw. ~p Yf{lating OL 1{1t1n4 W ~mDIY'Mlth ally
upon copvietiep thered. be Punched u provided In eeetfon 1~9 d thb the tree rnnxrvatro
n s11a11 replay the tree with a s'u{ end spedea regimmended r'
pnao pencomplirna with th4 chaser shall comtieute a wp{rate
pasta of withtwldln6 a find ipepeeeion permit
board. Each tree aReeted by
.loldiee. V lolstlon of thu elu nte[ rych viobtioa u ~x1eQ to the satlat{ction of the tree
and art111nu d omtPi°~ whkhevet K applicable.
cemerratcs be{rd. tM city cpupcil or the tettRe.
tOrd. Ne. 0.4alz. 4 td.14•zl.e4; Ord. No. 01.46, S 1.1.41-041
jTW aazt P{N u 1{481 \
6+P•[i°'t 1444 ~ .
~i
TREE PROTEL'TION 4 22 6~9
i
'.
.~ Ikl At a minimum. a [rer wrwy showing ali trres wherrin corutructivn will occur
.j within eha area of the driplinr- Trrot with sums within ten ~ 101 fart of tnn~truction
~~ sM116e indicawd as foliw a:l~ I.
IOrd. \o. 0.2882, 9 9.:27)-82:Ord. No Od86. 4 1, 1.7:.881
l4ac. 77.68.1. Inepeationt.
The city sMll haw the wthoriq to perform at least two intpectiou of the aubjett
property during development for tht Durpote of nnttuing eomplfance with this ChaDUr. The
applicant must pats inapectiane befott futthrr work tt per[orntad on the project.
(Ord. No. 0.1-88.4 1. 1.71861
lsec. 72.S.T. Ttw removal.
lei \o tree that) be removed from [M printery juriadittlon mne wi{Aout Ant obtaining a
permit from she lne conttrvation board. or Its appointed designee.
tb) So scat with a bBH of stx 18) lnehw or Iuger shell W removed from the tecottduy or
uriiary jurisdiction Iona wftheue fine obtaining • permit from tM tees eonservetion board, er
f4 appointed designee.
tc) No eras of unique a special cluraetMstic u defined hettin shall be removed from any
jurisdiction Zone without flrat obtaining a prittit from tM tree corattrvation bard. or its
appointed daigaee.
td) A dead or haratdoua tree may be removed from tither jurisdiction none witheut a
permit hom the trca eotwnetlon bard if a deail;nae of the bard hu rnnfirtaed in writing
the eta 4 indNd dead a hawdous prior m Ito removti, and the loatia of nma is eamblithed
(Ord. No. 0-2882.4 10.17.2187; Ord. No. 0.1.86.4 1. 1.21-08)
See. 77.68. free matntetutece.
No ptreon than perform arty erM surgery er alainteNnce work on any tree in she
primaryjuriadittion sons wlthoat firrt obtaining a permit from tM tree conservation board, nr
i4 dasigttee. Rion to completion of a development, proper pruning may N petiotttled. Hown'-
ar, publu righbdwaY within t.n t10) feet of axUtlag eleceriral power lints that) be raampt
front cede nqutnment, bus a permit than b obtained for tM tonttruaion of new power Tines.
ff a permit k Wued, the person rcseiHng each permit shall ab!de by the specifiations and
wndardt prescribed by the trw eooeervstloa baud. or its designq. and than as a condition
of such permit agree m hold Mrtoleae the city and ftt oQlelele from any and all liability which
migbt rrnlt from the work or activity tuthotised.
tOrd. No. 0.2681, 4 11. 17.71.82: Ord. No. 0.188, 4 i. 1.2188)
Ban. iii•8. 65[captloela.
Reaunb for tnodifwtion d the standards of thin chapter 4haA be t[tade tv the use
eoeeervation bosh. IIpee retetpt d such a request the board shall thoroughly wneider its
ttterlt and render a deHsion within ehtrty (30) days. 7'he natawt shat! ctnrly and k detail
sra etw a
1883
'':++~+ SUH 01:30:32 G3 +* +*** N0. 06
J
{ 42.g,y GREEN COVE SPRINGS CODE
ten ilOt feat from :he trunk, ur a disunce In Cwt from thr trunk equal to she trunks D6H
maNUrod in Incho, whichever is beet (or tM treC. and maY not M removed Until all eonstruo
tion la complete.
(c/ Cade chanaee within ehr dnpline da the shall M minimised or avoided.
(dt No cvnstructiun materal. equipment, eMminl, fill din or other material (hall be
stored. or eemporaril>' placed Within the dnpline d a tree.
(N When euaratbn or paring otcun within • radiw dtan (SOi fen from a true. said tree
shall W identiMd in a specid manner on the tree wrvey.IG)
(D Vebicle movement shad be confined, u mucb u poaeible, to IdentlRed <nrridon n(
Ingna and egraes~
(gl No wira~ advertifing porters. building permi4 or other contrirnMe shad be aaanc~d
to trees
(Ord. Ne. O.28-02, g 8. 14-21.82: Ord. No. O~l~gB. / 1, 1.41.867
geo, If.B•8. THe trt^Deetlon report.
Siu aluratlon wlthln tree protection Jurtadietlon eoha eball be outlined in the tree
inspection report. Compiling the information for the report is the responsibility of the person
proposing the site alteratloa. Tha report shall be aubm~ttbtsd to tha~llrn main .ihe C llor~i(ng
feviaw and comment prior to making site changer l~
lnformaUOn:
q) A description of tM general vegebUVe cboacteristin d the site including the
(ollvwing•
(11 pominate specie dtreM:
(2i Eatifbatlan d average number dtreu per sae: and
I81 Overall condltlon d the axes and their approximate age.
(bl A description of the cdlerh uetd in selecting trees for preservation.
(el A description d tree preservallon measures that will b implemented. Also included
shall be a schedule d when tree praer.ation measures will ba ImDNmented.
Id1 Slte plet pl-n with location d pevpeead structures and other planned (eatuns.
to A deaerlptbn d grade Changes and that Ivcatlan.
(0 A description d dtantiogs to the nataral drslinage pattern.
(gl Caution e( vahide iegrees sad grew wrrldon.
(hl A daaeription d temporary proteeti•e berrlars the will be wed w protect tees in
paeitioMl cOnllict with rite development.
<il Location dstaging areas where equipment end materlal will ba stored.
(jl Laeation and manner le whkh adrsutlsing posters, building permi!a. bench marks
and other such items will ba diplsyed.
8aap. tb.i ~ 1394
~UN..02:29:ES C3 *^ ..w* Np.BS
m,,:.,
Titst 3aloTCCrION . 4 rz.e.a
Ip The board shall told bimonthly public mNtln6s or at other tines ntablithed by the
board. to diuws issute and projects reWvant to lb reepsntdbilities. The hoard ehali monitor
the sutus of [tee care in the sty and submit as annwl reyeat to the ciy~ cuan<tl dlxuaing
progrew, problem. and needs rolavant tO tree pteceetlon, meimenaux, xmpval snd p4neing.
The heard shall review tree irupeet(on repgM >s called for fn section 22a•e The twrd theli
authorize m drn>' requests for rise removal s9 silted fur in aeellen 22.5.7. The board shall
authorize or deny requesh for earepeione as celled fm in ralabn 22.58. The board shall
diasemmate news and intottnation to the publle regardin6 the protection, maintenance, re-
movalsnd planting of trace: The board shalt proparo a List of trap suitable for planting street
rightwf-way, parka. and other publ(t ptapa and certain privaN property as may be needed.
ford. No. 428.82. 94 a. ~. 6. 18.21-0B:0rd. No. 41-86.8 1. 1-21.661
be. ltsd. Permit appilaatbar. i~
Any person requited by aaetion 22.54 W obuin a permit u specified by the provisions d
this chapter 66511 maha application !ar xsme by Alfa6 a written apDliatiaa at city hall. The
eppliytion shall requiro ^ writen tRatemeat iadigtiry the roaeen the permit is heicg wtretltt
and jtWUlcation for action requested, and any other data required by the tree board and
reateaahly aeewary to eery out iu dttitu heroin.
(Ord No. 0.28.84,16,12.21-02: Ord. No. 0.1-08.8 1,1.21.881
See. 82be. Jurisdictional aorres.
?he tbtluwiog trw protectloo)67W(Rlon aotrea wtteroln permlb ate requ'ved are hereby
eetab)tebed:
(11 Pri+nary zottc The right4-way at all public ahaeta (eaapt roc a tan t 101 fop clear-
ance smie aibwed for ezistin6 eleetrial own Ilnw) mttnkipal parlu, and sU otlur
mwieipally turned ptgerty.
f81 3ewndary zoac All Progrty planned Gtr, x ands development. ndevalopmeat.
razin6 or remvating. A pecan who pteeeatly livr in hla how on said lot shall be
eaempt.
(81 Tertiary tenc iSeesatly developed and eattpMd commercial or iadaetriel ptopany.
(Ord. No. 428.82.8 7, 12.41d'1; Otd. No. 0-1.86.1 1. 1.23.881
See. 8l5.6. Tres protsetlen Prnctket erhieb ahaA 6e tsdhafad b tsy appliean4 and
perwm wb)act b th4 ehapeer.
fit Prior to taaklis6 sire altetatioN within any tree protection jurisdiction sorts the party
propaitt6 the tits altaratiom. ar his daigtMe, shall rnudtui a thorough tra Itteplstioa :red
written rwport a<the dte under conafderatlm Tl+e DurPer of the Intptction is to evalaab the
crondttlvn of the crass sad ldtntlTy chore beN sui4d for preaanation. Tho person performing
tech teak shall bt an individual eraiaed in arherenlturo, landeope auhiteceuro, forestry ar
other closely re4led Mkt
fhr Temporary prott:ctlw batTien ahail be eteRed around trees identified for preaerv~-
tion where paitiotul eentlists with site alteration eaiau. The twrier rhall nut M Ices Than
6qp No a
1661
O1-?1-r+ SI,IN 01::6:21 ,3 +e a+r• nn,-n
2 22.5-1 GREEN CO~i SPttING3 CODE
Rasing: Te serape, ant er ethawiea «move txistint treas.
Site aftsratbni Any maamada chanas, dieturbsna or damage to the existing topograPhY
er trese.
S(mt: The entire width of public right•of-way
T.ec AnY aall-Npp°tting woody pknt d s epeciN which normally grewa to an overall
height d a minimum d SReen (151 fact (° Wu area, and u t[x (81 inches or larger in diameter
at four and earhalf 14N1 M1et troth the pound.
Tres nmowl AnY act cawing the death andlar elim(Mtion of a tree.
Unieue er specW! charoelo4tle A tree of uawwl peeiea, configuration, size, age or
blator(sa1 mrk~°d, 1~~~, but Mt lfmtled to a Ifweak. tYprae or magmlia tree of
thiriY (~ iO~ a mon la OBH.
(Ord. Ns. O.2g.82,12.12.21-02:Ord. No. O•1A8, 7 1, t-21-081
Bea. is'1f. Teas eoaearratktn baerd.
lal The« is he«by ere°tad an adminiatrative body to M ktrown as the trn conurvpion
board eomptwed of fire l61 citlseN of ehs dtY. Each memMr shalt be appointed and al+prnrsd
by the airy courttil. An ex d4e(o member spell W an individual trained in arboriculture.
lamlaeape ardeitactun, forestry or soaM other cloeaty « la4d field
tbl All member of the board will ssrva wlthoat paY• The members eha!I be appointed as
toliowe: Two 121 [or two 12) ysa» and three 131 !or thrN t31 Years and serve until their
suratao» an duly appointed aced approved by ttfe e1tY aouzcoel-Vacancies caused bo dmth.
members shall thereaRsr be appointed for terms et urea ~I ~aruneapired 4: m in the came
raaigaation or otherwise, shall M filled immadia (Y oinl~
ccunner a the original appointment an made. Members of the bard may seek reaPP
aMnt bvt they shalt not Berra more lban two OI aonat~ti~Qlarme ehall meet and erganiu by
ld tpa° appe{mmaat tad appru•al w etw board,
the election d a chairman and secretary. Rules and peeeedurM shall M adopted for the
hddiaB d tagtdar and specirl mertints M the board shell dram adviuble and nacesurY in
ads W cart) oat l4 rasponalMlltNe.
Idl It is the !Brant that at lout two l11 member;d tM board, if possible. be engaged in a
bualaae i° ~ dy. ermite and grant
(el '@w board. or fta diWBnu, shall haw qce authority b iesw p
is aseordaata rrlth the prorVioro d thb deap4e. The board, or Its designee. sha{I
e'~pWee ~ PrdattOD, mainteoam'e and rlmeral of trees on all
haw CM authority of re8ulatiag Y u daftoad bsraln. 7'6a bvnrd. or its designee, shall have
- publidy and prira4lY awned pttupert
the authority 4 sapanisa a< eaapsat y1 wok done antler ha11 ha a the authori7C4 reeoket a
~ ~~ d tyy chapter. Iba bored er itr deslgdee,
lit ~~ seder eha pterlatoas of shy chapter io the event my false e4tement or
~p~geatatbe 4tad to tM Wuaxe d fha persa4t-
aw.lfaa t3a0
pLr e:. 31. 1419 .,:0;
, '..
Chapter gg-i
11. r1. 198/
7RHH PROTECTION•
See. 9281. petlnltbae. -
Tbe following word. std Dhraete. when aced Mrefn. ebalt have the tneaninge wpeetively
auribed to them:
Conururtbs Tntludes erKting etrYCtgt'ta sad building. placement d utilitiu. Paving.
topograpttiwl chaarea and IneulLtion otdrtllloaes.
DHH• Ths diamekr Dnast height rtkaawed in Inrhre et 4.6 tht above jround level.
Drsignr. An appointed rsDresenktlt'a.
Drllbpetrnt rrdrerlapmenL rena'IUinL' Any cotutruetlan for which an application for a
building permie must M made. prior [o initiation of say impronment. Also. in the ease of
vehiculsrvuae Davina. anY prrparation ar pavement lapnerek er eephalU of • si[v intended for
any type d vehkular•YM.
Detvbp~v/buildtrkontractor MY peron~ ~• or other k jai sa<iH ~ P Wvh-sea, ageen to
putchaae o< ethwwfee ltolds an lattraat in nal progeny with tIn intent to, m. M tart dose
danlop said property for my eoaatrttetiotl (by hiwelt or othenl thereon for which m applip.
lion far • building permit will ultJmakly be required.
Daatinvnt Iprcifa: 71e apeek aaNrring mat trlQUMtI)'.
Dripkne. M intapnsry line eaknding petpsedieularly dw'n from the outer moct branches
d the tree.
Esmaatiote 'ILe act of digglag. cutting n scooping soli or in any way changing the
eaiating grade d the land.
Ha:ardoua~ A danger 6y vinut d IonNon and-or DreM^ee of arfecu.
Municipal' Of or belengieg to the city.
park All public parlu owned be ehe city.
poeltiond ron/lirt Hy virtue of iu Itieatton. the tlw'a dripliae u encroached upon by cite
dteretiona.
Propaq Owno: The person owning the progeny L eho9rn in the coun4v tees roles.
Prpaetks 5arnr. A mamlllade barricade to prevent dUturbana o! the tees growing
enironmspt.
Pablit place Ali grounds owttsd by tht city.
'Crean tsteremN-Juriadicttou dwds edaament board, I S.T-Z; itadptapia j. Ch. 12:
plsuniug and devefepment, Ch. 1g: aoning, APP. A.
Stale W w- rotenslcee-NunitipaT Homes AuL Power Att. F.S. Ch. lleg; adoptfon of Wnd
tMvlopment ngulaHOna. F.S. ! 163.3394.
ayp.N.a
1329
~C
~~~ MAIN OW~CE
JOHN J. McLAUG HLIN
ROBERT K. SOLOMON
P O BOX SOJ89
UCI(SONV!L LE BEACH. FLOBIOA 32za0
McLwphllnTrouphton 8 AatoclNes, Ine. i901)Ia6-,v„
~F RF91~ FAx .19aI zasJe59
November 1, 1989
City of Atlantic Beach STP
1100 Sandpiper Lane
Atlantic Beach, FL 32233
Attn: Tim Townsend
RE: GRAVITY FLOW SYSTEMS
WEDGEWATER FILTER BED
Dear Tim:
Based upon your request, we are pleased to quote you a price of
$35.00 each for a quantity of 1,000 replacement wedgewater fi.l ter
bed tiles. This price would include freight to Atlantic Beach
and would be firm for a period of 90 days from this date.
Should you have any questions on this please don't hesitate to
contact us.
Sincerely yours,
John J. McLaughlin
JJM/dc
cc: Chuck McDonald-Gravity Flow Systems
ER NIE B. TROUGHTON RICKS JACKS !AIOHAEL J JANKOVBKV
PO BO%1908 PO BO%15[033 1M SNVOEP OR
LOTZ FLOFIOA llN9 ALT AMONTE SPPG.fLOP10A J3It6 VENICE. RGRIOA J@9a
18~319J~-5559 Ib)I )la-Ii )8 r9 UIa8a-x009
FAx ~I81D 9L-5589 FA%,IGO'I d69~9933 FAN •IB~h aeta6pr
..
crn ot- n'ts,t(xttc utr-ctt
crn ~ t ~
4 .~~'~ .
~~w Z't'~/ Purchase of 1,000 replacement vedgeva ter filter bed tiles
sustsrrm IS1ft Tim Townsend, Plants Division Chief
t~ral November 14, 1989
t~Q~Jt~~t There are 3,136 one-square-foot polyeurethane tiles in the
four sludge drying beds at Che City's sever plan[. The
tiles are three years old. They have sustained considezable
use. .Approximately 350 are very worn with another 300
starting to near noticeably. Additionally, ve no longer
have any tiles in stock (10% of the total amount is recommended)
I you ld like to replace all the worn [ile immediately, have
suff itient file available for the next major replacement, and
have a recommended stock on hand for routine repair and replace-
ment. A purchase of 1,000 tiles would satisfy our needs.
~,''t'=~t Tha[ a purchase order be issued for 1,000 tiles at 335.00 each.
Further, [hat 40% of [his cost be charged to the Buccaneer STP
because of their use of our sludge fac ili[ies.
~t Letter from McLaughlin-Troughton d Associates, Inc:, quoting
the price for [he tile. /
/ / ' ~>
it~11~~ ~ ~.~ (lit ~/lam n~~. ; %t~~~~ /IUkC: „~s~i G~~~
JJu-r~b~ ~ ~~ ~tti
nan~~- trot -+o. 6~
50.MMARY OF F.%CLUSIONS
• Services not specifically listed in the Schedule of Renetits or Supplemental
Riders
• Services for military connected disabilities or conditions
• Custodial, domic it Lary, convalescent, rest care, and skilled nursing faci lity
care unless medically necessary
• Personal comfort items
• Any service not performed or authorized by HOJ physician
• Elective cosmetic surgery
• Whole blood or plasma (administration of blood is covered)
• Hearing aids
• Conditions covered by Workers' Compensation
• Allergy serum
• Physicals for insurance, licensing, school or recreation purposes
• Elective abortions
• Experimental procedures
• Non-surgically implanted prosthesis, devices, appliances or aids, and the
fitting thereof
• Dental care, oral care, and x-rays, except xs specified in the Schedule oC
Benefits or Supplemental Riders
• Reversal of voluntarily induced sterilization, or transsexual operations
_. •
1
t Non-medically necessary surgery for obesity
Ph
i
l
•
•5 ys
ca
therapy, speech therapy and rehabilitation services except as
specified in the Schedule of Benefits er Supplemental P.iders
• Organ transplant services related to donation or implantation
• Family planning services except as described in the Schedule of Benefits or
Supplemental Riders
• Outpatient drugs and medications except as described in the Schedule oC
Bene (its or Supplemental Riders
• Hospital or institutional services re La fed to conditions and benefits not
covered by this agreement
• Mental hea Lth services except as specified in the Schedule of Denef its or
Supplemental Riders
• Services for alcohol or drug addiction except as specified in the Schedule of
Benefits or Supplemental Riders
• Routine foot care
• Services for normal pregnancy or delivery outside the service area
• Ambulance and transportation services un Less medically necessary
x The above is a general description of NOJ exclusions. Comple to details are
contained in theCroup Membership Agreewen t: its terws prevail.
3/87
V
.-,
S7 GENERIC PRESCRIPTION DRUG
Covered Benefits - This endorsement provides benefits for coveted drugs
and supplies.
-In order to be covered under this endorsement, prescriptions must
be prescr i6ed by an IIOJ Primary Care Physician or pa r[itipaCing
provider, and dispensed by an HOJ part Lc ipa[tng pharmacy. (See
separate pre strip[ioe drug brochure.)
-Pre scrip[ion refills will be covered for up to one year from [he
original date of [he pre sc rlption.
Copeyment - Individual topaymen[ per Member per Prescription (up [o a
one-month supply) is 57.00
Nul[iple Nonth Prescriptions - Mhen authorized by the Medical Director,
multiple month prescriptions for Che same drug filled at one Cime will
be subject [o multiple copayments, e.g., three (i) copayments of 57.00
each for a total of 521.DO for a Ch ree month or 100 day supply.
Limitations on Covered Drugs
All covered drugs will be subject co the following limitations:
1. If [he drug prescribed is available in generic Eorm, [he Member
must purchase th¢ generic drug instead of a name brand. IE [he
Member purchases a name brand when a generic form is available,
[he Hember must pay [he co-pay and [he dif Ee ren<e in [he cos[ of
[he brand name versus the generic brand.
2. Prescription Drugs will only be covered up to a maximum one-
month supply; (J1 days = one month supply).
1. Maintenance Legend Drugs, will be covered up to a ma zimum
quantity of a one-month supply as approved by [he plan; or
4. genefits for insulin and disposable syringes, when prescribed
by a NOJ Priamry Care Physician or IIOJ Participating Provider,
will be provided as follows:
a. A an¢-month supply of disposable syringes and needles for
injection of insulin, when prescribed with a one-month supply
of insulin;
b. A three-month or 100 day supply of disposable syringes and
needles, when prescribed with a three-month or 100 day supply
of insulin;
c. Disposable syringes and needles will be covered only when
prescribed in conjunction with insulin and purchased at the
time the insulin is purchased.
r
~~
ill/
~.
t
~.
;..
SERVICES
PROVIDED
SPECIAL
SERVICES
OiNER PROVISIONS
SCIIEDULE OF BENEFITS (continued)
Blue Plan
BENEFITS
COVERED AT 1007,
• Medically necessary ambulance service
• Home health services by nurses, therapists and other
health care professionals
• Sho r[-term physical/speech therapy (up [o [vo months
maximum)
• Oral Burge ry related [o fractures of [he jav, trauma
[o surrounding tissues or tumors/lesions of [he jai.
• Alcoholism or drug abuse services for emergency
detoxification
• Hospice care
Additional Copaymen[s
• Infertility services and treatment - S50 copaymen[
• Durable medical equipment - S25 copay per spell of
illness
• Skilled nursing facility - No copayme nt '
Maximum CopaymenC: The maximum amount of topayments in any calendar year
is limited [0 51,000 per Member and 52,000 per family.
NOTE: The above is a general de sc rl pion of 110J coverage. Complete details are
con_[ained in [he Group Membership Ag t• i[ [e s p IL All benefits
are prov[ded as deemed medtcally necessary by HOJ participating physicians.
All copay- men[s are Che responsibility of [he member and must be paid Co the
provider a[ the time service is rece turd. SUPPLEMENTAL BENEFITS: This Schedule
of Benefits outlines these benefits included in HEALiN OP710N5' basic
contract.
i I1EALt11 OPTIONS OF JACKSONVILLE
~_• SCIIEOULE OF BENEFITS
BLUE PLAN
All health care services must be provided, authorized or approved by your
HEALTH OPTIONS Primary Care Physician.
SERVICES
PROP IDEC BENEFITS
OUTPATIENT APPOINTMENTS WITH t10J PHYSICIANS - SIO COPAYNENT
SERVICES Services include:
• Routine office visits
• Treatment for illness or accidents
• Pediatric and veil-baby care
• ImmUniZa C30n5 and innOCUIaClOns
• Periodic health assessments
• %-ray, laboratory, other diagnostic services
• Consultation, treatment by speciaiis[
• Iiearing screening and vision sc reening(up Co age 19)
• Medically necessary allergy testing
• Office surgery - j25 copayment
• Outpatient facility - j1O0 copayment per visit
`u~ HOSPITAL j 10O GOPAYMENT PER OAY (Maximum of 5500 per admission)
'K° SERVICES Services include:
• Room and board - unlimited days (Semi-private room)
• Physician's, specialist's and surgeon's services
• Ane s[hesia, use of operation and recovery rooms
oxygen,drugs and medications
• Intensive care unit and other special units
• General nursing and medically necessary special-duty
nursing
• Laboratory and x-ray
• Pequ iced special diets
• Radiation, inhalation and short-term physical therapy
MENTAL HEALTH • Inpatient - 30 days - covered with inpatient hospital
c opay
• Outpatient - 20 visits - first visit paid in full,
visits 2-20, S30 copay
MATERNITY COVERED AT IIOS PITAL SERVICES COPAYMENTS
CARE • Full prenatal, delivery and postnatal care Eor mother
and child
EMERGENCY WORLONIDf. COVERAGE
SERVICES • Urgent care at your Primary Ga re Physician's OEf ice
j10 copayment
v ~ Emergency care na[ionvide at any medical facility -
j50 copayment
rl.-_
RATE ANALYST
A
RHPL01'EE ONLY URPRNUENT
^
4~
V
HEALTH OPT lOKS BLUR P!.AN
W ITN PRESCRIPTION URUC
E10 Physician Office 1'is its
$100 Per Day do sp i[al Co-Pay
$7.UO Rx Drug Card
PPC PLAN 4
;200 Deductible
80/60% Co-insu ra ncc
$1,000 Out of Pocket $124.62 $261.84
ESTIHATEU COST WITH
PREN IUM CONVERSION PLAN $124.62 $209.48
FIEALTN OPTIONS BLUE PLAS
fJIT!i PdESCRIPTL05 DRUG
$lU Physician Ctf icc Visits
$100 Per Day !lo sp ital Co-Pay
[g500 Max imam Per Admission;
g i.00 Rx L`rug Card
PPC PLAN 5
<, 300 Deductible
80/60% Co-insurance
$!,000 Out of Pocket f121.48 3253.54'
EBT IMATED 0057 YIiM
PREMIUM CONVERSION PLAK f121 .48 $202.84
NON-NEGOTIABLE LIPS kATE $.49 pcr $1.000
~ ~~
I
~.:= ,_. '
~~~
•~IIIE ~
F]~Qloyees have a dioice of two health insurance plans, Av-Med a~
Pru Care.
City Pavs 1008 of premium for enployees atd all full- tine,
pernanent enployees aze given $600 per ear to supplement the cyst
of dependent coverage, or where no de y
fit. City exercises ro control over ~ ~~ents, to use as they see
money is spent.
FffilAIDII~! ~II®
E1~ployees have a choice of three plar~s, principal, Av-Med, or
Florida Municipal Health Trust,
City has Leen payim 1008 of pranityn for employees and dependents.
Ebwever, effective CrtA6er 1, 1989 mployees will be required to
pay 508 of any increase in dependent covers e
9 Premiums.
0161IiGE PAl3C
t7~Qloyees have a choice of three plans, Principal, Av~fed, and pru
Care.
ads Pranium for mplayees only to the extent of the single
rate of the lowest plan offered.
PAUIIXA
Florida Municipal Health TttLSt is the only plan offered.
atY aavs 778 of health insurance praniiyn for both a~ployees aId
depeudP~ts, acd 100$ of dental premier for employees only.
(~ CWL+ SPRII~
Diployees have a choice of three plans.
CQty pays 1008 of pmnium for employees, a!d in addition,
~dep~rGfent heads are given E50.00 or ;60.00 per month to offset the
deper~nt insurance.
~._
cmr of Aanr~rlc B~
CI1Y O~IffSSIQi Iffi'Iti;
~ ,~
A(,'@ilA 1'ffid: Presentation by Diane Bassett, Rodriguez Consulting
Gra:p, Zrc., regarding the city's health insurance
SlBlIT~ BY: Maureen zing
¢\18: Novenber 22, 1989
BALR(~ORD: The insurance committee worked hard to put together what
we thought were exrellent specifications for health insurance. Although
over twenty initiations to bid were nailed out, only throe bids were
received. Rodriguez Consulting (Ywp }as examined the bids ant
rece~uoLnds the bid of Blue Cmss Blue Shield as the best bid received.
I am att rfiim a copy of the benefits and rate strucbare of the Blue
Cmss bid anl, as you can see, the prices are still very high.
I have surveyed sore neighboring cities to see how they handle health
insurance for their employees and have attached some information which
you may find interesting.
Diane Bassett will be at the meeting on Morday night to make their
reoame'dations and to ans~.er any questions you may have.
with the rising cost of dependent coverage marry of our
employees have discontinued health insurance on their families. The
City Co~rmission may wish to consider sane way of subsidizing the cost of
dependent coverage.
1d'~LBHPF: Blue Cross Blue Shield bid
Survey infornation
ASVIBi~ BY CTTY MAIA[~+R:
AL$IIA I1~1 10. 3D
PA(~ 1?il2
MIIMFS
19JVFA8F7l 13, 1989
The Qty ltana9er Pepocted :. Pre-wnstxvctiwi oonfereme in
cwmection with the Section H project veld be held on Friday
Nov~anber 17, 1989. In order to facilitate drainaye he said a
detailed lot ofd block grading Plan mould be needed ofd an estimate
for this veld be in the reighborhood of 521,000. Also it would he
nooessary to make inspections to `fake sure the P~ is adninistered
Properly as the ants are developed.
O~saioner Opole zeported in conneetiaf with the IJOfden+ood
F]cpressway, a joint meeting of the Beaches City Couroils/Camdssion
along with Sen. Bankhead, Hep. Arnall~ OxmciLian Jazboe, JTA ofd
OOT representatrves had been scheduled for January 10, 1990. He
solicited support fr~n both the citizens and euvnissioners.
~gynr n,ttii~ said he had received a letter frt7n Pep. Arrell
regarding Fxdget and this was passed along to the City fhinager for
xesPonse•
He also ifyuired ~ + , the status of the plans to remove the
poles on Plaza at the entrance to Selva lakes and was infonred pls.
Blanchard is getting prices to replace these with h ^~°ry.
There beim3 ro further business to erne before the camfission, the
Isayor declared the meetLg adjourned at 8:25 Pll.
William I. (;ulliford
Mayor/Presiding Officer
A T T B S T:
Bose H. B1anYdiard
Acti+g City Clerk
NAME OF
COMMITS.
M
S V
Y V
H
PAGE FUOR
MRIIIIFS
NWII~IDIIt 13, 1989
Lt. Christman reported in response to a recent request for
additional step signs on Plaza, the situation had been reviewed. Be
said the median is wide, there are sidewalks on both sides of the
street, a[d most motorists do observe the posted speed limit wtriich
at 20 MPH, is the lowest in the city aid is 5 MPH below the state
law which requires 30 iIIRi speed limits in residential earmmities.
tie said this area did not meet any of the guidelines for the
installation of additional signs aid it was his reooimeidation ro
additional stop signs be installed. Ele said the Police Departrent
would continue to work in that area aid would write citations where
necessary.
C. Mrtval Aid Agre®ait (I.t. Q¢lstraari)
A draft of a Mitual Aid Agreamnt with various law enforcasent
agencies in NorUrast Florida had been sent to the commissioners for
review. This agreement would allow the departmsta to assist ore
arother in the event of a major disaster aid would provide a
mrohanism to share manpower and equipment, ~~*;~•>>~ly in the area
of drug investigations. The City Attorney had reviewed the
agreamst and Lt. Christman recamiended approval.
Notion: Apprvue prtual Aid Agreaeent as pree®ted
No discussion before the wte. The motion carried unanvrously.
D. Actioo by the City O®issiaa ho appoint a ~ssioo~ to fill
the ,~,+.+~ tea in Ct~ission Seat ~3
The Mayor intmdciioed Lyman Fletcher, Hugh Carithers, Jack Brooks,
JoM Weldon, aid John F. Stone who had written letters expressing an
interest in filliig the vacancy, aid thanked than for their
willingness to serve. Nr. F, or,•we,- rq~„c~~ his ilmse be withirawn
from consideration aid urged support of ftugh Cazithers.
Notion: Appofiit Jahn Neldon to fill the hired tea of
Alan JeTm® in Salt ~3
No further discussion. On roll-call vote the aEpoinbnlit of M[.
Yleldon was ,,,,wn;mn„alY aPPro~d•
Notion: Appoint lls. Blanc~d as acting City Clerk for this
teeaetiig
No further discussion. the motion carried unaniiroiLSly.
Ms. Blanchard, Acting City Clerk, administered the oath of office to
Mr. Weldon.
Cam,issioner Weldon thanked the c~nussioners for their support in
appointing him to the position.
V V
NAME OF
COMMAS. M S Y N
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F@IVl£S
NdVFF1BER 13, 1989
B. lir~lutim No. 89-55
A APS~Dl'FQl GF ~ C11Y CF A17AlifIC BFJI~ ~C 7ffi P!»14 AFD
O.S. WiiRSS 1U tim'UQIIEB AID AI+PIAl 7~ Lnl13p[E AID PI7Ht OF '1~
'ffi715 AlHOHII' GffiC8 ((DVVI?13S AHl BAi11ti'!~i '~ B~HSRVB Pf)HLS OF
7~ 57F1'~9 AID '~ Pffiffi61L GIRHC!@if
lbtim: Approve adoption of Rr~olutim No. 89-55
No discussion before the cafe. 'lt~e motion carried unaninously.
5. Actim m ORdi~~oes• t
A. Ordinm:oe No. 90-89-149 -First R3ading
AB CIDI181N(B CF ?!$ CT14 OP A4AIP1.'ZC BFa® AI4~INit ®1P1ffit 24 OP
Tl$ ~ CR 10 CBPX~ ARlZI(SS XVII 58LTII215 24-17-1
~t$ 24-17-13 I1i71>61VB '10 PiDVIIE RR <BVHOlIHiP A[~Hi15;
PIDVIDING PI7t APPISCA17iR6 AID S18QTD1I. Iii PIDVIDIIZ; 1?Qt
88VV1ffii BY 11$ CLTY I81tiTL~! AND CCfY : PR7VIDIR; Pflt PB1S;
HWIDIl~, PL1i !A Y83lIITi aP IEVffiLMHfl RIGB'15; PADVIDIFG FUR
I4~QTD1i. LII4IATZOIS; PAD9IDIITG POIt NOIIC6 AID Pi~.SIC BBARIF1Cd;
P![IVIDING POR ~ QlID91fS UP ~L19HPP A(i+!'~H71S; PIDVIDIFIP PRt
APPIS(71~ZQ9 dP Sr)dSl~7f OR1IFAt~; PIOVIDIIT, POIi IMVIHI AID
A8~Z1A: AID PADYIDING Pdl AN EPPBCf1V6 ~ BEIBI+.
The City Attorney said the carding of Ordir~arce No. 40-89-149 was in
accordance with the Florida Statute reganling Contract Quality
i;evelopments a:d had previously been presented to the oamissionera
for their review. It was being introduced m first reading at this
time to provide enabling legislation in co:mection with the Tiffany
by the Sea project.
FHyor GUlliford introduced in full, in writing, prd;+u.~ No.
90-89-149 on first reading.
lbtim: Appcwe passage of Otdinvne No. 909-149 m first
reading and set fa public hearing .7anHLy Br 1989
Zn ,I; ~,~eim before the cafe, Crnmissioner lucloer inquired whether
the ordinance contained a;ry provisim relative to protection of sa;d
dares and the City Mareger was asked to check into this. 11:e
questim was called and the motion carried on a three to ore cafe
with Crnmissiarer Tucker wting Nay.
6. liar Busing:
A. [)...wily axed Oidors 8bgi~ with reo®datim for paving of
Ievy Foad
Since m representatives Eton Conrelly and Nicker could be at this
mee~ the matter was deferred to the rezt nesting .
B. Neport a;d reooss®datims concerning additimal step sicym
aLonq Plaaa (Lt. ~risiaaz:)
NAME OF
COMMITS.
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MIMJPF-S
NWtl•IDEA 13, 1989
lbtfan: a.,tMri sa the sty N~ t" Pr~~ with the
purduse of the Nt. Pisgah pmpesty at a cost of
;11,000
No discussion before the Vote. The motion carried ~,n~^;^r+,~ly,
e. po®xnity Develolaent Block GYent pzesratation by City
(>unreultant Stan Aeiger of t)tiP, a`d Nape' Angara
Mr. Reiger reported he had been working with the City of
Jacksornille through the entitlement ~AA program cn behalf of
Atlantic Reach for appratimately a Year He sand Atlantic Reach
world be eligible for appr+oxinately ;112,000 annually to be spent on
the Ca~mzity Developrent Program objectives. The initial targetrd
area would be bordered an the south by ~-'r Road, a1 the west by
Mayport Road, on the east by Frances Avenue, including the park, aId
an the rorti~ by Church Road. The program include cleaning of the
lots and malting law intrsest home-i~rov®ent loans available.
Mr. Geiger briefly outlined the progzarn which included
administrative set-up, the revitaliution Plan which would include
surveys of the haLSes and utilities, park improveoPnts, let clearing
and code enforcarent. He suggested scheduling informatirnal acd
Planning meE}1M8 with city staff, residents, and the conmission and
Rev. Kenrerley offered Ibherts Mt. Pisgah (hutch as a site for those
meetings.
Mayor GUlliford said he had spdten with Dick Ha+ers about the
possibility of establishing a SO1C Corporation to allow couples wM
did not have the down payments but who world be able to make
payments and lv'eP Property in good repair to qualify for Loans and
strongly ur9~ ~. Geiger to consider this aspect in his plans.
Nokian- Authorize l1r. Geiger txt prcc~d with pleos for
. pr~nity r~n~rt Block Glcaot p[oCga• in
aoootdarxe with 63a letter PcvPoeal dated Nwe~vr
11, 1989 subject to review by the Clty aF**~+TM
Further discussion ensued relative to the program. 1t~e question was
called and the motion was +^~^+^~~~lY aPPr~•
4. Aeaolot9a~s•
A. Nanlution No. 89-54
A Af9RDPI49 OF Tl$ C1TY GF J1'IIMPPiC EO1®. D[Y'Qi+ PIQ~r+ C1TiII•HS
1p ~' T18 ~ MQBlBII' 43 ~ TJ$ !WNl83H1 1990
BAIlOl IdMTIIG Q![IiB: 3D1'~ NANDAR~.. CN CITIES AND ~
Mayor GLlliford presented in full, in writing, Resolution No. 89-54
Mctim: Appiwe adoptim of Resol„Firn No. 894
tlo discussion before the vote. The motion carried ,,.,a^;.,.,,°ly.
NAME OF
COMMAS.
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MISSIaI BEID M' CI1Y BALI. Ql NLNDAY, N(HFI'!8®i
pRFSEI7C: William I. Gulliford, Mayor
Robert B. Cook, Sr.
Glenn A. Fdusrds, ant
Adelaide R. Tucker, Commissioners
AND: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
hose Blanchard, Substitut;,n for the City Clerk
ABS1N1': Maucees3 Ring, City Clerk, who was out of town
The meeting was called to order by Mayor d.#i r e rnvoca on,
offered by Commissioner Cook, was follored by the Pledge to the
flag.
lotion: Appcoye orutea of regular' maeF.in9 of Nove>~e¢ 7.
1989
No discussion before the vote. T1te motion carried „'ani.,.+,aly.
~~: Appcaie einttPS of the meEtvg of tiovabPr 7. 1989 of
the na+ o®ssion
No discussion before the vote. The motion carried u:iaiiiimously.
2. pamotutim of Visitors
Mayor ry+llifoffi recognized Robert Assaf of Liberty Ambulance Service
who wishes to place one of their ambulairoes in the Atlantic Bead:
area to help take care of the citizens wtiai Rescue Units 3 and 17
aze ocmpied. They nw provide life support at First Coast Medical
Center aid if the city mold make space available Liberty Atmtulanoi-
vwld place a unit in Atlantic Reach airl their personnel mould be
able to provide advanced life support M the Atlantic Beach
o®w3ity. Since no objections to Mr. Assaf's Proposal were
expressed, the City Manager was requested to check further' into this
aid report back to the coimii.ssion at a future iieetirg.
3. Old ]l>sirieea
A. Discussion atd rela6ad action for the proposed piudiase of Lad
fro, RobPSts !K. Pisgah Cfiuri:
The City Manager reported the city had previously negotiated a price
of (12,000 for the Mt. Pisgah property Ekiwever, resear'di had
zeveale3 a strip of Lad adjacent to the duirdt did not belong tc
the chureh as had previously been thought. A price of ;11,000 hat
now bees negotiated for the purchase of the du3rch PAY, aid it
was felt the strip belonging to Mr. Ivcg mold be purchased for
f1,000.
ME OF
COMI~tS.
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Page Iwo - Agada - FrO°~r 27, 1989
E. Request for penaission to advertise for financial advisor
(City Manager, Rim leiribach) _
F. Rece~dauceon George 11yLewsslS etceets (Yub rvices
Dir., Don Ford)
G. ~tevs~ter 1 ~ plant and related serviced (Conmissioner
Ed.ards)
7. Actin on G~{ramoesc
A, Ordir~a+~ No. 90-89-150 -First Aeadi+q
Intzodoction and first zeadLg of an ordirw+cra aeieudirg the
Crnprehensive zanin9 ordinance and land develoiment code by
amerdirxl the official zmLg mP to reza~e lard in Dufviers Replat
fmn RGl Residential General to IIM, Industrial Light and
~cousing
8. City Marmger Parts amd/os mrrespadeee
9. Mesas to mil on City p~seiOnas, City At6anr-7/ and llty Cleric
fos ruts erd/or regoests
}djcunmest
~:
's
-t_ _ _
clTr oP ATSANfic Bf21C5
RppBNt 14~T1IiG, lQi111Y, t>OV@gFR 27, 1989
Call to order ,
Invocation and pledge to the flag
1. Approval of the mirwtes of the zegulaz meeting of lbvenber 13, 1989
2. Rtnognitim of visitors
A. F.ecognition of members of the Parks end Recreation Advisory
Board (Pazks a Recreation Dir., Rose Blanchazdl
Y
3. Appeara,xPS: Jackson, .- Crnmutity Awazeness
A. Presentation by DgroUry
Specialist, regarding the 1990 census
B. Presentation by Michael Saylor of Beseent, 1lmnmck 6 ImcW~an,
on the city's beautification plan
C. Presentation t~ Cognelly L Wicker On proposal for iaprovamnt
to Ievy Road- Gi,.a~..Fw~.d- .a.~l,~~• -c. n.c~~..., ~.) c.-t~ a.~~
D. presentation by Diane Bassett, Rodriguez Consulting Grroup,
Inc., regarding the city's t~a~t~in~ra:~e~, ,_ ` .
~~P~ .~.
4. Old Business:
A. Approval of storm water utility agzeenent with CFY2M Bill
Engineers (City Mager, Rim T~inbachl-Ll... _Te--;-z ~~ ~>~, `•_..'•"-V,
8. Approval of pay request Fb. 3 to Scott Plumbing for
f109,726.22 for water main replacement (Public Services
Dir., Don Fbrd)
5. Bid Awards:
A. Award of bid for the purchase of three used City of Atlantic
Beach garbage trucks (Public Services Dir., Dce Fbrdl
B. Award of bid for extension to the existing public works
maintenance building (Public Services Dir., Don Fbrd)
6. Mew Business:
A. Engineering report concerning Beach Avenue water aid sewer
project (MdY MaY, Gee 6 Jenson)
B. Action by the City Conmusaion regarding the purchase of the
for the wastewater treatment plant (Division Chief, Tim
Toanserd)
C. Proposal for tree ordinance (Jo3y Ford, Atlantic Beach
Beautification Camdttee)
D. Code fhforc,amnt Board potential ordinance amendments (City
Attorney Alan JenrseN
~.• ,
r
SECTION V: THE RESOURCES OR FACILITIES THAT ARE ASSIGNED BY THE
ASSISTING AGENCY SHALL BE UNDER THE IMMEDIATE COMMAND OF A
SUPERVISING OFFICER DESIGNATED BY THE ASSISTING AGENCY. SUCH
SUPERVISING OFFICHR SHALL BE UNDER THE DIRECT SUPERVISION AND -
COMMAND OF THE AGENCY HEAD OR HIS DESIGNEE OF THE AGENCY REQUESTING
ASSISTANCE.
SECTION VI: WHENEVER THE EMPLOYEES OR PERSONNEL OF ANY LAW
ENFORCEMENT AGENCY ARE RENDERING AID OUTSIDE TKEIR JURISDICTION AND
PURSUANT TO THE AUTHORITY CONTAINED ZN, OR TO ANY WRITTEN AGREEMENT
ENTERED UNDER, THIS PART, SUCH EMPLOYEES OR PERSONNEL SHALL HAVE '.
THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES, AND IMMUNITIES AS ZF I
THEY WERE PERFORMING THEIR DUTIES IN THE POLITICAL SUBDIVISION IN
WHICH THEY ARH NORMALLY EMPLOYED OR APPOINTED.
SECTION VII: THIS AGREEMENT SHALL BE IN EFFECT FROM
, THROUGH AND INCLUDING DECEMBER 31 1992.
UNDER NO CIRCUMSTANCES MAY THE AGREEMENT BE RENEWED, AMENDED OR
EXTENDED EXCEPT ZN WRITING.
SECTION VIII: ANY PARTY MAY WITHDRAW FROM THIS AGREEMENT UPON
WRITTEN NOTICE TO ALL OTHER PARTIES.
4
SECTION III: PROVISIONS PERTAINING TO BOTH OPERATIONAL
ASSISTANCE AND VOLUNTARY COOPERATION.
IN THE EVENT A PARTY TO THIS AGREEMENT NEEDS ASSISTANCE AS SET
FORTH ABOVE, SUCH PARTY SHALL NOTIFY THE AGENCY OR AGENCIES FROM
WHICH SUCH ASSISTANCH IS SOUGHT. THE AGENCY HEAD WHOSE ASSISTANCE
IS SOUGHT SHALL EVALUATE THE SITUATION AND HIS AVAILABLE RESOURCES,
AND WILL RESPOND IN THE MANNER HE DEEMS APPROPRIATE. THE AGENCY
HEAD'S DECISION IN THIS REGARD SHALL BE FINAL.
EACH PARTY AGREES TO FURNISH NECESSARY EQUIPMENT, RESOURCES AND
FACILITIES AND TO RENDER SERVICES TO THE REQUESTING PARTY AS SET
FORTH ABOVE; PROVIDED HOWEVER, THAT NO PARTY SHALL BE REQUIRED TO
DEPLETE UNREASONABLY ITS OWN EQUIFMENT, RESOURCES, FACILITIES, AND
SERVICES IN FURNISHING SUCH MUTUAL AID.
SECTION IV: LIABILITY.
EACH AGENCY WILL BEAR THE LIABILITY ARISING FROM ACTS UNDERTP~~l1 BY
ITS PERSONNEL PURSUANT TO THIS AGREEMENT. ALL OF THE PRIVILEGES
AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS, ORDINANCE AND
RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY, WORKERS'
COMPENSATION, SALARY, DEATH AND OTHER BENEFITS WHICH APPLY TO THE
ACTIVITY OP SUCH OPFICERS, AGENTS, EMPLOYEES, OR PERSONNEL OF ANY
SUCR AGHNCY WHEN PERFORMING THEIR RESPECTIVE FUNCTIONS WITHIN THE
TERRITORIAL LIMITS OF THEIR RESPECTIVE PUBLIC AGENCIES SHALL APPLY
TO'1'HEM TO THE SAME DEGREE, MAA'NER, AND EXTENT WHILE ENGAGED IN THE
PERFORMANCE OF ANY OF THEIR FUNCTIONS •AND DUTIES EXTRATERRITORIALLY
UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT. THE PROVISIONS
OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER,
AND AUXILIARY EMPLOYEES OR PERSONNEL. ~
3
MAINTENANCE EXPENSES OF SUCH EMPLOYEES OR PERSONNEL WHILE THEY ARE
RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR
COMPENSATION AS A RESULT OF PERSONAL INJURY OR DEATH WHILE SUCH
EMPLOYEES OR PERSONNEL ARE RENDERING SUCH AID. NOTHING HEREIN
SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING SUPPLEMENTAL
APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING BUDGETING
JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS
OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING HEREUNDER.
SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION.
EACH OF THE UNDERSIGNED AGENCIES MAY REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THE OTHER IN CRIMINAL INVESTIGATIONS, TO
INCLUDE BUT NOT LIMITED TO HOMICIDE, ROBBERIES, BURGLARIES, MOTOR
VEHICLE THEFT, DRUG VIOLATIONS PURSUANT TO CHAPTER 893, F.S., SEX
OFFENSES, ASSAULTS, GAMBLING, BACKUP SERVICES DURING PATROL
ACTIVITIES, AND INTER-AGENCY TASK FORCES.
WHERE INVESTIGATIVE PRIORITIES ARISING DURING A LAW ENFORCEMENT
OPERATION REQUIRE CROSSING OF JURISDICTIONAL LINES, EACH PARTY
AGREES TO NOTIFY THE AGENCY HEAD OR HIS DESIGNEE CONCERNED, PRIOR
TO, OR AS SOON AS POSSIBLE AFTER, JURISDICTIONAL LINES ARE CROSSED.
FOR ROUTINE ASSISTANCE ACROSS JURISDICTIONAL LINES, THE ASSISTING
AGHNCY SHALL HEAR THE LOSS OR DAMAGES TO ANY EQUIPMENT IT FURNISHES
AND SHALL PAY ANY EICPENSE INCURRED IN THE OPERATION AND MAINTENANCE
THEREOF. THE ASSISTING AGENCY SHALL COMPENSATE ZTS EMPLOYEES OR
PERSONNEL DURING TAE TIl~ OF RENDERING ..6UCH AID AND SHALL DEFRAY
THS ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF SUCH EMPLOYEES OR
PERSONNEL WHILH THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS
PAID OR DUE FOR COMPENSATION AS A RESULT OF PERSONAL INJURY OR
DEATN WHILE SUCH F2ffiLOYEES OR PERSONNEL, ARE RENDERING SUCH AID.
2
MUTUAL AID AGREEMENT
COMBINED OPERATIONAL ASSZST.'~NCE AND VOLUNTARY COOPERATION
THE UNDERSIGNED LAW ENFORCEMENT AGENCIES FIND THAT IT IS TO THE
ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF
LAW ENFORCEMENT SERVICES AND RESOURCES, TO ADEQUATELY RESPOND TO:
(11 ZNTENSiVE SITUATIONS INCLUDING BUT NOT LIMITED TO EMEkGENCIES
LISTED UNDER SECTION 252.34(2), F.S.; AND (2) CONTINUING,
MULTI-JURISDICTIONAL LAW ENFORCEMENT PROBLEMS, SO AS TO PROTECT THE
PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE
PEOPLE.
FOR THESE REASONS, THE UNDERSIGNED LAW ENFORCEMENT AGENCIES DO
HEREBY VOLUNTARILY ENTER INTO THIS AGREEMENT, AS AUTHORIZED BY PART
I OF CHAPTER 23, F.S., THE FLORIDA MUTUAL AID ACT.
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE.
EACH OF THE UNDERSIGNED AGENCIES MAY REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THE OTHER IN DEALING WITH CIVIL
DISTURBANCES, LARGE PROTEST DEMONSTRATIONS, ESCAPES FROM OR
DISTURBANCES WITHIN DETENTION FACILITIES, FIRES, NATURAL OR
MAN-MADE DISASTERS, SPORTING EVENTS, CONCERTS, AND PARADES.
THE ASSISTING AGENCY UNDER THIS AGREEMENT SHALL BEAR THE LOSS OR
DAMAGES TO ANY EQUIPMENT IT FURNISHES AND SHALL PAY ANY EXPENSE
INCURRED IN THE OPERATION AND MAINTENANCE THEREOF. THE ASSISTING
AGENCY SHALL COMPENSATE ITS EMPLOYEES OR PERSONNEL DURING THE TIME
OP THE RENDERING OF SUCH AID AND SHALL-DEFRAY THE ACTUAL TRAVEL AND
r-
STIFF REPORT
IGENDI ITEM: MUTUAL AID IOREEE02NT KITH VARIOUS LAN BNFORCBMENT A(EENCI68 IN
MORTXEABT FLORIDA
BUBMII7ED BY: CHIEF TNOE@80N
DATE: 11/02/89
BACKGROUND: THE ATLANTIC BEACH POLICE DEPARTMENT HIB PREVIOUSLY ENTERED INTO
MUTUAL AID AGREEMENT KITH THY NEPTUNE BEACH AND JACK SONVILL HBACH POLICE
D~IRTMENTB. THE PIBT IOREEEdSNT HAS EYPIRBD.
LAN BNPORCBMENT IOENCIE6 IN NORTHEAST FLORIDA HlV6 REC06NIZBD THB NSCBSSITY PI
BUCN AN IGREEMENT ENCOMPA8BING VIRTUALLY ALL OP THS DBPARTMENTB. THIS IGRSBMI
MOULD ALLON THB DEPARTMENTS TO ASSIST ONE ANOTHHR IN THE BVSNT OP A MAJOR
DISASTER, AND MOULD AL80 PROVIDE A MECHANISM TO BHARB MANPONER AND BOUIPMBNT 1
NEEDED POR PROTRACTBD INVESTIOITIONB. BPECIPICALLY, TNB PARTICIPATING AQENCIE
SEE TRIB A(IR6iHn14' A8 A SOOL TO I88I8? IN TNB INVBSTIOATION OF NARCOTICS IN
THEIR RESPECTIVE COMMUNITIES.
THE AORHEM611T HAS ALREADY BEEN APPROVED THROUGH THS FLORIDA DEPARTMENT OF LAN
BNPORCSMENT FOR SBVERAL IOIU(CI68. AREA A68NCI68 NNO NAVB OIVBN INITIAL SUPPP(
INCLVDE FERNAMDINA BEACH, NEPTUNE BEACH, JACKSONVILLE BEACH, ST. AU(R18TINE,
ORANGE PARR, GREEN COVE BPRIN08, PALATKA, CLAY COUNTY, NASSIU COUNTY, AND
ST.JOXI16 COUNTY. EACH OF TN68E I8 NON PRBpARIN6 TO PRB86NT THIS AOREEE~Ii TO
TH6 NECESSARY OFFICIALS FOR THE lPPROVAL TO PARTICIPATE.
RECOIB1611DITION: I RECOMMEND THAT THB MUTUAL AID IGREEMENT BE PORNARDED TO SHE
CITY ITTORNEY FOR REVIEF.
UPON NI8 APPROVAL, I RECOlDO3ND THAT iN6 AGREEl~NT BE IPPROVSD BY TNB CITY
COMMISSION AND SUB8E0UENTLY BI ONED BY SHE NECESSARY OFFI CIALB.
ATIACNIRNTH: 1 COPY O- THH MUTUAL AI DnIORHHMHN~T f~
RHVIHHHD HY CITY MANA(3iR:/ ~ /~ .~ G~iGi~~li//
AGENDA ITHM NO.~
i
i
e
SECTION 2. That [his ordinance shall become effective
immediately upon its final passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THIS DAY OF
1989.
William I. Gulliford, Jr.
Mayor, Presiding Officer
APPROVED AS TO FORM AND CORRECTNESS
Alan C. Jensen
City Attorney
ATTEST:
(SEAL)
Maureen King
City Clerk
f
a.
~-
~-
8. A specific finding in the development agreement that
the development permitted or proposed Ss consistent
with the City's comprehensive Land Use Plan and the
land development regulations of the City o! Atlantic
Beach or that, if amendments are necessary to the
zoning district designations or land use plan
designations on the subject property, that such
development agreement is contingent upon those
amendments being made and approved by the appropriate
governmental agencies.
9. The City Commission may provide for any conditions,
terms, restrictions, or other requirements determined
to be necessary for the public health, ea lety or
welfare of its citizens and such conditions, terms or
restrictions may be more onerous or demanding than
those otherwise specifically required by the land
development standards then existing !n the City of
Atlantic Beach and may provide for oY! site
improvements, screening, buffering, setbacks, building
height restrictions, land coverage restrictions and
similar types of matters that would not otherwise be
required of the development under the existing City
ordinances and regulations.
lo. A statement indicating that failure of the
development agreement to address a particular permit,
condition, term or restriction shall not relieve the
property owner of the necessity oP complying with the
law governing said permitting requirements, conditions,
terms or restrictions and that any matter or thing
required to be done under existing ordinances of the
City of Atlantic Beach shall not he otherwise amended,
modified or waived unless such modification, amendment
or waiver is expressly provided for in the said
development agreement with specific reference to the
code provision so waived, modified or amended.
11. At the City Commission's discretion, the
development agreement may provide that the entire
development or any phase thereof, be commenced or be
completed within any specific period of time and mey
provide for penalties Sn the nature of monetary
penalties, the denial oP future building permits, the
termination of the development agreement or the
withho161ng of certificates of occupancy for the
failure of the property owner to comply with any such
requirement.
24-17-9 The ordinances and regulations of the City governing
the development of the land at the time of the
execution of any development agreement provided for
hereunder shall continue to govern the development of
the land subject to the development agreement for the
F
v
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S
e
will be constructed and a schedule to nssure that
public tacllitiea shall be available concurrent with
the impacts of the development will be provided. Tha
development agreement nap provide for a letter of
credit to be deposited with th• City to ^scure the
construction of any new lacilitiae that nra required to
be constrvcted. Alternatively, such construction may
be a condition precedent to the issuance oL any
building permits or other development permissions. In
the event that the new public facilities are in place
and operating et the time development permits ere
requested, no such letter of credit shall be necessary
unless such facilities are not adequate for the
project.
6. A description oP any reservation or dedication of
land !or public purposes. Tha development agreement
^hall provide specifically how the land dedication
ordinance obligation for the project, it any, Ss to bs
met. in the avant that lnnd is to ba conveyed to the
City in discharge of the land dedication ordinance
obligation, the development agreement will provide that
ouch conveyance will be by warranty deed and will ba
accompanied by a title insurance policy (at the expense
of the property owner) in an amount not less than the
Lair market value of the lend.
7. A description of all local Bevel opmant permits
approved or needed to be approved for the development
of the land, specifically to include at least tho
following: any required zoning amendments, any
required land use plan amendments, any required
submissions to the Duval County Planning Council or to
the Department of Community APfaira, any required
permissions o! the Stnte of Florida Department of
Environmantnl Regulation, the U.B. Corps o! Army
Engineers, the Southwest Florida water Management
District, the U.S. Environmental Protection Agency and
any other governmental permissions that ere required
for the project. The developmeni agreement shall
specifically provide that said development permissions
are not received, thnt no further development of the
property shall be allowed until such ties ae the City
Commission has reviewed the matter and determined
whether or not to terminate the development agreement
or to modify St in a mannor conslatant with the public
interest. Under these conditions, action in reliance
on the development agreement or expenditurae in
pursuance of Sts terms or any rights accruing to the
property owner thereunder, shall not vest any
development rights in the property owner, nor shall it
constitute partial performance entitling the property
owner to a continuation of thn development agreement.
YW:
Prior to the first. public hearing, the proposed
development agreement shall have been reviewed by the
Planning and Zoning Board and its recommendation shall
have been provided to the City Commiaeion. In the
event that Planning and Zoning Hoard has failed to
provide a recommendation to the City Commission within
forty-five (45) days from the date that such
development agreement has been submitted to it for
action, this requirement may be waived by the City
commission.
At public hearing a, the City Commission shall accept
any public comment on the terms of the development
agreement.
At the meeting at which the second public hearing is
held, or at any eubesquent meeting thereafter, the Clty
Commission may, by vote of not las• than lour (6)
members of the City Commission, approve the Lora and
execution of a development agreement.
24-17-8 Any development agreement approved under the provisions
of this ordinance shall contain not lees than the
following requirements:
1. A legal description of the land subject to the
agreement and the identification of all persons having
legal or equitable ownership therein.
2. The duration of the development agreement, which
duration shnll not exceed three (3) years, but which
mny be extended by mutunl consent of the City and the
property owner, said extension being eubj act to the
public hearing process necessary !or the Snitlal
approval of the said davalopmant agreement.
~. The development uses permitted on the lnnd including
population danaitiee, building intensities end building
height.
4. A conceptual site plan containing such inloraetlon
as may be required by the City Manager to properly
consider the davalopmant proposal. In the event that a
site plan is required in the zoning district
designation in which the property will ultimately ba
developed, all the requirements of that site plan
process end submittals shall be set prior to
development.
5. A description of the public tacilitias that will
service the development, including designation o! the
entity or agency that shall ba providing such
facilities. Additionally, if new facilities are Headed
to serve the project, the data by which each facilities
davalopmant agreement by vote of not lase than four
m ambers of the City Commission, diraot the City
Attorney to reduce tRe said development terms to
contractual form for further consideration by the City
Commiseion. Thi• direction shall Sn no manner
whatsoever obligate the City Commission to ultlmataly
approve a davalopmant agraament or to approve any of
the matters outlined to 'it by the City Manager as to
any-specific term or condition.
In the event thnt the City Manager and the property
owner hav not nagotintad a mutunlly satlstactory
davalopmant agraament, the City Manager shall ao notify
the City Commisalon and the davalopmant agraament
process as to the particular lend shall ba concluded
unless by a concurring lot of lour (4) members oL the
oity~~ommisaion, the City Commission shall direct that
negotiatlone shall continue. A further davalopmant
ngreement application on the same property may ba
submitted no sooner than one hundred eighty (1S0)
calendar days from the data of the ~C1ty Manager's
notification to the City Commiseion that the previous
development agreement application was terminated for
failure to reach a mutually satisfactory agraament or
the City Commission has concluded consideration of the
davalopmant agreement, whichever is later.
26-17-7 At such time as the City Attorney has reduced the terms
of the proposed development agraament to written
contractual form, the City Manager shall transmit such
development agreement to the City Commiseion with his
written recommendation regarding adoption of the
development agreement. Tha Clty Commisalon shall than
conduct not less than two (2) public hearings on the
question of. entering into the said davalopmant
agreement. Said public hearing shall bs advertised in
a newspaper o! general circulation in Duval County, and
such notice shall be advertised approximately fifteen
(15) days before each public hearing. Notice of infant
to consider said development agraament shall also be
mailed to ell property owners abutting the subject land
or lying within 200 last of the subject land not lace
than fifteen (15) days prior to the first henrinq. Tha
npplicant for the davalopmant agreement shall furnish
an updated listing of the complete names and addresses
of the affected owners. The day, time and place at
which the second public hearing will be held shall ba
announced at the first public hearing. The said notice
shall specify the location of the land subject to the
development agreement, the devalopmsnt uses proposed on
the property, the proposed population densities and
building heights and shall specify where a copy of the
proposed agreement can be obtained.
-:.
15. Any deed restrictions existing or being Smposed
upon the lands for development.
16. A list of all federal, •tnt• and local permit
requirements.
17. Private or public parklands required or proposed
!or parkland impact fee purposes.
18. Any further information that the city Manger may
require becevea of the particular nature or location o!
the development.
24-17-5 Tha submission of a request for consideration of a
d evelopmant agreeasnt, the City Commission's
willingness to pursue discussions, the resultant
negotiations regarding a development agreement, the
payment of any application teas Lor the submission of
any applications, •ngineerinq plans, surveys and any
other expanditurea or of torts in prosecution o! the
development agreement provided for herein by a property
owner shall not vest any rights whatsoever in any
zoning or land use designation in such property owner
nor shall it in any manner whatsoever limit the City
Commission from undertaking any zoning or land use plan
amendments that it would ba otherwise legally entitled
to undertake.
24-17-6 The City Manager end hie staff shall review the
development proposal of the property owner and shall
meet and negotiate with the property owner regarding
the appropriate development of the property and the
terms and conditions on which said property should be
developed es the said City Manager shall deem to be
appropriate and necessary for the protection of the
public interest. At such time ae the property owner
and the City Manager has reached tentative agreement as
to the terms and conditions of a development agreement
or the City Manager deems that no lurther negotiations
would be useful because of the unlikely possibility of
reaching a concurrence on the terms and conditions of a
development agreement, the city Manager shall report
the status of such negotiations to the City Commission.
such tentative agreement shall not give rise to any
development rights or equitably or legally vest any
development rights in the property owner.
In the event that `he City Manager and the property
owner have negotiated the tarma of a mutually
acceptable development agreement, the essential terms
of that development agreement shall be presented in an
outline form to the ~Gity Commission. Ths City
Commission shall review the same and shall, if it
determines to proceed further with completion of the
>_
the land, including population densities and building
intensities end heights.
5. A description of all existing and proposed public
Lacilitiee thnt will serve tho land.
6. identification of zoning district modifications or
Land Use Plan district aasndmsnta that will ba required
if the propossfl development proposal vats to be
approved.
7. The zoning and present land use catsgol•ies o! all
abutting property. The complete names and addressee of
all property owners abutting or lying within 200 feat
of the subject property ae currently listed in the
Duval County records one (1) week prior to the
agreement application.
8. A certified property boundary survey prepared by a
registered Ploridn surveyor no more thnn twelve (12)
months prior to the property owner's written request
for the development agreement.
9. All environmentally aeneltiva lands, DER
jurisdictional wetlands and lends ^ubject to the
jurisdiction and regulations of the southwest Florida
Wataz rianagemant District shall ba shover. on a survey o!
the property.
10. All existing and proposed utilities end the manner
in which existing utilities will ba extended to the
site and/or expanded for the use o! the development,
including water, sewer, gas, electricity, CATV, end
other utilities.
11. A master drainaga plan for the davalopaent
indicating thereon the sxiatinq drainaga features and
land topography along with and euperiaposad thereon the
proposed drainage features indicating clearly the means
by which the final developed lnnd will collect,
regulate and conduct the drainaga runoff from the lands
developed and tributary thereto.
12. Tha location, type, size and height of fanainq,
earthberms, retaining well or screen planting to buffer
abutting properties or ae is otherwise required by City
raqulations.
13. A grading plnn and included therewith the
elevation requirements o! the National Flood Insurance
Program as applicable to the City.
16. A landscape plan and existing tree survey.
.1
Y.
property subject to the development agreement !n the
City, except ae is expressly provided by Chapter 163
F.S.
24-17-2 A property owner desiring to enter into a development
agreement with the City shall make a written request
for such development ngreement to the City fSanagar end
pay the !ae as is established by motion o! the City
Commission. Such written request shall identify the
lands which are desired to bs subject to the
development agreement and shall identity all legal and
equitable owners having any intereai in such property
and such ownership interests shall be certified by a
title company or an attorney-at-law licensed to
practice in the Stnta oL Florida. In the event that
any partnerships, corporations, joint ventures or other
•ntitias, other thnn individuals, own a legal or
equitable interest in such property, ell principals and
other parsons with interest in such partnerships,
corporations, joint ventures shall be revealed.
26-17-3 Upon receipt of such a request, the City Nanegar shall
place the matter on the agenda o1 the City Commission
and the City Commission shall, in its discretion,
determine whether or not it desires the City Manager to
pursue negotiations with the property owner relative to
thn entry into a development agreement. In the event
that the City Commission determines not to proceed with
further negotiations or dlscuealons regarding the
development agreement, the fee paid by the property
owner shall be refunded. In the event that the City
Commission instructs the City Manager to proceed with
further negotiations, the fee shall thereafter ba non-
refundable regardless of whether or not a development
agreement ie ultimately executed between the City and
the property owner.
24-17-4 Vpon the City Commission determining that it desires to
proceed with further nagotintions relative to a
development agrasmant, the property owner shell
promptly subject a development proposal for the ^ubject
property to include the following information:
1. Legal description of the lands to include
identification of lands or "out-parcels" to ba exempt
from the agrasmant.
2. The parsons, firma or corporations having s legal
or equitable interest in the land.
3. The desired duration of the development agreement,
but not exceeding three (3) years.
4. Tha development uses desired to be permitted on
ORDINANCB 90-89-l49
AN ORDYNANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 24 OF THE CODE OP ORDINANCES
TO CREATE ARTICLE XVZI SECTIONS 24-17-1
THROUGH 24-17-13; INCLUSIVE TO PROVIDE FOA
DEVE LOPNENT AGREEMENTS: PROVIDING FOR
APPLICATIONS AND SUBMITTAL REQUIREMENTS:
PROVIDING FOR REVIEW BY THE CITY MANAGER, AND
CITY COMMISSION; PROVIDING FOR FEES:
PROVIDING FOR NO VESTING OF DEVELOPMENT
RIGHTS: PROVIDING FOR RESUHMZTTAL
LIMITATIONS: PROVIDING FOR NOTICE AND PUHLIC
HEARINGS) PROVIDING FOR THE CONTRACT OF
DEVELOPMENT AGREEMENTSt PROVIDING FOR
APPLICATION OF SUBSE QLIENT ORDINANCES:
PROVIDING FOR REVIEW AND RECORDING AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OP THE CITY OF
ATLANTIC BEACH, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED:
Section 1. That Chapter 24 of the Code oP Ordinances o! the
City of Atlantic Beech is amended by the creation of Article XVZI
sections 24-17-1 through 2a-17 -13, inclusive, said Article to
read as lollows:
"ARTICLE XVII DEVELOPMENT AGREEMENT
26-17-1 Development Agreement Procedures Development
agreements shall be considered under the following
procedures:
Tha city Commission of the City of Atlantic Beach in
its cols and exclusive discretion, may enter into
development agreements with the legal and equitable
ovnere of reel property within the Clty limits of the
City o! Atlantic Beach as is provided in Chapter 163,
Florida Statutes and ae is further. set forth under the
terms of this Article. The entry into a developaent
agreement by the said City shall in no way whatsoever
limit or modify any legislative power by the said City
to adopt ordinances, resolutions, regulations or to
make executive administrative or legislative necisions
of any kind which it had the power to make prior to the
entry of such development agreements, except to the
degree that the development agreement, by its express
terms and not be implication, gives vested rights to
the said property owner as to certain development
permissions, required improvements and similar matters.
No development agreement shall, by its express terms or
by implication limit the right of the City Commission
to adopt ordinances, regulations or to adopt policies
that aze of general application or specific as to the
Approved as to Form and Content:
Alan C. Jensen,
City Attorney
1"
Approved ea to content and fore:
Claude L. !full s,
City Attorney
13
e-
C. This Agreement say ba executed in several
counterparts, each of which shall be deemed nn original and such
counterparts shall constitute one and the same instrument.
D. No agreement shall ba effective to ndd to, change,
modify, waive or discharge this Agreement, in whole or in part,
unless such agreement ie in writing and signed by the parties
thereto.
E. Whenever approvals of any nature are required by
either party to this Agreement, it is agreed that the soma shall
not be unreneonably withheld or delayed.
F. Any and all paragraphs or subparagraph titles used
in this Agreement are for convenience of reference only end are
not a part o! this Agreement.
G. TRis writing embodies the entire agreement and
understanding between the parties hereto and there is no other
ag reeaant or understanding, oral or written, with reference to
the subject matter hereof, thnt Ss not ma rged herein and
superseded Rereby. No alternation, change oz modification of the
terms of this Agreement shall ba valid unless made in writing by
the parties hereto.
IN WITNESS WHEREOF, the Pa rtias hereto have executed this
Agreement the day and year first above written:
WITNESSES: DEVELOPER:
BY
WITNESSES: UTILITY:
By
Title
12
Post Ottica Drawer 25
Atlentic Beech, Florida 32233
To UTILITY ATTORNEY; Claude L. Mullis
4250 Lakeside Drive, Suite 116
Jacksonville, Florida 32210
To DEVELOPER: Naval Continuing Cara Retirement
Foundntion, Inc.
d/b/a Fleet Landlnq
111 Riverside Avenue, suite 200
Jacksonville, Florida 32202
To DEVELOPER ATTORNEY: Mr. Bert Simon
1325 San Marco Hlvd.
Poet Olfice Box 10697
Jacksonville, FlOride 32247
XVI. 60VERNING LAN
This Agreement shall be governed by tRe laws of the State of
Florida, and it shall become affective Smmadiataly upon execution
by both parties thereto subject to any approvals which suet be
obtained from governmental authority, ii applicable, and subject
to all conditions precedent for the rendering of service as set
forth in this Agreement.
XVII. LEGAL ENFORCEMENT
In the event tRat either party to this Agreement is required
to enforce this Agreement by court proceedings or otherwise,
whether or not iormal legal action ie required, the prevailing
party shall be entitled to recover from the other perty all costa
incurred, including reasonable attorney's fees.
XVIII. TEAM OF AGREEMENT
This Agreement shall be Sn full force and effect so long ae
IITILITY has legal responsibility to provide water and sewer
service to Pleet Lending.
XIV. MrseNr.Tau_vOU3 PROVISIONS
A. whenever the singular is used in this Agreement and
vhen required by the context, the same shall include the plural,
and fife masculine, fesinina and neuter ganders shall each include
the others.
B. Exhibits mentioned heroin shall have been signed or
initialed by the duly authorized partners, olficare, agents or
attorneys of the parties hereto and ere hereby incorporated
herein by reference and made a part hereof as if fully sat forth
herein.
11
~>
XII. FUT+VIVAL OF COVENANTS
The rights, privileges, obligations and covennnts of the
DEVELOPER and the UTILITY hereunder constitute covenants running
with the land and shall survive the completion of the work
required by the respective pnrties. However, in the event
DEVELOPER has not paid and flalivered to UTILITY the noniee or
property to be paid or conveyed to UTILITY by DEVELOPER under the
terms of this Agreement, then thi^ Agreement shall not ba sold,
conveyed, assigned, traneferrsd or otherwise disposed of by
DEVELOPER without the written consent of UTILITY first having
bean obtained. However, UTILITY agrees not to unreasonably
withhold such consent.
XIII. FORCE M76:EURE
Zn the event this the performance of this Agreement by
either pnrty to this Agreement is prevented or interrupted in
consequence of any cause beyond the control o! either party,
including, but not limited to, act of God or public enemy, war,
national emergency, allocation o! or other govarnmantal
restrictions upon the use or availability o! lebor or materiels,
rationing, civil insurrection, riot, racial or civil rights
disorder or demonstrntion, strike, embargo, flood, tidal wave,
fire, explosion, bomb detonation, nuclear fallout, wind storms,
hurricane, earthquake, or other cnsualty or disaster or
catastrophe, failure or breakdown of pulping transmission or
other facilities, governmental authority or commission or board
or agency or agent or official or officer, the enactment of any
statute or ordinance or resolution or regulation or rule or
ruling order, order or decree of judgement, restraining order or
injunction by any court, said party will not be liable for such
nonperformance.
XIV. ATNOTN[' FFFFCT AND ACSIGNIIFNT OF AGREEMENT
The Agreement shall ba binding upon and shall inure to the
benefit of DEVELOPER, the UTILITY and their respective successors
and assigns, by merger, consolidation or otherwise, and mey ba
assigned by either party. Assignor will provide Lifteen (15)
days notice to the other party prior to actual assignment.
XV. E~
Vntil further written notice by either party to the other,
all notices provided for herein shall be in writing and
transmitted by certified mail, return receipt requested, and
shall be mailed as Lollows:
To UTILITY: Richard C. Fellows, City Manager
City of Atlantic Beach
716 Ocean Boulevard
10
At or prior to the time any residence or other building in
Fleet Landing is occupied by DEVELOPER, a water meter shall be
installed by the UTILITY and DEVEI.oPER shall pay the usage charge
as well as the base facility charge, as prescribed by the
UTILITY'S tariff.
X. EXCLUSIVE RIGHTS OF UTILITY
A. DEVELOPER, ae a further and essential consideration
of this Agreement, agrees that DEVELOPER, or its successors and
assigns, shall not (the words "shall not^ being used Sn the
mandatory definition) engage in the business of providing potable
water eery ice and/oR sanitary sever service to Fleet Landing
during the time that the UTILITY, its successors and assigns
provide potable water service and/or sanitary saver service to
Fleet Landing, in accordance with this Agreement; it being the
intention of the parties under the foregoing provisions, and
under other provisions of this Agreement, that UTILITY shall have
the sole and exclusive right to provide potabl• water and
domestic sewer service to Fleet Landing, except as provided
herein. Notwithstanding any provisions of this Agreement to the
contrary, DEVELOPER may, at its option, employ water, other than
that furnished by UTILITY, for irrigation systems, and for heat
exchange facilities, or any other use that dose not require
potable water.
XI. CUSTOMER INSTALLATION
Th• responsibility for instsllinq and connecting water and
seer lines to Fleet Lnndinq'• reaidnnces end other buildings is
that of the DEVELOPER. Nith reference to such connections, the
parties agree as follows:
1. All such connections suet be inspected by UTILITY
before backfillinq and covering of any pipes;
2. Notice to UTILITY requesting an Snspactlon of a
connection must ba given in vritinq by the plumber or DEVELOPER,
and the inspection will be nade with 72 hours, after receipt of
notification not including Saturdays, Sundays, or legal holidays;
3. It UTILITY fail^ to inspect the connection within 72
hours niter such inspection is requested by the DEVELOPER,
DEVELOPER any backf ill or cover the pipes without UTILITY'S
approval and UTILITY must accept the connection as to any matter
which could have been discovered by such inepactionet
4. The cost of constructing, operating, repairing or
maintaining these connections shall be that of DEVELOPER and all
such work shall be accomplished and paid for by DEVEIAPERt and
5. DEVELOPER will utilize water turnished by UTILITY
for all its potable domestic requirements and will utilize sewer
service furnished by UTILITY and will not construct any walla !or
these purposes or obtain water from any other source for these
purposes, excc~t ac sat forth herein.
t
B. Payment for Construction Water
DEVELOPER shall pay to UTILITY, within ten (10) days of
commencing construction of residences or other buildings on the
PROPERTY, an amount of money which 1s equal to UTILITY'S tariff
rate for one thousnnd (1,000) gallons of eater, time the number
of residences or other buildings to be constructed or installed
on the PROPERTY. The rats employed shall ba the rate than
currently approved which, at the time of this writing is $0.45
per one thousand gallons for Atlantic Heach eyetam and $0.65 per
thousand gallons for the Buccaneer eyetam. The applicable rate
will apply.
C. Construction eater to ba provided by UTILITY
pursuant to this Agreement is not "potable valet service" as
defined by this Agreement. Thus, UTILITY'S providing
construction eater to DEVELOPER is not notification by UTILITY
that potable eater plant capacity Ss available and does not
obligate DEVELOPER to pny the base facility charge !or eater or
sewer service as specified in Paragraph IX of this Agreement.
Tha obligation of DEVELOPER to pay rates other than for
construction velar era set forth in Paragraph IX of this
Agreement.
VIII. CONTRIBUTIONS-IN-AID-OF-CONCTRUCTION
Service Availability Charaee
A. Upon acceptenca of this Agreement by UTILITY and
commencement of construction of the On-site Systems, DEVELOPER
shall pay to the UTILITY the Service Availability Charges sat
forth Sn Exhibit "C" nttached he rato and made a part hereof.
UTILITY, its successors or assigns, may establish, amend or
revise, from time to time in the future, and enforce modified
charges, but such charges eo astablishod and enforced shall at
all times be subject to regulation, change or approval by the
City Commission of Atlantic Beach, Florida.
8. The entire On-sits 6ysteme shall ba constructed and
installed by DEVELOPER at its own costa, or by persona or
entities other than the UTILITY acting for DEVELOPER. All such
work shall be performed by a licensed contractor approved by
UTILITY.
C. Any substantial alterations or modifications in this
developaent plan will be discussed with the UTILITY and may alter
the amounts required to be paid by the DEVELOPER hereunder. The
UTILITY will have no obligation at any time to furnish water
plant or sewage treatment plant capacity in excess of that
required to serve as sat forth in Paragraph IV of this Agreement.
IX. $$~@
Upon accepting this Agreement, UTILITY commits to and
reserves for DEVELOPER the water and never treatment plant
capacities in the quantities as set forth herein.
serving public food preparation establishments, such as
restaurants, or laterals serving three or more dwelling units are
specifically included within the term "mains".)
(a) Chlorination disinfection of all water lines.
(5) Exfiltration, inPlltration taste of all sewer lines
required by governmental regulation at the time of such tests.
(6) Obtain required samples of water from all water
lines for water quality and safety testing.
(7) Obtain all required approvals by regulatory
authority for public use of all water and sewer lines. UTILITY
shall assist as requested by DEVELOPER.
(e) Turn over to UTILITY all written evidence of the
regulatory approvals required and obtained pursuant to this
provision.
(9) The costs of all taste and inspections incurred
pursuant to this Agreement shall ba paid by DEVELOPER.
6. DEVELOPER agrees to assign to UTILITY any and all
warranties, guarantees, and rights to enforce same which
DEVELOPER obtained from any person who provided materials and any
contractor constructing the off-site extension systems.
DEVELOPER, by terms of this Agreement, also agrees to indemnify
and hold harmless UTILITY for any loss, damage, cost, claims,
suits, debts, or damages by reason of latent defects in the Off-
site System, which were not discovered upon normal engineering
inspection, for a period of one (1) year from date of acceptance
by the UTILITY and said OPf-site System. DEVELOPER will retain
ownership of all on-site water facilities and all on-site sewer
facilities, and, ae a condition of this Agreement, will maintain
such on-site facilities to a standard acceptable for continued
occupancy of Fleet Landing.
7. DEVELOPER agrees to pay the epplicabla charges for a
single water meter and for a single water meter inatnllation in
accordance with standard provisions in the UTLLITY' tariff, at
time of service request or application for service. All meter
charges shall be paid in addition to any other fees specified in
this Agreement. Further, the water mater shall be of a size and
capacity determined by UTILITY. The preceding notwithstanding,
DEVELOPER may choose to install more than one (1) water mater, in
which case DEVELOPER shall be responsible for all applicable
charges and installation costs for all meters provided by
UTILITY.
VII. CONSTRUCTION WATER
A. Deliv rv of rvi es
Aa portions oP the on-site water system are inspected and
approvefl in accordance with the requirements of Paragraph VI.C.4
of this Agreement, such portions may be connected to the
UTILITY'S water system for purpose of providing construction
water to the DEVELOPER.
the following conditions and provisions shall govern ns
conditions precedent to the providing of service by the UTILITY:
'1. Prior to commencement of construction of any
facilities by DEVELOPER, DEVEI.oPER shall cause to be prepared
engineering plans and speciflcatione, prepared and sealed by a
professional engineer registered in the State of Florida, showing
the on-site water system and sewer system of sizes, dimensions
and configurations reasonably required to adequately serve Fleet
Landing and not less than the ainimum requirements of regulatory
agencies having authority over such systems; and
2. UTILITY shall cause its engineers to submit to the
DEVELOPER'S engineer epecif Scntlons governing the materials,
systems, and design parameters to be used and the method and
manner of installation. The plans and speclficetions shall be
eubaitted by DEVELOPER'S engineer to UTILITY'S engineer for
written approval prior to the commencement of construction. The
approval required by UTI LITY'6 engineer shall not be
unreasonably withheld or delayed, but no construction of said
facilities shall commence until UTILITY'S engineer has approved
such plans and specifications. Three (7) sets oP complete "as-
built" plane shall be submitted to UTILITY by the DEVELOPER upon
completion of construction;
3. UTILITY will ensure that all water distribution and
sewage collection facilities, save and except those on fleet
Landing property, have been covered by easements if not located
within platted or dedicated road rights-of-way in accordance with
Paragraph XI of this Agreement;
4. During construction of the on-site systems by
DEVELOPER, UTILITY shall have the right at reasonable times to
inspect such installation to determine compliance with the plans
and specifications. UTILITY shall control the quality of
installation and further shall be entitled to require DEVELOPER
to perform standard tests for pressure, exfiltration,
infiltration, line and grade and nil other normal engineering
testa to determine that the systems have been instnllad in
accordance with the plans and epecificationa and good engineering
practice;
5. Prior to acceptance and connection of the On-Site
Systems with the UTILITY'S eater and sever systems, fns UTILITY'S
engineer shall have inspected and accepted all construction work
performed by the DEVELOPER as being in accordance with the plans
and specifications approved by the UTILITY and good engineering
practice.
Such good engineering practice may include, but not be
limited to the following:
(1) Hydrostatic test of all water lines in accordance
with regulatory requirements in force at the time of the teat.
(2) flushing of all water and sewer lines to remove ell
foreign objects and materials.
(3) Television inspection of all gravity sewer mains.
(Laterals projecting from mains serving two residences or less
are specifically excluded from this requirement. Laterals
system and sewer system constructed by the DEVELOPER, or commence
rendering the potable voter or sanitary sewer service
contemplated hereunder, until all covenants by DEVELOPER required
by this Agreement have been performed or have occurred.
E. DEVEI.oPHR'S development of Float Landlnq may proceed
Sn stages whereby DEVELOPER constructs and/or installs portions
of the On-Site Systems end may, upon DEVELOPER'6 compliance with
the terms of this Agreement, have ouch stage or portion of the
On-Site System inter-connected to UTILITY'S OSL-Site System. Thn
provisions of this Paragraph IV. E. shall not relieve DEVELOPER
of payment of the rates and charges in the amounts and at the
times specified on Exhibit "C" or ns determined by Ordinances oP
the City.
V. ASSURANCE OF TITLE
within a period of 10 days prior to the commencement of work
by UTILITY on the oLL-sit• system, at the expense of the
DEVELOPER, DEVEIOPER agrees to deliver to UTILITY an opinion of
title from a qualified attorney nt law, with respect to Fleet
Landing, vhlch opinion shall include a current report on the
status oP the title, setting out the name of the legal title
holders, the outstanding mortgnges, taxes, liens and covenants,
end proof of option held by DEVELOPER and/or its Agent. The
provisions of this paragraph are for the purpose of evidencing
DEVELOPER'S legal right to enter into this Agreement.
VI. METHOD OF EXTENSION AND DELIVERY OF SERVICE
A. 4Sf-Site Construction
Tha reeponsibillty of design, construction and installation
of all on-site and off-site water facilities and all on-alto and
off-site sewer facilities shall be that oP DEVELOPER, at
DEVELOPER'S cost. DEVELOPER will cause to ba designed, and
UTILITY will cause to be constructed and installed the necessary
off-site water and sewage transmission facilities and systems
required to attend the water and sewer systems of the UTILITY to
the points o! interconnection a^ shown on EXHIBIT "8". Tha
DEVELOPER shall be responsible Lor the construction and payment
of all costs o! these said facilities. Such construction shall
ba completed by a date mutually agreeable to both DEVELOPER and
UTILITY. The DEVELOPER shall be responsible for the payment of
all costs associated with design and construction cf said
Lacilities. DEVELOPER will modify the design and cause to be
constructed the facility known as the Fairway Villas pump station
so as to provide the necessary capacity !or treatment of sewage
in accordance with governmental regulatory egancy requirements.
The design and construction of said pump station shall include
all the 7? thereon from the point of interconnection to the
Atlantic Beach treatment plant.
B. Condition Precedent
with respect to the construction of such on-site facilities,
this Agreement. This Agreement and any document required to be
delivered hereunder will constitute the valid and binding
obligation of UTILITY in accordance with Sts terms;
c. Tha making of this Agreement will not violate the
provisions of any statutory law, federal or state, or the By-Laws
of UTILITY, or result in the breach of or constitute an event of
default under the terms of any contractual agreement to which the
UTILITY is party or by which UTILITY is otherwise bound;
D. There are no ectione, suite or proceedings pending
or threatened against VTZLITY which, if adversely resolved would
affect the enforceability of this Agreement in accordance with
its terms; and
E. UTILITY will comply with any applicable rules and
requlatlone o! governmental authority having jurisdiction over
its operations and this Agreement, any such applicable rules,
regulations and authority, as now constituted being incorporated
Into this Agreement and made a part hereof by reference.
F. UTILITY will obtain all necessary permits, licenses
and governmental approvals Headed to enable it to carry out the
performances of the UTILITY under this Agreement.
IV. OBLIGATION OF THE UTILITY
A. UTILITY shall provide and maintain for use of
DEVELOPER water plant capacity of 120,000 gallons per day and
sewage treatment plant capacity of 90,000 gallone per day at the
Pointe of Interconnection. Such water plant capacity is
available now, with sower plant and ofi-site collection system
capacity to be made available by DEVELOPER not later than 12
months from date of execution of this Agreement, and are planned
to be interconnected with the on-site water system and sever
system in accordance with the terms of this Agreement. DEVELOPER
will construct or deliver to Fleet Landing and make ready for use
and occupancy, residential connections of 120,000 gallone of
water demand per day and 90,000 gallone of sewer demand per day.
B. The representations by the UTILITY are based upon
the proposal submitted to UTILITY by DEVELOPER Por the
development of Fleet Landing in which there shall be required no
more than 120,000 gallons of water plant capacity per day, and no
more than 90,000 gallons of sewer plant capacity per day. in the
event that the DEVELOPER'S plans are substantially ehenged,
DEVELOPER shall notify UTILITY in writing of such modified plans;
then in that event, UTILITY may require DEVELOPER to increase the
amount of money to ba paid for the additional plant capacities
end/or for the additional fire protection (such increase to be
based upon the equivalent residential units of the additional
service required, caused by such change by DEVELOPER).
C. Hy execution of this Agreement UTILITY warrants that
any temporary lack of sewer plant capacity will not be grounds
for denying DEVELOPER or its agent any license, approval, or
permit necessary to commence construction on Fleet Landing.
D. UTILITY shall not be required to connect the water
this Agreement. This Agreement and any document required to be
delivered hereunder will constitute the valid and binding
obligation of UTILITY in accordance with its termsi
c. The mekinq of this Agreement will not violate the
provisions of any atntutory law, federal or state, or the By-Laws
of UTILITY, or result in the breach of or constitute an event of
default under the terms of any contractual agreement to which the
UTILITY Sa party or by which UTILITY is otherwise bound;
D. There are no actions, eu its or proceedings pending
or threatened against UTILITY which, if adversely resolved would
affect the enforceability of this Agreement in accordance with
its terms; and
E. UTILITY will comply with any applicable rvles and
regulations of governmental authority having jurisdiction over
its operations and this Agreement, any such applicable rules,
regulations and authority, ae now constituted being incorporated
into this Agreement and made a part hereof by reference.
F. UTILITY will obtain all necessary permits, licenses
and governmental approvals needed to enable it to carry out the
performances of the UTILITY under this Agreement.
IV. OBLIGATION OP THE UTILITY
A. UTILITY shall provide and maintain for use of
DEVELOPER water plant capacity of 120,000 gallona per day and
sewage treatment plant capacity of 90,000 gallona par day at the
Pointe of Interconnection. Such water plant capacity is
available now, with sever plant and off-site collection system
capacity to be made available by DEVELOPER not later than 12
months from date of execution of this Agreement, and are planned
to be interconnected with the on-site water system and sewer
system in accordance with the terms of this Agreement. DEVELOPER
will construct or deliver to Fleet Landing and make ready for use
and occupancy, residential connections of 120,000 gallona of
eater demand per day and 90,000 gallons oL sever demand per day.
B. The representations by the UTILITY are based upon
the proposal submitted to UTILITY by DEVELOPER for the
development of Fleet Landing in which there shall be required no
more than 120,000 gallona of water plant capacity per day, and no
more than 90,000 gallona of saver plant capacity per day. In the
event that the DEVELOPER'S plans are substantially changed,
DEVELOPER shall notify UTILITY 1n vrltinq of each modified plane;
then in that event, UTILITY may require DEVELOPER to increase the
amount o! money to be paid for the additional plant capacities
and/or for the additional fire protection (such increase to be
based upon the equivalent residential unite of the additional
service required, ceased by such change by DEVELOPER).
C. By execution of this Agreement VTI LITY warrants that
any temporary lack of sever plant capacity vi21 not ba grounds
for denying DEVELOPER or its agent any license, approval, or
permit necessary to commence construction on Fleet Landing.
D. UTILITY shall not be required to connect the eater
to the sewage collection system on the Fleet Landing site.
G. SERVICE: Heans the readiness and ability on the part
of the UTILITY to furnish potable water service and ennitary
sever service to the development, subject to the terms of this
Agreement.
H. POINT OF DELIVERY: Tha point where the pipes or
meters of the UTLLITY are connected with the pipes of DEVELOPER.
Unless otherwise indicnted, thn Point of Delivery shall be at the
Property boundary line.
I. POINTS OF INTERCONNECTION: The location or locations
at which the O!f-site systems era connected to the On-site
Systems as shown on Exhibit "H".
II. REPRESENTATIONS AND WA~*+a~+TTES OF DEVELOPER
DEVELOPER warrants and represents,~which warranties and
representations shall specifically survive the making of this
Agreement:
A. DEVELOPER is a not-for-profit corporation under the
provisions of IRS Coda 501 (c)(3), duly organized and in good
standing under the laws of the State of Flcrida, and has the
power and authority to carry on its business es now conducted:
E. DEVELOPER has the power and authority to enter into
and perform this Agreement. This Agreement and any document
required to be delivered hereunder will constitute the valid and
binding obligation of DEVELOPER Sn accordance with its terms;
C. The making of this Agreement will not violate any
provision of any law, federal or state, or the corporate
documents of the DEVELOPER, or result in the breach of or
constitute an event of default under the terns of any contractual
agreement to which DEVELOPER is party or by which DEVELOPER is
otherwise bound;
D. There are no actions, suite or proceedings pending
or threatened against DEVELOPER which, if adversely resolved,
would alLact the enforceability of this Agreement in accordance
with its tarns; and
E. No approval, authorization, or consent of any
connection with the execution, delivery or performance by
DEVELOPER under this Agreement.
III. REPRESENTATIONS AND WAT+naNTIES OF UTILITY
The UTILITY warrants and represents which warranties and
representations shall specifically survive the making of this
Agreement:
A. UTILITY Ss a Florida municipality duly organized and
Sn good standing under the lave of the State of Florida and has
the corporate power and authority to carry on its business as now
conducted;
B. UTILITY has the authority to enter into and perform
and apply unless the context requires a different meaning:
A. FLEET LANDING: Tha land described in Exhibit "A"
and any supplements to Exhibit "A" in the future ae may be agreed
upon by the parties, initialed and dated. Fleet Landing includes
a residential retirement community of approximntely 324 living
units; a maximum o! 26 assisted living beds, a maximum oL 42
skilled nursing bade, both located in the Health Canter; and
ancillary public spaces in a centrally-located Community Services
and Wellness Center to be constructed thereon by DEVELOPER.
1. Living Unite: Apartments, single-family, duplex,
4-plex, and 6-plex homes deslgnad for occupancy by
senior citizens capable oP independent living. These
range in size from 600 SF to over 2000 SF.
2. Assisted Living Bed: A smell apartment, located
in the Heath Center, approximately 225 SF in size,
occupied by a senior citizen who needs some assistance
in the activities oP daily livlnq.
3. skilled Nursing Bed: A semi-private or private
nureinq bed located in the Health Center, occupied by a
senior citizen who requires full nureinq care. The
space allocated is approximntely 120 SF.
4. Health Canter: A 2-story centrally-located
building that will contain all assisted living and
skilled nursing beds.
5. Ancillnry Public Spaeas: Those areas such as a
maintenance building, tennis court, and gazebos to be
used by residents. Some of these spaces may require
limited water and sewer capecity.
6. Community Services and Wellness Center: Tha Fleet
Landing central building that will contain indoor
activities rooms, dining facilities, administrative
offices, and other indoor support areas.
B. DEVELOPER: Refers to Nnval Continu ing Care
Retirement Foundation, Inc. or any successor in interest to Fleet
Landing, the term "DEVELOPER" dose not include any owner of a
portion of Fleet Landing other than the DEVELOPER.
C. CUSTOMER: Sinc• all occupants of Fleet Landing
receive utilities ae part o! thw monthly Lea paid to Developer,
plane call for single, or seater, metering for Plae[ landing.
Thus the Developer is the only Customer, and herein the terms are
used interchangeably.
D. CUSTOMER INSTALLATION: All water and/or sewer
facilities on DEVELOPER'S side o£ the point of delivery.
E. OFF-SITE: Those main water transmission mains and/or
sewage collection mains and/or sewage pumping station and force
mains necessary to connect Fleet Landing with the facilities of
UTILITY, not installed on the Fleet Landing site.
F. ON-SITE: Includes all Component parts of the water
distribution system, including Valves, hydrants, fittings,
laterals, and all appurtenances to the water distribution system
on Fleet Landing and all components of the sewage collection
system including manholes, mains, laterals, and ell appurtenances
DEVELOPER AGREEMENT
THIS AGREEMENT, mad• this _______________day Of
1989, by and between THE CITY OF ATLANTIC
BEACH, a man c pal corporation, having its principal oflices at
716 Ocean Boulevard, Atlantic Haack, Florida, 32233 (hereinafter
called UTILITY), and NAVAL CONTINUING CAR8 RETIREMENT FOUNDATION,
INC., a not-for-profit corporation, Raving its principal offices
at 111 Riverside Avenue, Suite 200, Jacksonville, Florida 32202
(heralnatter called DEVELOPER);
WITNESSETH
WHEREAS, DEVELOPER possesses valid and binding options on
property located 1n Duval County and described Sn EXHIBIT "A"
attached hereto and made a part hereof ar.. if fully described in
this paragraph (hereinafter referred -to'ns Fleet Landing) and
plans to construct a rasidentisl retirement community to be known
as Fleet Lending on said property under the provisions of a PUD
authorized by the Atlantic Heach City Commission. Said
retirement community Se planned to include approximately 324
living units, a maximum of 26 assisted living beds, a maximum of
62 skilled Wareing beds, and ancillary public spaces Sn n
centrally-located Community Services end Wellness Cantez.
(Residents of Fleet Landlny will pay an entrance Lee and an on-
going monthly tee in return !or a 11letime lease, but will not
have title to any property vithin Fleet Landing), end
WHEREAS, in order to properly develop Fleet Landing it is
necessary that adequate water and sever facilities be provided
and made available to Fleet Landing and each living unit, health
care bed, and public building thereon; and
WHEREAS, the UTILITY owns and operates a central water and
sewer system in Atlantic Bench, Duval County, and provides water
supply services and sewage treatment and disposal services to the
public in said City and Countyr and
WHEREAS, DEVELOPER, not being desirous of providing an
isolated water ^yetem or sewer systan Lor Fleet Landing, Ss
desirous of promoting the extension and expansion by the UTILITY
of its central eater and Bawer system so that there will be
available to Fleet Landing and the structures constructed
thereon, from time to time, aflequate eater service and sewage
disposal from said central eater and saver system; and
WHEREAS, the UTILITY is willing to provide to the DEVELOPER
and to Fleet landing adequate potable voter supply and domestic
sever services, subject to all the terms and conditions oP this
Agreement.
HOW, THEREFORE, for and in consideration of the premises,
the mutual undertakings and agreements herein contained and
assumed, sufficiency of which being hereby acknowledged,
DEVELOPER and UTILITY hereby covenant and agree as follows:
I. The lollovinq definitions and reierencas are given for
the purpose of interpreting the terms ae used in the Agreement
EXERPT OF THE MINUTES OF THE (:OMKU-CLY-abVELOPNENT-$/~]L---- --~- -
OF THE CITY OF ATLANTIC BEACN, FLORDIA
FEBRUARY 2:1, 1989 '
rrwovr !t. TM bowrd wrbrr^ ruppwtrd porsibly rttrchinp thr
. fro rhrdr to crertr onr rtructurr.
Therr briep no turthrr dirourrion Kr. Drrr rotionrd to punt thr
vrrirnor providrd CM fro Dulldinpr M aorbinrd into onr
rtructurr. Ks. KrcDonrll rrcondrd thr notion rhieh cwrried
unrnlwourly.
F. APPLICATIOB PDR REAR YARD YARIANCE~ 11B FOURTH STREET, LOT 6,
BLOCK 23, ATLANTIC BEACN~ RANDALL C. BERG.
Mr. 4rp rw not prrwnt to dlrouw tM rppllcrtlon. TArsrZorr.
Krr. Orrpp rotlonrd to drfrr notion on thr rpplicrtion until Mr.
Brrp could M prrwnt. Krr. Burrell waondrd thr rotlon. Thr
rotlon to drfrr notion arrrird unrnirourly. ..
6. APPLICATION FOR USE BY EXCEPTION/ 33 r. BTH STREET, LOT 7,
BLOCK 3B, SECTIOK N~ 1OHN BECKER.
Kr. Broker rw not prrwnt to dirouw tM rppliawtion. Kr. Alrn
VAwlrr, ornrr of thr praprrty, rtrtrd thrt Br. Brokrr buildr rnd
wilr •rrp-lr-orrry thrt thry rrr wwlly sold rt ruotion for
rtrrtlnp prior et r2O, OOO. Nr rddrd thrt rll cork it prrSOrrad
Snridr thr building.
. Srvrrrl bond wwberr frlt thrt Kr. Brckrr rhould M prrwnt to
exDlrin h1^ rppliortion. K». Rupp rotionrd to drfrr !hr
rppllartlon. Kt. MrcDonrll rreondrd thr rotlon rhieh errrird
unrnirouriy.
MISCELLANEOUS BUSINESS
A. PROPOSED ORDIBANCE EXTABLZSNINO PROCEDURBS FOR DEVELOPMENT
AGREEMENTS
Thr bond rrkrd thr City Mrnprr'^ opinion of thr propowd
ordlnrnw. Br. Frllors rrplird thrt hr trlt thr rrw thing could
M roaorplirMd rithin thr fsrwrork o! thr Plrnnrd Unit
Drvrlopwnt. Ms. MraOonrll rprrrd, rddinp thrt Dr lrlt thr
propowd ordinrnu rrr •unrorkrDlr•. Thr othri wrbrrr rrrr in
rprwwnL rnd wMd thrt tM Cwrunily Drwlopwnt Dirrotor drw
up rn ordinrncr rwndinp thr PUD to psovldr for Contrrct ourlity
Devriopwntr.
Thrsr rrr ~no furtMr Dwinws to corn brlo» thr bond.
Thrrrtorr, Chrirwrn McCw11r drelrrrd for rrrtinO rd~ousnrd rt
821 p. r.
~~~~eCrulir, CMlrwn
CITY OF
~tlstKtie t~aeat/ - ~lasida
9160CEAN BOULEVARD
P. O. BOX 26
ATLANTIC BEACN. FWBIDA 9Y!]9
TELEPHONE d1x12~41966
Novesber 9, 1989
Meaorsndua
Tos Kia D. Leinbach, City Manager
Fross Rene' Angers, Coaaunity Develop t di or
Subjects Contract/guaiity Developwni
Ordinance No. 90-89-119
I understand the City Cowiwlon, at their waling on Novwbes 7,
1989, instructed the City Attorney to prepare an ordinance to
provide for the COD projects. I spoke rith Alan Jensen yesterday
and Aa suggested that re subait the attscMd ordinsnu to the
Cowiwion for first reading on Novesbar 13, 1989.
This ordinsnu ras originally referred by tM City Cowission to
the Coaaunity Davalopwnt Board on Sanuary 23, 1989. The Board
reviewd the ordinance and reroawndad toot it not pus. They
felt it rw un-rorkable and that the uw thing could be
sceoaplished rithin the trawrork of the Planned Unit
Dawlopwnt. tSw exarpt of the sinutes of the CDB waling of
Fab. 21, 1989). The Cosission took no action on the ordinance.
An ordinsnu swnding the PUD ordinsnu to provide icr Contract
Osasllty Developwnt• failed to pws at a later data.
J /7
i~
s2-Ss
A FZESOIAIPICN OF THE CI'PY OF ATIANi'IC BEAM URGZNU THE PRESIDFNf AtID U. S.
OQiGlZF55 10 RDCOQIIZE AFID AFFIF!! THE IISIQII~C£ !SID ]?OI'~R OF THE TFN1H
AMFFSIII~EQ~I7f Wt[ICH 47NF7d1S AbID BALANCES Tfffi I&SPELRRVE FVVa;eS OF TtiE STATES
AND TF;E £E09;RAL GUVEAN'iE1'11'•
Ml~S, the Tenth Amendment, part of the origi:ul Bill of Bighu,
reads as follows, "The powers not delegated to the United States by the
Constitution, nor prohibited bf it to the states, are reserved to the
states respectively, or to the people"7 acd
fi)~4, the limits on Congress' authority to ren:late state and
],oral activities prescribed by the Tenth A,mnfient have recently beer the
subject of debate by the Supreme Court in the cases of Garcia v. San
Antonio Metropolitan Transit Authority, 469 U. S. 528119651, a`d South
Carolina v. Baker, 56 U. S.L. W. 4311 (U.S. April 20, 1988) (NO. 94,
Original.): a[d
f~\S, these cases hold that the limits of the '1>?nth Nmndnent are
structural, a:d not substantive, leaving states a:d local cpvernrents to
fi:d protection from oongressio~l regulation through the natio~l
political process, rather than through constitutionally defined spheres of
residual state authority: and
i~S, these U.S. Supreme Court decisions i:rvite further federal
premption of state a:d local authority; and
1®15, federal, ~^;^; =trative aid judicial interference has
ooc~ured in matters related to personnel, intergovernmental tax imnu:ity,
tax~x®Qtinn of mmicipal horde, social welfare, transportation and
hailth; a:d
1~-S, states std mmicipslities across the nation have adopted
seaolutions reaffirming their support for the full constitutional force of
the Tenth Amer~ent; and
115, the Natiaial (bverror's Asaociatice, the Southern Municipal
Cbnferes~ce, the National Conference of State legislature, arc] the Council
of State GowsTaoente hays supported the need to retain the balance a:d
eepazaticn of power under the ~nstitvtion; a:d
1~~15, the Council of State Governments' Intergover:mental Partner-
ship Task Ponce has recasmlded consideration of specific constitutional
ameri3sa:ts m the Tenth Am3da~t and Article V.
NCN, 'f~8R18, ~ 1T I~~ BY 7>?8 CI1Y ~ AII11NfIC BPAQI:
S'H'lIOB 1. ']hat the City of Atlantic Beach does endorse proposals for
a White Bougie omference a:d mngressio~l heazing on federalism arc] does
hereby ogres to acd approves the proposal to amid the Tenth Ivtwm3mnt aId
Article V of the U.S. f]aistitution to allow the states to initiate federal
~tit„t;,~."i amendoenta try a vote of three fourths of the state
legislatures.
8S1Ta1 2. 17at the City of Atlantic Beach further urges that each
city in Florida censidsr a:d talcs action to strengthen the position of the
states in the federal union by adopting eimilaz resolutions in support of
these issues.
Williams I. (,Ulliford, Jr.
Mayor
Maureen ICiuxJ, City Clerk
No. 89x54
A N1.SOI1/flCti ~' THE CITY OF ATLANITC BE7K}i, URGING F1L)EIDA CITI7.FN5 Tq
SUPPDXf THE ODNSCIIVI'IONAL AIQT~If t3 CN THE NWII~IDER 1990 B.AIdOT
LII4TING RiEt@IDFD STATE MANDATE CN CITIES AND CLYJNl'IFS.
i~-g, since 1981, the Florida legislature has placed 288
unfunded msMates upon cities and cotmties in Florida with over 86
percent having an urdetarm,.,.~ fiscal i~xict on cities and counties; and
W~-4, "unfunded mandates" are governnental actions required of
cities and camties by state ]aw without adequate funding resourxxs, and
Fffi~115, cities and cotmties are continuously forced to adjust
local aervioe priorities, and raise local taxes and user fees to pay for
such ~+nfi+~~ state mandated programs; and
f~LS, the Florida (bnstitution preetQts all taxing sources to
state (except ad valoras propezty taxes) it becrnes irresponsible for
state govemrent to zequire and mandate programs to other govemmnts
without sharing the fiscal responsibility and political cortse<prnoes of
their ar'irn=, and
f~-g, there can 6e ro certainty and predictability in the growth
P1~r~4 Process if the state can continue to mandate new a;d expensive
programs without regard to adequate funding; and
W8E'!®-S, the priorities and programs of local citizens of cities
and counties have often been curtailed when limited local fords have to
be diverted to pay for a state marclated pzngrms; and
W8H®18, the state constitution "preenpts" all taxing paers to the
state (other than local property taxes) and the state has been ursvilling
to allow sufficient local discretionary taxing pons directly to
municipalities and have refused to adjust unfair and antiquated formula
allocations of revenue-sharing programs; and
t~1S, unflsded mandates are rot fair to the local Property owrer
or the locally elected official wln is trying to address local
priorities and probl®s with a limited amt of financial resources;
and
iffia0-4, during the 1988 Legislative Sessi.wr nearly 100 members of
the legislature oosigrxad or supported a prr>Eased constitutional
amerdornt to limit the Legislature's ability to mandate programs and
costs to city and minty governments; and
f~-S, duri~ the 1988 legislative Session a proposed axen3nent
to the constitution was passed to give Florida citizens an opportunity
to vote in 1990 on a proposal that mould limit unfunded state
legislative mandates on cities and camties.
~i, ffi~, H6 IT 1~AJ3D HY 'f~ Q1Y OF MSdRliC BEA[H:
That the Mayor and City Commission of the City of Atlantic Beach
call upon all citizens of the state to become aware of the serinusress
of unfunded mandates and to he prepared to support the amendsrnt to the
Florida state constitution on the matter that will appear on the ballot
in the Nwesber 1990 e]ectien.
William I. GUlliford, Jr., Mayor
Maurean King, City Clerk
M1NOgs oe TAe -H.R'iNG of T86 NBiI C71Y OQMSSIQ7 ~ Aantrrlc BFACB
EffiD Xr CITY BAiS, .'1<i NDV@~t 7, 1989
PRESIITT: Willson I. Gulliford, Mayor
Ftrbert B. Cook, Sr.
Glenn A. chw.+9<
Adelaide R. Tucker, Crnmissirxrrs
AND: Kim D. Ieinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk --
ME OF
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oamdasicrers, Willimn I. (Llliford, Glenn A. Edwards and Adelaide
Tucker, respectively. -~-
2. Tile meeting was called to order by Mayor GUlliford.
The crnmissien reoocFrized lprry Noltz, 128 Pine Street, who irquired
whether surveys on lifeguard hours had included airy infoasation on
the powers of mroestration and alertrress after eight-hour shifts.
Chief ThollQsaar said mxentration on the job load hoes a concern even
when the shifts were shorter but he felt this was due to younger,
less qualified lifeguards rather than the length of the shift. The
eight-hour shifts had worked well in other areas acd he expected the
quality of lifeguards who would be attracted by a better rate of pay
and higher level of training mould provide better service to the
city.
Ou~saiorrr O~ok avx¢atulated the newly elected officials and said '.
he ]inked forward to working with t1~n.
lyyor n,i i; F,,..i reported on meetings with the beaches mayors. and
the mayors of Baldwln and Jacksorn+ille. lle said litter on the north
side of Atlantic Boulevard outside the city limits had beers
discussed and litter patrols should row be working on that area.
Dm Fbrd said he expected the litter patrols world be doing weekly
clean-ups in Atlantic Beach and shouirl begin in abort three weeks.
The mayor also reported Yard of the Month had been awarded W Mr. 6
Mrs. Beatty, 306 TRelfth Street, and Dr. i Mrs. Williams, 314
T1.elfth Street. Jody Ford, ^"i*^wn of the Beautification Committee
said the master beautification plan had reached a point where it
needed to reviewed by the Corrmission and furling addressed.
'ap (YtY C1PSk Fia,4 asked t0 prepare Ae501ut1W1S relative tD mfinrivi
state mandates ani the pmvisicns of the Tenth Mierchrnt to he
brought before the oamissi.ar at its next meeting.
There being ro further tusiness to m~e before the oamussion, the
mayor declared the meeting adjourned at 9:45 PM.
William I. (#rlliford
ATTesT: Mayor/Presiding Officer
Maureen F?nr. CStr Clerk
PPC£ FIVE
!@]VIFS
NrSJF2~FR 7, 1989
made. ile said an all-out effort involving the three beach city
councils and ca~mission, Councilman Jarboe, J.T.A.
representative (sl, liep. Arnall, Sen. Bankhead, Nead of D.O.T,
and Secretary of Navy had tentatively been sd~led for
January a`d he asked the Cmmissionere to plan to attend this
meeting and in the nrantime to publicize it as ouch as
possible.
llycr n,+iif a } g~ mritbers for drafting the enployncnt
wntract for the City Attorrey.
The mayor also referred to o®rents made at the previous
meeting by some manbers of the a++~+an^P. He said while he
wshad to afford the citizens the opportrmity to make comments
from the floor, in the future he would not pemdt those ra~rks
to be reduced to a personal attack which lacks objectivity.
The mayor said the (Tarter did not provide a procedure for the
appointment of a cmmissioner and suggested that those persons
wfio may have wntacted casnissionezs and acpressed an interest
in filling the vacancy should be considered slag with those
who have submitted letters of interest. Be said the chair
world enr>rras,+ notions to name a parti ~s person to fill the
vacatty. This would then be open for discussion and would be
voted ton.
There being no further business ro o®e before the n++~+; 4ion, the
mayor declared the meeting adjourned at 9:30 PM.
Willian I. GUlliford
Mayor/Presiding Officer
ATTEST:
Maurarn King, City Clerk
NAIL OF
Cpl.
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PAGE FOUR
MIFRliFS
IY7JII+~ER 7, 1989
to Adninistrative Assistant. He reeomme~ded a (fade 110, Step B for
the auxent a~ployee in that position.
fle said he also plans to add an additional oomamicatians offioer
aId two additional Patrol Officers aid discvsse3 ctancles to the
curmnt shift schedules. A proposed na+ position mould be that of
Nlalan Services Officer. This officer would be responsible for
supervising animal control, lifeguards, school crossing 9~~. aId
the reserve and atnciliary officers.
The City Canoission generally eidorsed the Chief's proposal and
aclonwledged the authority cf the City Manager to iaQlerent the
dianges at his discretion. _-
5 City Manager rePOrts arcVor
Sn ooru~ection with the recent problem with water quality in the
Rv~.al Pa31116 areas the City Manager iI1V1tP~ rile ~6i86l.OneT9 t0
refer any questions in that regard W Tim Rbwnserd, Don Ford or
the engineer on the imQrovement project, Andy MdY. all of wham
were in the audiencx. Tim lbxat9end assured the ~issiorers
m problm existed with the quality of water in other areas of
' the city and he expected the requira~ent of boiling the water
~ to be lifted the folla+inl day. Coirmissioner Edwards said
Cmmissiorers should 6e informed of problems of this type ae
early an possible so they mould be in a positi.ai to answer
questions Exam citizens.
TM City Manager said he had received several phone calls fmn
Mlr. Ash, deveiopez of the Tiffatry by the Sea project, a~ while
- the Florida Statutes provide for Quality Developments, before
proceeding with aurli developments he felt the city should
approve a~abling legislation and asked the wishes of the
Clnmissim. 1t~e City Manager was instructed to get with the
City Attorrey a~ draft an owli.u,w to bring before the
Commission for oonsideratien aid CYarmiseioner Tucker said she
- hoped the proposed orduw~ce would rot be to ameld the PUD
ordir~anoe.
1Te City Manager asked the Cormiissim to consider sc3ed<rling
some goal setting sessims. This was generally agreed to by
the Casaisaion a~i will be plarmxri~ for early in the nea year.
In wnnection with the proposed eonsolidati.on of the Atlantic
Heath and Buccaneer sewer systems, the City Manager stiggested
' the city consider hiring a finial advisor tc review the
- city's current indebtedness aid make zeoasn~dationa regarding
- fir~alsirg for the proposed ca~solidatim and other major
projects.
O>,is~aia~ Onlc meted on the activities of the h~onderwood
Expressway Camiittee and reported little progress had been
V V
NALtE OF
COMMITS. N S Y N
PA[~ TFO~
M7NU1F5
"AT/E?IDEIt 7, 1989
recontmsdation the city proceed with sections "C", "D", "E", and
"F", which mould ornplete the repairs to the original sewer syst®.
The City Manager pointed out money had been budgeted for this
project std it was his remmetdaticn the city procced with the
project.
Ibtion: a++~ti+~+>p p~mwttim of the proposal fior ~gineerLy
services m sm.t•.+n "C", "D", "E" std "P' std Ella
city's aerage Wtt,.v.';,., gyg~
No discussion before the mote. The motion carried u»anitmusly.
D. Aaglaet frm Sbe (;<eatni ~..o:tla Araz 090 Oancil, It~c-•
for (500.00 donatlrn m enable tbm to carry on progras in
support of the area's dlitary fa..;t+.~
The City Manager pointed out this matter had been provided for in
previous action of the City Nm+ission std required ro further
action std the item was withdrawn.
B. Dtsc~ssim relative m adding the "Ibllcy on Dcvy-Pree
Norl+place" atatetett hl ots Ailee std Itegnlat;~ 9andmook far
city enplcyeea
The City Manager said he felt the city's policies and procedures
reeled to he updatr3 to include a policy to enhance adrug-frce work
place. }le said this was raquirnd by the federal govertnetrt 1n
oavrsticn with qualification for grant monies. The policy has peen
reviewed by John Didcv;sott aid meets legal nwn+; *,+„~,+ts and it was
the City Manager's rewmerdation the City Wmission approve the
policy.
MotiQt: applwe additioe of "policy on Avg-Pkee Wd;plaoe•
m the City's I~ceoolel larlea and liagnlatime
No discussion before the mote. The taoticn cazried ++vr;+~++=ly.
P. Preaetttatim relative m 1989/90 sanpower (palioe m;af
~)
sct~edulesThorr~ outlined proposed plans for dtanges in persotmel
responsibilities which he hopes to irrQleroent in
1989/90.
tie remmended restruchn-ittg the lifeguard o~;»tion. lttis would
include reducing the nuaber of lifeguards and establishing eight-
hour shifts as opposed to the shorter shifts curxrntly worked. Fte
world require a higher level of qualifications std the pay rate for
lifeguards would also be higher.
Ne outlined the duties std responsibilities of the Records
Specialist/Secretary std said he wished to reclassify this positio:~
NA4~ OF
COM6QIS.
M
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H3arys x -
11x~ x x
q t~ llfrtrl x
Qoolc z
s3iards z x
11rJas z x
q,t t; Rr.A x
PA(£ TWD
NINNIES
OCfOBPIi 7, 1989
~ Mayor Gl:lliford presented in full a proclamation declaring Novenber
' 12-18, 1989 as American Education Fkek acd urging all citizens to
sake a crnmiUn=nt to public education by visiting a:d donating their
time and talents to help improve the public schools. Be also shared
lettrss he had received fnan Atlantic Beach Elemntary School
students in response to his visit with their class during the "Say
. No to Drugs" ca~ign.
4. 19ey BusirnBa-
A. Disamaim regarding dissohrtim of the Jadumville Headfes
C7-1V Board
The l4~yor asked what action the Camussion wished m take regarding
the Jacksorrville Beaches CA1V Board. He pointed out the hard was
no longer functiaial and City Manager Hobert Norris of Neptune Heach
had written remme:ding the toard he dissolved.
Notion: Dissolve ®6ership of Ari,..,ri,. Baarb is (91V hoard
and disperse fads equally aaQg the m~er does
No discussion before the wte. The motion carried ,+~~~;,,.+,=ly.
B. Approval of draft contract agreesent f+or (Yty Attoiaey
A draft of a letter agreasent between the City and the City Attorrey
had been fozwarded to each of the Caunissiorers for their review.
It was suggested the mmierr;anent date should be Nove~er 1, 1989
with the ox;tract to run through September 30, 1990, and consistent
with the fiscal year thereafter. It was agreed the retainer would
he due and payable monthly by the tenth day of each month. Mr.
Jensen suggested changing the language rexgaxdrnrg the issua:¢x of
bads and s ~~a tM follazng: "FU~ally, at such time as legal
services may be needed in cuvection with the issuame of airy
municipal bads, you will assist the city in obtainug bad ooimsel
as is necessary at a -^----ale rate of oospensation. You rri.ll
receive oo~ensation in connection therewith only for actual
services rendered at the hourly rate authorized herein and billed to
the city as required herein.'
Notrrn: Approve the ag[ee®t as aadad and a„hl,nri~ the
Mryoa• and (Qty Atton:ey m ezemte ease
No discussion before the wte. The motion carried unanisously.
C. Proposal Eor Profrssionul Engineesirg Services, preperatirn of
plum a:d sper;f;.-~«;,.." and CQ16LIUCtiQ: 8erv10P8 for s~~age
oplle,.r:.~, system "C", "D", '6", and "1?" (Tim 1br:eend, Plants
Diviairn o,;ef)
Tim 1Uwnsa~d pointed out reFuirs which included flaw measur'ments,
cleaning, televising and sealing of Sections 'A" and "B" of the
city's sewage collection systen had been anpletPd. It was his
NA1~ OF
CONB,DtS.
M
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GUOIc z
B3~ a x
11rJoer a z
[a.It;e,.a x
!@Dffi OF T8$ !l~RIIIG OF T~ 16;iRRZHa 0Y ATlANfIC
1!@ICH HI;JD AT C11Y IWi. 011 NOV@!~t 7, 1989 AT 5:00 PM
PRESfITP: William I. Gulliford, Mayor/Oaimissioner
Robert B. Gook, Sr.
Glenn A. Edwards
Adelaide R. Tucker, Catmissioners
APID: Kim D. leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor (~lliford. The inwcation,
offered by Ca+missioner Cook, was followed by the Pledge to the
flag.
Motim: Appaove edrnt~ of the ~~ of the oo~ttee of
the udple October 23, 1989
No discussion before the wre. The motion carried ,+*+a*;"^^tly.
Notim: Apprnue lailfltEb of the regular +~p}1M of QCV7)~ 23,
1989
No discussion before the wte. 7Y~e +mtion carried unanimously.
Motion: ApFzvue ~ of the special lsaeti+lg of October 25,
1959
In discussion before the wte, Caimi.ssioner Cook Pointed out the
meer;.w had been adjourned and reconvened twice aid that the minutes
indicated that the meeting had been adjourned a+d recmvemd only
onus. Ne requested that paragraph 2, Page 2, of the minutes be so
amended. 1t~e question was called ald the minutes wue ul~arlvox+sly
approved as amended.
lotion: ApEaooe nimtes Of the spacial ~i.xj of October 30,
1959
No discussion before the wte. The motion carried unanimwsly.
2. AawQtritim of visitors
3. PrpClmt;rim:
A. 1gyPazt Junior High P.T.A. requesting lamer 12-I8, 1969 be
goalai®d A~ir~r HLratirn i47elc
ME OF
COMMRS.
M
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N
S
E
C
O
N
D V
O
T
E
D
Y
E
S V
O
T
E
D
N
O
Ooolc x
Bdwnrds x x
1lxdoer x x
h+77i fnrA x
~~ a
19dtuards z z
117r]asr a z
n.l l; irnl z
Ooolc z
1Ciserds z z
Tucl~ a z
pi7=Rae z
alolc x
Bl+ards a z
117dws' x x
n,n;f,al z
':.
clrr or srlwrrlc sgeca
88WIJR l0a7I1C, H10®At 80'pd108Y 13, 1989
Call to order
Invocation end pledge to the flag
1. Approval of [he miautee of [he regular seer ing of [he retiring
Cosal.aelon November 7 and [he Beet ing of [he nev Commission November
7, 1989.
2. Recogsitios of Visitors:
3. Old Hminess:
A. DSecucalon and related action foz the proposed purchase of
land from Roberta rit. Pisgah church
H. Co®unity Developxnt Block Cron[ presentation (City Consultant
Stan Reiger of UNF and Aene' Mgere)
4. Iesolatiom:
A. Resolution i89-54 of the City of Atlantic Beach urging Florida
ci[i:ene to support constitutional amendment i3 on the November
1990 ballot limiting unfunded state mandates on cities and
cwnciee.
B. Resolution f89-55 of the City of Atlantic Beech urging the
President sod the U.S. Congress [o recognize and affirm the
language and paver of [he LOth amendaent vhlch governs and
balances the respective pavers of the Slate end Federal
Coverosen[.
5. ~dfeeeY
A. Contract/Quality Development Ordinance 190-89-149
tiffany by tha Sea (Aene' Mgere and Alan Jensen)
6. tar lasimeas:
A. Comelly and Nicker Engineers with recomeu!adetlon foz paving of
Levy Road.
E. Report sad recossendat ion concerning eddltional atop signs along
Plaza (Lt. Christemn)
C. Mutual Aid Agreement (Lt. Chriacmaa)
D. Mtion by the Ci[y Commdeaion [o appoint a Co®iaaioner to fill
the uoexplzad tern in seat i3.
7. Ciq Mssegez Reports snd/or Correspoadeoee:
8. Nsyor to ull os City Cs~issiosers, Clq Attorney amd City Clerk:
Ad~ournent
CITY OF
r~Ala+rtle - did
]160CEAN BOULEVARD
_ _- _-_ -. P. O. BOXYb
ATLANTIC BEACN, PLOHDIA 34499
L ~~ TELEPHONE18a11 Y~&4986
I, hereby certify that I have
received, read, and understand [he Ci[y of Atlantic Beach's Drug-Free
Workplace Policy Statement. I further understand thac I must abide by
[his policy as a condition of my employment with Che City of Atlantic
Beach.
Signed:
Date:
~.
K.
ire-. _...~~.
CITY OF
1QtlaKtie b"iaek - ~loyLda
]la OCEAN BOULEVARD
!~__... _ _ P. O. BOX 26
ATLANTIC OEACH. FI~RIDA 3vnao
~~ TELEPHONE 19(NI R19-T986
Policy w Drug-Free forkplace
This is to reiterate, and state in a more formal way, our policy
regarding the work-related etfeccs of drug use and the unlawful
possession of Controlled substances on Ci[y premises. Our polity is as
followa~
Employees are expected and required to reporc co work on time and in
appropriate mental and physical condition for work. It is our Snten[ and
obligation [o provide a drug-free, healthful, safe, and secure work
environment.
The unlawful manufacture, distribution, dispensation, possession, or
use of a controlled suhstance on City premises oz while conducting City
business off Ci[y premises is absolutely prohibited. Violations of this
policy will result in disciplinary action, up to and including
termination, and may have legal consequences. For purposes of [his
policy controlled substance includes any substance as defined in Section
893.03, Florida Statutes, as amended, and 29 li. S.C. Section 812,
including, but no[ limited [o cocaine, marijuana and heroin.
The City recognizes drug dependency as an illness and a major health
problem. The Ci[y also recognizes drug abuse as a potential health,
safety, and security problem. Employees needing help in dealing with
such problems are encouraged co seek such assistance, as appropriate.
Employees must, as a condition of employment, abide by the terms of
the above Policy and report any conviction under a criminal drug statute
for violations occurring on or off City premises while conducting City
business. A report of a conviction must be made within five (5) days
after the conviction. Conviction means a finding of guilt (including a
plea of nolo contendere), or imposition of sentence, or both, by any
judicial body charged with [he responsibility [o determine violations of
federal or state lays. (This requirement is mandated by the Drug Free
Workplace Ac[ of 1988.)
';~... 1
,_
CITY OF ATLANTIC B&1®
CIYY COMQSSION l~ETTIIG
STAPP BEPOBT
AGE®A ITBlt: Policy on Drug-Free Workplace
SOR[LTTFD LT: Diane Noward
HATE: 11/3/89
EAQGY00!!D: The Ci[y is in need of a Drug-Free Workplace policy
statement in its Rules and Regulations Handbook for
its employees. Also in recent days we have received
news of grants being available only if we comply with
[he United States Environmental Protection Agency by
the Ci[y certifying i[ has a Drug-Free Workplace
policy in effect.
RECOMlWAIIOH: I recommend the City of Atlantic Beach accepc the
Drug-Free Workplace policy for the betcerment of its
employees and citizens.
ATTACBfffiPYS: Drug-Free Workplace Policy and employee signature form
certifying the employee understands the Drug-Free
workplace policy statement. Both have been prepared
by Corbin, ~D/ic~kinson ~a,~n]dQ Duvall
YEFIEWPD EY CITY MAAAGEH• `/j </J+ti .N~ ~Q!/1Z-~M ~1lJi
/L~
AGENDA ITEM N0. 4E
w ^ r~ GREATER JACKSONVILLE AREA USO COUNCIL, INC.
~ ,_ _ _ _l Administrative Office
~~ f3ox 108 • NAS Jacksonville, Florida 32272 • (904)778-2821
October 9, 1989
Acting City Manager
City of Atlantic Beach
P. O. Sox 25
Atlantic Beach, FL 32233
Dear City Manager:
This is our formal request for the 1989/1990 allocation
to USO which in past years has been S500.00. This support
has enabled us to carry on ovr programs in support of the
area's military families.
I am pleased to advise you that ae now have a beautiful
new facility at 2560 Mayport Road from which most of our
services in the Beaches area are provided. If your Council
members, the Mayor, or you and the other members of your
staff have not yet seen our new facility, I encourage you to
visit it in the near future. I believe you will be proud of
shat ae have been able to provide on behalf of the community.
ae are proud to now claim an Atlantic Beach mailing address
on the new Center, and will have our letterhead updated in
the near future to reflect that fact.
Please extend our thanks to the Mayor and the entire
City Council for their continued support.
Si r y,
V.J Schup t
Ex utive Director
hr.i~ OCi 1 1 !939
1AOL11(IF1 CQWfT IISOL'cMlER 119pCFMEA
,aB Crt'I,YIL
W5M•.G 1, L] YO BDI•
p,?i PYtltl IW,INBLG~ Y SI A1p1aiBE.R iW
I1S0 A LONGRF240R4ty L„YItEMO AGEHCV ~B SUPV WLFD iMOWR VRiTfD WAV AHD V0.VRiARi LONTRiB~'i ip„B
I TEM ~F
succDSr® i.errPn
Mr. Jues J. Derry
Presldant
Ssith and Gillespie Sn8lnaars, Inc.
Post Offlee Doz 53138
Jacksom111s, Florida 32201
Sub]eet: Profsulonal BnDlwatleD Sarvlea
Preparation of Plans and fpeeifieatiens
and Cenatruetfon Sarviess .
Ma]or Sewr DahaDlliutiop, Ph..a III
Sections •C•, •D•, •8' and •P•
560 PSle So. 8505
Atlantic Desch, Rorida
Dear Ms. Desry:
TM City Ce~issioa, in sasslon usesblad authoslzad your
firs to proceed with CM sub]eat pro]wt u daseeiMd Sa your letter dated
OLtoMr 17, 1989.
This authorization is v4 under the usu of the eontim~inD Contract betwen
your firs end the City of Aelantio Deuh. The pro]aet lmrolwa the dssig~,
preperatlen of plans and spseifiutloos, and provld£n8 eonstruetion servfeaa
durlnD eoeueruetien, ineludlnD rasldsnt pro,]aet oburvation, for serer
rshabllltation 1n the reulnin8 sscelew of the Clty. Toul en8lneeriag fact
dull not azeaed $91,000,00, unless approved 1n K1tlnD.
Pluu coerdinaG all cork with Pub11e Servleu DSreetor Don Fotd and keep ehls
ofLlee inforssd.
Sincerely,
CITY OP ATIAIfTIC DDACN
ICL Limbach
Clay Manager
ee: Pitinee
PnrehaslnD
Public Satvleas
F.
._
SMITM aNa OIIL[SPI[ tNOINEERS,IrC. Nf. KSr IwlnDach
City Nanayaz
City of Atlantic Mach
56G Pila No. lSOS
Octobr 17, 1989 Paae 2
S. Provide a resident pro~eet obaerier durlna Ma eonstructlon period, ee tb
•undard rats of $171.00 psr wrk day.
the snglneerinS services will b perforsrd under out eontinul[~ Contract for
Professional Services btrsen the City of Atlaatle Hach and 8~1th cad C111aaple
En6lroars, Inc., dazed Ju~r 1, 1985. Coapanaatien for profaaaieul enSineerin6
servlcu u dsseriDe6 aDow, rLll ba a dasczl6ed in Article 1 of tb Contract,
end Sa sstiutsd as follows:
1. Corpeuation foz DeslSn Sarvicu: _ .$30;000.00.
2. Coryauatlon £or Field Survey Sarvlcaa: $16,000.00.
1. Cosryensatien foz Coutruction Sarvieu: $ 9,200.00
4. Cosryenaation £or Rsaident Observa[lon: $13,500.00
Soul conpenaatlon still rot aaeaed $91,000.00, unloa a5rod to in rrltin5.
Ve ehank the City of Atlantic Mach Eor tM opportunity a present our pzepesal
for en5lneszln5 wrvfee• on thin laportut prow[. Tf you have my questions,
plena call at any tir.
Slneanly yours,
SMIIH AND C~ILIP3lI6~J~/SCJINEO,'~(LS//~,~I~N"Cf.
Nazeld N. SridSas, P.E.,
ee: Mt. Doa Ford, Director
Of Public Sarvlesa
Nenosabla V1111u Gulli£ord, Mayor
M
-.
1tm( ~r~nac~ ,~.tt ro~ r i ~~9
~'p DC1 19 iS89
SNITN AND GILIEBPI[ LN6IMEERa, ING.
roet once wa eaae
JACItaONVILLt, ILOe1W ata01
aow s.a-sew
NAROID R. BRIDGES, ALD.. GE.
October 17, 1989 ""~A°"~pf°`~O
Mr. Kim Leinbaeh
City Manager
Ciry of AtLntic M¢h
P.O. Drawn 21
Atlantic Mach, Florida ]2231
Subset: Propowl for Ptofeuienal Engineering Sarvieaa
Preparation of riana and Speeiflcatiotu
and Conatruetiea Mrvitea ~ --
Ma~or Serer eahabllitation, PMea III
Saetiona •C•, •D•, •E• and •p•
56C Plla Mo. 8505
Atlantic Maeh, Florida ,
Mar Mr. Linbaeh:
Mr. ila Sanuand, Utilities Plane Chlef with tM city of Atlaatle Maeh,
contacted our office oD October 11, 1989, ae your diracelon, and rsgwatad tMt
our fin provlG • proposal reflecting the scope of wrk sad aasoelated ceau
for mginwring cervices concerning Mayor Mrer Fihabillutivn - Plus III,
letatsd in 8ectlena •C•, •D•, •E• and •F•.
Ve ass, CMrafore, plowed to pieasnt our prepoaal for Profeaaional BDglneering
Services for iM Galgn, preparation of contract plena end apeelfleationa, and
for eonatruccian wrvieea iDeluding rseident project observation for the proposed
sub eet pre~aet.
'lilt Specialised Study for tM Plws III area, ae aub~itt.d to the Florida
Mpardent of Emironaenul Mgulatioa (FDHt) on May 31, 1988, defined the
locations for CM dpairs,
I7» profnaimul anglmering wrvicu w psopow era u follow:
1. ObtaiD all additional required survey infor>tatlon !or design of eM su~or
sewn rehabilltatioo as daseriMd iD ?able Mo. 4 of the Specialised Study
dated May 71, 1988.
2. Prepare Contract pleas aeq spseificationa for tM wrk, and assist the City
during advartiaernt, bidding and arard phases of tM pro~aet.
3. Prepare the required par~ie application torau far tM wrk.
4. Perfon corotruction services, including shop draring rsviar and MndliDg
pay requests, for tM period of cenatructiop, satlaated at this tin to
De nine (9) ~ontM.
rm or ~Tt~xrsc sraat
cc'ru caN:seia~ ~sri~
~GEND11 ITAII Proposal for Professional Engineering Services, Preparation of
Plans and Specif itaticns and Construction Services for Sewage
' Collection Systems "C", "D", "E", d "F"
~~'n'ID s1(c Tim Townsend, Plants Division Chief
~'~c October 26, 1989
SID[ The City has a continuing program of sever line inf low/infiltra-
[ion study and subsequent repair. This program vas started in
January 1983. To dale, six major sever line collection systems
have been studied, i.e., floe measurements, cleaning, televising,
and sealing; but only two systems have had [he subsequent line
"
"
, were
B
repairs. Line repairs for these two systems, "A" and
completed in the spring of this year (FY 1988-89). The remaining
large four sections, "C". "D", "E", S "F", need point or line
repairs [o finish their rehab it itacion. Monies for these repairs
have been appropriated in the C.I.P. program for fist al year
1989-90.
'i'=~c The attached proposal should be submit ced co the City Commission
fot approval, and the "Suggested Le [[e r" subsequently prepared
and sent to Smith S Gillespie.
~T(~(~f The Smith b Gillespie letter of proposal.
ABYILYm HY Cm NIINAOERt
Ii0fl1011 21'F7! N0. ~ e
Police Manpower Proposal 1989-90, con['d.
4) Discussion: The Police Department's Emergency Coounun is a[Lons Officers have
found [hat there are high volume periods when they are in need of additional
personnel. The addition of one Emergency Communications Officer would allow
mere shift flexibility to comply with the Fair Labor Standards Ac [, and would
provide an overlap to add personnel during peak hours of operation.
Recommendations: Approval of [he addition of one Emergency Communications Officer
[o Che Communications Division of the Atlantic Beach Police Department.
5) Discussion: The Department suffers from a lack of Administrative support due
[o the assignment of all personnel (except for [he Chief) [o line level functions.
The addition of an Officer to perform Numan Services duties would provide for [he
development of Reserve and Auxiliary programs, the coordination of training
throughout [he Department, and the centralization of fragmented functions Co better
serve the Department and the Public.
Recommendations: Approval of an Officer assigned to Human Services to carry our
duties as discussed.
CITY OF
r~aKt~e ~eack - ~louda
PUI.[l:E Ut:l'ARI'NF.'Yf
XSa SENIIUIE RUAD
XI IAVTIC REACH. FLORIDA 32233
Tt: Lt:I'IIOYE i5W~2a9-5606
POLICE MANPOWER PROPOSAL 1989-9G
L) Discussion: The manner in vhich Lifeguards have been assigned and paid
needs [o be revaluated. IC vculd be to the benefit of the City and [o [he
Lifeguards to implement a system requiring higher levels of training and
productivity in return fnr higher wages.
Recovmendation: Approval of the restructuring of the Atlantic Beach Lifeguard
Organization consistent with [he proposals vh ich have been presented.
2a) Discussion: The position of Police Records Specialist/Secretary a[ [he
Police and Fire Departments has evolved such [hat it encompasses numerous
duties and independent projects previously unrecognized.
Recommendation: Approval of the reclassification of [he Police Records
Specialist/Secretary position to that of an Administrative Assistant.
b) The Administrative Assistant position needs [o have a pay scale commensurate
vich the duties and responsibilities of [he job.
Recommendation: Approval of an increase on the pay scale for the position of
Adminis[rat ive Assistant [o grade 1I0 of the City of Atlantic Beach Pay Plan.
c) The employee currently serving [he City in [hc Adninistra Give Assistant
position has been employed vich [he City for more Chan four years, and has been
promised a reclassification and appropriate pay increase since her transfer [o
[he position in February of 1987.
Recommendation: Approval of the placement of existing Administrative Assistant
to a Grade 110, Step B status on the City of A[laatic Beach Pay Plan. This vas
anticlpa ted in the budget for this year.
3) Discussion: Due to [he increasing workload and demand for services, a[ leas[
[vo Patrol Officer positions are necessary to increase our manpower, especially
during early morning hours.
Recommendation: Approval of the addition of two Patrol Officer positions [o the
Atlantic Beach Police Department.
~.
^ =.
~`
CITY OF
~laalie ~[ae(r - ~lotida
POLICE Dt:PAETMENT
550 SEMIAOLE HUAD
ATLAYTII NEACN,fLORIDA J223J
T£LEPIIONE ~9W12ia5606
LIFEGUARDS
1988-69 1989-90
COVERAGE: Weekdays 8 8
Weekends b Holidays 10 IO
NUMBER OF GUARDS FOR CHAIRS: Weekdays 16 8
Weekends S Holidays 20 10
PAY SCALE: Lifeguard 4.82/hr 7.53/hr
Lieutenant 5.66/hr 7.99/hr
Captain 6.46/hr 8.35/hr
QUALIFICATIONS: CPR CPR
Adv Lifesaving USLA Standards
First Aid First Responder
Physical Skills
>x
~< '
CITY OF
,lira - 3~f
to occax eou~vaeo
__ _ - e.o.soim
7ELgegOg6 faDU irimse
Folic) an Drug-Free Yorkplace
This ie to reiterate, and state in a more formal way, our policy
regarding [he vork-related effects of drug use and the unlawful
possession of controlled aubatancea on Ci[y premises. Our policy Se ae
follore:
Emplvyeee are eapec[ed and required to report to work on time and Sn
appropriate mental and phyelcel condition for work. It le our intent and
obligation to provide a drug-free, healthful, safe, and secure vork
environment.
The unlavful manufacture, dl etrl6ut ion, dlspeneation, possession, or
use of a controlled substance on City premises or while conducting City
business off City premises ie absolutely prohibited. Viola[Sone of this
policy will result io disciplinary action, up to and including
termlaetlon, and may have legal coneaquencee. For purpoees of Chia
policy controlled substance i¢cludea any eube[aace as defiaed in Section
593.03, Florida S[a[utes, as amended, and 29 U.S.C. Section 812,
including, but not limited [o cocaine, mri~uana and heroin.
The City recognizes drug dependency ae an Sllnese and a mayor health
problem. The Ci[y also recognizes drug abuse ae a potential health,
safety, and security problem. Employees needing help Sn dealing with
such problems are encouraged to seek such seeiataate, ae appropriate.
Employees moat, ae a condition of employment, abide by the term of
the above policy and report any conviction under a criminal drug etetute
for violations occurring on or off City premises while conducting City
business. A repot[ cf a conviction moat be made within five (5) days
after the conviction. Coavictioa means a finding of guilt (including a
plea of solo eon[endere), or imposition of aen[eace, or both, by any
l udicfal body charged with the responsibility to determine violations of
federal or state lave. (This requirement is mndated by tde Dtug Free
vorkpLce Mt of 1988.)
CITF OP ATLAIfiIC ECACB
CITS COIEQSSIOi l~TIIeG
STAPP ^BfOII
AG®A ITEl1: Policy on Drug-Free Workplace
SDYQIT® BT: DSane Nward
j
DATE: _ 11/3/89 ~
EAC[iS00ED: The Clty ie in need of a Drug-Free Workplace policy
s[atement in its Rules and Regulations Nandboak for
its employees. Also in recent days we have received
news of grants being available only Sf wa comply with
the Uaited S[e[ee Enviro~antal ProProtection Agency by
the Clty car[Sfy!ng i[ hee a Drug-Pree Workplace
policy in effect.
tBCOM0.7~AiI01: I recommend the City of Atlantic Beach accept the
Drug-Pree Workplace policy for the betterment of its
employees and sit Irene.
ASPAf7~I3: Drug-Pree Workplace Policy and employee signature form
certifying the employee undera[ande the Drug-Free ~.
Workplace policy statement. Both have been prepared `;
by Corbin,~Di~ckin~on ~a,~n{,d/ D~uv{aw/~l/l ~ ~
REVIEWED DL CT1T MA~A(+'Q• 7l L~l+~. (N. (mil C.[~Kr4~`/lam//i~
/ ~
AGENDA ITEM N0. 4E
;~_ ..
I-
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a
f.
w ^ r~ GREATER JACKSONVILLE ARE4 USO COUNCIL, INC.
iiiYYY~iLi•••,JJJllll"'rrr Administrative Office
f3ox 10B • NAS Jacksonville, Fbrida 32212 • (904) T78-2821
October 9, 1989
Acting City Nenager
City of Atlantic BeecR
P. O. Box 25
Atlantic Beach, FL 32233
Dear City Hanager:
This is our foraal raQuest for the 1989/1990 allocation
to USO which is Daat yearn hen been 8500.00. This supDOrt
has enabled va to csrry on ouz progreaa in suDDOrt of the
area's military families.
Z a, pleased to advise yov that we now have a beautiful
new facility at 2560 Rapport Rond from which sost of our
services in the Beaches area are provided. If your Council
members, the l7syor, or you and the other members of your
staff have not yet seen our nex facility, I encourage you to
visit it in the near future. I believe you will be proud of
what we have been able to provide on behalL of the community.
We are proud to now claim an Atlantic Beach mailing eddreas
on the new Center, sad will have our letterhead updsted in
the near future to reflect that fact.
Please extend our thsnka to the Vapor sad the entire
City Council Eor their continued support.
Si r y,
V.J Schup
6x utiva Director
RFf.'n OCT 1 1 1989
V.DWOU,WIMIY WpGFMEA D.DCB,FII
'0! - -- OIYWILL
mtns.F,F na~Naar, mrawwa.nwaF
U50 •CONGXfSIWIINL•GS,~q iF NED .L6[NCY
LOMT4RRIOMS
/ T!i M
CITY O1 XiLi1RIC DE71CN
CMY C~IIDlidf IRifIl19
~0DQ1~ iT~l Proposal for Professional Engineering Services, Preparation of
Plans and Specifications and Construction Services for Sewage
Collectlon Systems "C", "D", "E", d "F"
8{7~IiTi~ HYt 1'im Townsend, Plants Division Chief
Q11TEt October 26, 1989
l11CIGBAOM7Dt The City has a continuing program of sever line inflow/infiltra-
tion study and subsequent repair. Thls program vas started in
January 1983. To date, six major sewer line collection systems
have been studied. i.e., flow menaurements, cleesing, televising.
and sealing; but only two systems have had [he subsequent line
repairs. Line repairs for these-two sye [ems, ~'A" and "B^, were
completed in Che spring of this year (PY 1988-89). The remaining
large four sections, "C", "D", "E", b ^P", need point or line
repairs to finish their rehabill[a[ion. Noniee for these repairs
have been appropriated in the C.I.P. program for fiscal year
1989-90.
i
RECCN~DA'iigll The attached proposal should be submitted to the City Co®ission
for approval, and the "Suggested Letter^ subsequently prepared
end sent to Smith S Gillespie.
~YClBt The Smith b Gillespie letter of proposal.
pEV2E1fID !Y CIlY 1QW110n1i ~~ ~ '
~~ i7'H1 xQ. y e
Alan C. Jenson, Esquire
(Gate)
Page 2
but not be limited to: attendance at all regularly scheduled and specially
called meetings of the City Cammtssi on; attendance at meetings of the Community
Oevel opment Board; attendance at meetings of the Code Enforcement Board, at which
you shall act as a prosecutor; preparation of all resolutions, ordinances and
contracts; being available for legal consultation with the City Manager, the Clerk,
all Cammi ssion and Board members, and any other City personnel on an as-needed
Danis; revfev of any and all documents received by this City on an as-needed
basis; and collectf ve bargaining.
As a separate aspect of your e~ployment hereunder, a5 to all litigation
Drought against the City or which is authorized by the City to be brought on its
behalf, you will be paitl an hourly rate of SI5.00. In addition, you will be
reimbursed for all of your out-of-pocket expenses as are reasonably expended in
support of the litigation. You shall render Df lls to the City for litigation
fees antl costs on a monthly basis, and such bills shall detail work performed
and time spent. The term litigation' as used hereto shall Involve actions
before any court of law or admfnistratf ve body other than an admf of st rative body
Of this Cfty.
Finally, ft is understood that you will perform no legal services for the
City in connection with the issuance of any municipal bonds. At such time as
such services may be needed, you will dssf St the Cf ty in Obtaining Other bond
counsel at a reasonable rate far said counsel's representation, and you will
recefve no additional campensatfon in connection therewith from either the City
or the chosen bond counsel.
Two on gfnals of this letter are bef ng tendered to you, and ff you are
willing to accept representation of the Cf ty under the terms hereof, you wilt
indicate that fact by executing this letter where indicated and returning one of
the originals to me.
Thank you very much.
Sincerely,
Nf lliam Gulitford
Mayor, City of Atlantic Beach
I hereby accept employment as Attorney for the City of Atlantic Beach undar
the foregoSng agreement.
ALAN JEN N
(LBS/66-CITYATTY-1-2)
~,_
(Date)
Alan C. Jensen, Esquire
Attorney at Law
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Re: Employment as Cfty Attorney for Atlantic Beach, Florida
Dear Mr. Jensen:
I am writing this letter fn my capacity as Mayor of the City of Atlantic
Beath (the 'City°), and on behalf of the City Commi ssf on. My purpose in writing
is to memorialize the agreement under which the City is hiring you as Atlantic
Beach City Attorney (•City Attorney) pursuant to authority granted to the
Ldmmission under our City Charter.
The terms of this agreement shall commence on and
shalt continue thereafter for a period of one year. Nothing herein shall be
construed, however, as in any way limiting the right of the City to tennfnate
your employment wf thin a period of less than one year, nor limiting your right
to resign as City Attorney in less than one year. The purpose of this agreement
is, instead, to fix your dutfes and rate of carpensation for up to one year of
your employment as City Attorney. During your tenure you shall have the status
of an independent contractor to the Ci ty. It fs speciff tally understood 6y you
that your [ontinutng status will be at the will Of the City, and that you retain
no Drope rty interest in your employment as City Attorney. However, should you
still be employed in that capacity aDDroximately 30 days before the expiration
of this agreement, the City and you shall endeavor to meet together for the pur-
pose of negotiating a new agreement between us for your continuetl representation
as City Attorney, or otherwise to bring about an orderly termination of your
duties as City Attorney and transfer of duties to another City Attorney.
As a part Of thf5 agreement ft is understood roar you will provide any
and all legal services necessary to the Ctty which you may from time to tfine
be called uDOn to provide, unless otherwise specified hereto. You shall be
pa td a monthly retainer for your services in an amount of One Thousand Five
Hund retl Dollars (E1,500.00), vhi[h sum shalt be paid on the day of each
month. In return for said payment you will perform all legato rk for the
City, excluding litigation or legal services rendered in connection vith the
issuance of municipal bonds. Your work in return for your retainer will Include,
~'
~'
HAND. CARITHERS. SHOWALTER & MERCIER
PROFESSIONAL ASSOCIATION
ATTOpNEYS AT LAW
1020 FIRST VNION TOWCR
20p WEST FORSYTR STRCET
Acw o.. JACKSONVILLE. FLORIDA 32202
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November 1, 1989
Ms. Maureen KSng
City Clerk
716 Ocean Boulevard
Post Office Box 25
Atlantic Beath, Florida 32233
Re: Atlantic Beach City Attornev
Dear Maureen:
At the request of Mayor Guil iford, [ have prepared a proposed contract
between the City and Alan Jensen for his representation as City Attorney.
Please note that the letter agreement has two blanks which need to be filled in.
Please also note that the agreement does not address the iss~a of what expenses
incurred by Mr. Jensen in connection with his representation will be re imburse0
by the City, other than expenses connected with litigation. I left that subject
out because I was not aware whether there is any agreement on that subject. I
would suggest that someone discuss thfs issue directly with Mr. Jensen, and I
vill be glad to do so if requested.
8y copy of thfs letter I am informing Mr. Gullifortl that you have the
proposed agreement so that you may tlistribute it to other Lbmnissfoners. I hope
that anyone who has any questions about any of this will feel free to contact me.
Thank you.
HAC/lbs
Encls.
cc: Honorable Mi ilfam Gull iford
(LBS/66-KI NGLETTER)
Kind personal regards,
/~~ ,~~
Nugh A~ arithers, Jr.
;iA
ISH BRANT
M.,o.
JA MFS G CROI'T
Afgar V,a Tew
October 25, 1999
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„KlL '_A I-i101
Honorable William I. Gulliford
City of Atlantic Beach
718 Ocean Boulevard
Atlantic Beach, FL 32233
Dear Mayor Gulliford:
In March of 1979 the three Beach cortununities jointly formed
the Jacksonville Beaches CATV Board. A copy of the
Interlocal Agreement creating the Board and the By-Laws of
the Board are attached hereto.
A5 you know, the Federal Communication Commission has now
de-regulated the cable industry and the Hoard is no longer a
viable organization. Pursuant to Article XI, Paragraph B, of
the Interlocal Agreement, it is recommended that the
Jacksonville Beaches CATV Board be formally dissolved, that
all assets be liquidated, that all outstanding debts be paid
and that any remaining funds be distributed to the Municipal
Corporations. Since each City contributed one-third, it
seems reasonable that in dissolution, each City should
receive one-third of the remaining funds.
Ms. Maureen King, the City Clerk of Atlantic Beach, has
inherited the task of safe guarding these funds. Therefore,
in your action to dissolve the Board, you should probably
authorize Ms. King to distribute the funds.
If you desire further information or clarification of this
issue, do not hesitate to contact Ms. Y.ing, 249-2395, or
myself at 241-3191.
Si e y
l
Robert L. No rri ,
City Manager
RLN:sbb
Attachments
;,~"-
crnr or xiiAxrLC B~
AC,HIIq T'181: Discussion regardug dissolutiw of the Jacksonville
Beaches CATV Board
5~7~ BY: Maureen zing
nom: Novatber 3, 1989
Bi1C147Op~D: The .7acksonville Beaches CATV Board was established March
20, 1979 and each of the beach cities wntributed $200.00
twazd operating expenses. The board last met in July
1969.
In February 1989, we were advised by the Ocean State Dank
that because ~1ie CATV Board awount had had m activity
for several years the amt, with a balance of $578.67,
vas being placed in a dormant status. At that time 1
wrote the other beaches mm~uiities asking their wishes
xe9azding this awamt but received m reply until Mr.
Norris' letter of October 25, 1989 remmerdi.~g the board
be dissolved and the assets distributed equally among the
three beach cities.
l1'!~1@@D5: Letter dated O,tn_her/25, 1989 fmn Id~b~ertJ~J7L. Norris
18VIB1® BY CITY ~(~: ~ ~((KC~L-
X$lA I' 1 N0. K /i
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......
CITY OF
P~lawtle Stack - ~lotlcla
1
~roclamx#iori ,
;`
NBEREAS, The public schools are an lmportan[ and ~lntegral part of our
society; aed -
N8E8EA.c, The concept of a free and equal education ie an Anericm
tradition and Chia coun[ry'e strength; and
NBEREAS, The students of today ate the leaders of [omorrov, and
i7HEREAS, All citizens have a reeponeibility to support the public
echoole;
Nov therefore, I Nilliam I. Gulliford of the City of A[len[Sc Beaeh
do hereby proclaim November 12-18, 1989 ae AMERICAN EDUGTIDN WEER and
urge ell citizens to make a commi[mevt to public education and to the
future of Atlantic Beach, Duval Couvty, Ploride children by visiting
their local public echoole and by dovating their time and talents to help
male the public echoole evev better.
ATTEST:
Naureev Ring
City Clezk
IN NITNESS NBERECF, I have hereto aeC
my hand and caused the official seal
of the City of Atlen[Sc Beach, Ploride
to be affixed t61s 7t6 day of November
1989.
Nilliu I. Gulllford, Jr.
Mayor
}
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ATLANTIC BEACH ELF~aENTARY
298 Sherry Drive
Atlantic Beach, FL 32233
(904) 249-2794
eoo
Doris K. LePrell
Principal
Dear Mayor Gulliford:
Deborah Bledsoe '
Assistant Principal
Community Education
October 30, 1989
On behalf of Atlantic Beach Elementary, I would like to
thank you for taking time from your busy schedule to spend
some quality time with my boys and girls. Your participation
in our "Say No To Drugs Program" strongly emphasizes to them
the total committment of our community. You are indeed one
of their heroes as you can see from the letters of Mrs. Auth
Isaac's class.
Please read them and know that you've made a positive
impression on our students.
Thank you again for coming to Atlantic Beach Elementary.
Sincerely~,//
Doris K. LePrell, Ed.S.
Principal
DKL:cl
Attachments
cc: Auth Isaacs, Teacher
&,:. .
PACE THREF.
MINUTES OF TlIE SPECIAL COMMISSION MEETING
ocroaFJl 25. 1989
Commissioner Cook raised the question during discussion if Commissioner
Jensen had declared a conflict. Mayor Culliford stated Commissioner Jensen
would declare a conflict at the time he votes.
No discussion before the vote. On a roll-call vote,the motion carried on e
three to two vote with Commissioners Cook and Hdrerds voting Nay end
Couissioner Tucker and Jensen and Ngyor Culliford voting Aye. Commission
Jensen declared a conflict but Pelt according to state law he must at111
vote.
Mayor Gul:iford informed Commissioner Jensen he would have to resign his
position as commissioner within 15 days.
There being no further business to come be Pore the Commission, the Mayor
declared the meeting adjourned at 9:10 p.m.
Ni lliem I. Gulliford, Jr.
Mayor
Karen S. Moore
Acting City Clerk
~- _...
PAGE '1510
MINUTES OF SPECSAL COMMISSION MEETING
OCTOBER 25, 1989
Comaisaionar Cook moved to appoint Borsad L. Dale with tSa Lsr
fire of Dale and Bold m City Attoney. The motion res eeccoded
by Co~issicmer Edwards.
No discussion before the vote. Oo m roll-cell wte,tha motSm moan n 2-2
deadlock with Commiaeiomere Cook sod Bdrerde votia~ Aye, end Camainaiaaer
Tucker and Nayor Cu111Potd voting Nay.
Mayor Culliford stated SP Commissioner Jensen could like to vote he would
call a special seating end give him the opportunity to do so.
Couissioner Cook inked the Mayor to pees a resolution authorizing the City
Clerk to reedvertiae iP Caoissioner Jensen decides not to vote. Mayor
Gu111POrd stated you did not need a resolution but rather authorize the City
Clerk to advertise. City Manager Leinbech asked whether the qualification
would change from Che last edvertlsement. Cooisaiomr Cook suggested Che
Mayor appoint another committee to review applicants. Nayor Oulliford
stated he thought the committee members were very capable but he had no
problems with appointing a new committee. Mayor Gu111Pord instructed the
City Manager to make contact with Comaisaiomer Jensen es to voting and
depending on the outcome oP that wnversetiom contact Mr. Ron Della Ports to
reconvene the committee as [o whether they would like to change the
advertisement, the City mould readvertise.
2. My other business
There being no Purther business, the Mayor declared the meeting adjourned at
8:45 PM.
(Since Cooissioner Jensen had not left the building, but rm awaiting the
outcome OC flle mote, it Vas decided CO reconvene the meeting)
The Nayor reopened the meeting at 8:50 PM Vith Commissioner Jensen in
attendmce. Mayor Culliford stated the Commiaelon voted on two of the
epplieents with the vote deadlocked on both votes.
Commissioner Jensen ateted he could like the opportunity Co review the
applicants resume end their proposals. After he reviewed the application oP
Howard Dale, he ateted that Mr. Dale rea a real estate lawyer. He heard the
objections against him becoming City Attorney from Corisaianere Cook end
Edwards. Commissioner Jensen replied that he respected both Carissionere
Cook end Hdrec'ds opinions. He ateted he was not looking et the City oP
Atlantic Beach the way other law firma may lode et SC, he Pelt the City
Attorneys position was a public service end his c
Por the CitY• h~gp were based on a love
Comrimaioaer ticker moved to appoint Alm Jenmea ae the City
Attorney at a Pee oP f18,000 per year retainer amd f75.o0 an boar
for litigatiom. 'fie motion rae aeccmded by Mayor Oulliford
MINUTES OF T11E SPExIAL CALLHD MEETING OF TFg ATINffIC BEACN CITY COIOIISSIBN
IIELD AT CITY IW.L ON OCTGBHi 25, 1989 AT 7:15 ~
The meeting was called to order by Mayor Gulli ford. Present in addition to
[he Mayor were Commissioners Cook, Edwards, Jensen and Tucker. Also present
were City Meneger Leinbach and Acting City Clerk Moore.
1. Action ~ the City Coaission to a=lect nee C1ty Attor~y
Commissioner Jensen at this time excused himself from Che meeting.
Commissioner Caok questioned the procedure in selecting the City Attorney,
Mayor Gullitord stated there has to be a vote rather then rating each
candidate. The attorneys' fees were discussed and Mayor Culliford felt that
due co higher fees and little municipal experience, Taylor, Day 6 flio's firm
should be out of contention.
Commissioner Cook stated his objectlon to Commissioner Jensen becoming the
City Attorney due to the fact that he had previously resigned es [he City
Attorney to move to Indiana; and he thought it was inappropriate for [he
person who led the charge to oust the previous City Attorney to run for the
position. Commissioner Edwards stated he felt the City should have an
indecendent attorney who was not on the City Commission; and Commissioner
Jensen moved to Indiana and was not working in the State of Florida
continuously for ten years. Mr. Arnold stated that as long as Commissioner
Jensen kept his license and paid his dues, he was a continuously active
member of the Florida bar. Commissioner Tucker said she felt the City
Manager needed a City Attorney who had some type of municipal experience.
Discussion continued relative to the experience of Che candidates in
municipal law. Mr. Arnold stated he had checked with all three candidates
and they were ell qualified individuals however he fel tthe appointment
should go to someone who has handled problems of a small municipality.
At [his time Mayor Gul liford made a brief statement as to what the objective
of the City Commission was and that vas to vote for s city attorney and keep
the Dest interest of the City in mind.
Mr. Arnold asked to be excused to attend another meeting in Jacksonville
Beach. He did state before leaving that in the event of a deadlock on the
vote, if Commissioner 7ensen declared a conflict, under state lar if he is
present at the meeting, he has to vote.
Further discussion ensued as to the necessity of a City Attorney, the Fees
of each candidate and their qualifications.
Comaisaioner Tucker moved to appoint Alan Jensen as City Attorney
at f18,000 a year retainer end f75•GG en hour litigation fee. The
motion ras aeco'Wed by Mayor Culliford.
6o discussion before the vote. On a roll-call vote,the motion ras a 2-2
deadlorJc rith Co~issianers Cock and Bdrards voting May, mnd Co>.isaioner
Tucker end Mayor Culliford voting Aye.
~f
~~
Minutes of Special Called coasting
October 30, 1989
Before the vote Caaoissimer Jensen stated he had a onflict of interest
in that the matter before the omission inwlved him personally and in
acmrdarre dth Chapter 112, Florida Statutes, he was required to
abstain from voting. in crnQlianoe dth said Statute, Porn ~,
Memora[d~m of Voting conflict for Cl~rmty, Mmicipal, a:rl other incai
Public Officers, has been filed by Mr. Jensen a:d is attached hereto and
nude a part hereof.
After further ATan,nnipn, the question \OB ®lled and OII roll. roll vote,
tba sntim onaisd by a 3 - 1 vube dth Ctatasionea• Cook voting Hay.
It wee agreed an annually renewable contract would be drafted a::d an
o^+~^•^~ providing for the City Attorney m be hired under orntract
mould be prepared.
Mayor Oulliford thanked Stephen Stratford ani Mark Armld for their
efforts on behalf of the city duri:g the time they served as interim
attorneys. tie asked the Ltrmissicrers to sutmit nam°s for consideration
to fill Camissirner Jensen's unexpired term.
19Te City r also thanked Stephen Strntford and Mark Arnoid for
their support during this intesim period.
There being no further business to e®e before the Qtaaissim:, the i4ayor
declared the meeting adjourna3 at 7:45 R4.
Wil I. Q:llrfoid
Mayor/Presiding Officer
ATTEST:
Maureen Ring, City Clerk
I4LDr6 OF 'l13e SPEC[AI. (71Li~ llPIIi; ~ ~ XdXffiC B01® CC1Y
OOMMLS4Qi ffiD AT CITY BAll. Qi OCit~t 30, 1989 AT 7:15 RI
1te meeting wes called to order by Mayor Gulliford. Present in addition
to the Mayor were Nnnisaioners Cook, Edwards, Jensen aId 7VCker. Also
present were City Manager Ieinbach a:d City Clerk Ring.
Mayor Gulliford read a letter he had received fzom a student requesting
infoaaation on problems faced by the city, and also intmduoed Sybil
Fix, a new Florida Times Union reporter.
1. Actin bF the Ciri Ooaaissirn m select a new ari a•••~••~•
(Subsequent to the meeting of Odder 25, 1989, it wes pointed out ty
interim City Attorney Mark Arnold, fiat in acoordanoe with Section 112
of the Florida Statutes, the mote m appoint 6omaisaioner Jensen as City
Attorney, had been illegal: therefore, the City Ctmoissicn needed to
rescind that action and act again on the matter of hiring a City
Attaxffay. )
Mayor GUlliford pointed out an application had ben received frxm Joseph
Gli.ckstein. 1fie City had advertised twice for a City Attorney a:d if
the same pxooerhue was followed again, it world probably be Januazy
before an attorney mould be hired. Be solicited the wishes of the
Caenissiorers.
~fmmimer dole sowed that disc~sim m the istter 6a
reapaed. 1be >otim was ~idad by Jerr®
aod approved mani~mly.
C®aisaiix~er Cook suggested the m®ittee be *ngrn,oarea to review the
applications again aid present three additirnal names to the O.rnaiasice
for their cbnaideration.
1Lrth Gregg, 905 Sailfish Drive, said she felt the city needed someone
who was familiar with the city and who caild assume the zeapu~sibilities
quicJcly. Jack Brooks, 371 Tenth Street, also agreed the city needed m
cove stead without further delay a:d enmaaged the Caanission to
appoint Alan: Jensen to the position. Dorothy Kerber, 365 Fizst Street,
said she vas a member of the ca®ittee and it was her opinion Alan
Jensen was the most qualified r~.aiA~be.
Oo~dssio~ dok saved that another orsaittee ~n4 be
called. 7be sotim died for lade of a seomd.
Mayor Gulliford said Mr. Glickstein had irdicatrd he had rot applied
sower because he felt Mr. Jensen was best suited for the job and it was
only after the vote of the previous nesting that be had decided to
suhnit his application.
daaisaiapr 111d~ coved bo appoLrt A1~ Jeoee~ m Clty
Attorney. 71e ~tlon was seceded by Aayor GUllifad.
PA(0: TFA
MINI7PE5 OF HI~ETItiG OF CObDIITTFE OF TfO: YapIE
OCTO13II2 23, 1989
discrnrere3 the city was paying rates faz in excess of what the
Crnmission had appxwed. Payments fran wtside third rties had also
hoes nude directly to the former city attorney. Fie said after several
meetings on the matter, tor. Mullis had requested an annual retainer of
550,000.00, with all litigation to he oontracked to outside firms. tle
said he felt sure arty of the other Co~issiorers would have fouad the
same infomution had they been selected to look into the matter, and the
action of the Carmission was h~.sed on these findings. He said tue had
mt ~_+~~ any effort to have tor. Millis resrnred fmn office and
did not see anything inproper in applying for the position.
Mayor (iAlifoffi said he had initiated the ~,+g,,;ry by letter to the
Cavnissioruers in which h° had wised terns +N;++g professional
fees, Troth legal and engireering. Fle had asked Camrissioner Jensen to
check into the matter of legal fees because of his experience in the
legal field.
The final ~=~;a=te m Ix: interviewed was Eloward Dale who was
acornpanied by his associate Mike Altes. Mr. Dale said his firo
consisted of six attorneys, and dealt mostly in o~rcial real estate
and civil trial wrk. Fte felt the opportunity to represent the city
world be a chalu°T and an opportunity to bmadrs their experier~. He
said labor related nutters mould Ix: the only area where his firm would
need to seek outside legal advice. lIe agreed to an annually ruble
contract and requested an annual retainer of 524,000.00 and an houn-ly
rate of ;100.00 per tour or the standard hourly rate of the attorney
handling the litigation matter, whichever vas the lesser.
Sto,c,e.. Stratford suggested the city may wish to negotiate a fee with a
bond attorney before beginruug wrk on future bond issues. By doing so,
the city would know exactly what the legal fees would be before the fact
and not 6e put in a position of having to pay any figure which might lx:
imoioed after the bond issue was corcltded.
Mayor C~lliford tw=.,trw the crnmittee for reviewing the applications and
narrowing tine selection to three.
There being ro further discussion, the Phyor declared the m';eting
adjourned at 6:55 PM.
Williaa I. (~lliford
Mayor/Presiding Officer
ATTEST:
Maureen King, City Clerk
ems aF Ta M~il'ItH: oe T~ ~i'1ffi oP a ~ffiB of ATIJINPlc >~+~
clTx m~u~lac ~ AT s:00 PM MOt)Ol1Y, OcS®t 23, 1989 AT CTn &1i1.
The meeting was called to order by Mayor Gulliford. Present in addition
to the Mayor, were Crnmiasioners rook, Ed~sr~ds and Tucker. Also present
was City Clerk Hirlg.
The meeting was held for the purpose of interviewing the three
ra~vii Antes Hh0 }lad been Ie0®fPldPli for the City Attorney p~lilrn by
the search conmi.ttee. The Cmmission reviewed a list of questions which
had been coopiled fr® the suggested questions they had s:ilanitted to the
City Manager. -
Fach applicant was given an opportunity to make an introductory
state:ent, answer the prepared questions atd than ask airy questions they
may have. Canmittee natters Dorothy Herber, Nugh Carithers, and Ron
Della Porter, who were in attendance were also given an opporttvvity to
ask questions.
Ili c iAates irltervlewed were as follows:
Ada A. tlamnord and John Holes of the law firm of
Taylor, Day and Rio
Alan C. Jensen
Howard L. Dale a:d Mike Apes of the law firm of
Dale aid Bald
Ms. flatnowd said while she would be the prinaxy contact person in their
fins, she world be able to draw on the expertise and experience of the
Hire partners in the firm. One partner, Vince Rio, a legislative aid
a,tn;niarrative lawy~,s, has an offi.oe in Talnaly;_~~.. On matters related
to bold work, Ms. said they world seek legal advice outside
their firm. Mr. Hi ors presented each Wvnissioner with two fee
p+TM~ ire based on }surly rates. do iryuiry regarding an annual
+~~;~* and an hourly rate for litigation, which mould be authorized by
resolution, Ms. Namlmnd and Mr. Hires said they would rot have arty
problen with that but they had rot prepared a proposal on that basis and
r ~ PCted some time to consider it.
The rext candidate interviewed was Alan Jensen wta responded to the same
list of questions. Mr. Jensen said he had recently gore into partner-
ship with Steve Hould. He said Mr. Ebuld was well experienced in
matters imrolving litigation and outlined some of his goalifirations and
work experience. In his absence, Mr. tbuld would be very capable of
handling the city's needs. On matters relating to bold work he said he,
tor, would seeJc legal advice outside his find. Mr. Jensen requested a
monthly retainer of 51,500.00, and ;75.00 per hour for litigation and
said he was in favor of an annually rrllewable contract. He also felt a
budget for legal services stpuld be approved try the City Crnmission and
the City Attorney Should be expected to stay within budget.
On ;~•;ry about the mle Mr. Jensen may have played in the reooval of
the former city attorney, Mr. Jensen swirl concerns had been raised about
the fees being paid to the city attorney and he had been asked by the
Mayor tv look into the matter. 11un1>~ mlputer print-outs he
,,~:
FA£ PJOR
NINNIES
OCll7BFR 23, 1989
the t4yor said he had received ornQlainffi fry residents in Aryal
PaLns Drive and Plaza about people parking on the sidewalks,
ezea*' a dangerous situation. tle also presented a petition Eras
residents on Plaza between East Coast Drive aM Seainole Foad,
coaplaining about speeding and requestiig step signs at the turn
through areas. These eoaQlaints were referred to the Police
DQPartnent.
There bein<7 ro furttws business to c~ before the ommisaim, the
Mayor declared the meeting adjourned.
willian I. (Azlliford
Mayor/Presiding Officer
A T T E S T:
Maureen King, City Clerk
NAME OF
COMMES.
M
S v
Y Y
N
k.
~,..
PPf$ TfO~
MINVfFS
OCIVHII2 23, 1989
classification had rot been approved by the City Commission. The
City Manager said M wished to bzirg to the attention of the
camtission that sate lots in the project are order the 5,000 minLiun
sq. ft. area, and also that property mould nced to be dedicated for
a sewage lift station to serve the project. Eie felt this should be
reviewed by legal cota~sel aid city staff members and then braght
back to the oo,mussion with their recamerdaticns. O.nmissiorer
Jenselt said similaz developments trod been approved tinder the
provisions of a contract quality design statute.
After review, the natter will be brotxlht back to the City Commission
£or action.
8. Mayes m tall m City ~isaiv~s, dty •*~^^~ a~ City
Clerk:
The City Clerk presented the Mayor with a tribute from Sersator
GYahacn to NPDQ Padio and Mayor (lAliford for their recent efforts in
helping those residents of the Carolinas who had been so devastated
by Bturicane Nogo.
In rt?sponse, Mayor GUlliford thanked the police officers who had
escorted the cazavans, aid also those officers who had 9are to South
Carolina in their off-duty time aid worked so enthusiastically to
help the local authorities. Fle said the general art-patting of aid
from the mimutity was most gratifying.
Mr. Edward Ash, 1238 Beach eoulevazd, who had entered during the
course of the mEwt' said ]fe represented the Tiffany by the Sea
project std would answer arty questions the commission may have on
the project. Be was advised that ro action had been taken on the
matter percling revf.cw by city officials, after which it would be
brax)!tt back to the next neat' for action by the ommission.
~ivrr » amwanad the matter of unfwded state mandates
would be on the ballot in 1990 as amendment #3 aid he encouraged the
elected officials to infomt the public as each as possible on the
muter.
lHyot ca,r r; ford read a letter fxv enrol D. Ca4ir11 in which she
ornplimarted Officers Gaynor and :ahb for their ttardlirg of two
separate incidents in which their 16-y[•arbld daughter had been
imalved. she said they had been reassuring arcl patient aid stewed
cmcern for her well-being.
NAME OF
COMMIES.
M
S Y
Y V
N
PA(~ 1W0
MINVPES
OC1C)BFR 23, 1969
5. Nev Busiirss•
A. li~adation frs: purr3~ase of street sraeper for' Public Norks
thrw~ bid pmeesa of the Qty of •Ta..ta.,..iiio
Dan Ford said he had been checking into diffex+Pnt types of street
sweepers for about three nonths. Information on the top four mpdels
had been included in the agenda packets for each crnmissioner and
Mr. Ford said, of those four aalels, he ieeamm~ded the purchase of
the Elgin Pelican through the City of Jacksonville's bid process at
a mst of ;67,396.00.
Discussion then ensued relative to funds for the purchase of the
street sweeper acd the Mayor said this would be one of the accepted
uses for the proposed utility fee. 1fie City Manager said while
street sweeping would assist with drainage prnblens, the primay
ftacction of the street sweeper would be for the care and maintrsarcce
of streets, a~ it was his opinion the ore-cent gas tax revenues
would be an appropriate source of fording for this purchase.
The City Manager was requested to review projected gas tax revenues,
and proposed projects for the conug war, including streets
scheduled for repaving. Joan LaVake was asked to check to see what
types of street sweepers, if any, were on state contract and also
check into prices of same.
B. Action by the City Cbmissim r ~~* the Qty Attoa~ey
.pie,.r;,~,
The Mayor reported the cd~missinn had interviewed the finalists for
the Qty Attorney position earlier in the evenug. One of the
applicants had opt provided a figure for retainer or an Hourly rate
for litigation. These figures mould be forwarded to the city the
following day and a special called meeting was scheduled for 7:15 PM
Wednesday, October 25, 1989, for the purpose of making a selection.
6. Actim m Ordinate:
A- T^~'^'~"""" and first ra~dirg of ondi~~ No. 90-Bq-148
~tr+g and at{awu9 a ]mod deoe]oE~t plan and proposal
aa~ittad bf Aaboo, Irr. far a Ontcact Quality Develop~t
knan es 'fLffmy by the Sea (Pace' Angers)
Before introducing the ordinance, Mayor Gulliford requested Brenda
Dockery to report on the matter. Ms. Rxkery reported the Comnmi.ty
Development Board and considered and r'e~ded approval of the
26ymit single-family project kna+n as Tiffany by the Sea. AltMuc)h
they had remsnended approval, the Camascity Development Board
felt the density could be reduced from the proposed 26 units to 24.
She said a question had been raised about approving a °Contract
Quality Development" since the ordinance to establish a CQD zonug
NAME OF
COMMAS.
M
S v
Y v
N
!@Il1PS OF TBE RE.,'>IIAR Nl~EPIN[i OF Tffi ATf]INPIC 8®1® CITY m4-
lIIS.SION A87D AT CITY AAiL ON OCSI>8Ht 23, 1989 AT 7:15 PM V V
O O
PRESENT: William Z. (L1liford, Mayor T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
Alan C. Jensen
Adelaide R. Tucker, Commissioners
M 5
AND: Kim Ieinbach, City Mager O E
Mark Arnold, Interim City Attorney (Slikstitutug) T C
Maureen King, City Clerk I O Y
NAME OF O N E N
COMMAS. N D S O
offered by Crnmissioner Cmk, Was folloxd by the pledge to the
flag.
1. Aclaoral of the mii^rtrs of the ,:•~ ~t:.+~ of October 9
1989 and special meetira of October 16, 1989 Gook z z
Hdsards z
Motim: Approve arin:6es of the regular meeting of Octoi7er 9, Senseo x
1989 Tudwr z z
No discussion before the wte. The notion carried u~nvnou9ly. n,tt:r....~ x
Qnlc z
Ibtim: Appcoue mi,~rtm of the special aeeti~ of Oclnb~ 16, B3scds z z
1989 Jeoee: x z
No dismssion before the wte. The 'ration carried unanimously. n~ i~ x
2. Recognition of visitors
N
one
3. Old Busi:wss-
A. Discrosim and related topf:a Sor the proposed pott~iee of land
8v Roberts Mt. Pisgah Churl:
Mr. Freaaan of Mt. Pisgah Church said R;v. Kenrerley mold not
attend the meeting and at Mr. Freeman's recF:est, action on the
matter was deferred to the next eavnissi~ meeting.
4. ~t Ageoda•
A. Its b, be dec]ared surplus by the City ~ssim in regard
to an ~`^•:T to be held by the city Ocbo6er 28, 1989 at 9:00
AM at Public Nu¢ks (Jnv: IaVake) Opdc x
lbtim: Approve passacR of oooseet agenda Jew: z
No discussion before the wte. The ~mtion carried ,manimm,cly. 11z3vez
(i+llifi~ri z x
x
k
t'.
clYr of sn.AHrlc BFww
SPBCIAL MEESIHG, YDFSDAY NOVBlBER 7, 1989
RETIRING CONHISSI0:1
Call [o order '
Invocation and pledge [o the flag
1. Approval of the minutes of [he committee of [he whole, October 23,
1989; regular meeting October 23, 1989; special meeting October 25, ~
1989; and special meeting October 30, 1989.
2. Becogn£tios of Visitors:
3. Proclastlom:
A. Nayporc Junior High P.T.A. requests November 12-18, 1989 be
proclaimed Ame rlcan Education Week
4. Her Business:
A. Discussion regarding dissolution of the Jacksonville Beaches CAN
Board
B. Approval of draft contract agreement for City A[[orney _
C. Proposal for Professional Engineering Services, preparation of
plans and specifications and construction services for sewage
collection systems "C", "D", "E" and F (Tim Towaend, Plants
Division Chief)
D. Request from the Greater Jacksonville Area USO Council, Inc.,
Jacksonville for 5500 donation to enable them to carry on
programs in support of the area's mil Siary families
E. Discussion relative to adding the "Policy an Drug-Free Workplace"
scatement to our Rules and Regulations Handbook for City
employees
F. Presentation relative to 1989/90 manpwer (Police Chief Thompson)
S. City Haoager Reports and/or Correepondmee:
6. Mayor to call w City Co~faciooere, City Attorney and Ci[y Clerk:
Adjoutnmenc
NEW CW~9SISSION
1. Oath of Office -
2. Call to Order _
3. Miscellaneous Business
Ad j ourc~menc
~-
NOVEMBER
MICRO
~e ZnfolseGioa aad
Ia°gs umegers
Ac...