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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 ~T~ ~ CTn ~~A~{I 110Dm11 I1'~II/0. bt ... .. _ ,- c ,-. C:N-~,~:. 15 ~,c}: ~pe'j of i1. LY _~, ..a l' , -;ny <,,. :f 1.G CLL:1 ( l.J^ 1 ~ _ ._. _ _ ~ ____ :-i ...... ....... .. J:.II., 1 ,_,c r rcr' I u n !'e'll I'v ! >: u.'. n<'r r-: L .. ~.~ ll tl..l 1 1 ~. 5 ~ I., C.. / f [ii 1 _ ..1 , I1 O _ 1 u n~-- :.- ~ l la Itl .,. ! I ' I 1 1 _ -- __ - -_. _ __ _ ~ I 1. - ~ I I ! .. , ., 1 _. ,. 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(a 11 u:a Yo pa, LL, . ::11cct4.: .._.ll .... ~7 ..:LCI:.... :I:a tL," _J:. .d. _..__.__.__. _ _..___-.__ . ~I•y ;; na': f.v SOn uL ti.f :: '. a.. ,._.. c:. .. <.• G. . -. :.1 :......__•,.. ...,._:.o f"'[o auy pJrLCn c: - .....:L1 LuC ,:i LcC ulir:r pr.:: it L., .... ._ v.;:Lic_c'_ou:: ci tnu arCin:ucu :ddcl: ~Jn W: ' _ ..n .._: _,_ ~. .:.. .. LL•. S.r: slid .. Sri.. ct PP'--, caii: and to lL:.a c..: L:: ;. ,._.,...._ of t.. _.. u__. aco C..c 1. rJ, :..:vv ra blo. __°ll.~:____ .-_______.__.._ :i.L3 or:!l.:u:cu ul:Jll Lc1a: ~. ,.. `.- I „ Gi' G~U:f:': G.!'.:4:SSLG;IEi:; ' _ _ LaG JnilO COi:::'i, FIAGIOI, ! 9 I ~ ., , //~ ~i~. > 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 Q]ok Z Z H~iards z 7hda=r a z n,i2; r...w : Cbolc = z Sims = x ?udu~ z tmii;k,..i z O~dc z : Sdrarde x mydoer z x taiti;r.,..i = PA(£ 1f82F~ 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. M S Y Y V N Q7ok : z 638rc1s x 11rJver i z p l~f,vnl Z Oootc a x Sd`arda x x Hari z Gbllifizd z s PTLE TWJ 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. pock 8drard9 7lndoer n.tl;s....t M x S X V Y x Z x z V N Conic a Ndisrds z z 11ao~ z x pools a E3tanle x : ~ z : ra,t l; fens x l~11$ DP Y1$ i~AR l~TII7G GP ~ A'd11NPIC,B@i~ Aff 7.00 Rt 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. O T I O N S E C O N D V O T E D Y E S V O T E D N O Cook z H3erye x z Tzi~ x x p.ttifnrd Z Ooolr a z ~~ z 1ltdwr z x p,n;e,..a a l I ~. ~,, .. . 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 i= 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 COMMAS. - M O T I O N - i S E C O N D V O r E D Y E S V O T E D N O 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. M S V Y V N 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 S V Y V N I ~ 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 S V Y V N Ooolc x z BLards z lhdus z z n.nrir.~a x 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 O T I O N S E C O N D V O T E D Y E S V O T E D N O 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- i- - 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 ~ o AC mn w ucw. ., w. ~ n ~n O~ ] isJD ,.[ ec i[w ...m.. A..a.. Inou ee.-uno 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 LfT4~ ~ ` e °~ ' ~ a ` y~ ~ n S~ '~ ^" ~ cnl .. at ~<On1D~ JOHN F QEARY ~, } r ~ ~3 C fGHNt KO¢'KAbA V' I ay n rpQwnr rac 7ofA OVeRRr K RIC HARD SAC LS Y[)ii OfFICF. &)% it R 'fp ]'k YTL]l BE1CH. fl OFInA +L Ra100 ALLENBSOW UER „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 ~. ~, e ~. ...... 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 } ~:; .n,v+nc ~ ~ 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...