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10-01-90DIVISION 'C' (CONT'D) 5 6 (COnt'd) (c) 8 Inch DSa~Cer 8 to 10 Feet Deep 413 L.F. (d) 8 Inch Dfaxtar 122 L.F. 10 Co 12 Feat Deep Reconnection of Existing 8505-13-O1 S 46.00 S lA,?99.00 $ 46.00 $ S,F12.00 Service Lcerals Afesr °10 00 5 1,47 n.00 1 1 7 Each $ Ln ng. 7, Rseova and Replace Vith- in Eligible Pay Liuics: (a) Dua and Asphalt Pavaoent (Type II - Y S 5 25.00 $ 5,750.00 230 city Stteat) . . (b) gage and Concreu 4 5 S °'.q0 $ 6,27.fi.00 283 _ D[iveray . . (e) Concrete Curb and L F $ 15.00 000,00 S- Cuttsr 60 . . - 625 Y S S ?.85 1,7 N1.25 S (d) Sodding . . (e) Concrace Sidsvalks 1 S.Y/ S 2n.00 $ fi0.00 B. ConcraG for Encuemnts 150.00 750.00 5 and Specials: 5 C.Y. S 9, Quality Control Tasting: L.S. S 2.500.00 750.00 S 10. Construcclon Photography: L.S. $213, 5fi9.~5 TOTAL gASL DID - FART 4 (SECTION F) 664 470.55 S ' TOTAL 664C DID - FARTS 1. 2, 3 AND 4 s ss - 10 - ~' Y DIVISION 'C' <COR2'D) 8505-13-01 Est. Unit I tsm Dsacrintion Quantity Unit Price amount 2. (Cont'd) (a) 8 Inch Diawcar, 8 co 10 Fset Dsep, 10 Fsec Ln Lngth 12 Each $ 2.200.00 $ 25,400.00 (f) 8 Inch Diameter, 8 to 30 Fsst Deep, 15 Fset in Gngth 1 Each $ 3,On0. 00 $ 3,000.On (g) 8 Inch Dlaxter, 10 co 12 Fast Deep, 30 Fast in Lngth 1 Each $ 3,000.00 $ 3,000.00 3. Replace Sanitary Savnr Pipe Ovez 15 Feat in Length: (a) 8 Inch Dime tar, 0 to 6 Fast Desp 667 L.F. $ 4n.~0 $ 27,4A0.00 (b) 8 Inch Diawtai, 6 to g Fut [leap 532 L.F. $ 45.00 $ 23,940.00 (c) 8 Inch Diaastaz, 8 to 10 Feet Deep 428 L.F. S 55.00 $ 23,540.00 4. Replace Sanitary Service Comuceion aC Nsin and Rseomuct Servies Lateral : (a) 8 Inch x 8 Inch x 6 Inch, •Vya' 11 Each $ 150.00 $ 1,550.00 5. Lining of Existing Pipeli nes: Indicate Method of Lining Bnlov: _Insituform X U-Line r - General S lip Lining (a) 8 Imh DSusur 0 co 6 Faet Dsep 207 L.F. $ 46.00 $ 9,5'2.00 - (b) 8 Inch DSametar 6 to 8 Fsat Deap 90 L.F. $ 45.00 $ 4,140.00 - 9 - 7a` - ^ - DIVISION 'C' (CONT'D) 8505-13-O1 a1! gID SCNEDOLE - PRAT 4 (SECTION F1 Est. Unit item De serint+~~ .a i Uni[ Pri 1. 2. y (a) (b) (~) (d) ~ r^ i ~. Sitevork: Furnish all mterials and equipment necessary to perforn all surface sitevork as specified and as shown on [ha contzaec documents to perform and complete the pzo~sct, including but not limited Co relocation and reinstallation o£ all culverts, endwalls, mailboxes, fences, utility shads, railroad ties vhleh conflict with the perforn- ance of this vark. Hork not included under this bid Stsm dull Sncluds the removal and replacement of asphalt pavarnt, concrete driveways ,~ and curb and gutters, end all nodding required. L.S. Sanitary Serer PSpe Point Repairs: 8 Inch Diameter, 0 to 6 Fsst Deep, 30 Faat in Length 8 Inch Diameter, 0 to 6 Feet Deap, 15 Feet in Length 8 Inch Diameter, 6 to 8 Feat Deep, 10 Fast in length 8 Inch Diem ter, 6 co g Faat Dasp, 15 Feat in length $ 20,000.00 S Each $ 1,?00.00 $ o,5n0.00 1 Eatn $ I,sno.nD $ l,s~n.oo 7 Each $ 1,500.00 $ ll,?00.00 2 Each $ 1,900.n0 $ 3,A00. 00 _ g _ ' DIVISION 'C' (CONT'D) 8505-13-O1 Est. Unit Item Desezintlon Quantity Unit Price AmounC 6. Lining of Exla sing PSpelines: a Indlcacs Method of Lining Belov: 2na itufors I U-Liner General Sl ip Lining } (a) _ _ 8 Inch Dime[er # O to 6 Feet Daap 1170 L.F. $ 46.90 (b) B Inch Dime[ez 6 to 8 Faac Deap 73 L.F. $ 46.90 (c) 8 Inch Diameter 00 46 8 to 10 Fest Deep 49 L.F. $ . 7. Reconnection of Existing Service Latarala After Lining: 24 Eaeh $ 210.00 8. Remove and Rsplaca With- g in Eligible Pay LLmi es: ^ i (a) Base aM Asplult 77~~ Pavarnt (Type II - nn City Street) 35 S.Y. $ 25. N (b) Basa and Concrete Drlvewy 63 S.Y. $ 22.00 (e) Sodding 275 S.Y. $ 2.85 9. Concrete for Encaasmenta and Specula: 5 C.Y. $ i5n, 00 10. Quality Control 'Testing: L.S. 11. Consttvetion Photography: L.S. TOTAL BASL DID - PART 3 (SECTION E) - 7 #~ $ 53,B20.90 S 3,358.00 ' S 2,254.09 $ s,D49.on S x75.00 $ 1,396.00 $_ _783.75 S 75n.00 $ 2.500.00 $ 75n.90 $140,496.75 DIVISION 'C" (CONi'D) 8505-13-O1 y~ i i~ A i iii S ~yi i ~9 i ,~ ~•- Est. L•nit item Description Ouanticv Unit Price Amoune 2. Sanitary Saver Pipe Point Repairs: (a) 8 Inch Diama ter, 0 to 6 Feat Desp, 10 Feet in Length 4 Eech $ 1,200. 00 $ 4,800.00 (b) 8 Inch Diameter, 0 to 6 Feat Deap, 15 Fsat in Length 1 Eaeh $ 1,500.00 $ 1,500,00 (c) 10 Inch OSameter, 0 to 6 Feet Deap, 10 Feet Sn Length 1 Each $ 1,300.00 $ L,300.00 (d) 10 Inch Diawter, 10 to 12 Faat Desp, 10 Feat in Length 1. Each $ 3,200.00 $ 3,?00.00 3. Point Repair at Service Connection 5 Each $ 1,500.00 $ 7,500.00 ~. Raplaca Sanitary Sewer pipe Owar 15 Faat 1n Iwngth: (a) 8 Inch Diueter, 0 to 6 Feet Daep 655 L.F. $ 40.00 $ 7.6,200.00 (b) 8 Inch Diawcer, 10 to 12 Fsac Deep 72 L.F. $ 65.00 $ 4,690.00 5. Raplaca Sanitary Service Connection at Ntin and Reconnect Service Lateral : (a) 8 Inch z 8 Inch x 6 Inch, •Oye' 12 Each $ 150.00 $ 1,800.00 6 - R DIVISION 'C" (GORI'D) 8505-13-01 I Da i tion Qua tit Unit Price Amount 4. Remove and Raplaea Yith- in ElLgibla Pay LSaita: (a) Basa and Asphalt !!1111 Pawwnt (Type II - City S[zee t) (b) Bass and Concrete Drivavay (c) Sodding A 5. Concrete for Encasements and Specials: 6. Quality Control Testing: 7. Construction Photography 125 S.Y. $ ?5.00 $ 3,1?5. 00 38 S.Y. $ 22.00 $ 835.00 53 S.Y. $ 2.R5 $ 151.!15 S C.Y. $ 150.00 $ 750.00 L.S. $ 2.500.00 L.S. $ 750.00 A TOTAL. LSE BID - PAB2 2 CSECTION D) $ 52JL2. OS BID SCEEDIIL -PAST 3 f5lCTION E) Est. Unit I tam De ri ion Wantit Uni[ Pri Amaune !T 1. ~ Sitework: Furnish ell materials and aquipsanc tueassary co parfors all ~ surface siuvork as specified and as shorn on CM contract docvwn[s to perform and complete the pro]act, including but not 1Litad to ra location and rainsullation of all culverts, andvalls, mailboxaa, £aness, utility shads, railroad ties which conflLct with the parforn- anc• of this rock. York not included under this bid item shall include the reagval and replacamant of aspi.alc pavement, concrete 6rivevays, and euib and gutters, and all sodding required. L.S. - S - $ 1R,000.00 DIVISION Ein SONlD •C' (CONi'D) OL? - PA_ei 2 (SECtION D1 8505-13-O1 Est. Uni[ ~ Iten Descriotien Ou /ry ll it Price Amo ' 1. Sicavork: Furnish all ' satarlals and aqulpsrnt H neusaary Co parfors all surface siterork as specified and as shorn on the contract doeuven[s co parforn and eosplata the pro~see, including bu[ not lisited to ralocatlon and re ins ~allation of all culverts, andwalls, aailboxss, fences, utility sheds, railroad ties vhieh conflict with the perforn- , anea of this vork. Work not ' included under this bid Stee shall include the reooval and replaceuent of asphalt e pavement, concrete driveways, 7l end curb and gutters, and all sodding required. L.S. $ 13.,000.00 /// 2. Sanitary Serer Pipa Point gapairs: (a) B.Inch Diaaa tar, 0 to 6 Feat Dsap, 9 10 Faet in Length B Each $ 1,2-00.00 $ ?,500.00 (b) 8 Inch Diaawseer, 6 to 8 Faat Daep, ' 10 Faet in Lngth 10 Each $ 1,50x.00 $ 15,OOn. 00 (e) 8 Inch Diane ter, 10 to 12 Fast Daap, 30 Feet in Length 1 Eaeh $ 3,000.00 $ 3,000.00 i 3. Point @epair at Service f Connection 2 Each $ 1,500.00 $ 3,000,00 - 6 - . ,,. DIVISION •C• (CONT'D) 6505-13-01 Est. Unit Item Deserietion Quantity Unit Price Amount 6. Lining of Existing Pipelines: Indlcats Method of Lining B.lov: _Itu ituforn X U-Liner - General Slip Lining (a) 6 Inch Diameter 0 to 6 Faet Daep 335 L.F. $ 45.00 (b) 8 Inch Diameter 6 to 8 Feet Deep 363 L.F. $ 45.00 (c) 10 Inch Diameter 0 to 6 Faet Deep 604 L.F. $ 49.00 (d) 10 Inch Diaw ter 8 to 10 Feet Dsap 197 L.F. $ 49.00 7. Reconnection of Existing Ssrvlu Laterals After Linin 16 6: Each $ 210.00 8. Remove and Replace With- in Ellgibla Pay Limits.: ~) (a) Dasa and Asphalt Pavement (Type II City Street) 135 S.Y. $ '-5.00 ~ (b) • Base and Concrete Drivavay 250 S.Y. $ 22.90 (c) Concrete Curb and Cutter 17 L.F. $ 15.00 (d) Sodding 730 S.Y. $ 2.95 9. Concrete for Encasements and Specials: 5 C.Y. $ 150.00 .~ 10. Quality Control Testing: L.S. I 11. Construction Photography: L.S. ~+ i TOTAL BASL BID - PART 1 (SECTION C) - 3 - t ,.Je $ 15,410.00 $ i 1fi,59A.00 $ i 29,sgfi.00 '. $ 0,553.00 ' i $ 3,7RO.n0 $ i 3,375.00 $ 5,500.00 i i $ 255.00 $ 2,OR0.50 i $ 750.00 $ 2.500.00 $ 1,nnD.nn $257,592.50 I~qm .. _.__. _. _._..... DIVISION •C' (CONY'D) I 8505-13-01 '. ~ Est. Unit 7r~A D acziotion Ouanti [v Unit Price Amount '~, ' 2. Sanitary Sewer Pipe Point !I Repairs: (a) 8 Ineh Dimeter, 0 to 6 Feet Desp, '~~ 1 10 Feet in Length 1 (b) 6 Inch Diaxter, 0 [0 6 Feet Deep, li Fes[ in Length (c) 8 Inch Diametnr, 6 to 8 Feet Dsep, ~ i ' 10 Feet Sn Length (d) 8 Ineh Diaxter, 6 to 8 Feet Deep, 15 Feet in Length (e) 10 Inch Diameter, 0 to 8 Feet Deep 3: Point Repair at Service Connection 4. Replace Sanitary Sever ' Pipe Over 15 Fset in Length: (a) 8 Ineh Diameter, 0 to 6 Feet Deep (b) 8 Inch Dimstsr, 6 to 8 Feet Deep 1: (c) 8 Ineh Diameter, 8 to 10 Feet Deep S. Mplaea Sanitary Service Co~ection at Nain and Reconnect Service Latezal (a) 8 Ineh x 8 Ineh x 1 6 Inch, •Hye• i~ 15 Each $ 1,'!70.00 $ 18,000.00 2 Eaeh $ 1,500.00 $ 3,000.00 9 Eech ~ $ 1,690.00 $ 14,400.00 2 Each $ 1,900.00 $ 3,900.n0 1 Each $ 1,300.00 $ 1,300.00 2 Each $ 1,500,00 $ 3,0n0.00 31 L.F. $ 40.00 $39,240.00 79 L.F. $ 45.00 $53,055.00 20 L.F. $ 55.00 $ 1,In0.00 28 Each $ 150.00 2 - $ 4,?00.00 1 ,. ibis Ss the Proposal of: Engineer's Opinion of Coat •_ DIVISIOp MAJOR SEWER REHABILITATION - PHASE III SECTIONS "C", "D", "E" AND "F" SdO PROJECS N0. 8505-13-01 ATLANTIC BEACH, PiARZDA October )^. 1990 .C" "Confidential" PROPOSAL ApD BID FORM (Submit is Duplicate) To: Ciry Manager City Nall q Atlantic Beach, Plorida 32233 ~, Pursuant to and in compliance with your Invitation to Bld dated October S, 1990, the Imtruetions to Blddsrs and other documents relating thereto, the undersigned hereby proposes to £urnish all labor, equipment, materials and incidentals necessary £or the construction of: Major Sever Rehabilitation Phase III, Seetlom "C", 'D", "E" and "F", 56G Project No. 8505-13.01, Atlantic Beach, Florida, as nquirad by and in attic[ accordance with the contract documents, schedules, drarings and all addenda, if any, issued prior to the date of [his Proposal aC the prices lie tad herein as follows: sass PID - PART 1 (SCCTIOp C) Eat. Unit Item D zi ti Quantity Unit Pri Amount 1. Siterork: Furnish ail mtarfals and equipxnc necessary Co perform all surface sitework as specified and as show on the contract documents to perforn aM complete eha prof ee0. including but not ,~ limitM_ [o relocation a:ui reins tallation of all culverts, andralla, mailboxes, fences, utility sheds, railroad ties 7 i rhich conflict with the peiform- ante of thin work. Work not ~ included under this bid item ~ shall Lnclude the removal and replaesmmt o£ asphalt pavawnt, concrete driverays, and curb and gutters, and all sodding required. L.S. ~~ _ ~ _ 9 a 5 36,000.00 SMITH AND GILLES PIE ENGINEERS, INC .os. orncc 9 . sv3e J/.C eeOrv~iLL E. ELO RipA 32201 '90 ~I )~J'6950 Oczobez 24, 1990 Mr. Kim Le inbach City Manager City of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Subject: Engineers' Confidential Opinion of Cost Major Sever Systsms Rehabilitation Phase III Sections C, D, E and F SEG Project No. 8505-13-01 Atlantic 6eaeh, Florida Dear Mr. Leinbach: We are pleased to transmit by copy of this letter our confidential opinion of costs for the above referenced prof ecc. This opinion of cost is being given to the City prior to the caking of bids on the subject project in order to give the City some basis on which to evaluate _the bids received with respect to fair market value. Our opinion of cost has been based in part on the costs reflected in the bids previously received on this project, on recent bids on projects throughout the state and on anticipated increases in costs associated with the Trench Safety Act, which vent into effect in Florida on October 1, 1990. Furthermore, we anticipate that the low bidder will perform all lining of sewers utilizing the U-Liner process. We have tried to be conservative enough in our opinion of cost such that the low bid on the project will be under our estimate. Based upon the above, it is Smith and Gillespie Engineers' opinion that the project cost will be approximately $664,500. Should you have any questions concerning this or any other matter of which we may be of assistance, please do not hesitate to contact our office. Sincerely, / ~vg Q.s.....~ rt.~~i ~Y't) Benjamin David Avery, P.E., ASIA SMITH AND GILLESPIE ENGINEERS, INC. BDA/sle Enclosure cc: Villiam 1. Gulliford, Jr., Mayor Mr. Glenn A. Edwards, Coa®issioner Mr. Robert S. Kosoy, P.E., Director of Public Servi<es Hr. iim Townsend, Utilities Plant Director s Revision Na. 1 to Addendum No. 4 Agreement for Water System Improvements October 17, 1990 - Page 2 All other items and conditions of the Agreement remain unchanged. CITY OF ATLANTIC BEACH GEE fi JENSON E-A-P, INC. William I. Gulliford, Jr. James S. En lish, P.E. Mayor Senior Vice President /O-i9~~Q Date APPROVED AS TO FORM AND CONTENT Attorney JSE:sd GEE 8 JENSGN .. c-•-•: :... •~.. .. „-.. •. .: REVISION NO. 1 TO ADDENDUM NO. 4 GEE~.IE/ISON AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER SYSTEM IMPROVEMENTS CITY OF ATLANTIC BEACH g~ the following to the app.opriate paragraph of this Agreement: '. A. SCOPE OF SERVICES - BUCCANEER WATER MAIN IMPROVEMENTS-PHASE I 1, ct n d noineerina Services, ... and additional design and plan revisions to alter alignment of the e" water main within an approximate 1550 LF utility easement vest of the Mayport Road right-of-way. 2. Survevina Services, plus additional surveying of a 30' x 1700' proposed utility easement west of the westerly Mayport Road right-of-way. B. ITEMS TO BE FURl7ISHED BY THE CITY AT NO EXPENSE TO THE ENGINEER Furnish ... all ownership and title work, including legal services, required to obtain a permanent 15' utility easement and a 25' construction easement for approximately 1700 linear feet along the westerly Mayport Road right-of-way. C. FEES TO BE PAID For Item 1 of the Additional Scope of Services, Standard Pnnineerinc Services, the ENGINEER shall be paid an additional lump sum fee of EIGHT HUNDRED AND NO/100 DOLLARS ($800.00). Por Item 2 of the Additional Scope of Services, Survevina ~, Services, the ENGINEER shall be paid an additional lump sum fee of TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00). E190 F3ellun Rosa ~ Smto 310 ~ J2c~»R/I!N, liege 32216 • 4~E,~I509 ~ fN 'YJ<%236~6rn0 CTTY OF ATLANTIC BEA® CIlY COMMISSION MEETING STAFP RepoRr AGENNA IY@l: Revision No. 1 to Addendum No. 4 Na[er Main Improvements Phase I - Buccaneer SOffiIT® 8Y: Harry McNally, Buccaneer Division Chief Robert Koeoy, Public Services Director DATE: 10/1'/90 NAG[f~0O®: After the initial surveying vas completed on Mayport Road for this loop which goes from Pan Am Plaza to llayport Trace, it vas found that there vae not room in the exls[ing utlllty eaeemen[ for this 8" eater main. Ne have asked the property owera for an easement so [hat ve can supply water service to their property and this additional survey work moat be completed so that ve can continue with this project. EECO!liHO)ATION: Authorize consultant, Gee A Jenson, to be paid additional cos[ of 53,300. ATIAC~Y$: Copy of Gee S Jenson Revision No. 1 to Addendum No. 4 relative toyab/.owe subj ec[ BE9IEJ® BY CITY MANAGER: ~~<~~_~~~ II II ~. AC@mA II'0t NO. ~ - Y'1 ~= CITY OP ATLANTIC BBACB CITY COlBfISSION MEETING STAFF REPOR7 AGEImA ITffi: Replace blades on aeracor for cank i2 at Buccaneer Sever P1anC SOBQTT® BY: Barry McNally, Buccaneer Division Chief Robert Rosoy, Pubilc Services Director DATE: 10/17/90 We have contracted vi[h PBM Contractors Tnc. [o replace bearioge on the tro brush aerator a[ Che Buccaneer plant. The it plant's aerators have been removed and repaired. Ne have removed the i2 plant brush aeracor and have found chat the blades are corn out and must be replaced. P!!B Contractor's Inc. have given us a price of 58,356 to made the necessary repairs. These repairs have [o be made ri[h the aerator out of the tank and because the cork is being done [o the aerators ac this cime, is could be coat effective to have the blades replaced nov. NE(p!)IFJIDATION: Recommend chat the work be done at Chia cime to save cos[ of repair later. ~//y~/A] ATfAL'BI~ITS: None ~~~/ A~ NEYIEWPD ffi CITY NAHAG~: T ~ G••/KKf7-~~///// // AGELmA ITEM No. b G Y ~': 51Q26'02" NEST, A DISTANCE OP 55.87 FEET; THENCE NORTH 17002'15" NEST, A DISTANCE OF 280.60 FEET; THENCE NORTH 1706'1'/" NEST, A DI9TANCE OF 527.21 FEET; THENCE NORTH 2309'59" NEST, A DISTANCE OP 805.89 FEET TO THE POINT OF BEGINNING. CONTAfNINC 67.8 ACRES, MORE OR LESS. THE ABOVE LEGAL DESCRIPTION IS BASED ON SURVEYS AND MAPS FOR 'f HE AREA AHD DOES NOT REPRBSENT A FIBLD SURVEY. HOATWRIGHT LANG SURVEYORS,INC. LEGAL DESCRIPTION FOR: The Haskell Company A PART OF GOVERNMENT LOTS 1, 2, "/ AND 8, SECTION 8, TONN3HIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCP.IBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39 PAGES 22 AND 22A OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY) THENCE NORTH 01042'10" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF MAYPORT ROAD, (STATE ROAD A-].-A, A 100 FOOT RIGHT OF NAY AS NOW ESTAHLI9HED1, A DISTANCE OF 1340.37 FEET TO THE POINT OF CURVATURE OF A CURVE CCNCAV'F. EASTERLY ANU HAVING A RADIUS OF 5679.58 FEET; THENCE 40RfHEAS'"ERLY ALONG THE ARC OF SAID CURVE AND ALONG 9AID RIGHT OF NAY LINE, A DISTANCE OF 216.27 FEET, RAKING A CENTRAL ANGLE OF 02010'54" HAVING A CHORD HBARING OF NORTH 00036'43" WEST AND A CHORD DISTANCE OF 216.26 FEET; THENCE NORTH 88017'50" EAST, A DISTANCE OP 210.00 FEET TO THE POINT OF HFI;I VNING; THENCE CONTINUE NORTH 88017'50^ EAST, A IIi ST.~Na:2 OF 60.23 FEET; THENCE NORTH ALONG THE ARC OF A CURVE CUAGAVE NukTHP.A ~TERLY AND HAVIYC A RADIUS OF 5379.58 FEET, 5A(U CURVE L'f INC 300 FEET EASTERLY OF AND PARALLEL WITH THE EASTELaL'I RIGHT OF WAY LINE OF SAID MAYPORT ROAD, A DISTANCE OF 532.35 FEET, HAKINO A CENTRAL ANGLE OF 05040'12", HAVING A CHOSO PBARING OF NORTH 03026'09" EAST, AND HAVING A CHORD DISTANCE OF 532.14 FEET TO THE NORTHERLY LINE OF SAID SECTION 9; THENCE NORTHF.~STERLY ALONG THE NORTH LIRE OF SAID SECTION 8, A DISTANCE OF 973.87 FEET TO THE EAST LINE OF SAID GOVERNNENT LOT 2; THENCE SOUTH 01008'25" EAST, ALONG SAID EAST LINE OF GOVERNMENT LOT 2, A DISTANCE OF 137.52 PEET; THENCE NORTH 85053'39" EAST, A DISTANCE OP 751.37 FEET TO THE WESTERLY RIGHT OF WAY LINE OF 9ELVA HAHINA DRIVE, (A 100 FOOT KIGHT OF NAY A9 NOW ESTABLISHED, FORMERLY OLD SHERRY DRIVEL; THENCE SOUTH 04006'21" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 891.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHBA31'ERLY AND HAVING A RADIUS OF 2914.79 PEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND 9AID WESTERLY R1CHT CF WAY LINB, A DISTANCE OF 640.66 FEET, MAK/HG A CENTRAL ANGLE OF 12035'36", HAVING A CHORD BEARING OF SOUTH 10024'45" EAST, AND A CHORD DISTANCE OF 639.37 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 16041'57" EAS'C, ALONG 9AID RIGHT OF WAY LINE, A DISTANCE OF 125.43 FEET; THEtICF. SOUTH 89041'39" WEST, A DISTANCE OF 937.19, FEET TO TNP. WEST LIRE OF GOVERNMENT LOT 8; THENCE SCUTN 89039'22" WEST, A DISTANCE OF 105.81 FEET; THENCE SOUTH lea/ KIMIAM ROAD SUITE "D" ~AeKSONVaLE oEACN, cLORroA a:xso TELEPHONE xn.esw EXHIBIT A ", -~ Plase Type or Print in Ink Application Fee o7s. 00 APPLICATION FOR 'USE BY EXCEPTION' Dale Filed~~ppipjp~~~_)9~0 ___ Naee and Address of Orner or Tenant in Poeseesion of Preaieee~ Naval Continuing Care Retirement Foundation, Inc. __________________________________ Phone 111 Riverside Avenue_ Suite 200 296-9900 cr 791-4770 __ _____ ___________ Mork _________________________ Jacksonville, FL 32202 223-1634 -'----------'-----------'---------- Nowe~ glrse! address and legal deeaription of the prawiees ee to rhich the •Uee by Exoeptien• le requested, _ One F1egC._E$R31J19..A411L~YdLd.. Atl+ilL~~F .8~16IL_F3.._j1,233__________________ _ Legal description attached. __________________________________________________________________ A deeaription of Lhe •Uee by Exeeption• desired, rhioh shall epeoiiSoally and partieuLrly deeeribe the types ohareole:r end extant of the proposed •Uee by Exoeption•t _ Sale and use of alcoholic beverages._____________________________ _____ 9peoiiie reeeons rhy the applieant feels the request should be grented~ _It has alvayg begP_SDS_3DS2At_Df_F1Pet_Landiag_tQ_HECYe_alc¢halic_______ _be~ ecayes ae an in_t_egral_pact_Qf_SLE_LEZIfl3tlGDal_a¢d_di¢i¢q_sec¢ices___ _programa_ae described in the application for chancie in zoninq___________ ________________________________________ ______ _claaeification_dated__J_u_ne_1_7 ,_1_488. The application _d_i_d__n_o_t_ s~,ecifically mention the sale and use of alcoholic beverages. Fleet Landing is for the private use of Ste resident and their guests. The facilities are Zoning Classifioelions____________________________ closed to the public. 8lgnaturr of eppliaent/applioent•s ne ur• of orner oS the property. eulherized spent or sLlorney. IS lioation cannot be processed apen! or attorney, inolude leltsr ithout orners signature. Sree appliosnt to that Kieot. i Applioanit Do nok~ll-in beyond this point. Norever, he prepared to respond to the iolloring itewn ~, ea•mdar•~c,• C ~lrY on W Cvwaa (CECI USN ~1. CL~ L.W®aR ($:.I USN (Rill. FLEE `~~1~DI1~G Distinguished Lifetare Living for the Retired Military Officer September 27, 1990 Re: Fleet Landing City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, Florida 32233 Dear Sir: Can F,Enw AK!/r. iii ~ SNR.Rei Lap rNJ'Ctl¢"~M. uSN;?ei ~RO~~~~,R•~ Ctl J HR..a~U,rn '.SMO;Rr1 MOM R Byw~ FMb,. V$n iRai G0. y.'R^.R MMV(p~ L$N (R%1 L•p F.epe,q ~ yaam b5N ;=.e, i elyyp, R Y.ya ? A Thie is to confirm that Thomna R. Brennen ie our authorized agent for the development of the Fleet Landing project. Sincerely, /YYJ RAD o9 ph L. COle~SN (Ret) Pr dent Ne 1 Continuing Care Retirement Foundation, Inc. VPr/1003 2405 Mayport Road • Atlantic Beach, Florida 32233 • (800) USA-USN-7 • (904)296-2322 ~:' ,~ ~,, ~ ~. CITY OF ATLANTIC BEACH CITY COMMISSION REPORT STAFF REPORT AGENDA ITEn: Consideration of an application for "Use by Exception" filed by the Naval Continuing Care Retirement Foundation, Inc. for the sale and use of alcoholic beverages at the Fleet Landinq development. SUBMITTED BY: Thomas E. Bowles, P.E. Dizector, Community Development DATE: October 17, 1990 BACKGROUND: In accordance with the Zoning and Subdivision Regulations, Section 29-63, Use by Exception, the Community Development Board at its October 16th meeting heazd the request of the applicant. The Board, Sn a 5 to 0 decision, recommends appzoval of this request with the condition that the sale of alcoholic beverages be limited "within the site of the club house, pool deck, and attendant recreational facilities." RECOMMENDATION: ATTACHMENTS: I. Application fox "Use by Exception" REVIEWED BY CITY MANAGER: ~ // ~, AGENDA ITEM b increased salary restructuring and the obvious enhancements to your benefit plan. The advantage to the employee is the ability to buy, on a voluntary basis, additional benefits with pre-tax dollars. In summary, our firm's recommendation is to accept the 9.7! rate increase and expand the voluntary benefits of the Cafeteria Plan for effective dates of January 1, 1990. : We appreciate the opportunity to be of service and are ready ' to answer any questions you may Rave. . Sincerel illiam C. K zman WCK/kaw -:, __ . When we examine the claims experience we find your case has performed well with no claims over 510,000 and no serious medical conditions apparent at this time. Although these results are favorable, they represent a relatively short time period of January 1, 1990 to September 30, 1990. When we tie these three factors together, the requested increase of 4.7t is extremely fair in today's marketplace. Our last step was to compare your requested renewal rates with other companies in the public and private sector. Your renewal rates were in line with those cases we examined and reasonable based on our general knowledge in the marketplace today. The option to accepting the rate increase is to competitively bid your case. We feel this would not be in the best interest of the City at this time, for the following reasons. The City has had different health carriers for the last 4 years. The City needs to demonstrate a pattern of consist ancy in their group insurance coverage. We do not feel competitive bidding would yield rates any lower than the requested renewal. During our meeting re got the impression the City and its employees were satisfied with the level of service provided by Blve Croas/Blue Shield. Changing insurance companies (BMO) would require a percentage of your employees to change physicians and also has a hidden administrative cost associated with changing health insurance companies. Tt,e other subject xorthy of discussing is your "Premium Conversion Cafeteria Plan". This plan was implemented on January 1, 1990 to allow the restructuring to a pre-tax basis of employee contributions toward eligible benefits. TLe only benefit currently in your Cafeteria Plan is the group insurance. The City should examine the feasbility of implementing other voluntary benefit plans Such as voluntary term life insurance for the employee and family members, disability income coverage and other eligible coverage. The advantages to the City are further reductions Sn payroll turdens due to ~. i Rodriguez Ccnlsul[ing Gmup, Inc. RISK MANPGEMENT October 11, 1990 Mrs. Maureen King City Clerk City of Atlantic Beach Atlantic Beach, FL 32233 Dear Hrs. King: This evaluation pertains to your group insurance program insured by Blue Cross/Blue Shield of Florida. Me have reviewed the existing coverage and rates and compared those with the requested renewal action by Blue Cross/Blue Shield. Our recommendation is to accept the 9.78 rate increase and renew the coverage with Blue Cross/Blue Shield for the period of January 1, 1991 to December 31, 1991. There are several factors that influence our recommendation which I will outline. Standard Underwriting Principals. Renewal undewriting is based on three basic factors: 1) Clalms Experience; 2) Trend (inflation); and 3) Age and Sex Demographics. Claims Experience or the relationship between the amount of premiums paid and claims paid is taken in consideration and will represent roughly, 908 of the renewal rating decision. Another factor is the performance of other companies your size in the geographical area with the same type of coverage. Trend or general inflation in the medical care delivery system plays a big part in determining your renewal rates. Trend in the HMO sector is averaging in the range of 128 to 158. Trend in the PPO coverage 3s averaging 188 to 228. The last factor used renewal underwriting is to examine any adverse change in)the overall age/sex makeup of the group. It seems y~ase has maintained its average age and therefore this did not have a negative impact on your group. a2a1 BayrMaaoxs RoaO • Suiw i • Jxksarvi9c, FL 3225] • 90N i31 ~:8/6 sin e..•. n.ru•M[rw• nPOI>rrAlrn•Jx~wn/r.l~]irM last n,•tw, • FAK ((pq 77b-0171 f+Ax NO.~ 2~f'7- .2 Z y 3ENTLEMEN~ wE ARE SENDING YOU VIA TELEFAV ~~ TOTAL PAGES: L Strop dnwin`s U Pnnte l~ Flane U Samplef U SpeciGutlona :7 Coq of letlar ~!'Chen`e oMer L an x0. T' ocaceivnox .. THESE ARE TRANSMITTED as cneckad bNOw: for approval G Approved as submitted ! ! RuubmR _copies for approval U For your use L: Approvq as naW G SuMnit __ wpip for distribution I' Aa reRueated C Returned for corrections i-1 Relum_ correctad pinta U For mlw and comment _. IDS DUE 19_ R B f' F O C fHtINTS RETURNED AfTER LOAN 70 US ~~ -- -- yy ~~ ~r rt lr REMARKS~L'~ ~- ~r p / i~ ...1 _. ~ //'' / .~.: ~~ Lf ~ li r ~r[.tJ~_ b rt a ire / ~f f.OM TO_ SIGNED: v~ II moNwm vI Mf a tiN. a1N11 ^NNI • II MM6 1. ffll~"( ~iC1111~4fu1~4QC~ ff~~~ r- r k (Inswnions tm rtverse sides No_ 27 ~, PRUIEtt: Section "H" ImPTOVCments pATGU)'ISSUANC'E: OWNER: dty of At7 ent7c Reach 716 Oteen Hlvd. (Noce, P,0. Box 25 Address) Atlnntlc Atvsch, vl. 32233 CONTRACTOR: Banco-puval Engineering, Inc. OWNER's Prajea Nu. 75R7 WS]aon R7 vd. ENGINEER: Jacksonville, F[. 32210 Besaent, llemmeck, 6 Ruckman, Inc. CONTRAL7 POR: paving, Dreimge, Water b Seucr ENG]NEFJI'a Projcd Nu. 58604.08 You arc d'voN[d to mate lilt fdlowing changes in the Contcacs iloeuments. ~~~; Extension of contract C1mc. . Purpose of Change Order: Extend contract limn for time lost at stare of Protect due to pcrml[s nOt being issued nn aeheduln and to rime ]nxt to redrsi gn due to ssnesrpccted ground condi[ione. Atta[hments: 113stdocuments suPMning change) C CHANGE IN CUNTRAC7 PRICE: CHANGE INCON-TRACT TIME: OngirW Convect Price Origimd Cunln[I Time s~~10-~R4-75 ~Fn 4fu. an, Rerioua Chance ONecs No. io No. Nn [hinge Wm rreriuua Change Urders T 30 Yn Contra[! Ikiee p[ior to this Chartge (hder Cortrut Time Prior to shin Chxrtge Ocdcr 390 S rnwaa Nn Incrcue (dKmaK) dshis Change ONer Net Incrcnsc (decrcasc) of this Clwnge Order s 0.00 7p am Control Prig wiU all aDDrove0 ('hinge ONcrs Cnntrxt Time with all approved Change Ort)ers 1 460 rn.wa RECOMMENDF.O: APPROVEU~ ApPRUVED: C_' 1DCDC Nu. 191 &Bllvg) - rtbnl heOarM ar ur Y.ayM{n' l,.m temnn txcuxm, t'wunnirr.N cmYV.N M ria ~•vwwN rns.at C.Nr..w..{ iMeria. c. g- ii ~ a.~o 9 i' CHANGE ORDER N0. 22/MATER 6 SEVER SECTION 'N' IMPROVEMENTS PAGE ITEM QUANT ITY UNI7 PRICE AnOUNT DELETE 6` PVC Water Ma1n SO LF 5.70 (205.00) DELETE 4' PVC Mater Main 50 LF d.30 (215.00) DELETE 6' Tapplnq Valve 1 EA 1,270.00 (1,270.00) i Sleeve DELETE 6' X d' Tapplnq Valve 1 EA 1,085.00 (1.005.00) 6 Sleeve DELETE Incidentals 1 LS 270.00 (270.00) A00 6' PVC Water Hain 530 LF 5.70 3,021.00 ADO 8' % 6' Tee 1 EA 190.00 190.00 ADO 6' Tee ~ 1 EA 170.00 170.00 AOD 6' % 4' Tee 1 ER 168.00 168.00 AOD 6' Gate Valve 3 EA 330.00 990.00 RDD 4' Gate Valve i EA 206.00 206.00 AOD 6' P1Q9 1 EA 105.00 105.00 A00 Incidentals 1 LS 470.00 470.00 (Barco eark-up, en9lneerinq) TOTAL FOR CHANGE ORDER N0. 22 t2,275.00 w iv ~ ' ~. fJ ~ ~.- w....,.,a. „aacmntai memo loll i•.~v..... I A'^t• ~~~ y:.'/) is J ^"' BL111CQ~~V I~ Engineering Inc. F7o~1da 322143533 • 904 / 772.1313 LETTER ~ TRANSMITTPL To: Bessent. Hammack 8 Ruckmen 7900 Corporate Square Blvd Jacksonville, fL 32276 Date ?0/18/90 Jco 3213 Attn: Wallace Sanders Sud;ect Section 'H' Improvements WE ARE SENDING you: xX pt.ached Stems: Shop DraMings ^ Print ~_ Specifications ^ Plans ^_ samples ____ Otner Under separate cover the following Copy of Lettet XX Change Order TFE.rc ARE TRANSMITTED 0.S C:-ECKED 6QOW: XX For Approval _ Approved as Submitted _ ReSUtmit_ Copies for apov. _ For your use _ For Review ~ Comment _ Supmit, Ccpics for Distri. _ QS REquested _ ~ Returned fpI COrreCabn ~, RetUn` Cprre^_t Prints Approved/Noted Other _ For 81ds Oue 19~ Prlnts Returned after Loan to us. Remarks: SiGNEO ~Qfth4 1. aINK' FQrC~.S Maitha L. MOpre-FeriiS CC: ^~~ - Ilnswcuom on rcvene sid0 No. 77 (r e v i s r A l PROTECT: S8Cti0n 'H' Improvements DATE OF ISSUANCE: OWNER: City of Atlantic Beech IName. 716 DCean Rlvd. Addressjp'0. BOx 25 Rtlantic 9eacn, FL 32233 CONTRAC70A: Barco- Duval Engineering, Inc. UWNEA's Project No.~ 7587 Wilson Blvd. JaCkSOnville, FL 32210 ENGINEER: Bessent, Harrmack 6 Rtx:kmen, Inc. coNTRACr POA: paving, Drainage, Water ~ Sewer ENGINC•[R's Pmjecs No. 50604.14 You ue dirctted t0 make she following changes in the Contract Documents. Descripsion: Reroute water mains oh West entl of Levy Rtl. between Main St. G Jasmine St. Purpose Of Clan{e Order. Auachmenu: (List docunwnss supporting changcj gee attached drawing CHANGE IN CONTRACT PRICE: OrigirW Consnct Price nR4 J5 5 3 SID CHANGE IN CONTRACT TIME: Ongirnl Contracs Time 360 DAV° , , r...r Previous Change Orden No. w No. S Nn change from previous Cnange Orders Consracs Price prior to Nu Ch+mge Order Conuazs Time Ptbr s0 snis Change Order Nes Increase {pggs{p>ta of Ihfs Change Order 1 2,275.00 Nes Increase (decrease) u(shis CFwn{e Order rn Consracr Price with all approves Change Orders 5 Comncs Time with NI approve) C'ha~e Orden . _. a..rr RECOMMENDED: APPROVED: APPRC~ED: ~ I' by ~ Enero __ ' t'v ~nir. bE cw..,.. tlC'UC NO. IYIPB-B IY&J EJiuunl r<ruN e. ~n< E.pa.n' 1..,. Ce.~.au Pxum.n~, Cumm~~ee a.u.M~...u n. flit •sw..,.~ twv.y Crn~~w~w. ~J nme.+• Page Seven Minutes of Special Commission Meeting October 15, 1990 mt to ezceed ;3,000 with the condition a report on Phase IV be preamted to tbe Ci[y Cas.isaiaa on Movember l2. The ancion vas aecvoded by Ccs.isaioner 4eldon and on roll call vote, ras unanfaouely aPProved. The City Manager asked how the City Commission wished [o proceed to select [he financing team. Nr. Gol lahon said they were representing the CI[y in [he capacity of financial advisor and would no[ ac[ as underwriter but had made recommendations in that regard. Nayor Gulliford inquired whether the city vas bound by the Consultants Competitive begot cation Acc or any other criteria in the selection of the finance team and the CS[y Attorney responded that he vas not aware of any such provision. Mayor Gulliford referred to Mr. Gollahon's letter of October 5 and pointed out [hat in his opinion the fee quoted by Cee S Jenson vas very high. Mr. Burton said the engineer's report would include a certain amount of project definition and the fa<t two bond Issues were involved he felt the fee may be reasonable. After further discussion the Caa~isaioner Yeldoa awed to authorise the City Namager [o amlyse the proposals amd megotia[e agreeaeata rit6 the various fires w Che finmce teas a~ preamt reco~endstiom at the nest mvetfag of the City Comaisalon. The antioa vas seeomded by Coamisaiocer Cook and vas unaniaously approved. Before adjourning the meeting Mayor Gulliford said he had personally seen the deplorable condition of [he vacant lo[ adjacent to the Royal Palm Theatre and asked thaC [he Code Enforcement Officer be directed to notify the owners and if necessary, ha-ue city crews clean the lot and place a lien against the property. Coaalsaioaer Cmk reported [hat Louis MacDonell had complained to him about "For Sale' signs being placed on city property all over tow. The City Manager was instructed to check into this and see that the law is being enforced equally for all. There being no further discussion, the Mayor declared the meeting adjourned at 10:20 PM. William I. Gulliford, Jr. Nayor/Presiding Officer A T T E S T: Maureen Kinq, Ci[y Clerk ~. Page Six Minutes of Special Commission Meeting October I5. 1990 Commissioner Cook asked why the Cicy Commission could not have been kepc informed of progress being made by [he financial advisors since they were authorized [o proceed with [he work. The City Manager responded that it had taken until now co review the city's current debt service and come up with [he recommendations now being presented. The Mayor pointed out in Che Buccaneer or Oak Harbor issues, [he city had not had any input in the selection of [he any of [he Financing team and he asked Finance Director Royal to provide each Commissioner with a copy of the charges involved in [hose issues. Mr. Gollahon said their objective would be to clean up the old deb[ so the [icy could borrow new money at reasonable races and allow the city to move forvard wish the improvements to [he system. Mr. Burton said at this time they were seeking authorization io proceed with Phases TII and IV cf their contract. The bond counsel, underwriters, engineers and auditors needed Co be selected and authorized to proceed. Mz. Burton said their report on Phases III and IV would be submitted to the city before they would be asked Co approve [he issuance of Che bonds. Coamissioner Sieldon moved to aathorize Burton and Associates to proceed with Phases III a~ IV of their proposal dated Sulk 26, 1990. The stotioa vas not seconded and discussion costim,ed. Discussion ensued and Hayor Gulliiord said he felt Phase IV should be completed before Phase III vas undertaken and Mr. Burton said both phases needed to proceed simultaneously. Under Phase III, in [he even[ no bonds were issued [here would be no paymenc due Burton and Associates for that phase of the agreement. Mayor Cu lliford said he wished Co confirm that work would commence under Phase III once authorization was given, but payment would be limited co 53,000 [o cover incidental expenses in the event no bonds were issued. Mr. Burton said the ocher members of [he financing team, which would include bond Counsel, undervri[er, engineer and auditor, needed [o be selected. The engineer's report would be required [o be in the official statement [o the bond buyer to verify chat the sever system will be able [o operate [o support the revenues. The other members of the financing teen would only be paid for [heir services when and if the bond issue closed. Public Services Director Bob Kosoy and Comaunity Development Director Tom Bowles presented a draft of projected capi cal improvements based on future needs. Tom Bowles spoke to the matter and said [he lies of improvements had been compiled in cooperation wi [h Narry rcNally and Tim Townsend and it vas [he opinion of the scoff that items A through G were essential and needed co be undertaken immediately. Ne estimated the improvements would cost in the neighborhood of 510.6 million. Co~iasioser Tucker moved to authorize Burtoo S Associates to move ahead with Phase IV at a cost no[ to ezceed 517,900 and Phase III at a coat Page Five Minutes of Special Commission Meeting October 15, 1990 system revenues to any nev money deb[ issues. tle explained the savings which could be realized by phasing water and sever capital improvements e[ a maximum cost of ;5 million per year 1991 through 1993 as opposed to one SIS million issue, and the benefits of moving ahead with the first refunding issue before the end of this year. Janes Gollahon, Vice President of A.G. Edwards 6 Sons, reviewed [he city's outstanding debt on each of the Buccaneer, Oak Marbor and CI[y systems. Proposed refunding would be ac a lover interest rate and would combine the three water and sever systems as one issue which would be split into three parts to allow for comparisons with [he current funding. Mr. Gollahon also provided an exhibic illustrating the benefits of issuing three ;5 million bond issues over 1991, 1992, and 1993 versus issuing one ;15 million bond issue in 1991 vh ich, he said, would allor [he city [o take advantage of [he arbitrage rebate exemption available to small borrowers. Be suggeaced spreading the total financing for new money and refunding over thirty years to level out the deb[ service. This would alloy [he city Co pay for the new improvements aver [he expected life ok the sewer plant. The city Could pay Che bonds off early if i[ so desired but not before the first call date which rould probably be eight years. A typical penalty for paying off the debt early would be about 2Z in the eighth year, 1Z in the ninth year, and no prepayment penalty after the tenth year. Mr. Gollahon explained in some detail "windor refunding" rhereby the refunding dab[ could be extended to crenty or chirty years and the new deb[ of later issues would fill in the one to cwenty year window. This rauld reduce [he interest expense and, even with the new borrorings, would minimize [he annual cash flor rhich directly impacts the rate 6CL000Ure for future revenues. Coo.iesioner Weldon asked Mr. Burton [o what year he would recommend moving the refunding. Nr. Burton responded the refunding would go out probably in years twenty to thirty and [he new money to expand the syeten would be in the years one to twenty, thus lessening the total payments. Commissioner Weldon referred [o Mr. Burton's letter of October 15 and inquired what funds would be used to pay the refunding debt if total system revenues would be used to pay off nev money debt. Mr. Burton explained at some length hor this would work and said a rate increase would probably be necessary to generate sufficient revenues to cover the additional debt. He said by pledging total system revenues, the city would be able [o get better terms on a nev loan. Commissioner Edwards inquired rhat kind of rate increase might be necessary and Mr. Burton said that would be the firs[ task of the rate study. Page Four Minutes of Special Commission Heeling October 15. 1990 A question vas also raised about the maintenance of the ditches and the expense involved. Nayot Gulliford reported that at this time [he city did not own the proper equipment but may have to consider purchasing such equipment. At this time Hayor Gulliford called a five minute recess. Mayor Gulliford reconvened [he meeting and directed attention [o Item No. 1 on the agenda. Coaniasiwer Cook sowed to valve the delinquent fee. the notiw ran aecwded by Cas•isaiwer Fdvarda. - Discussion ensued regarding whether payment should be received by [he due date or whether a postmark by the due date would be considered timely payment. Since the envelope had not been retained there vas no way [o determine when Pic N' Save had mailed [he payment. the quea[iw vas called and the ^otiw carried w a 4 - 1 vote with Coaadaelwer sucker voting Hay. In further discussion it vas determined a policy should be established [o determine whether "payment" meant that the city must have receipt of payment or whether a postmark by the due date would be acceptable. After further discussion it vas decided to put this matter on [he agenda for the next regular meeting when a policy would be established. 3. FinaaeLl advisor's report and cwaideratiw to proceed: a. acceptance of Bartw and Associates report, Septeadier 26, 1990 b. refunding certain current debt c. approving suggested finance team d. Phase III and IV of cwtraet with Burtw and Associates Mike Burton of Burton and Associates introduced Hike Kuhn of the firm of A.G. Edwards d Sons. M[. Burton presented a letter with recowenda[ians and reviewed this material in detail with [he City Commission. Ne explained that refunding the existing eater and sever debt would result in savings [o [he CS[y in the neighborhood of 152,000. He recommended refunding these Ss sues, not only for the savings but Co facilitate [he issuance of new money debt by allowing [he city [o pledge the total Mayor Gulliford confirmed that each Commissioner had received a letter frw Pic N' Save requesting that [he delinquent penalty on their occupational license renewal be waived. Ns. Brown indicated that the payment had been mailed on time but Che Post Off ire had been 'tardy in their delivery. Page Three Minutes of Special Commission Meeting October 15. 1990 After a complete discussion of [he matter Coamisaioner Weldon moved [o gran[ Mr. Bratcher'a request for additional time to paraue altermtive drainage plena provided plans are submitted to the city and Bill Laytw of Beeaenq Bat.ack i Buekmsn, sad the St. Johns Qivet Water Namgemen[ District no later than fifteen days from Chia date and [bat resolution vwld take no longer [has thirty days from this date, subject to agreement by the cwtractor, and provided this would result 1n ao additional coat to the city. The motive was seconded by Cammiasiwez Tucker. Mr. Howell asked for clarification as to where work on the project vas to be stopped and it vas determined work would be stopped on both sides of the street on Tenth Street, the north side of Ninth Street, and Sn front of Hr. Bratcher's property on Camelia Street. The queatiw ras called asd ras •• --+~••-ly approved w roll call vote. Before proceeding to other agenda items, Mayor Gu lliford afforded others in the audience an opportunity to bring questions or concerns before the Commission. Jane Bemett and Ms. eryent presented pictures to demonat rate the depth of [he of the ditches on Camelia. Mr. Howell explained the depth of the ditches was measured from the croon of the road. Some of the properties were built up and where property vas two fee[ above the road grade, a two foot ditch was a<tually four feet below Che elevation of the property. Ne said [hey were aware of the problem and ve re attempting to resolve [he matter. Ms. Bennett also presented a pets tfon from the residents of Camelia S[ree[ to [he Commission expressing concern about the safety hazard [he ditches presented and asking [hat the city do something to alleviate the problem. Hr. Layton vas asked to review the problem areas and report back to the City Commission at the meeting of November 12, 1990. Ma. Bennett said she had been authorized to speak on behalf of Joseph Williamson who owned property on Jasmine Street. She reported he would be willing to sell two lots for use as a retention pond. However, it vac felt the property was designated as wetlands and could not be used for [his purpose. A resident of West Fourth Street inquired why some streets had curb and gutters and others had ditches. Billy Howell explained decisions - regarding the drainage were made during the public hearing process. In response to a question from another resident, he explained the different tynes of drains and reminded the residents no assessments were made for streets or drainage as the city vas paying for this. Judy Causey, 276 Camelia Street, complained of the retention ditch in front of her hwe which she ras told would be [valve feet vide and Mr. Layton vas asked [o Check into [h Ss. Page Tvo Minutes of Special Commission Meeting October 15, 1990 Bill Layton, Director of Lan] Development Engineering with Bessen[, Hammack S Huckman, the engineers for [he Section H project, the "V" bottom ditches were bid at 53.00 per foot which vas lover than [he bid Hr. Bratcher had apparently received for curb and gutter. Mr. Layton referred to the ditch which vas proposed on Orchid Street to compensate for the elimina[ior. of ditches on N1n[h and Tenth S[zee[s. He indicated that [his ditch wculd be about one foot deep and could hold water for thirty-six hours if required, which, in his opinion, would saturate and cause damage [o [he nub grade of the street. For this reason all the d itches were designed to be below [he grade of the street. Commissioner Weldon asked what further steps they would consider taking in the even[ [he Water District did no[ approve the proposed plans and Hr. Eakin indicated he find not discussed alternate plans with Hr. Bra [[her. City Engineer Bob Kosoy, said he had had indications [he review of [he plans by the Water District. could take up co ninety days. He also pointed out [hat this project had been bid cu[ and awarded co Bazco and that regardless of additional quotes, parts of [he project could not be contracted out to another contractor. Billy Howell said the time frame vas i¢por[anc because the project vas already running behind schedule and further delays would result in penalties to the contractor. A further consideration would be that if the contractor had anticipated being finished using certain equipment and could ochervise move this equipment to another job, having to keep [his equipment on the site would result in additional expense [o [he contractor. He felt hr. Bra[r_her needed [o be willing [o pay the additional cost, if any, which resulted from his redesign. Mr. Eakin, however, said since it vas impossible [o know what costs would be involved he would noC expect Hr. Bratcher [o "sign a blank check." Mayor Gulliford also said he felt the matter of the utility lines on Ninth and Tenth Streets needed to be researched to see that they r-e re properly permitted and accepted by the city. Commissioner Cook inquired who would be responsible if additional expenses should be incurred. Mayor Gulliford responded that the motion provided [hat no additional expense could be incurred for the city and in [he even[ no one else vas willing to pay, [he deal would be off. Caa®issioner Weldon inquired whether, in the even[ [he Water District approved the proposal, the city would have the authority to reject it. The City Attorney pointed out no approval vas being granted this evening. Mr. Bratcher vas juse being given thirty days to pursue the alternate plan. As with all changes co the original plan, it would then have co come back to the City Commission in [he form of a Change Order for final approval. MINOTES OP THE SPECIAL MEETING OP ATLANTIC BEACd CITY COlMISSION HELD AT 7:30 PN ON MONDAY, OCTOBER 15, 1990, IN CITY BALL, A7IANYIC BEACO The meeting vas called [o order by Mayor Gulliford. Present in addition [o [he Mayor ve ze Commissioners Cook, Edwards, Tucker and Weldon. Also present were City Manager Leinbach, Pinance Director Royal and CSty Clerk King. Attorney Paul Eakin stated [ha[ the Bratcher family lives on Tenth Street. They own twelve lots on Tenth S[ree[ and aix lots on Ninth Street, as well as some lots on Camelia St reel. Mr. Eakin said water and sever lines had been installed on Ninth and Tenth Streets some years ago by Mz. Bratcher and approved by the city. In order [o dig the dltchea as proposed 6y the proj ec[, some of the water and sever lines would have to be taken up. Mr. Eakin explained that Mr. Bratcher vas proposing an alternate plan to install curb and gutters instead of ditches along hLS properties. Ne realized this plan would have to be approved by the St. Johns River Water Tlanagemen[ District and he requested the City Commission to instruct [he contractor [o work in another area of [he project in order to alloy the engineer time to prepare the plans and review of same by the Water District. Mr. Eakin assured [he City Commission [hat [his review by the Water District would not cause a delay in [he overall construction of [he Section N project. Commissioner Tucker pointed out that Mr. Bratcher owned property on only [he north side of Ninth Street and she inquired how the installation of Curb and gutter on [he north side of [he scree[ would affect [he overall drainage in the area. Buck Spellings of the engineering firm of Connelly and Nicker, said he had been corking on the proposal to eliminate the roadside ditches on Tenth St teet and felt there vas enough property [o create [he same volume of ditches along the easterly right-of-ray oa Orchid Street. Be had not had an opportunity, however, to closely review the Ninth Street proposal. Billy Novell, Section N Proj ec[ Manager, said in [he planning stages of the Section d project the city held several public hearings and a cost of ;31.84 per front foot vas established. Mr. Eakin reported Nr. Bratcher received a quote of ;4.00 per foot for curb and gutter and based on [he information he had received, he felt curb and gutter could be cheaper than digging ditches and would save the city the came of having co dig up and relocate the utilf ties on Ninth and Tenth Streets. A[ the request of the Mayor, Item 2 vas taken out of sequence and acted upon first. Page Seven Minutes of Morkshcp Meeting City Commission and Community Development Board October 3, 1990 Mayor Gulliford referred to [he suggestion that the city include a policy which addresses beach front lighting restriction for the protection of sea turtles. The Mayor said he vas opposed to passing an ordinance to regulate lighting and the City Manager said the city had reviewed the lighting and now had sodium vapor lighting along the beach. Tom Boyles pointed out amendments to the comprehensive plan were limited to two per year and that the Florida Regional Planning Council vas initiating a charge in order [o recover costs of rev ieving local government comprehensive plan amendments. These costs were detailed in a letter to Mr. Boyles and would be in [he neighborhood of ;5,000.00. The City Manager reported that he and Mr. Boyles were planning co attend the nezt meeting of the Florida Regional Planning Council. Mayor Gulliford inquired whether Che Northeast Florida League of Cities had addressed [his issue and [he City Manager reported the Northeast League was forming a committee [o receive complaints and concerns regarding comprehensive plane. Mr. Parks reported that the Florida Regional Planning Council's comments included no objections [o Che plan but had listed a number of things which they felt ve re missing from the plan. After a full discussion on the Matter Mr. Parks said he would meet with city staff regarding other matters and if he felt a further meeting with the City Commission vas required he would arrange this with the City Manager. There being no further discussion, the Mayor declared the meeting adjourned. Maureen King, Ciry Clerk ~_•,_ Page Six Ninu[es of Workshop Meeting City Commission and Community Development Board October 3. 1990 Gullifard suggested Nr. Parks contact the Corps of Engineers regarding beach renourishment. 5 Does the c'ty R ee to rewrite hurricane evacuation analysis... Mayor Gulliford reported chat according to state mandate hurricane evacuation vas a county function. Hr. Parks said he had information regarding the number of people to be evacuated, the hurricane shelters, without which he felt [he plan would not be accepted. The plan also needed to include information on how the city would coordinate its plan with the other communities. Nr. Parks said [he plan provided for a 12-hour evacuation and the City Nartager said in the hurricane plan recently developed by city staff, evacuation time had been estimated a[ 24 hours. I[ vas pointed out the only evacuation route which had been designated by the county for Atlantic Beach, had a low area vhlch vas sub]ect to flooding during a minor storm. The city had made numerous attempts to have the Department of Transportation rectify the problem and had aggressively pursued the construction of [he Mondervood Expressway, both of which would facilitate [he speedy evacuation of the north beaches area. The City felt is had taken what steps i[ could to alert the appropriate agencies as to the problem and to date had had no success. 8 Mho[ does the city agree [o state as its future debC capacity? Mr. Parks said DCA required the city [o slate vnat it would use to determine what the maximum indebtedness of the city would be. The City Manager poln[ed out Che city had employed the services of a financial consultant whose input would be used to make such determinations. 30. The Concurrency Management System... Mr. Parks recommended the city should carefully read what the city staff would be required [o do to meet the concurrency requirements. Ne said it would place an added burden on Che staff [o keep records and make the required annual reports. Discussion then ensued and Mr. Parks explained the definitions of goals, objectives, and policies as provided in rule 9J-5. The Hayor inquired into the procedure to be followed after the city responded to DCA objections. Mr. Parks explained that if DCA did not approve [fie amended plan [hey would send representatives to meet with Atlantic Beach officials to negotiate to resolve the matters in question. If Chose negotiations ended in impasse, a hearing officer would be selected ro review the matter. k.._.:._ Page Five Minutes of Norkshop Meeting City Commission and Community Development Board October 3, 1990 proposed development in areas outs ide the city boundaries which would affect Atlantic Beach, eg. development that would increase traffic on Atlantic Beach streets and roads in significant amounts [o prohibit the city from issuing building permits. Mayor Gu 1111 ord said he had considered [he idea of [he formation of a new county encompassing [he beaches communities. He said this would provide for better control of some aspects over which the city currently has no jurisdiction. 8. Capital Improvement Program: Mayor Culliford said this vas an annual function of the City Commission which vas based on staff revlev and recommendations. Mr Parks said this annual plan would need to be submitted to Tallahassee. Having discussed all [he items on the lint prepared by Tom Boyles, Jlm Parks said he also had prepared a list of matters on which he required direction by the City Commission, copy of which is attached hereto and made a par[ hereof. Some of these matters had been included in Mr. Bowles' list and had already been addressed. 1. The density desiRnatlons of the ocean front Dropertles... This matter had been discussed earlier. 2. Does [he city agree with the comprehensive plan statements [ha[ [here are no siRnif scant needs for redevelopment in [he city? Mayor Culliford explained the city's plans to set up a non-profit housing authority which vauld be used to fund low interest mortgage rates [o rehabilitate existing homes or construct new homes in Che Donner Park area. The City Manager also explained Atlantic Beach vas currently rehabilitating houses with CDBG entitlements through the City of Jacksonville and chic would continue through next year. Mr. Parks suggested including a statement to the effect city staff would analyze and complete a report to the City Commission by January 1992 on [he feasibility of establishing a low interest loan pool, and chose present concurred in this suggestion. 3. Does the city agree with the new language added that the city would perm![ mobile homes... Already discussed. 4. What 1s Che status of [he beach renourishmen[ program antlcipa[ed For 1989? Commissioner Weldon said the City of Jacksonville had indicated the beach renourishmen[ would begin after [he winter storm season, and Mayor ~---- - ._ Page Four Minutes of Workshop Neeting City Commission and Community Deve lopmen[ Board October 3, 1990 With reference to critical resources and habitats for threatened and endangered species, Nr. Parks said they had included a long list of what species could be in the area but [his vas not acceptable to DCA. He said DCA had asked for a list of endangered species and habitats actually present. After discussion it vas agreed to request the Audubon Society to do such a survey and that Greenpeace may also be helpful. 5. Recreation: Mr. Parks said the DCA requested coordination between [he public and private providers of recreation facilities in the area and that [his should include a five-year inventory of such facilities. Ms. Blanchard had provided information regarding the facilities which were shared by the beaches communities, such as Atlantic Beach Elementary School, Beaches Aquatic swimming pool, Selva Marina Country Club, Nanna Pazk, etc., and this had been included in [he plan. IC vas generally agreed the city should not be required to survey private recreational facilities. Beach parking vas also discussed and Mr. Parks said DCA had indicated that Atlantic Beach vas not doing enough to provide parking at beach accesses. After discussion i[ vas determined this vas a regional problem and while the city agreed to work toward solving the parking problem, primary funding should be provided by the county and/or [he state. 6. Noosing: Mr. Parks explained [he comprehensive plan had projected population growth and DCA required [he plan to demonstrate that the housing needs of the increased population can be me[. Discussion ensued regarding mobile homes and Nr. Parks explained Chat DCA required plans Co Include affordable housing and would no[ approve a plan which would exclude mobile homes. In discussion it vas determined the city could include a provision that would prohibit mobile homes within the coastal zone. Nr. Parks also explained DCA required the City [o identify historic buildings and archeological resources and said grant funds were available for such studies. It vas agreed to contact Ellen Jensen of the Beaches Area Historical Society co see if that organization could be helpful in this respect. 7. Intergovernmental Coordination: Mr. Parks suggested the formation of a Beach Front Development Coordinating Organization which would be responsible for moni[oring Page Three Minutes of Workshop Meeting City Commission and Community Development guard October 3, 1990 against the city by many of the properly owners involved. Mr. Parks also suggested the city could prohibit construction seaward of [he <oaetal construction control line which would result in a reduction in density on those lots involved, but many of those present voiced strong objections [o this. After further discussion Mr. Parks vae directed to indicate that the city vas discouraging density along the north end of the beach and offered as evidence approval of projects such as Tiffany by the Sea which had considerably reduced the density without having rezoned the area. 2. Traffic Circulation: Mr. Parks pointed out the main traffic problem in the city vas at the intersection of Atlantic Boulevard and Mayporc Road. While Atlantic Beach had no jurisdiction over these DCT roads, traffic using this intersection would impact [he city and could be grounds for Atlantic Beach to deny building permits. Mayor Gulliford told Hr. Parks of the city's efforts to expedite the speedy construction of the Wondervoad Expressway and his personal efforts co have the flooding problem on Atlantic Boulevard just east of the Intracoastal Watervay bridge corrected. He Felt the state and [he county shared the responsibility for this problem. Mr. Parks said the plan should indicate that [he city would try to get the Metropolitan Planning Organization (HPO) to give this proj ec[ high priority co facilitate hurricane evacuation and because it does not provide an ac<eptable level of service. Hr. Parks said the traffic signals were not being maximized and he felt this vas one area which could be improved. 3. Utilities: Andy May reported DCA had objected to [he level of drainage services and Gee S Jenson proposed revising this to propose an interim level of service standard consistent with the St. Johns River Water Management District and it vas agreed to accept [his recommendation. 4. Coastal Management/Conservation: The Prench drains on [he beach were briefly discussed and it vas agreed this would be addressed in an overall drainage plan. In discussion regarding a program to reduce dune erosion, it vas pointed out the city had constructed dune overvalks where possible artd that one ras still in litigation. Hr. Parks said [hey would include language indicating the city would abide by the state statute which provides that [he public cannot be denied the use of access which has been used for many years. Hr. Parks stated Cha[ [he DCA required the comprehensive plan [o include a redevelopment plan in [he even[ of a severe storm and he said they had established a target date for development of such a plan of one year after Che land development re¢ulations are adnnred. =._.. Page 1t+o Hinutes of Workshop Meeting City Commission and Corumunity Development Board October 3, 1990 Level of Service - Degree of service (i.e. Capacity), provided or proposed to be provided by a facility (e.g. one playground per 2,500 population); and Capital Improvement Ptoxram - Means of financing and scheduling Capital improvements (i.e. Wastewater treatment plan[ expansion). Af car discussion, Mdy Hay said specific daces for implementation of the storm+ratet management program were not included in Rule 9J-5 and he suggested [he city use wording that would indicate the date for completion of the master drainage study would be as early as practical due [o the magnitude of the study and the necessity for establishing [he funding source. Commissioner Cook inquired whether it would be soffit Lent to have the design completed nr whether [he drainage system must be completed by the target date. Hr. Parks responded that DCA would probably accept a statement [hat [he city standards would be [hose of the SL Johns River Water Management District. He felt the state would alloy the city a reasonable time for planning and if the city vas willing [o commit to a 2-year planning time and implementation would be based on financial tapahility, and with systematic funding of improvements, it could extend over a S - 30 year period. After discussion it vas decided 1995 vas a realistic goal for planning and development of the stormvater management program and this dace should remain unchanged. Discussion then ensued regarding natural environmental features and Hr. Parks pointed out is would be necessary [o identify all the unique natural environmental features such as forests, marshes, etc. in Atlantic Beach. The Hayor said he felt Carl Walker could be helpful in this area. Hr. Parks said he wished to clarify what would happen if after the city adopted the plan it did no[ meet DCA requirements. He explained the plan would be rejected by Tallahassee and DCA representatives would come to Atlantic Beath to negotiate a Stipulated Agreement regarding the city's plans to change the plan [o make it acceptable to DCA. My further work on the plan must be in the form of a formal amendment with [he appropriate public hearings. Mr. Parks said he felt important features would be environmental issues and affordable housing which would mean alloying mobile homes. He felt excluding mobile homes from the city would result in rejection of the comprehensive plan. Discussion [hen ensued regarding density standards and Mr. Parks pointed out [he Growth Management Sca[u[e and 9J-S both require coastal communities to discourage populations from locating in coastal high hazard areas and to direct populations away from such areas. He pointed out current zoning alloyed high density in some areas along [he northern coastal areas of the city and he asked if the city would wish to consider down-zoning that area to reduce Che density. After brief discussion it vas determined this would probably result in legal action MINUTES OP TBE VORKSHOP MEETING OF THF. ATLANTIC BEACH CITY COMMISSION AND CO!!lDNITY DE9EIAPMENT BOARD BELD IN CITY BALL Ai 7:30 PM ON YBDNPSDAY, OCTOBER 3, 1990. PRESENT: William I. Gulliford, Mayor AND: Robert B. Cook Adelaide R. Tucker, and John W. Weldon, Commissioners AND: Community Development Board members: W. Gregg McCaulie, Chairman Johnny D. Bass Ruth Gregg Samuel Hoyie and Kathleen Russell AND: City staff: Kim D. Le inbach, City Manager Alan C. Jensen, Cicy Attorney Maureen King, Ci[y Clerk Tom Boyles, Community Development Director AND: Gee 6 Jenson representatives: Bill Armentrou[ Jim Parks, and Mdy Nay ABSENT: Commissioner Edwards had a prior engagement and vas excused. Community Development Board members Louis MacDonell and Don Nolfson were absent. The meeting vas held for [he purpose of discussions between the Ci[y Commission and [he Community Development Board relative to the city's comprehensive plan. Mayor Gulliford Called the meeting to order and asked Tom Boyles for his comments on the matter. Mr. Boyles presented a list of Comprehensive Plan Elements and [he City's commitment under each element, copy of which is attached and made a part hereof. He reminded those present the plan needed to be submitted to Tallahassee by October 31, 1990. The items were discussed in the order listed. I. Land Use• Mr. Boyles reported the Department of Community Affairs (DCA) required the city to include a provision for stormvater management and preservation and conservation of natural environmental features. Discussion ensued relative to the city's proposed s[ormva[er management program and the Mayor pointed out the fee would be levied before the program vas implemented. Mr. Boyles said he felt the SHIM bill should be reviewed to see what vas required. Nr. Boyles explained three key words which must be kept in mind when considering the comprehensive plan were: Concurrency - the necessary public Facilities and services to maintain the adopted level of service; F E~` #. ~:"' CITY OF rQtlaArtle Seaels - ~loaufn ]I6 OCEA9 BOL'LF.YARD ~_. _-- _- _ . --_.. P. O. BOX 26 ATWNTIC BEACH, FLORB)A 32231 October 16, 1990 Don Ford Building Official/Code Enforcement Officer Atlantic Beach, Florida Dear Don: During a special meeting held on October 15, 1990, City Commission eapreeaed their concern in regards [o the condition of the lot located in the vicinity of the Royal Palma Theatre. Specifically, it vas noticed how unkempt the property has been including debris, weeds, and general clutter detracting from the overall area. I am accordingly asking you [o investigate as soon as possible and effect remedial action in accordance with our codes and ordinances. Additionally, comments were made relative to the parking lo[ itself, ie. potholes, deieriora[ing asphalt, and [he like. I would like you to investigate whether our codes, regulations, or ordinances enable the City to compel [he restoration of such parking lots to a level approaching that when originally constructed. In other words, does the City of Atlantic Beach have the authority requiring a business co refurbish or reimprove a portion or portions of [heir site development plan as approved by our government several years ago. I suggest you contact Tom Bowles and perhaps Alan 7ensen to determine Che legality of this possibility. Thank you far your assistance and please advise this office of your findings as soon as practicable. Sincerely, ~m D ~ Leinbach City Hanager KDL/ds[. cc: Honorable Nayor City Commission Hembers City Attorney Community Development Director ~;_ CITY OF 1Qtlastle Gcae! - ~ld¢irfa ~I60CF.AN BOULE\'.ARU y._____._ -_ __ P. O. BO%26 ATLANTIC BEACH. FLOHB)A atzaa TELEPHONE X900 2<4?]% October 16, 1990 Don Ford Building Official/Code Enforcement Officer Atlantic Beach, Florida Dear Don: During a special meeting held on October 15, 1990, City Co~isaion eapreeaed their concern in regards to the condition of the lot located in [he vicinity of the Royal Palms Theatre. Specifically, it vas noticed how unkempt the property has been including debris, weeds, and general clutter detracting from the overall area. I am accordingly asking you to investigate as soon as possible and effect remedial action in accordance with our codes and ordinances. Additionally, comments were made relative to [he parking lot itae lf, ie. potholes, deteriorating asphalt, sad the like. I would like you to investigate whether our codes, regulations, or ordinances enable the City to compel the restoration of such parking lots to a level approaching [hat when originally constructed. In other words, does the City of Atlantic Beach have the authority requiring a business to refurbish or reimprove a portion or portions of their Bice development plan as approved by our government several years ago. I suggest you contact Tom Boyles and perhaps Alan Jensen to determine the legality of this possibility. Thank you for your assistance and please advise [his office of your findings ae soon as practicable. Sincerely, Kim D:'Leinbach City Manager KDL/dsc. cc: Honorable Hayor CS[y Commission Hembets City Attorney Community Development Director 7 i i ~: ~- PASSED by the City Coamission of 'A[lantit Beach, Florida, this day of October, 1990. Yilliam I. Gulliford, Jr. Mayor, Presiding Officer Approved as to form and correctness: Alan C. Jensen, City Attorney ATTEST: Maureen King, City Clerk <:. ,. _ _ . , ._ eE,wLRTION reo-la s ePSOLVr1oN oP reE c1rT oP AruNrlc seACs OBGING CONGRESS TO AOOPT LEGISLATION TO REMOVE 1'NE RESTRICTIONS I14'OSED OPON TBE BELL OPERATING CO!lO:ANIES. iIaERPeS, affordable information services are no[ widely available to small and medium size businesses in our community, and 1BiPtRPAS, these information services would be valuable to the consumers and businesses of our community, and R+~EAS, the world trade balance in telecommunications equipment is deteriorating and foreign-based companies are increasingly strong in the American telecommunications equipment market, and tig-S•~, the basis of [he information age is the combination of computer and telecommunication technologies, and approximately 60T of the American telecommunicaf.ion industry is prohibited from participating under current restrictions, and ' vRERV.c, such restrictions are no longer needed as regulatory safeguards have developed [a protect against any potentially anti-tompetit ive activities in [he telecommunications industry, and 1N~3ye the present restrictions hinder the Bell Operating Companies in providing inEOZmation services, to conduct research and development for all telecommunications products and services, Co design and manufacture to lecommunica[ions equipment, and to provide long distance service, and 1i8ERPe5, communities Could benefit from an expanded pool of capital and erper[ise for research, deve lopmen[, design and manufacturing of telecommunications equipment which would be the result of a more competitive telecommunications industry. NOW TNEREPORE, be it resolved by the City Commission of the Ci[y of Atlantic Beath, as follows: Section 1. The League urges Congress [o adopt legislation to remove the restrictions imposed upon the Bell Operating Companies [o ensure its role in America's superiority in advanced telecommunications technology. Section 2. That the City Clerk shall cause copies of this resolution to be sent to Congressman Bennett and Florida's U.S. Senators. ' Section 3. This Resolution shall take effect immediately upon its final passage and adoption. 17~ank you for your consideration and of course if you desire additional infornat ion or direction, ve viii be moSC happy to carry out your direr[ Ives. Sincerely, / Kim D. Leirbach City Reneger KDL/dst. a... CITY OF r~tla.rtlc b~ - ~louda October I8, 1990 Honorable Mayor and Ci[y Commission Members Atlantic Beath, Florida Dear Mayor and City Commission Members: 160CFAN BOULF.\'ABU P. 0. 80X 25 ATLANTIC 9EACH, FLOADIA 32233 TELEPHONE IaD112~429% During your last regular City Coa®ission meeting, you asked chic office to iweatigate and recommend a policy in regards to payment of monies due the City when the same should be considered lace (this vas Sn regards ca the Pic-N-Save occupational license matcer). I believe it is advisable the Ci[y apply a policy standard for~all [he charges and fees we levy with a date for payment thereof. Chapter 22 of the Atlantic Beach municipal code, section 22-29 provides: "Bills for minimum artd excess voter will be rendered ac regular - intervals, buc the rendering of bills is not an obligation on the part of the City, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for ervice shall b d e d payable on the dace of billing and shall be d li qu [ thirty (30) days thereafter. As you can see, it seems-the clear intent of this section is co place the responsibility on our utility customers for payments due by the date of billing. I believe par[icul.arly for those entities doing business within our community, they should be responsible enough [o ensure that payment is received as a means to continuing business. Personally, I would hand deliver oz cause to be hand delivered my payment for an occupational license or other bill if I didn't think there would be sufficient time for [he mail to deliver my payment. Accordingly, I herewith recommend that ve adhere to the polity and procedure already escab lisped within our rode for the payment of occupational licenses, utility bills, and the like on the date due. PPDPOSPD Nq Tf 0000 COLLELTSOX FLOP CNA1T ~-1 I 1 1 I ... I hf:den :. ie ~-_~ I I I I I .. aes..:n 1 . e a I h, I •, ra l :ae!end I 1 n 1 aaeas: n d:'f 1 s I Pf>a:r . P.~b!:r I I a=sas ' I I I I I I v..~H I I 1 I I I 1 I i I I 1 a ~-1 ~~ I 1 1 P.il:s uvris I 1 I I!eiferones :arnnf: I I I I vd nburs rew.n I I iasMe: a:.fs I I 'I I I .+s: aec. r~ 1 le::c:o<Spenvreal 1 .+ptru 1 I .l: of soaas .vAm I I I I ne can I I I 1 aewr;ersan nm< I I 1 I ax I 1 1 i a / \ I I / \ I Mseanr adnW ro l I I I Fr! .F:!e \ I prvxrir !oared I I :.sellred ;.r, I .s /;.::ds e: a:ed :n\ ~F NO I .b;n ee:ds YY vub I I hceed aM I.--~ ~ (:'.. srrwer }- f 31 en sxunr a,r! er I+ I an:r;N I 1 nrar Yi% / \ I obrun. xmr J 1 I I I \ / I sax a mrxer ss I I I I \ / 1 nm mssble I I I I \ / I 1 I v iF;YES ~ i r--I / \ I I 1 / \ I I I / \ I I I / Is /on \ F O 1 1 ':.•RE:•er :o!!e:n I .r s \ ss:unrelY' / I aA;re ea4 I \ / I I \ / I I \ / I I V IFiYtS I-'-T I nest Nnr :s :toned I 1 s:5 !ar urA Yn:te I I voea ro h aeexsfa I I e and a m:1er Po I 1 b a!hshi threan 1 I m a canner !e N I 1 u:S!! Irf rh I I srrfn I t i ~--1 I I I I I iecr n tlnxa I i •sse:aal me .n: t! I I )e;aY by rM hrb 1 ! da• I I sxanfd e I I 1 I I W. CITY OF ~Qt(.artla b"eael - ~lo~rida 160CEAN BOULEVARD i ~_ ___ P. O. BO%25 ATLANTIC BEACH, FLORIDA amv ~-\ TELEPHONE 190112?'LN6 October 25, 1990 Dennis McClendon, President Jacksonville Beaches Lions Club Post Office Box 5!373 Jacksonville Beach, Florida 32240 Dear Mr. HcClendon: This is to advise the Atlantic Beach City Commission considered your request to conduct fund raising activities at the corner of Atlantic Boulevard and Pelwan Road on Saturday, November 10, 1990. Since the annual Florida/Georgia football game vil'_ be held on November 10 and traffic will be extremely heavy on that day the City Commission felt fund raising activities at this intersection could be both a traffic hazard and a safety hazard for those involved. They were, horever, happy to grant permission for the fund raiser to be held a[ that tocation on any day other than November 10. Ne regret any inconvenience Chis may cause. Sincerely, n~ ~~ City Clerk xc: Mayor and City Commission City Manager ~"-. ©. c~~uruc,~,zui/L~ ~ea~e~ ~iaie~ G'lu~i- aszo 319 Lions Road P. o. Box 51373 Jacksonville Beach, i=lorida 32250 October 2, 1990 Mayor / City Council City of Atlantic Beach 916 Ocean Blvd. Atlantic Beech, Fl. 32233 Dear Sir: The Jacksonville Beechen Lions Clab le planning to conduct a road block fund raining at the corner of Atlantic Blvd. and Penmen Boad on Saturday, November 10, from 9:00 AM to q:00 P1S. xe xonld like to have your permission to have members of oar club collect funds et tbis location. All funds collected x111 go to provide sight and hearing services to the indigents in the beaches aren. On behalf of the membership xe would like to ezprese our thanks for your cooperation in our community efforts. Please call me at 2q9-2012 if you need further information. Yours truly, JACKSONVILLE B$ACItES LIONS CLUB r Dennis McClendon President PROJECTED 1991 REVENUE Estimated Billing Units b,b00 Proposed Rate $3.00/Unit 6 Months Income $118,800 (April -Sept.) EXPENDITURES Operating $10,000 Setup and Master Plan 78,800 Contract Services 10,000 Capital Fund 20,000 $118,800 STORMWATER MANAGEMENT UTILITY PHASE 1: RATE STRUCTURE REPORT Prepared for the CITY OF ~laet~lc ~cau(- ~lott~la Prepared by C~/H1LL May 1990 GNV28998.A0 STORMWATER MANAGEMENT UTILITY APPROACH • Developed Property Generates New Runoff • A Measurable Service Is Provided ~. WHO PAYS? • All Property Benefitting from Stormwater Management Services • Include City-Owned Buildings and Associated Improvements • Exclude Undeveloped Property • Allow Credits After the Master Plan Is Complete INITIAL RATE CATEGORIES • Single-Family Residential ,1 ERU: 1,790 Sq. Ft. of Impervious Area • Multi-Family Residential: 0.6 ERU • Non-Residential: Impervious Area/ 1, 790 Sq. Ft. ERU =Equivalent Residential Unit. s~~-~~~ SCHEDULE First Reading Second Reading Prepare Billing Data First Bills Revenue Period (FY 1991) Oct. 22, 1990 Nov. 12, 1990 Nov. 1990 to March 1991 April 1991 6 Months CH2M HILL Professional Storm water Services Professional Services CI L'Vt t II I-I- n a 1 ul I-,cn i~ n~ on,u It- mg engi nrrnnl; n: m ;.;f 6 nmrr lL.m J.(Rlll om plue rr, w Dear ^I otlin. thnvphnul Ihr Lniu~l Sla0.+anJ ebmaJ. In Flonda. (! L\1 1111.1. maurfain, a ,tall ut almo,l -0Yi pvnplc orking out of olhu" in Urt•rhr9d Ik~adr, IS rct ]krn, (.ainc,cillr. Kee W'r,l, Url.urdu, and Tampa. CI L\I I TILL uf(vn a wmpiclc mngc ul pndc+.iunal ca pabililir+, ind udmg fhr following ,lurnneatrr m.magnmcnl cen'im.: • Sunecing and 1fapp;ng Facility Im'enhxu•e • Uala Sax Managrmrnl • Ih'dmlugic and lhdraulic 41t•leling • picld Sampling • Lahrca[urc Anah'w • lVa0.•r Qualify ~lrxlcling • [m'inmmrnlal Scu•ntt•+ • Wafer_.hed Masfcr I'lamting • f-mancial I'lannln~ tilonmsa0r Llihts I'ruy;ram, • ]h nnucalcr fa. ihtc Ur,•gn • AI'Dhti, tital. I'rnnilu nq • (undn;e flan ALmay;cnwnt Rrpulatun Koch-o dn.ll>rcclnp- nnmt • -fc.6ni~al Cnlrrid .uui l'n+rdurc \I,uwal, • (.rou nJ waR~r I.caluabun, 1 he lion', .. eAt m,uu r. e, e+pr: h hacc lxt•n pnn'id ing Leh nical s+,i+- I,inm nn aunm. alrr managrmm~t to gucernmenl and . onnnercial r lirnh for nurtc Than III cean. Ikt aux• of (heir ec[rn+icr e~Fx~rionco in 19unda, Ihec ere will coned in the +la le', uniyur rncirunmcn411 and goccrn- mcnfal i,wes. Additional Inlormafion If cuu nerd a highlc yualificxl, experi- enced .namwaLL•r mmul[ant to inh•rpn4 exiting sfarm•xa4•r regula- lino, applie atria lu I-lunch nrtu help pl.m fur .ompliamc with currrnl ur lutum ml;u taboo,. pleax .onlaet one of l I C\1 I IIL1.', ;. elor rt"uu re .ta tt li,lyd Ixinn. For add;bunal drta J, :m haw h. pmpam fur 1 he ce pa nd i nG ,tumnca4a mµ;lanon,, cuu can reyue,l Ihr ndlow ulg puhli~aliun. tram C I CVi I II I_I. trcr nl e barge H,~;;'Tul.e 61ct Um CL.illu;~r nl tl;t .C 1'I )(ti hry ul.;GOn, for tilnrrnuvfn f 1i~dn: rp. <. CI L ~1 I T I LL Technical pa Fxr I'mpartti tar the A,vwialiun ut Slate Flr~;rdplnin \Lmagers-June I4YII- Kntr Sburhur DnrA~prre~nt lm tifurrn;nrtrr Mern;Qnm rrt I/hh(y Billing. 1'nrocoMd be J.IL Scholl at the Crban Shemlca4•r Scmpusium, Cnicrni N~ ut Kenf uckc, Lexington. fuh~ Iv4f1- G~~n ~~ ~~ • Ga resole _- ~` ~ ~ F101100 5101MM/d!f EXplAf / Orlantlo OUc~ (•A111'Od MgrN 1'10. ,~ _Tampa Dseraeltl Beaeh AgusMn ~Odistany 305/4264008 ((\\J .f` FOR My6ss M1c6 MiGheau 813/2753121 .,~ ~: GOFfetflYB Jm SGwI 900/331-2442 F0n ~'°' S, - s~ P:en~e'9 Beac^~ ,,: Key West Ken Wioms 305/294-1645 ~. Orlvfdo TOm Sear 407/423-0030 TOrtfpO TYn FIOSSett 813/281-0777 i, 1 ~~' A ++atershaai appnrach to eddrtss- • ing sturms+ater problems is ennmr- uged, artd caxrrdinaliun lx•hva•a•n laral comprehensive plan dement+, Sl\'IM plans, anJ K'\1U .valet rt•+uunras plnn+is «•yuirrJ. • Tha•!ramcevrk fora future ~tnle Water full ~' is arotabli.had hr x4 new .cater yuelip' +tandnni+ for rtrriyinK .velar Mxlir+tu rnwn• ai hieccnxnt of Jarignah•al benAi- cial ux•e. NPDES Slormwaler Permffs The 14fS7 Chan N'a0.•r .\cl K]\SV amendments 4»kad the G ti. Enrinnr mental l'ndarGun Agency lEl`Al +cith ashthlishinK n naliumridc pa•rmitlinK program to addne+lwllution inmt +hrrtn+cnlrr Jischargo. Planned fur implementnliun in 14411, thi+pmkram .rill rzpanJ the existing Satiunal I'ullutnnt Uixhargr liliminn lion System (\I'DES) program h. to rget pollution a+vrinLLxl +rith dix ha rgc+ (rum sturm+rah•r oul(nlls. Cnder the ecpandrd program, hdrral permit. will ba• reyuired initially fur the hdlu+ving stormwatcr +astrm+- • Industrial aRiritiv+ • Cuunh' ur municipal .form x•wer systems in arras avilh 11111,000 or more paoplc • SLLrrmwatcr JischarKas that EPA has identified as amlributinK to a violaliur. of water yualih' slanJards County and smaller municipal +v+[ems that are nut induJad in the initial EI'A rxM1 1'DES stortnwater program grill alx~ t+e reyuired to obtain pa•rmit+by 1442. Pa•rmittinK rayuirrments will include a stormea h•r system inyenhfrv with Wsalinc data, hdlun'ad by monitoring and planning to impruyc existing stormwaler manaKumc•nl practin•+. Plans must be deva•lopad That include umtruls to reduce the dix harge of stormwahr pcdlutants to the maximum exlem pradiwbfe IMEI'). The m, nagr- mrnt plan. mu+[ also nJJnros Ihr Irgal. admini±trefivr, anJ financial aspacL+u(Ihe municipalih'++turm- +catcr amtnd program. fkt au+r the ry,.uxling +[a4• slormwntyr u~Kulation+am rxFxsta•af to br a++tringent n+ the \ I'UFy pniKram, aompl ian:c +cith .tale n•Kulalion+ 'uuld adtircr mo+1 ur all of thv S I'I )F] Ixnnit r. yui n•mrnt,. Action Plan Activities 1 hr \I'DEti and Ilurida +turnucatrr regulation.will myw rr.rrtam ncuon+ un the part of keel ~ uvenvncnt. \Ilhuugh Ihr nflr+an' whlr~t to n•c i+iun, Ihr ectn'ilie+ IiHrd lx~loac arc uitrrvd a+a iennc+aud Iur evaluating aurrrnl ~trntnratrr pmgmm, and for planning mlurr attic ilia+. • fa. ilih' inn•nlun- aridr mapping and +upfwrtinK data ha+r manag... steal • Incrnlnn' anJ angle+i+,.i cxi.ling M'd mlugieend hcdmuli: inlorma- tiun Encinmmrnlal a++reemvnt ul vxi+tin}; wetland area, nnJ ,urlau• water yualite monitoring • I'rep.tratiun and implcmm~tatiun of a ma+ler plan to Jefine the JoirrJ Iced ut x~n'i.c lyualilc anJ yuan- IihO, including +bum+cater trt•at- ment anJ flrxd control nlh'rnatica•+ • 1h•cdopment of additional tunJing xmrn•+, imcluding Jadicatad financing fur xhadulrJ (adtily maimenann• nnJ capital improzc- ment prupcb Creation or mrdihcahun of Leal +hrtmr.'nter management unlinannq+), along with ¢v hnical critcna and pnradurc guide n.r I'nrummenl of the apprupnatr stale anJ 6xieral +drtmwaler pa•rmih )lane citia•+anJ coo ntia•+Ihvmghuut 1-lunch arc alnadv engaged in Ihax• nRicliia•+. ,V a miNmum, oral gncernment++hauld 6egm the lazility incenlury leak, hrnux• i[ i+a•+r•nhal fur am' +ucn~JUl program anJ can tr• the mu+t ^me mn+uminK. A afmput- rrind Karographic information +vsh•m ICI51 mapping approach can M• uxdul Ln Ihi+ to+k. The creation of .. +yah•r yualih mununring program +huulJ alw k+a• armtden•J an n first step, hrausr resuhing haxdinc Ja6i will puree caluaMc a+ part o! an \PDE'.o application and in evaluating nceic~ ing w'aler standarJs x•1 l+v pUER. Port I Applicohon the o~=non pion oU . ~pc s idenrhea in llns brochwe Prowde me ~n;ormonon reGUned to complete me iwo part NODES permit arx+lconon process roe sformwofer as charges snows ot>a~ae 4' Ii mite) \15SN' program and i+arlively incokod in the Pluride Stormtcater Impn:ernu~nLmd \fanagrmcnt 1 SlA'IAU pn+g ranr. SWIM Program lire Ilurida 51\ 61 program wan :r. and in 1`rn? he the f-lurida Legi+la- tin. to pndeal .uxl ra~.h ne water yualitc in priuri«- vcaler h:dic++ta4•- widrend i+ unplrmm~lyd M' the K \] I h. llrc pru>;ram r.•yui«-+ the den-0apnn•nt ot:omprchen+ice realer- +hrJ menagenn+ll plan+to lunil the cttvcl ul ~.uin! end nunlx liar +our: r+uf pollution Ihruugh land u+c planning dnd +tumncalcr management Idcihp can+tru. tiun. 1989 Sformwaler Legislotion Stormwoler Tiealment Rule The 19orida titurm+rator'frrafmrnt Rule Chapter V-?+ul the l9nriJe AJmini+trativc Gxic 1 FA(l, tiara me cfhctier in IYx?and ddd n,+c*+Inrm- wa4•nluality impacts a+vxia4vl with new development. Fnhrtced by the Florida Ik•partment of F.ncironnn•n[al Kagulahun fPDP:K I, (-haptrr 17-?i standards arc dnignad 1u pnxn'c the dasignahd water quality charar[rri.- lio u( nnicing water Mniics. Then accomplish this g~ah in pa: t. by regwnng unsitc treatment of mi[ial runu(f from drveiupasl drainage areas. This runof(trpically contain+a high Ix~nrntagr ul the total nonp::inl +ourac nullutant load. Kav rnth', FUP.K Jrloga4vl onto«o- nsnl nI Ihr Slunmcalvr Tredhn..nt Kulr h. tour of the lice +latr water management J i.tnn+ i l\'111 h I. 'I hr Su wannar Kicer, SI. luhn+Kicor. Ssnrthwr+t Florida. anJ S.nrth Floods K'111T numnllV'rniane [heir own +hamwatcr n•gulalione, a+.. ell a+ lfanagemm~l end Sturagu u(Surlacr Water 1 VSSI\'t pmgram+, vchuh deal with runo0 y:rantitc. Although ShnmwaK•r Treatment Kule pa•rmrt- ting i+not delegated h+the Xurthn'est I9unda 1\'11U, the district has e •~n r .n..r z n.e••aa. sew.... ~:. :. ..-_ r•.+.+rr ..•.:pe .war m ~• >o•• sw=~a. u..p.. .,.. our a>,.,.. •cv.vrs pn. va>x W mEU. noo... Saeosimr y-ax :. - - In I`/.4•r, the 19undd Irgi+lelu«• pe++eai Senate Bill itilil {;y, which darilir+thr Slalr'+.Inrmwaler management godl+ anJ pn n'idc+a Iranu•wod Lrceddra•++- ing c+i+l ing +tunnwek•r pn:hlrnt+an kdluw+ • Formal n~p.:n+ihililir. trn caav uting the Slate tilnnnwaler I'n:grdm arc .+tahli+hed t.rt FDIfK, the l1'111T, and Laval guccrnnu•n4d unite. :\ to nding tmmcworA ten Nurm~ +cater management adivi[ia•+i+ r+tahli+hnl, in lading additional pnrcisiun+ tar Irkal +tormwa[er u tilinaro, nr +Fxrial ta.ing districts, to rand +hrrmwater management zcticities. It ako authorizas FDF,K to pnnidc loan+ to hwal gucrrnments. • Con+ishmcv hcnrarn the State Siurmwatcr I'nrgmm and the State Comprehvn+ive flan is nnluiml, and IrkrJ gucrrnmenf must consider the titale q'aler I'ulicv end regional *hrtmwat r criteria when preparing annpn•ha n+u'c plans. `:P~-P'ocu.:nea • Fach R'11D must .•+tablisha mle by ra?:e o;;.ogo Sucemkx~r 1, I`NN), requiring the srP-n;..~orr monitoring and mamlenancc of ma vP T ubry ~. ,turmwater m.magement +pslcros. ra-nnoloY~e, ro cm'•a'POru a -T tb•m a ~° co s': _ .~ .. . (y2f2n'iOn Pp^tl Sr~O.v^I:C'iJ ,..:1...•a ~:.. 5...'CO !).~ _^D S•ICP.].^.^'~ A Practical Guide to Florida "s Stormwater Management Regulations CF~~N HIIl Any customer or pmperty owner who feels that the s[ormwater management utility fee for (heir property has been assigned or computed incortecdy may petition in writing to the Ciry _ Manager ~ designee for a review of said charges. If not satisfied with the determination of the Ci[y Manager or designee, the petitioner may ask for a hearing before the City Commission, whose decision shag be final. Any crwAits suthorired by the appeal process shall be effective only agains[ billings during the cur[ent budget year. 8.0 SEVERABILITY TF any section, sentence, clause, or phrase of this ordinance is held to be invalid or ttttconstimtional by any rnnn of compe[en[ jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. All ordinances or pacts of ordinants in conflict herewith are to the extent of such conflict hereby repealed. . 9.0 EFFECTIVE DATE This ordinance shall become effective DATED this _ day of , 19_ 6 (7) Performance of all normal utility functions to include conswction, operation, and maintenance of the City's stormwater management system including, but not limited to, hiring of staff, the xlection of special consultants, the entering into conuacu for xrvices the purchax of lands and conswction of facilities, and the handling of purchax, leax, sale or other rights ro property for the stortnwater management system. (g) Issuance of revenue bonds for the purpox of performing thou duties as described herein. 3.0 CUSTOMER BASE The owners of all real property within the jurisdictional boundaries of the City contributing stormwater mnoff to andlor benefitting firm the stormwater managemen[ system shall pay utility fees as established by xpamre ordinance. Base fees shall apply to all properties within the City, including thox properties classified as non-profit or tax-exempt for ad valorem tax purposes. it shall apply to all government properties, including properties of [he City. 4.0 ENTERPRISE FUND A stormwater management utility wst fund, into which all revenues from uxr fees, connection charges, grants, or other funding sources shall be deposited and from which all expenditures related m me SMU shall be paid, is hereby established. Accounting and reporting procedures shall be consistent with Stare law and reported annually to the City Commission by the City Manager or designee. Expenditures from the fund for activities that are not related to the City's stormwater management utility shall not be permitted, except for a pro-ra[ed charge for general Ci[y govemment xrvices as is in effect for all other City utility operations. 5.0 BII.LING AND COLLECTION The method for billing and collecting stormwater utility fees shall be the existing City utility billing system. 6.0 SEVERABILTI'Y If any action, antcmx, clause, a phrase of this ottlirrance is held to be invalid ~ uttmnstitutionat by any court of competent jurisdiction, thcn said holding shall in no way affect the validity of the remainvtg poetioas of this ordinance. Alt txdinan«s or pans of ordinances in cotrtlitt herewith ate to the extent of such conflict hereby repealed 7.0 EFFECTIVE DATE This ordinttttce shall become effective DATED this _ day of , 19 GOAL: Adequate smrmwater drainage will be provided to afford protec[ion from Dooding and m prevent degradation of quality of receiving wa[ers. OBJECTIVE: 7tte City shall identify existing drainage facility deficiencies and correct them through provision of an efficient drainage system which will protect life, property and the natural environment a[ a cross consistent with the Public welfare. 2.0 UTH.TTY FS'TABLISHED There is hereby created and established a stormwater management utility, which shall be [he operational means of implementing and otherwise carrying out the functional requirementa of the simmwata management system. The SMU shall be tesponsibk for the City smrmwater management system and shaLL have equal status with the other udliry services provided by the City. 2.1 Directors Directors of the stormwater managemen[ utility shall be memlxrs of the City Commission. 2.2 Duties and Powers The sttnmwater management utility shall have all powers necessary for [he exercise of its responsibility for the drainage from all properties within the Ciry including, but no[ limited to the following: (1) Preparation of plans for improvements and betterments to the smm[water management system. (2j Construction of improvements and bettemtents to [he stonnwater management system. (3) Promulgation of regulations for the use of the srormwater management system, including provisions for enforcement of said regularions. (4) performance of routine maintenaztce and minor improvement m the stormwater marmgemeot system. (5) Establishment of individual utility fees for the connection and use of the stornwater management system. (6) Evaluation of water quality concerns for dischazges m the stmmwater management system. <; 1.3 Definitions: Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and m give this ordinance its most effective application. Unless specifically intended otherwise, words used in the singular shall include the plural and the plural the singular, words used in the present tense shall include the future tense. The word "shall" connotes mandamry and not discretionary; the word "may" is permissive. (a) City shall mean the City of Adantic Beach including staff and elected officials. (b) Drainage area shall mean the watershed area contribu'~irrg surface water runoff m the Atlantic Beach stotmwater management system. (c) Impervious area means any pan of any parcel of land that has been modified by the acfion of persons [o reduce the land's natural ability to absorb and hold rainfall. This includes areas tha[ have been cleared, graded, paved, graveled or compacted, or covered with strnctures. All lawns, huulscape areas, and gardens or fanning areas are excluded (d) Manager shall mean the Atlantic Beach City Manager or designee. (e) Stormwater management master plan shall mean a plan for receiving, handling, and transporting storm and surface waters within the City stormwater management system. (f) Stormwater means tha[ part of the precipitation [hat navels over natural, altered, or improved surfaces ro the nearest stream channel or impoundment; and that which appears in surface waters. (g) Stormwater management system shall include all natural and man-made _ elemenu used m convey stomtwater from the first point of impact with the surface of the eaM to a suitable outlet location internal or external to the boundaries of the Ciry. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, svddrolcs, detentioN retention basins, ponds, and other stonnwa[er conveyance and treannent facilities whether public or private. 1.4 Relationship to Comprehensive Plan: This ordinance implements the following goal,and objective of the Ciry Comprehensive Plan: R' (e) Water quality is degrading because of erosion and the dischazge of nutrients, metals, oil, grease, and other substances inro and through the stormwater system. (f) The public health, safety, and welfare is adverxly affected by poor water quality and Flooding resulting from inadequate smrmwater management pcacrices. (g) Real property either uxs or benrfits from the prexnce and operation of the stormwater management system. (h) Ux of the stormwater management system is dependent on factors that influence runoff including land ux and impervious area. (i) Florida Iacal governments have authority to establish a stortnwattr utility pttrsuan[ ro [he home rule powers provided in the Florida Constitution and Chapter 166 and Section 403.0893 of the Florida Statutes. (j) The Florida Legislature, through the adoption of Section 403.0893 of the Florida Statutes, specifically authorizes and encourages local governments to provide storntwater management xrvices as a utility function for which xrvice charges may be levied. (k) New and dedicated funding for the stomrwater management program of Atlantic Beach is needed and the kvy of a stortnwater urility fee is the most equitable method of providing this funding. (1) The federal Clean Water Act (33 USC 1251 et. seq.) and implementing regulations to be adopted by the federal Environmental Protection Agency (EPA) will require permitting of attain municipal xpante stormwater systems to ensure that minimum water quality standards are met (m) The cost of meeting federal EPA permitting standards is unknown at this time but could be subsmntial. (n) The establishmen[ of a stormwater management urility now will mitigate the unpact of costs associated with the adoption of municipal xpatate stotmwarer rystems petmittng standards by the federal EPA. (o) Adoption of a stornwater management utility program will generare revenues needed m implement the level of service (LOS) standards contained N the Atlantic Beach comprehensive plan drainage element and the capita improvemen[ element adopted in conformance with the tequitements of Chapter l63 Florida Stamtes. ~~ s ~. -~... ORDINANCE TO ESTABLLSH A STORMWATER MANAGEMENT UTILITY PROGRAM IN ATLANTIC BEACH, FLORIDA ORDINANCE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH (AMENDING OR CREATING CHAPTER ~ TO ESTABLISH A STORMWATER MANAGEMENT UTII.ITY PROGRAM, TO PROVIDE GENERAL PROVISIONS, DEFINE THE CUSTOMER BASE, CREATE AN ENTERPRISE FUND, PROVIDE FOR BILLING AND COLLECTION, DEFINE SEVERABILITY, AND PROVmING AN EFFECPIVE DATE. 1.0 GENERAL PROVLSIONS 1.1 Short TiOe: This ordinance shall be known and may be cited as the Stormwater Management Utility ordinance of the City of Atlantic Beach. 1.2 Findin&s of Fact: It is hereby found, determined, and declared as follows: (a) The Ciry of Atlantic Beach maintains a system of stone and surface water management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention bazins, infiltration facilities, and other components as well az natural waterways. (b) Those elements of the Atlantic Beach storm and surface water management - system that provide for the collection, storage, treatment and conveyance of stormwater are of benefit and provide services to all developed property within Adantic Beach. (c) The cost of operating and maintaining the stormwater management system and the financing of existing and fume rapairs, replacements, improvements, and extensions thereof should, m the ezten[ practicable, be allocated in relationship to the benefits enjoyed and services received therefrom. (d) The stormwater management system has received inadequate maintenance, and thus rehabilitation and replacement may be required. Pursttant to state law, the City of Adantic Beach shall have a lien for delinquent or unpaid stormwater management service charges. Enforcement and foreclosure of said lien(s) shall be as provided by law. Interest on the tmpaid balance shall be the highest rate as authorized by state law. 5.0 APPEAL PROCESS Any customer or property owner who fcels that the SMU fee far they property has been assigned or computed incorrectly may petition in writing to the City Manager or designee for a review of said charges. If not satisfied with the detemtination of the City Manager or designee, the pedtiwer may ask for a heazing before the City Boazd of Adjustment whose decision shall be final. 6.0 SEVERAB[LITY If any seMion, sentence, clause, or phrase of this ordinance is held m be invalid or ttnconstitutional by any coon of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances in co.2tlict herewith aze to the extent of such conflict hereby repealed. 7.0 EFFECTIVE DATE This ordinance shall become effective DATED this _ day of , 19_ 4 Montly Fee = (Number of ERUs) x (Rate per ERU) A minimum value of one (I.0) ERU shall be assigned to each non-residential property. The impervious area of each non-residential property shall be determined by the City manager or designee. The value of 1,790 square feet of imperviotu area per ERU is a median value obtained from data for Atlantic Beach. Monthly utility fees for each ERU shalt be established in Secflon 3.0 of this ordinance. 3.0 FEE SCHEDULE 3.1 ERU Rate: The fee per ERU billing unit shall be 33.00 per month 31 Capital Improvement: A[ such time as a s[ormwater management master plan is completed and capital improvement projects are performed within specific sub-drainage basins, the City Marwger or designee shall compute the amount of the capital project cost to be allocated to properties within each sub-basin. 3J Undeveloped Property: Initial SMU fees shall no[ be levied against undeveloped properly that has no[ been altered from the natural state, as evidenced by a complete lack of impervious surface as defined in this ordinance. Famtland, gazdens, and land- scaped areas also shall be exempt except for roads, parking, or structures associated therewith. Results of a stormwater management master plan for Atlantic Beach when completed, can be used to adjust the exemption for undeveloped properly, when specific benefits w undeveloped property are possible to quantify. 3.4 Credit Factors: Properly owners who have provided stormwater management facihties in excess of the requuements of the Atlantic Beach land development code, and that are consistent with [he stormwater management master plan, when completed, may request a reduction in the SMU fee. Determination of the aedit to be allowed shall be made by the City Manager or desigree. The credit shall apply only m the portion of the fee above that required to cover common fixed costs of the SMU program. 4.0 ENFORCEMENT AND PENALTIES ~- . (a) Equivalent residential unit (ERU) shall mean the basic unit, derived from data for Atlantic Beach used to compute individual SMU fees. (b) Impervious area shall mean any pan of any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved, graveled, or compacted, or covered with swc[ures. All lawns, landscape areas, and gazdens or farming areas are excluded. (c) Manager shall mean the Atlantic Beach City Manager or designee. (d) MuIG-family property shall include all residential development not classified as single-family residential. (e) Non-residential property shall include all property coned or used for commercial, industrial, retail, govemmental, or other non-residential purposes and shall include all developed real properly in Atlantic Beach no[ classified as single- or multi-family residential property as defined in this ordinance. (f) Single-(amity property shall include all single-family detached residential dwelling structures. All other residential development shall be classified as multi-family. 2.0 UTII,ITY FEE CATEGORIES 2.1 Single-Family Property: Each single-family properly shall be considered one ERU for billing purposes. Data for Atlantic Beach indicates that each ERU has a median impervious area of approximately 1,790 square feet. Montlily utility fees for each ERU shall be established in Section 3.0 of this ordinance. 2Z Multi-Family Property: Each residental unit of multi-family property shall be considered as 0.6 ERU for billing purposes. Monthly utility fees for each ERU shall be established in Section 3.0 of this ordinance. 23 Non-Residential Property: The monthly utility fee for all non-residential properties shall be calculated in accordance with the following fomtula: Impervious Area (Sq. Ft.)/1,790 =Number of ERUs ,.. ORDINANCE TO ESTABLISH STORMWATER MANAGEMENT UTILITY RATES IN ATLANTIC BEACH, FLORIDA ORDINANCE AN ORDINAN~ A'p~NDING THE CODE OF ORDINANCES OF THE CITY OF ATL~~TIC BEACH (AMENDING OR CREATING CNAP7ER ~ TO ESTABLISH STORMWATER MANAGEMENT UTILITY RATES, TO PROVIDE GENERAL PROVISIONS, DEFINE FEE CATEGORIES, ESTABLISH A FEE SCHEDULE, SET ENFORCEMENT AND PENALTY PROCEDURES, ESTABLISH AN APPEAL PROCESS, DEFINE SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. 1.0 GENERAL PROVISIONS 1.1 Short Tiller This ordinance shall be known and may be cited as the Stormwa[er Management Utility (SMU) Fee ordinance of the City of Atlantic Beach. 1.2 Findings of Fact: It is hereby found, determined, and declared as follows: (a) The Ci[y of Atlantic Beach has established an SMU by separate ordinance. (b) A utility rate structure has been prepared that establishes an operating program budget of planned expenditures. (c) Adequate revenue for the planned expendittues shall be provided by application of the utility fees as established by this ordinance. 13 DeRnitions: Unless specifically defirted below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most effective application. Unless specifically intended otherwise, words used im the singular shall include the plural and the plural the singular, words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary compliance; the word "may" is permissive. r i L CITY OF ATLANTIC eEACN CITY COWISSION i1EETINC STAFF REPORT AGENDA ITEM: STORMUATEA MANAGEMENT UTILITY ORDINALiC£ SUBMITTED BY: Aobert S. Kosoy, Director of Public Services ~l~ .f2/.1f/O DATE: October 16, 1990 BACKGROUND: In order [o fund the costs of necessary ditch spraying, street sweeping, manpower and City-owed equipment for these services and to develop a Master Storm Drainage Plan, a Stormwa[er Management Utility Ordinance is proposed. The draft ordinance is attached and will cost 53.00 per Equivalent Residential Uni[ (ERU). RELOMIENDATION: First Aeading of Proposed Stor~aater Management Utility Ordinance October 22, 1990. ATTACLDffNTS: Draft Ordinany-ce/will be available Honday, October 22, 1990. REVIENED BY CITY MANAGER ~~ ~~~ .o ~ . ,~~+~/, g c1G' Gj•~~ ~.. _. AGENDA ITEM NO. ~~ ~r CITY OF ATLANTIC BEACtl REGULAR HEFTING MONDAY, OCTOBER 22, 1990 ~ AGENDA ~ Call to order Invocation and pledge to [he flag 1. Approval of Che minutes of [he regular meeting of October 8, 1990 2. Rec/ogniclon of visitors: 3. ~gf,aeat Agenda: `/~ Jacksonville Beach Lions Club requests permission co conduct a road block at Atlantic Blvd. and Penman Road, Nov. 10, 1990 from 9 am - 4 p.m relative to fund raising for sigh[ and hearing services to the indigents in the beaches area (Mr. McClendon) 4. Old business: fl: Introducclon of the Stormwater Management Utility ordinance (Jim Scholl, CHZM H111 rep., Robt. Kosoy, Public Services Dir.) ,B. City Manager's recommendation for financial advisory team 5. Ae[Son on Ozdiaances: ~! Public hearing and final reading of Ordinance t55-90-23, Chapter 16 Refuse and Garbage, adding under Section 16-1 a definition of white goods and adding new Section 16-11 [o provide a procedure and fee schedule for removal of sane 6. Business: Seek approval [o Change Order i22 (revised), Section N, co increase project by 52.275 to reroute water mains on vest end of Levy Road. between Hain St. and Jasmine St. (Nilliam Howell, Project Manager) Seek approval to Change Order t27, Section H, to extend contract days by 70 (William Howell, Proj ec[ Manager) Discussion and related action requesting approval of combining or recombining of previously platted lots. Submitted by Heywood Dowling for Polly Gillum. (Tom Boyles, Community Dev. Director) Action on recommendation of Insurance Consultant regarding health insurance coverage for city employees for 1991 (Maureen King, City Clerk) ~. Consideration of application foz "Use by Exception" filed by the Naval Continuing Care Retirement foundation, Inc. for the sale and use of alcoholic beverages a[ the Fleet Landing development. / (Tom Bowles, Community Development Director) ~P. Request to proceed with arthi[ettuTal review of present City Hall building (Mayor Gulliford) C,. Request approval to purchase and replace blades on aerator for tank /2 a[ Buccaneez Sever Plant in the amount of 58,356 (Flarry McNally, Buccaneer Division Chief) Discussion and related action relative co Revision No. 1 to Addendum No. 4 - Hater Main Improvements Phase I - Buccaneer (Harry McNally, Buccaneer Division Chief) Action on BesoluCiona: A. Request approval of Resolution i90-IB urging Congress to adopt legislation [o remove [he [e s[ric[ions imposed upon the Bell operating companies. (Richard Brown, Southern Bell rep.) 8. City Manager reports sad/or correspondents: A. Suggested policy pertaining to receiving lace fee Payvents 9. Mayor to call on City Co~iasioners, City Attorney and City Clerk: Adjournment _. PAGE SE1'EN HINUTES OCTOBER 8, 1990 Nv discussion before [he vote. The motion carried on a four Co one vote with Commissioner Cook voting nay. Cm~isaioeer Bdwerds pointed out the City of At lancic Beach had not placed as advertisement in the annual Florida League of Cities magazine and it was agreed this vas an oversight which would be corrected in the future. Mayor 4Llliford said he is planning to send a letter to Mayor Hazouri regarding the Interlocel Agreement and the subsequent meeting which has been scheduled for the end of the mooch, and he would provide each Commissioner with a tapy as soon as it is drafted. The Mayor also presented a proclamation declaring the week of October B ae Clown Week in Atlantic Beach in honor of the Southeast Claw Association which would hold its ninth annual tonven[ion in Che Sea Turtle Inn in Atlantic Beach during that week. There being no further business to come before the City Commission, the Mayor declared the meeting ads ourned a[ 9:15 PN. William I. Gulliford, Jr. Mayor/Presiding Officer A T T E S T: Maureen King, City Clerk NAM£ OF COMMAS. M S v Y ~ N PAGF. SIX MINUTES OCT08ER 8, 1990 lotion: Approve requesC of Mr. 6 Mrs. Vyme to recombine their unimproved double frontage lots (i.ot 6 Ocean Grove Onit 2, and part of fractional Section 9, Tornahip 2 South, Range 29 east) situated between Ocean Grove and Beach Avenue, eubj act to eoastruetion of a single family home on the easterly lo[, and aub~ect to the Yymea placing s coveaaat on the westerly lo[ to limit development [o the eopatrue[ion of a single family Lame, and subject to approval of said covenant by the City Attorney No discussion before the Vote. The motion carried on a four [o one vote with Commissioner Tucker voting nay. { 6. Action on Reaolutiose• Resolution relative to recycling contract with Waste Management Bob Kosoy, Public Se rvice5 Director, read a letter he had received from DeWayne Igou, General Manager of Waste Management of '~ Jacksonville, requesting a rate increase from ;1.85 [o $1.91 per household per month for curbside recycling, effective July 1, 1990 through June 30, 1991. Commissioner Weldon inquired if the city 1 had any complaints regarding the service of Waste Management and no one vas aware of any. Motion: Approve rate increase from ;1.85 to ;1.91 per household per month for curbside recycling, effective July 1, 1990 through June 30, 1991 No discussion before the vote. The motion carried unanimously 7. Cib Menazer reports a~/or eorzespomdence: The City Manager reported the Building Official had indicated Mr. b Mre. Semidey had repaired the deficiencies referred to the City Coa®ission at the previous meeting. He also reported the Building Official had met with DER representatives regarding [he Devees Avenue dune crossover and would be reporting on this when he had further information. 8. Major to call op Cit7 Commiasionera, Citl Attorney a~ Cit7 Clerk: The City Attorney reported he had made an offer of ;32,000 for the purchase of the Denette property adjacent to the sever plan[. The Denettes had rejected the offer and had requested ;32,900. Motion: Authorize the City Attorney to increase the city's offer for the purchase of the Denette property by ;900.00 NAME OF COMMAS. M S V Y V N Cook z z Fdvards z 1LCker z Yeldou : z palliford z Cook z Pdrards : z ticker z Yeldou z z Gulliford z Cook z Rdvard6 : Weldon : Tucker : z Gulliford PAGE FIVE MINUTES OCTOBER 8, 1990 Development Board on September 18 and had been denied by a 4 - 3 vote. The Schifanel las were appealing that declsion. Nr. Jensen said he thought the house vas boil[ prior to annexation as two single family residences an non-conforming lots. IC vas pointed out the extension would remain within the 5-Ft. setback. Commissioner Weldon said he had inspected the site and felt [he improvements would no[ be in violation of city code. He understood [he variance vas denied in part because of inadequate parking and the Schifanellas had shown him how they planned co take care of the parking and he did not perceive that parking would be a problem. Motion: Gran[ variance to enclose open carport on groin level of property to add 7' z 11' at Lo[ 10, ezcept the south 58 feet, Block 8, Ocean Grove, Onit 1 No discussion before the vote. The motion carried unanimously. P. Approval of the eombimtion or recombination of previously platted lots submitted by !lark and Gayle Wyme Tom Boyles explained the Wyrmes wished to replaC their property into two lots each of which would be no less than 5,000 sq. ft. Bach lo[ would meet the yid [h requirements but would be less than 100 feet deep. The property is zoned RG-1 which alloys two-family homes but the Wyrmes planned to build a single family home on the lot fronting on Beach Avenue and sell the ocher. Mr. Wynne said the two lots would meet the requirements of Section 24-186 of the city code regarding combination and recombination of previously platted lots. Dezmond Waters, 1835 Seminole Road, said that if construe tfon on Che lots vas not restricted to single family residences he felt four townhouses could be constructed. Af ter discussion of [he matter it vas [he general consensus there would be no ob]eti ion to alloying the subdivision of the property if development could be restricted to a single family duelling on each lot. Mr. Wynne said as soon as they received Commission approval they vere ready [o pull permits to construes their home. Reyvood Dowling, 2035 Seminole Road, said he represented Polly Gillum who owned property identical to Mr. Wynne's property. He said Ms. Gillum vas in favor of the Wyrmes proposal and hopes to develop her property in a similar manner. He said the proposal would represent no change in density but instead of alloying two townhouses running east/vest, two single family residences would be built, one facing Beach Avenue and one facing Ocean Grove, which he felt would be an improvement in the type of development. After further discussion Mr. Boyles was asked to review [he area to see whether the entire block bounded by Seventeenth Screec on the south, Eighteenth Street on the north, Beach Avenue on the Easc and Ocean C.rove on [he Wes[, could be down zoned and report back. NAME OF COMMAS. M S V Y V N Cook z z edvards z iaeker z Weldon z : Gulliford : ;~ P~cF. eouR MINUTES OCTOBER 8, 1990 NAME OF COMMMS. M S ° Y v N B. Appointments to fill vacancies on the Code Enforcement Board I[ was confirmed [hat one year still remained in the terms of both Ms. Freeman and Mr. Dwling and both were willing [o continue nerving on [he Code Enforcement Board. The terms expiring were [hose of Ed Martin and George Sull and Mayor Gulliford asked that no appointment be made to fill Mr. Bull's sea[ an the board until he had had an opportunity co discuss the matter with him. Cook z Pdaards z z lotion: 7e-appoint Ed Martin [o the Code Enforcement Board Tucker : z for s three-year ten [o eryire October 1, 1993 Yeldon z Gulliford z No discussion before the vote. The motion carried unanimously. C. Dincuaeion a~ related action requesting the City Commission to fiord actmrfal studies to change the pension plan for Pollee/Pire and General employees Finance Director Royal reported [he Pension Board has requested an actuarial study [o determine the impact of providing for certain Snereases in benefits and it vas his recommendation this study approved and funded through [he general fund and Police and Fire operating budgets. Cook z Pdaarda z z Motion: Authorize lapse[ study and funding as requested 'Locker z Veldon z z No discussion before [he vote. The motion carried unanimously. Gulliford z D. Diacasafon and related action relative to the removal of wderground storage tanks and replacing with above ground storage tanks Bob Kosoy, Public Services Director, reported in order [o comply with Item 9 of the DER Consent Order, it would be necessary co rewve an underground fuel tank and install two above-ground tanks. 8e said [he city had received three quotations for the work and reco®ended approval of the proposal of Envi ro~en[al Recovery Group. Cook : z Motion: Accept tbe proposal of Eavirovmevtal Becwery Group PAaarda z and Authorize ezpendi[nre in the emam[ of ;II,3D7 Tacker z [o remove ooe underground fuel storage tank and YelAon z : install [vo above-ground [enks Gulliford z No discussion before the vote. The motion carried unanimously. E. Appeal of a decision of the Community Development Board filed b7 Tw and Betsy Sehifanella Tom Bwles, Community Development Director, explained [he Bchifanellas had requested a variance [o enclose an open carport to add a 7' x I1'ex tension to [he living area of [heir home in Ocean Grove Uni[ No. 1. The request had come before the Community r. FACE THkF.E MINOTFS OCTOBER B, 1990 [he possibility of a lease program through [he Florida League oI Cities cr a general obligation bond issue. He reported the city had three outstanding eater and sever issues Sn [he amount of approximately SS million and he felt it could be [o [he city's advantage [o refund these before the end of this year. The reasons for these recommendations are fully explained in Burton and Associates report dated September 26, 1990. He said the city needed [o move forward to assess its nee money needs for future construction and pointed out the va ter and sever improvements which are pending. He explained the Small Issuer Arbitrage Haempcion which provided for governmental borrowings of SS million or less Per calendar year and said he felt the city could undertake the sever work in phases which would alloy funding in this manner. He recommended the city evaluate the rates to support any nee monies needed next year. He said they would plan [0 do a 5-year rate plan which would phase in any required rate increases over a three to Five year period. They also presented a preliminary schedule for refinancing bonds and recommended a financing team to perform [he related services. The City 1lanager also requested that Burton 5 Associates be authorized [o proceed with the rate study. In response to a question from Commissioner Weldon, 71m Gollahon said he felt monies could be borrowed at approximately 73 to 7 1/23 and over a two or three year construction period, could be invested Sn U. S. Government securities at about SS. Discussion also ensued regarding interest rates and Mr. Gollahon said current rates were within 13 of a 12-year low in interest rates and he did not feel rates would drop. Commissioner Weldon said while he felt [he finance team vas above reproach, in his opinion it vas unusual for the financial advisor to select such a team without first consulting with the City Commission. Nr. Burton responded that time vas of the essence if any refunding vas [o be accomplished before the end of this year. He said the city vas free to select any team of their choice, but in the lmteresC of time, they had made these recommendations. Mayor Gulliford asked the City Attorney whether the the city would be required to select [he finance team under the requirements of the Consultants Competitive Negotiation Act and Nr. Jensen said he did not feel this was [he case. Commissioner Cook said he did not feel the Ci[y Commission had had enough time [o review [he recommendations of the financial advisor and be in a position to make decisions on the questions before them and after brief discussion on Che subject a special meeting vas scheduled for Monday, October I5, 1990, a[ 7:30 PM, when action will be taken on [he matter. NAME OF COMMAS. M S V Y V N 4; PACs lxo MINUTES OCTOBER 8, 1990 Commission be provided with a mailing list so the Commission could be informed of [he of forts made Co secure [he best possible bids. The question vas called and the motion carried unanimously. •. Action on Ordinances: A. Ordinance No. 55-90-23 - Pirst Reading AB OBDIIiANCE A!!R®ING SHE CODE OF ORDINANCES OF THB CITY OP ATWTIC BPACH, ANP.IIDIBG CRAFTER 16, RRFOSE ABD G- Gy!!T, ADDING IBIDBY SeCTION 16-1 A DEPIEITION OP YNITE GOODS, ADDlliG NEY SECTION 16-11 TO PROVIDE A PBOC®OBE AND FBB SCBEDOIS FOB TBE RElIDVAL OP YBITE GOODS, PROVIDING M EFFECTIVE DATE Mayor Gulliford introduced Ordinance No. 55-90-23 in full, in writing, on first reading. Motion: Approva passage of Ordinance No. 55-90-23 on first reading a~ set public bearivg for October 22, 1990 In discussion before the vote Bob Kosoy, Direc [or of Public Services, suggested the ordinance limit collection of white goods from residential properties. It vas also agreed the collection fee and the fine should be higher. Cottisaioner Yeldon moved to amend the ordimoce to apply to residential properties only, and [o Increax [be collection fee and fine to ;15.00 and ;250.00 respectively. Ybe motion ras seconded by Comtieaioner Edwards and ras umniaouely approved. The question vas called and Ordinance No. 55-90-23 vas unanimously approved as amended. 5. Ner Businese• A. Pineoclal Advisor's report and cosalderation to proceed: (1) Acceptance of carton 6 Associates report, September 26, 1990 (2) Refimding certain current debt (3) Approving suggested finance teat (i) Phase III and IV of contrast rith Bnrton and Associates The Citv Manager reported the firm of Burton and Associates, financial advisors [o [he city, had been working vi [h city staff regarding [he city's financial condition and were ready [o make a report and recommendations. Nike Bur[cn reported [hey had been authorized to conduct a financial review of the city's existing debt structure, existing and prof ected revenue sources, and projected capital improvement requlrementa. He said they had evaluated the financing options which are available to the city and presented their recommendations. Ne sa Sd the city has five general fund deb[ issues outstanding totalling approximately ;4.5 million. Each is a[ or below current interest rates, and the pledged revenues would no[ hinder any future financings [he city may need, so it vas his recommendation no changes be made in [his area. He said there vas a construction type financing in place for the new city hall and [hey were evaluating alternative funding in that area, including NAME OF COMMAS. M S V Y V N Cook z z Edrards z Tucker z : Yeldon z Gulliford z NINOYES OF THE REGULAR MEETING OF TeE ATLANTIC eEACB CIlY COM- MISSION BIID IM CITY BALL AT 7:IS PN ON MONDAY, OCTOBER 8, 1990 PRESENT: William I. Gulliford. Jr., Mayor Robert B. Cook, Sr. Glenn A. Edwards Adelaide R. Tucker John W. Weldon, Commissioners AND: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting vas called to order 6y Mayor Gulliford. The invocation, offered by Commissioner Cook, vas followed by the pledge to the flag. 1. Ayvroval of the .L..,tea of the regular meeting of September 24, 1990 lotion: Approve mlm'tea of the regular meeting of September 24, 1990 No discussion before the vote. The motion carried unanimously. A[ this time Commissioner Edvarde shoved a 13-minute video tape relative to Cons[itutiona] Amendment /3 regarding unfunded state mandates, and encouraged all present to vote "Yes" for Amendment 73 on the November ballot. 2. Recopyi[ion of Visitors Jobs Neaerve, 2670 Villa Norte, President of the Beaches Chamber of Co®erce, announced a leadership trip to Melbourne, Florida, November 1-3, 1990, at a cost of about 3250.00 and invited Atlantic Beech to send represen[at Ives on this trip when chey would have an opportunity to meet with other business and government leaders. All Commfaeioners indicated they had prior commitments but would try to send someone to represent the city. 3. Committee Revorta A. CammiasEmer Edmarda, Chairman of the Arards Ca~ittee, rich a report a~ recommendation relative to bid No. 8990-23 for 6omaing rehabilitation Commissioner Edwards reported two bids had been received for housing rehabilitation, neither of which included the required insurance certificates or public entity crimes form. Ic vas the consensus of the Awards Committee that the bids should be rejected and the project rebid in order that an effort could be made to attract more bidders, and the bidding requirements clarified. Notion: Bej act all bids and rebid the project In discussion before Che vote, Mayor Gulliford asked that the City 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 Cook : Edwards z sucker z : Yeldon z z Llalliford z Cook z Edwards z z Tacker z z Yeldoo x Gulliford z .. . CiYY of ATlwlrrlc BBACH BEGUI.AR MBETIBG MOBDAY, OCfOB~ 8, 1990 Aceeme Call [o order Invocation and pledge [o [he flag 1. Approval of the minutes of the regular meeting of September 24, 1990 2. Recognition of visitors: 3. ~Co~ittee Reports: (~ A,' Chairman of [heAwards Committee, Commissioner Edwards, with a l\' ' report and recommendation relative [o Bou3ing Rehabilitation bid 8990-23. 4. Action on 0rdlsancea: A. Introduction and first reading of Ordinance i55-90-23, Chapter 16 Refuse and Garbage, adding under Section 16-1 a definition of white goods and adding new Section 16-11 to provide a procedure and fee schedule for removal of same 5. Bev Business: A. Financial advisor's report and consideration to Proceed: 1. acceptance of Burton 6 Associates report, Sept. 26, 1990 2. refunding certain current debt 3. approving suggested finance Ceam 4. Phase III 6 IV of contract with Burton d Associates Appointments to fill vacancies on Code Enforcement Board (Maureen King, Cicy Clerk) C. Discussion and related action requesting the Ci[y Commission to fund ac[ur1a1 s[udie6 to change [he pension plan for Police/Fire and General employees (Harry Royal, Treasurer, Pension Hoard of Trustees) D. Discussion and ze laced action relative [o the removal of underground storage tanks and replacing with above ground storage tanks (Robert Kosoy, Public Services Director) E. Appeal of a decision of the Community Development Board filed by Tom and Betsy Schefenella (Tom Bowles, Community Development Dir) Approval of [he combination or recombination of previously platted lots submitted by Mark and Gayle Nynne (Tom Bowles, / ~~ Community Development DSrec[ot) ~/ AcCioa w Resolutions: Resolution relative to recycling contract with Ha s[e Management (Robert Kosoy, Public Services Director) 7. City Mamger reports and/or correspondence: 8. Mayor to call on Ci[y Cosniesioners, City Attorney and City Clerk: Adjournment Rim Leinbach, City Manager October 11, 1990 Page 2 ''fD ~.~j 1 Io~p direct the contractor to work elsewhere while the District was considering my clients' proposals. Therefore, I am asking the Commission to direct the contractor to work elsewhere in Section H on the Section H project on properties other than my clients while the District is considering my clients' proposals to alleviate the use of the ditches in front of their property. Therefore, I would ask that my clients be placed on the agenda Eor this upcoming meetng of the Commission now set far Monday, October 15, 1990, and that we be allowed to present to the Commission, our request for them to direct the contractor to work elsewhere in Section H while our proposal to the St. Johns River Water Management District is pending. S' rely youris ,' / - E Pa M. Eakin PME/bes cc: Ira and Sarah Bratcher fi, NOE, EAKIN 8c FOODY ATttNWEYS AND COlR45F2.OR7 AT lAW 979 ATLAMIC BOULEVARD SUIFE 6 ATLANTIC BEACH, FLORIDA 33337 WILLIAM C. NOE. JR PAUL M. EAKBJ ALAN MICHAEL R70DY' RlGls October 11, 1990 Kim Leinbach, City Manager City of Atlantic Beach City Hall Atlantic Beach, Floc ida 32233 Re: Bratcher/Section H Dear Mr. Leinbach: / ,1 t •w9a ..i~b w TELEPHONE 9M/249J241 FAx NO.9p/20-t 562 HAND DELIVERED Please be advised that I have the pleasure of representing Ira Bratcher and his wife, Sarah Bratcher, who own property in Section H on 9th and 10th Street and Camellia Street. As the work in Section H progressed implementing the improvements to the water, sewer, roads, ditches, curbs and gutters, it became apparent to my clients that the City intended to put ditches in front of their property along 9th, 10th and Camellia Street. My clients object to this for various reasons, which Eoc the sake of brevity, I will not go into at this time. Suffice it to say that my clients have approached St. Johns River Water Management District about doing away with the necessity for the unsightly and dangerous ditches. Our suggestion will not call for an amendment to the plan itself and will not jeopardize the project coming within the requirements set forth and permitted by the Di5[C1CC. In attempting to achieve an amenable solution to the problem, I approached the project manager, Billy Howell and the City's attorney, Alan Jensen, concerning our proposal. I was informed that although the City would not object to our submitting pro- posals to the District for ita approval, that the City was trying to finish the job on time. I am aware that the contractor has already asked for an extertaion. My clients do not intend to jeapordize the timely completion of the project if an amenable solution can be found. However, it is imperative that my clients and their engineer be allowed to submit their proposals to the District and to have the District review them and rule on them. To this end, the project manager was not able to assure me that he could direct the contractor to work elsewhere in Section H while the District was reviewing my clients' proposals. I was informed by the City's attorney that only the Commission could i PIC N' SAVE DRUB CO., INC. phoaz ur 90y' i50~95uu ~ _'q?I lihrrlr rtr~,i ~ p,.. hos 30.35 ]ACnsorevRtP. Eurau>n s„~K, October 9. 1990 M.r. :a lliam Culli[ord, Mayor City of Atlantic Beach P. O. dos 25 Atlantic Beach, Florida 32233 Dear Mayor Gulliford: Thank you for taking the time co talk with me on [he telephone today concerning my problem with [he occupat Tonal license renewal for [he Pic n' Save Store a[ Atlantic heath. Our records show that we mailed [he license renewal on September 18, 1990 for [he year beginning October 1, 1990. Today, a clerk called me to cell me chat since we were late In sending [he renewal, that we must pay a late fee. 1 spoke with your Ci[y Clerk, Ms. Maurine Ktng, and explained [hat we should not be held liable for the U. S. Post Office or perhaps someone in [he Ci[y Clerk's of Etce having mislaid [he check, but she refused to waive [he late fee. Ms. King admitted [hat [he check vas dated September l8 and vas addressed correctly, but that [he envelope with [he postmark had been destroyed. Even the I R 5 goes by the postmark when deciding the timeliness of a Tax Return. I would appreciate your bringing [h!s tampla int before [he Clty Cormission Board, and suggest [hey reQUire the Cf ty Clerk's office [o retain [he envelope wt[h Che postmark as proof when assessing late fees. Pic n' Save has been in Atlant lc Beach for nearly 30 years and [his is the firs[ time we have ever been charged a late fee on any oI our licenses or [axes. I do appreciate your presenting [his problem [o the City Commission and will await their decision before payt ng the late fee. Again, [hank you for your assistance in this matter. Sincerely, Marlene Brown, Comptroller e ~.. ~. n Hr. Xim Leinbach city of Atlantic 8eaeh October 5, 1990 - Page 2 compensation [or these services would be a [ee equal to personnel cost times a factor et 2.5. Ms will also be reimbursed for direct non-salary sxpenfes as Ascribed in our agratment under the faction titled xFees to be Peid'. Ha estimate that eompenfation !or services relates to thls assignment will not oxaocd 415,100. if you have any questions or it wa can proviso you with additional in[ormation, please Content ms. r 8i srel j C\N~~~~ntr out, or., P.e. 1~smietant Regional Manager HPA:sd v i" n o~axnaON October 5, 1990 Mr. Kf.a LeinDach City imnsgar city o! Atlantic Dcaeh P. O. Drover 25 Atlentle Deaeh, PL 72217 sub)act: rasterater systes Expannlnn/conwlidatioat Aedstaltee with Project Yinaneing Deer Mr. Lelnbechs This viii COntlra our eonveriatlon Of Nsdnasday, October 3, 1990, concerning the englnearinngg ssrviws ralstaa to assistlrig Murton i Associates rich preparation of the oftioiel ststet~esit for the CityY's proppoosed revenue bowl tfnancing. These services ase included within the scope o1 Lhe agrsetnesit between the city vt Atlantic beach and Cea i JenaOn Ltiginears asted April lu, 1990. Task No. 13, shorn on page 11 of the agreesent, Ss identified as "Assistance with Project Pinancing• end hae a budget swum vt $50,000. ssasea on our pzeiinlisary discussion with Mr. Burton of Horton i Associates and Kr. Robert lreetsen or squire, IAnders i Deapsey, re feel the ongSneering cervices relateA to this tireL revenue bond issuance rill involve the to11or1ng tasks 1. inspeatlon of the Atlsntia Heath, euceasseer and Oak tserbor water and serer systsir to determine their oursent condition. 2. Raviar of the City's situation rsgaraitsg regulatory age»ay entorasment actions to the rater aid saver utility. 1. Develop a forecast of osutoaer growth, oparatlsq snd nonopsratissg revenue. operating stta nonoperatinq etspensas to deteraine savenues available !or debt service and other lartui purposes. a. Prepare a draft Engineer's Report for review. 5. lsaet with the CSly'• 6isLl, Plnaneial Adviwr and bald Council. 6. Prepare a final draft of the Etsgireer'e Report for inclusion in the ott1e1a1 statenent for the tlnancing. _. ~-e.,.e.a~.s„ne Jiu.,ta..w~we~.Flwi0a ~22t6.B0V?W •wo•ruc W~I2B600iB 4 "'IRS"-v-Y _.~-.-...... . Mr. Barry E. Royal October 5, 1990 Page Tw Because the cash flow prof ettions sre Dosed on assumptions and estie>stes, the achievement of which 1s dependent upon tutors events and transactions, w vitl hoc express an opinion or any other form of assurance en the atteinab111ty of the assumpt loos or the resultant projections ineludad in the aceompanyi ng projected cash flow, Ye will Mve n0 respons1b111ty to update onr rcpott for events and ctrcuaostances otcurrlnq after tM date of our rcpett. The fee for tAis engagement v111 be S7,S00. ve wilt na able to provl0e verbal actnovledgment of our w~lftcation rithin two nosiness days followlnq ear rccal0t of tM f1na1 casA flew pro~ettions. If the foregoing is in accordance vita your uMerstand log, pleesm sign the toDY of tats tatter in the sD+ca provided and return 1t to us. very truly years, 1Zt:.rrt t I....t.t Attepte0 Dy; CITY Of AitaRTIC ~Eeui Stgneture Date ~~01~ ~i ~~ pctooer S. 1990 Mr. Narry E. Royal Ftnanta ofnctor City Of At Let tc Belch lea Ocean eoalewro Atlantlc Beach, Florida 7227) pear Mr. Royal: CertlfeE FwdC Aasumanm $Wm lMll Ons lrAegndent DAM JecbaMM.fbriW a2202•SD7a TWtp~gnr Rpm 7abtpn Tdacopier. pM09a9S10C we appreciate the opportunity to offer our sarvtcas to the City of Atlantlc Basch. This letter is to confirm our uMenta~tng of the ttrms end objectives of our angagawnt. The Durpose of our engagement if to renew and report on the arithmatltal accuracy of the cafh flow projlttldns on the Droposed isswnce of plstrlCt Sewer Refunding Revenue bonds, 59r1as 1990 (the •BOMS•) by the Lity of At tomtit Beach (Ina •ISSUaY) to December, 1990, prepared Dy A. 6. Edwards and. Sons. Inc. Tne projections include, asong other things, Drojectad cash flows . on the Bonds. escrw investments and certain related costs. These projections are Dated upon certain astuaxd facts and assumpttons contained in the cash flow projections. SDtcif tcatly, we w111 verify the arlthsmtteal accuracy Of the computations 1neluded to the projections propared by A. 6. EdwaMs and Sons, Inc., relating to the projected cash flaws, the projected yield on the Bonds and projected yield an the escrw lmrestamnts. Our procaduros w111 M performed to accordance with standaMS estsbitshed by the Aamrttan Institute of Eertifted PuDlit Accountants. we will detenalM tf the eomputattm of tM projected yield on the fiords follows an actwrtal method whereby tease ytalds which an to be calculated are the yields rhteh whM used in tosbuting the passant wrtA of all payments of principal and projected interest to Dm paid en smeh dbllgattons, using semi-annual eapoundlM on the basis of a yNr cons/sting df 360 days, produce amounts agwl to the purchase price of such eblipatfons. we nave not DNn asked to espross an opinion on tM tas states of the Bonds, and acceroingly, v111 not a:puss sucA an opinion. i tOn3 vx~-~i a3ltOtle cotta O ero~ . ~aa.ot Otceber 1, 1990 Donorabia City Coawnaionan City o! AcLntie Death 716 Oeaan Doniward P.O. DoY 2S Atiaacle Baaeh, Iloelda ]2233 W~ aza pluaad to confirn out atderatandinD et the a~rvlue w nay De ulud provide the City of Atlantic Dueb, T].orida, in eoeaactioa Ktb the flans Bawr bfundlaD Rweoua Ronda, Dariaa 1910. Our nsviua grill ba perlorrd is aeeordanea vltb 6tataaaae of ludic. Suadarda Mo. a9, Gttara !ot Ondarrriun, issued by the AMriun Inaeinn hrclfiad Pubite Ateountanu. ~ pf our urritas will ba daNtsinad cba Ciq of Atlaatlc Daaeh'a Rood Couaefl and Oadaireinr. Oas utviua 1 leeluda tea fo11er1aRt a. wa epinioo nprdinD nbathet the audited lioaneial a4tatenn tad eehada7 lneludad fa the efffeial atatsaant eo~ly !a lezn, is all aynr! rupees, with LM applieabla eoeomtloD nWiruaan. b. lleptira aeancanu xieb raaput to rhetMr'eM uowdited Sanrfa tlaane7 aucaaaan faelvded in eba olfdeLl sutaartatl (i) Cogly Sn len, !a ail rterlal rupetn, rit6 she applieab aeeamtlty rpninannea of the nlaead publiebtd rules a npLtiou. (i!) Are is roatezniq rich pawrally ateapcad awamefaa priao applied m a bufa anbatantially ooaeLt:aat sith that o! tM w tlaaneiel enteaanta ladludad ip the official eaeaelant. e. Mptiw aeaurauea rith teapaet to rhatMr, drriaD • apaei!!ad p toileriaD the data of the ]sleet lfaaxiai ^tataarnta fa the oft aataaaae and pzoepaetw, then bas bean any e6•ya !n fuad putt SenD-nn debt or any dunes is ether apeMflad fioaatial enu SCaau, d. Any ether aaevlen that say Da rayaotad by tla bond Ceoaail or 011dattn !n eonaaetioo rite the Oa[ar and Daaer 4fvadlnD Davewe Doada, & 1990. Our !au for utviua putosrd rill b• Dined at as wrap rag o! 971.0( hour. it is ut3artad that our total tug for aarvi.rae aonoaetad rich the i sad Stwr Wfunding Da~amu Bonds, Dariaa 1990. Kil not aseaad >15,000.00. CeNDMflilkAororrtlt~ 117 NOrthaaa hrn Ivan • GL,rwfOe, flwid.77a01 • 7lkplnee lt0a13762adt • fN((9W13761305 ~..,..~.~v..:.._, mlu,69,.e16h ATTAGMENT A C1ty of Atleetle Oheh wtu and Serer Pleaas find belar an uttsated ranpa of gross spread end breakdown of expenses for the chow referenced 1:sw st tho estteated stzin0 of (6,000,000 w1tA an usueed local etostnp prior to Deeeeber 31, 1990. Managwent Fee ExpMNs Teskedorn Total Onderrrtter's Counsel COUP -SA Oduep CUume Federal Funds/heed faith Hack Out-of•POeket end Cloelnp Tetal ~. :.. E.-. f 2.00 - f 2.00 2.91 - 3.61 0 - 1.00 ...1.iQ - 1Q,,QIl 512.41 - f16.B1 SL.00 - f2.40 0.06 - 0.06 0.06 - 0.05 0.03 • 0.06 0.26 - 0.50 O.YS - 0.25 0.46 - ~.SQ s2.91 - u.u II c~ 1 I. r i ' i I. I 1~ __ ~__.. _. flooorabla City Cotnitalocere Gity of Atltotie Hoch Atlaacie Dtteb, llorida -t- - Ottobtr M. 19 W apprteLtt tht opportvoley eo M of aat~lea eo tM City of Atlantic fltteb btl9eva chit lotus tewrataly atwarUa• tha a1~lfieaat aer~igt w ry raquttud to W rfoa. Simtral~, POR9Ifl. GRAS ARD CgQ'AM! f/u•a~ ~trn t. fltsdlq, o.r.A. Audit Partwr Jlflldb lUiliiam R Hough ~ Ca. ,,,,,,,,,,,,,,,,M ~.~^ nMT YM^M ^YKe^N '[~' ~' 'M~ M^IO{Yf YW[NII YC•^OMNHf, hM^~ ^W^ ~ MO^ NYW^ ^N • N4N^, - rm^T ^IC^ M^^gOR October 4, 1990 ^~^.c[» ~4.. .x^ w,a^won Hr. Kts D. lNnbacA, City Manager City of Atlantic Beach 716 Ocean Boulevard Pott Office Drawer PS Atlantic Beach, Florida 32233 Ae: Proposed Mater and Serer Hnancings Dear Mr. Ulnbaeh, Please accept this letter as Yiiliam R. Naugh L Co.'s proposal to serve as Underrrltar on the City's planned rater and ewer financing progra. HougA has served Florida muntctpallttu sines 19SP and is eM luder in underrrittng 'bank qualified' financings. Our JacksonvilU office is a fully staffod public finance operation Mcked by an outstanditre teo of professionals and salon personnel. The Firm's ixal prosaacs and LadersMp in financing Florida municipal bonds ti111 provide an efficient, cost effective and ttwly financing. At requested by the City's Finanetal Advisor, w have supplied a range of the estimated gross spread and expenses; pplease sae Attachment A. It is expected that the final terms and tondttloas of tM financing wi11 6e negotiated by the City's staff and flnatHaal AdrUor at the title of sale of the bonds. Ne at N1111u R. HougA t Co. took forwrd to rorktnnpp wleh the City of Atlantic Beach. SAould yyoou Aaro aqy tp»stlons or requlro adHtlonal information please contact this offla. ~Sincersly, MIL ~/(~R~~(J,HOUSN t fA. tthell N. Dwas nior Yte Prosldent. .=.~ EtA+ard R. Mulbern ~_` MNO.Ead Senior Y1ee President cc: r/attachment Harry Royal Jim 6ollahon RATC COYNTT ANm YYN1c1•AL mo,toe City of Atlantic Beach, Florida October 5, 1990 Page ~ inherent complexity under federal income tax laws of advance refunding transactions and the additional liability exposure in connection therewith, (li) the need to draft a new, long-range bond resolution under xhieh the City will issue its water and sewer bonds for the foreseeable future, and (111) the need to complete the proposed transaction before year-end in order to take advantage of applicable rebate exceptions under federal income tax laws and regulations. The fee has been limited based on the size of the proposed transaction, but we xould hope that, if unusual difficulties or circumstances arise, we would be able to discuss appropriate adjustments with you.- Squire, Sanders a Dempsey offers to the City of Atlantic Beach a unique combination of experience with Florida municipal public finance, end public finance and tax expertise, that can only be made avellable through a firm with a national practice and local presence in northeast P1orlda. In addition, Squire, Sanders 6 Dempsey offers the City the personal experience and expertise of attorneys who have a full knowledge of the City's water and sewer revenue system operations and outstanding bond documents. we would be honored to represent the City of Atlanbic Beach as its Bond Counsel. Thank you for the opportunity to submit this Proposal. Please contact me Sf you need any clarification oc additional Snfocmation, or if a personal appearance is desired. Sincerely, Robert 0. Freeman cc: Alan C. Jeasen, Esquire kichael E. Burton Harry E. Royal, C.P.A. lt~~/t•OIOS/~l./M~ ,._. ~_ City of Atlantic 8=aeh, Plorlda October 5, 1990 Page 3 saving techniques and other legal matters relative to issuance of the bonds. C. Attendance at meetings and conferences of City officials, staff members, the City`s financial advisor and representatives of the selected underwriters. D. Attendance at meetings of the City Commission and any of its committees related to the financing. R, Preparation of resolutions, -ordinances end any amendments thereto in order to authorize the issuance of and award the bonds. F. Preparation of escrow deposit agreement registrar and paying agent agreement end any other agreements of similar docwrents necessary, related or incidental to the financing. G. Review of the transcript of all proceedings in connection with the foregoing and indicating any necessary corrective action. R. Review of proposed contract for negotiated sale of the bonds. I. in connection with the financial advisor and underwriter, limited assistance Sn the preparation of tfie preliminary official statement and official statement used to market the bonds. J. Preparation or approval of all closing certificates necessary in connection with the sale and issuance of the bonds. X. Rendering of our standard, comprehensive bond counsel approving opinion es to the legality of the bonds, the security for their payment and the exclusion from taxation of the interest on the bonds sad any tendering of any supplemental opinions aeeeseazy to the issuance of the bonds. Bond Counsel Fees. Our proposed fee for the initial refunding ransac on wou d be 525,000 which would include out- of-pocket expenses (including long distance telephone calls, telecopier charges, postage and delivery, reproduction, filing fees, publication fees, and other disbursements necessarily made as bond counsel). Our proposed fee is lass than our standard fee for this type of transaction which is expected to involve substantial effort based on several factors, including: (i) the ~:.eiraoem~L/uu City of Atlantic Beach, Florida October 5, 1990 Page 2 finance law 1n Florida with (11) the level of sophistication and capabilities that only a national bond counsel firm can provide. Hi~sto~~r Squire, Sanders 6 Dempsey was formed Sn 1890 and is once of-fhe nation's oldest and most highly-respected bond counsel firms. The Firm has served as bond counsel to local governments nationally for almost eighty (80) years and has served as bond counsel on Florida bond issues for more than sixty (60) years. The Firm was included 1n the first edition of the Bond Buyer's Directory of Nunici al Bond Dealers (the •Bed Book") ~I1st na one y recogn z n counse - Bond and T8X Attorne s. Squfre, Sanders 6 Dempsey offers the resources a on y a national bond fitm can offer to the City: fifty-five (55) municipal bond attorneys supported by eight (8) public finance tax lawyers, together with related legal assistant and technical capabilities. National Eankin Squire, Sanders 6 Dempsey annually renders more an one thousand opinions on public securities offerings nationally. For the calendar year 1989, the Firm, as bond counsel, ranked sixth in the nation in the number of approving opinions rendered on publicly-offered, long-term bond issues and second in Floridz in the number of approving opinions rendered on publicly offered, long-term, Florida bond issues. Florida Ex erience. The Ficm has served as bond counsel on more P oc a on ssues than any other law firm, Florid'a- based or national. The Firm has served as bond counsel to thirty-six (36) Florida counties, seventy-eight (78) Florida municipalities, fifty-one (51) Florida school districts, numerous special districts, authorities and other Florida local governmental bodies; and to the State of Florida itself. Services of Bond Counsel. The following is a summery of the services w c wa won propose to provide in connection with the proposed water and sewer financing. A. Advice to the City as to the legal feasibility of the financing programs proposed by the City's financial advisor and/or managing underwriters; and advice as to compliance of the program with applicable local, state and federal law and pending or proposed revisions Sn the law including U.S. Treasury regulations. B. Advice as to procedures, requited approvals and filings, schedule of events for timely issuance, potential cost- u.ernorouu.uv pEC'0 OCT 51990 .fb..,.L. .f1, w,._ y/DD,~GTrds ./Y<f+awsl.~.e,E.~m~er cu..~.s fs ~,i_i,. ft ~!!a .`1FG~~ ,9fYOP ~~ ~'~ 'iG_i . 1,....I.. l,.. .54,J October 5, 1990 ./ic..,.,..:/~,... X/.,.rs~.. J~ City of Atlantic Beach, Florida 716 Ocean Drive Atlantic Beach, Florida 32233 Attention: xim Lelnbach, Clty Manager Re: Proposal to Serve as Bond Counsel to the City of Atlantic Beach, Florida Dear Mr. Leinbaeh: .~sqr. iii Asa ~~6 .~iL:,.r.~.:l..4:~.G. Squire, Sanders 8 Dempsey is pleased to submit this proposal to serve as Bond Counsel to the City of Atlantic Beach, Florida. we feel that ae are uniquely positioned to provide comprehensive public law assistance to the City through our local office in Jacksonville and the expertise available through our national network of attorneys. Having worked with us in Gzeen cove Springs, you are aware of our abilities and commitment to serving our clients' needs. Finally, es a six-year resident of the community, I look forward to the opportunity to be of service to our government (I note that our predecessor firm, Freeman, Richardson 4 Watson, served as bond counsel to the City on its 5500,000 General Obligation Sewer Bond issue of 1971). we understand that our initial engagement would be in connection with the issuance by the City of its proposed water and sewer refunding revenue bonds and that future engagements would Snelude additional new money issues for the water and sewer system. The temp which we propose to assign to serve the City will include attorneys Sandy MacLennan and me and Brenda Miller, one of our Legal Assistants. Other attorneys in the firm will be available as necessary. I would like to summarize briefly the experience and expertise that Squire, Sanders 6 Dempsey would bring to your financing team if we are selected to serve as your Bond Counsel. Florida and National Presence. Squire, Sanders G Dempsey, w c nc u es a prat ce o ha old-line Florida bond counsel firm, Freeman, McWilliams 6 Dame, P.A., and its predecessors (collectively, the •Plrm•), offers to the City the combination of (1) an unparalleled level of expertise in public C.~.,..1.1:n~~.,I1~L....yii/.vv~jat/ .~:..7PiIL..,9.~C~.,...l~L.~E°~ .43ain. our Financial Advisor will explain the above and enswer any que~t~ons you may have. Thank you for your consideration. r.._ m, f ~. cc Finance Director Burton b Associates Sincerely. Kim D. Leinbach City Manager i CITY OF ~llartle ~tsek - ~loslela vieoceAa eoutevAea e. o. cox an A'n.AM1C aPACH, PlgpmA8Si79 7i7.6PHON6IOa1122NFilY6 October 5. 1990 ~enorable Mayor and City Commission Members At': antic Beach. Florida Lear Mayor and City Commission Members: In regards to the Financial Advisor's report, please be advised. additional information will be provided to you at the meeting recapitulating accumulated data. Prior thereto, I am enclosing background letters from various resources should you agree with recorume ndations to proceed with refunding (our Financial Advisor will further explain-please refer to his report). basically. you are being asked to consider four items. 1. Acceptance of the report submitted by Burton & Associates. doted September 26. 1990. ' _. Agree with the Financial Advisor's recommendation to refund certain current issues (water and sewer) this calendar .year. 3. Approve the proposed financing team (subject to your modification, of course) consisting of the City Manager. Finance Director. Financial Advisor, Squire, Sanders and Dempsey (bond counsel), William R. Hough 6 Co. (underwriter), Purvis Gray S Co. (comfort letter), Deloitte fi Touche (escrow verification), and Gee 6 Jenson (bonding engineering report). 4. Authorize to proceed with phase III and IV of the City of Atlantic Beach's contract with its Financial Advisor. Burton 6 Associates (ie. bonding and rate study). ~A ~_ ~4 ~' ~'^I ~' CTSY OP ASI.ApfIC DEA® SPBCIAL COMMISSIOp IOTE7Ilp: MOMDAi, OCIOBER 15, 1990, 7:30 P.M. Call to order I. Marlene Brown, Comptroller of Pic N' Save, requests [he late fee for said company be removed from the Occupa[ioml License For PY October 1990. Also requesting that in the future, for proof of date received for non-time ly licenses filed, [he mailing envelope ehculd be saved by [he CL[y Clerk's Office. 2. Noe, Eakin b Foody, attorneys for Ira Bratcher requests the City Commission direct [he contractor of Section N to work Sn another area of said project while St. Johns Siver pater Management District considers a proposal submitted [o same for consideratioa. (Paul Eakin, attorney) 3. Financial advisor's report and consideration to proceed: 1. acceptance of Burton b Asaoe ia[es report, Sept. 26, 1990 2. refunding certain current debt 3. approving suggested finance team 4. Phase III b IV of contract with Burton A Associates 4. Any other business Adjournment ~' !, OCTOBER s. atae..aa~ ~ ~/~ u~p~e~