02-25-85 v AGENDA
CITY OF ATLANTIC BEACH
February 25, 1985
Call to Order
Invocation and Pledge to Flag
1 . Approval of the Minutes of February 11, 1985
Approval of Minutes of Special Called Meeting of February 19, 1985
2. Recognition of Visitors
3. Correspondence
A. From Mr. Bill Newton, General Manager, Cox Cable Jackson-
ville Beaches, advising of plans by Cox Cable to sell
its cable systems serving the Beaches communities to
Rifkin/Jacksonville Beaches Associates.
4. Advisory Planning Board - Meeting of February 19, 1985
A. Request for Rezoning - Bull Brothers, LTD
B. Request for Rezoning - Vincent and Mary DeSalvo
C. Review of Proposed Changes to Aquatic Gardens Subdivision
5. New Business
A. Action by City Commission to ratify and approve the
Collective Bargaining Agreement with Fraternal Order of Police
B. Request from Mr. G. Edward Martin, Chairman, Beaches CATV
Board, for appropriate action by the City to give the
Beaches CATV Board authority to grant variances to the
"underground service" rule under certain conditions,
allowing Cox Cable to serve certain customers on an
aerial basis.
C. Request from Association of Christian Athletes for special
permission to have a sing-along by an open fire on the
beach following its staff meeting at the Sea Turtle on
March 8.
D. Request from W. E. Grissett, Jr. , on behalf of Omaa Invest-
ments, Ltd. , for connection to the City's water and sewer
systems of property outside the City on the oceanfront
on Seminole Road
E. Consideration of proposed Voluntary Cooperation Agreement
between Atlantic Beach, Neptune Beach, and Jacksonville Beach,
re-establishing mutual aid in the field of law enforcement.
6. Unfinished Business
A. Further discussion regarding possible acquisition by the
City of Buccaneer Service Company, Inc. , specifically,
notice from City Attorney to Buccaneer to refrain from
entering into or obligating itself to provide water and
sewer service by the execution of developer agreements.
7. Report of Committees
8. Action on Resolutions
A. Resolution No. 85-4 - Favoring Extended Area Telephone
Service Between Beaches, Mandarin,
and Orange Park
9. Action on Ordinances
A. Ordinance No. 95-85-26 - An Ordinance Amending the Ordinance
Code of the City of Atlantic Beach;
Amending Section 2-141 to Provide
Membership and Initial Terms;
Amending Section 2-142 to Provide the
Chairman May Declare an Office Vacant
For a Member Missing Two Out of Three
Consecutive Meetings; Amending
Section 2-146 Providing for the
Jurisdiction of the Code Enforcement
Board; Amending Section 2-140 Provid-
ing Penalties and Liens; Amending
Section 2-151 Providing an Appeal
Process; Providing an Effective Date.
Second Reading - Public Hearing
B. Ordinance No. 75-85-4 - Amending the Ordinance Code of the
City of Atlantic Beach, Florida;
Amending Chapter 21, Article II,
Division 1, Section 21-24(a) to
Provide for Adoption by reference of
Florida Statutes Chapter 705.16,
on Abandoned Property in its
entirety; Providing an Effective Date
C. Ordinance No. 80-85-25 - Amending the Ordinance Code of the
City of Atlantic Beach, Florida;
Amending Chapter 22, Article II,
Section 22-22 to Provide a Fee of
$10.00 to Re-establish Service After
Cut-off; Providing an Effective Date
10. Miscellaneous Business
11. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT THE CITY HALL ON FEBRUARY 25, 1985 AT 7:15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
William I. Gulliford, Jr. D D
John W. Morris, Jr.
Catherine G. Van Ness, Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook, was followed by the pledge to the flag.
Approval of the Minutes of February 11, 1985
Under Correspondence A. , Commissioner Morris pointed out that he voted
Nay on the motion. The minutes reflected his vote as Aye.
Motion: Approve the minutes of February 11, 1985 as corrected. Cook x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * ;; .. * * * Howell x
Approval of Minutes of the Special Called Meeting of February 19, 1985
Motion: Approve the minutes of the Special Called Meeting of Cook x
February 19, 1985 as presented. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
* * * ;: * * * * * * * * * * * * * * * * * * * * * * * Howell x
Recognition of Visitors - None
Correspondence
A. From Mr. Bill Newton, General Manager, Cox Cable Jacksonville Beaches
advising of plans by Cox Cable to sell its cable systems serving the
Beaches communities to Rifkin/Jacksonville Beaches Associates.
Mr. Edward Martin, Chairman of the CATV Board was present and advised
the Commission that plans by Cox Cable to sell its cable systems would
be presented to the CATV Board at their next meeting on Wednesday,
February 27, 1985. The City Attorney suggested the item be deferred
until after the CATV Board meets and offers their recommendations.
Advisory Planning Board - Meeting of February 19, 1985
A. Request for Rezoning - Bull Brothers, LTD
Commissioner Morris reported that the Advisory Planning Board met on
February 19, 1985 and considered a request by Bull Brothers, LTD for
PAGE TWO V V
MINUTES NAME OF
FEBRUARY 25, 198,5 COMMRS. M S Y N
Advisory Planning Board - continued
rezoning from Open Rural to: a portion of the land Commercial General to
build a motel, and the other portion zoned RG-2 for some living units.
The Advisory Planning Board voted to recommend approval. He noted that
Bull Brothers,LTD. had requested rezoning for living units be RG-3 but
the Board recommended RG-2. Commissioner Morris added it was a bit re-
freshing to see something come before the Board in that area other than
mini-warehouses and convenience stores.
Motion: Move to prepare the Ordinance for introduction at the next Cook x x
meeting. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. Request for Rezoning - Vincent and Mary DeSalvo
Commissioner Morris reported the Advisory Planning Board also considered
the request by Vincent and Mary Desalvo for rezoning from ILW to CG
(Commercial General) to construct a Hardee's hamburger restaurant on
the corner of Levy and Mayport Rd. The Advisory Planning Board voted
to recommend approval. He added that in the proposed rezoning of May-
port Road that portion of land is shown as CG, so he did not consider
it to be spot zoning.
Motion: Move to prepare the Ordinance for introduction at the next Cook x x
meeting. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x
* * * * * * * * * * * * * ;: * * * * * * * * * * * * * * * * Howell x
C. Review of Proposed Changes to Aquatic Gardens Subdivision
Commissioner Morris reported the Board held a lengthy discussion
at the meeting of February 19, 1985 on whether the changes to Aquatic
Gardens Subdivision needed to come before the Advisory Planning Board.
They determined it was not appropriate to be reviewed by the Board.
The subdivision was initially approved with the concept of garages
but now he wants the garages to be optional. Mr. Jaffa also wants to
change the exteriors to a combination of stucco and tectured wood
siding in lieu of block. The party wall will be of 8" block construct-
ion. Commissioner Morris said it was his understanding that Mr. Jaffa
could make those changes without approval from anyone. Mr. Fellows
commented he had investigated the matter, and since the Planning Board
does have site plan approval as it relates to off-street parking, etc.
and since they wanted to make what he considered major changes, he felt
the matter should come back before the Advisory Planning Board and the
City Commission. It was agreed that keeping the garages in the plan
would maintain higher property value. The question was asked if there
was any discussion at the Planning Board meeting about Cutlass Drive,
and Commissioner Morris said there were no plans for that street.
PAGE THREE V V
MINUTES NAME OF
FEBRUARY 25, 1985 COMMRS. MSYN
-
Advisory Planning Board - continued
There is an option that the city holds on a foot bridge across the
ditch so the school children can go back and forth to school. A
representative stated the city is holding a letter of credit for $6,000
to cover that road at Cutlass, and the city had one year to call for it.
Commissioner Morris suggested the Commission request the City Attorney
to make a full review to see if it is in order. The City Commission
agreed. No action would be taken until the City Attorney reports back.
The City Attorney advised that later the City Commission would have to
take a position on certain easements shown on the original plat of 7.5'
on the perimeter of each side of the property, but not on the replat.
Commissioner Morris reported the Advisory Planning Board also discussed
the proposed rezoning of Mayport Road. A Workshop Meeting will be held
soon to address only that. Date will be announced later. He invited all
interested to attend. He asked the Commission to give some thought to
hiring a professional planner to look at the proposed zoning, especially
on the west side, with the thought towards considering a secondary norta
south artery and have a commercial zone there.
New Business
A. Action by City Commission to ratify and approve the Collective Bar-
gaining Agreement with Fraternal Order of Police
Mayor Howell acknowledged receipt of the Collective Bargaining Agree-
ment that was reached by a negotiating team with the Fraternal Order of
Police. Mr. Dickinson, attorney representing the city, was present to
answer any questions. Commissioner Morris asked Mr. Mullis for an
opinion, and he stated the agreement was very much in keeping with
the policy decisions the Commission had laid down at the orginial
session on collective bargaining, and expressed the opinion that
Messrs. Dickinson, Moss, and Fellows, along with the Chief of Police
had done an outstanding job.
Motion: Move for approval and adoption of the Collective Bargain- Cook x
ing agreement with Fraternal Order of Police. Morris x
During discussion before the vote, Commissioner Cook asked what the
Mayor's Floating Holiday was (paragraph 10.1, page 19) . Mayor Howell
stated this was designated several years ago as the day after Thanks-
giving by vote of the employees.
Cook x x
The question was called and the motion carried unanimously. Gulliford x
Morris x x
Van Ness x
Howell x
PAGE FOUR V V
MINUTES NAME OF
FEBRUARY 25,1985 COMMRS. MSYN
New Business - continued
B. Request from Mr. G. Edward Martin, Chairman, Beaches CATV Board, for
appropriate action by the City to give the Beaches CATV Board
authority to grant variances to the "underground service" rule under
certain conditions, allowing Cox Cable to serve certain customers on
an aerial basis.
Mayor Howell acknowledged receipt of a letter of request from Mr. Martin,
Chairman, Beaches CATV Board requesting authority for the Board to
grant variances for Cox Cable to serve certain commercial buildings on
an aerial basis. The current franchise provides for all customers to be
served underground. Mr. Martin requested the Commission to take appro-
priate action to give the Beaches CATV Board authority to grant variances
to the "underground service" rule under the following conditions:
1) each variance will be on an individual case basis; 2) each customer
will already be served aerially by either or both his power and phone
service, and 3) normal underground service is economically unfeasible
due to the customer location being surrounded by a parking lot or other
surface construction. Following discussion, Commissioner Gulliford
moved for the following:
Motion: Authorize the CATV Board the authority to grant variances Cook x
subject to the three conditions set forth in Mr. Martin's Gulliford x x
letter. Morris x x
Van Ness x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * ;: * * * * * * * * * * * * * * * * * * * ;; * * * * * *
C. Request from Association of Christian Athletes for special permis-
sion to have a sing-along by an open fire on the beach following
its staff meeting at the Sea Turtle on March 8.
Mayor Howell acknowledged a request from the National Association of
Christian Athletes for special permission to have a sing-along by an
open fire on the beach following a staff meeting at the Sea Turtle on
March 8,1985. The request did not include alcholic beverages.
Motion: Approve the request from the National Association of Cook x
Christian Athletes for a sing-along by an open fire on the Gulliford x x
beach following a staff meeting at the Sea Turtle on Morris x x
March 8, 1985. Van Ness x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * *- * * * * * * * * * * * * * *- * * *
D. Request from W. E.Grissett, Jr. , on behalf of Omaa Investments,Ltd. ,
for connection to the City's water and sewer systems of property
outside the City on the oceanfront on Seminole Road
Mayor Howell stated he thought Mr. Grissett was aware of the prohibi-
tion on sewer and what they were asking for was water immediately and
•
•
PAGE FIVE V V
MINUTES Names of
FEBRUARY 25, 1985Commrs. M S Y N
New Business - continued
sewer when available. The City Attorney stated their connection would
be in conjunction with the agreement already reached with Mr. Akel, the
Bluffs, Sea Gardens, and Pelican Dunes when and if services are avail-
able.
Motion: Approve W. E. Grissett, Jr. 's request for water service Cook x x
on oceanfront property located outside city limits, and Gulliford x x
sewer when available, subject to the understanding that Morris x
all costs will be at the expense of the owners and devel- Van Ness x
opers with no reimbursement expected at any time. After Howell x
completion of the new waterline extension, it will be
owned and operated by the City of Atlantic Beach. The
City Attorney and City Manager will prepare the agree-
ment in conjunction with the other condominiums agree-
ment.
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
E. Consideration of proposed Voluntary Cooperation Agreement between
Atlantic Beach, Neptune Beach, and Jacksonville Beach, re-establish-
ing mutual aid in the field of law enforcement.
The Mayor stated the Voluntary Cooperation Agreement between the three
beach cities was coming up for renewal and each Commissioner had re-
ceived a copy for their perusal. The City Attorney advised he had
reviewed the proposed agreement and it was in proper form.
Motion: Move for passage of the Voluntary Cooperation Agreement Cook x
between Atlantic Beach, Neptune Beach, and Jacksonville Gulliford x x
Beach. Morris x x
Van Ness x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
6. Unfinished Business
A. Further discussion regarding possible acquisition by the City of
Buccaneer Service Company, Inc. , specifically, notice from City
Attorney to Buccaneer to refrain from entering into or obligating
itself to provide water and sewer service by the execution of
developer agreements.
Mr. Mullis reported that he was instructed at the last Committee meet-
ing to ask Buccaneer, during the period of negotiation, not to enter
into any other developer agreement. He advised the Commission that he
had requested Buccaneer refrain from doing so until negotiations are
either terminated or consummated. He was still waiting a reply as to
the effective date in that regard. Commissioner Morris asked if there
had been consideration to a "no compete" clause. Mr. Mullis answered
•
PAGE SIX V V
MINUTES NAME OF
FEBRUARY 25, 1985 COMMRS. MS Y N
.
Unfinished Business - continued
consideration was given to it. Mayor Howell noted that he felt sure
Buccaneer would be happy to furnish such an agreement if desired.
Report of Committees No reports.
Action on Resolutions
A. Resolution No. 85-4
Mayor Howell presented and read in full proposed Resolution No.85-4, a
Resolution favoring extended area telephone service between Beaches,
Mandarin, and Orange Park.
Motion: Move for passage of Resolution No. 85-4. Cook x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
Van Ness x
.. * * •* * * * * * * ,. * * * * * * ,, * * * x .. * * * Howell x
Action on Ordinances
A. Ordinance No. 95-85-26 - Second Reading - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH;
AMENDING SECTION 2-141 TO PROVIDE MEMBERSHIP AND INITIAL TERMS; AMEND-
ING SECTION 2-142 TO PROVIDE THE CHAIRMAN MAY DECLARE AN OFFICE VACANT
FOR A MEMBER MISSING TWO OUT OF THREE CONSECUTIVE MEETINGS; AMENDING
SECTION 2-146 PROVIDING FOR THE JURISDICTION OF THE CODE ENFORCEMENT
BOARD; AMENDING SECTION 2-140 PROVIDING PENALTIES AND LIENS; AMENDING
SECTION 2-151 PROVIDING AN APPEAL PROCESS; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Howell, in full, in writing for
second and final reading. Said Ordinance was posted in line with
Charter requirements. The Mayor opened the floor for a Public Hearing.
As no one spoke for or against, the Mayor declared the Public Hearing
closed.
Motion: Said Ordinance No. 95-85-26 be passed on second and final Cook x x
reading. Gulliford x x
Morris x
During discussion before the vote, Commissioner Morris referred to Van Ness x
page 3, paragraph A, the amount of $5,000. He asked the City Attorney Howell x
if that amount was enough, and Mr. Mullis said yes, in most cases.
It was determined the Ordinance could be amended later, if needed.
* * * * * * * * * * * * * *. * * * .. * is * * * * * * * * *
B. Ordinance No. 75-85-4 - first reading
•
PAGE SEVEN V V
MINUTES NAME OF
FEBRUARY 25, 1985 COMMRS. M S Y N
Action on Ordinances - continued
No. 75-85-4
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA;AMENDING CHAPTER 21, Article II, Division 1, Section 21-24(a)
TO PROVIDE FOR ADOPTION BY REFERENCE OF FLORIDA STATUTES CHAPTER 705. 16 ,
ON ABANDONED PROPERTY IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Howell in full, in writing, on
first reading.
Motion: Ordinance No.75-85-4 be passed on first reading. Cook x
Gulliford x
Morris x x
Commissioner Gulliford asked why the number of hours had been struck. Van Ness x x
The City Attorney stated the city will be following the State Statute. Howell x
The question was called and the motion carried unanimously.
Mayor Howell set the Public Hearing for March 11, 1985.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Ordinance No. 80-85-25 First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-22 TO PROVIDE A
FEE OF $10.00 TO RE-ESTABLISH SERVICE AFTER CUT-OFF; PROVIDING AN
EFFECTIVE DATE.
Said Ordinance was presented by Mayor Howell in full, in writing, on
first reading.
Motion: Ordinance No. 80-85-25 be passed on first reading. Cook x
Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Van Ness x x
Mayor Howell set the Public Hearing for March 11, 1985. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
The City Manager noted the Commission, at the last meeting, had asked
him to come back with a recommendation on what to do on the annual audit.
He recommended the city follow Florida Statutes Chapter 473.317, sub-
paragraph 4, for purposes of seeking proposals, and solicit proposals
from at least ten firms following which the Commission will be asked
to rank the firms on some sort of a priority basis for interview.
Motion: Authorize the City Manager to proceed to seek proposals Cook x
from CPA firms auditing to comply with the State Statute. Gulliford x x
Morris x
During discussion, it was brought out that Price Waterhouse had pre- Van Ness x x
pared the city's audit for three years and it was in the best interest Howell x
of the city to seek proposals. The question was called and the motion
carried unanimously.
PAGE EIGHT V V
MINUTES NAME OF
FEBRUARY 25, 1985 COMMRS. MSYN
Miscellaneous Business - continued
The City Attorney reported on the effectiveness of the Code Enforcement
Board. At the request of the Board, the City Clerk advised thirty-five
people who were delinquent in paying their occupational license tax
by letter which stated if the license was not paid by fifteen days,they
would be referred to the Code Enforcement Board. Everyone has paid with
the exception of one who has agreed to pay next week.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned.
(Seal) xi-Zed/
Willia S. Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker CMC
City Clerk
•
ORDINANCE NO. 95-85-26
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
ATLANTIC BEACH; AMENDING SECTION 2-141 TO PROVIDE MEMBERSHIP
AND INITIAL TERMS; AMENDING SECTION 2-142 TO PROVIDE THE
CHAIRMAN MAY DECLARE AN OFFICE VACANT FOR A MEMBER MISSING
TWO (2) OUT OF THREE (3) CONSECUTIVE MEETINGS; AMENDING
SECTION 2-146 PROVIDING FOR THE JURISDICTION OF THE CODE
ENFORCEMENT BOARD; AMENDING SECTION 2-149 PROVIDING PENALTIES
AND LIENS; AMENDING SECTION 2-151 PROVIDING AN APPEAL PROCESS;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 2-141 Code Enforcement Board created; membership; terms.
(a) There is hereby created a Codes Enforcement Board of the City of Atlantic
Beach, Florida, which shall consist of seven members to be appointed by the
Mayor and approved by the City Commission. All members of the Board shall be
residents of the City and shall serve without compensation.
(b) The membership of the Codes Enforcement Board shall, whenever possible,
eeasist-of-expezts-include persons in the following fields:
1. Architect.
2. A business man.
3. An engineer.
4. A general contractor.
5. A- egisteyed-real-estate-b-reker.A realtor.
6. A sub contractor
7. A person with zoning and building experience
(c) The initial appointments to the Code Enforcement Board shall be as
follows:
1. Two (2) members shall be appointed for a term of one (1)
year.
2. Three (3) members shall be appointed for a term of
two (2) years.
3. Two (2) members shall be appointed for a term of three (3)
years.
Thereafter, each term shall be for a period of three (3) years.
(d) Any member may be reappointed from term to term upon approval of the
City Commission.
Section 2-142. Removal; filling vacancies.
Members of the Codes Enforcement Board may be removed from office by the City
Commission for cause upon written charges and after public hearing. Any
member who fails to attend two (2) out of three (3) consecutive meetings
without cause and without prior approval of the Chairman of the Eodes-
Estfefeefent Board, shall atltomaticaily-forfeit-his-appointment have his
office declared vacant and the City Commission shall promptly fill such
vacancy. Vacancies shall be filled by appointment by the Mayor and approval
of the City Commission for the unexpired term(s) affected.
Section 2-146. Jurisdiction.
(a) The Code Enforcement Board shall have the jurisdiction and authority to
hear and decide alleged violations of the following codes and ordinances of
the city:
1. Animals and Fowl (Chapter 4 of the Code)
2. Buildings and Building Regulations (Chapter 6 of the Code)
3. National Electrical Code (Chapter 6 of the Code)
4. Fire Prevention Code (Chapter 7 of the Code)
5. Flood Hazard Districts (chapter 8 of the Code)
6. Licenses and Business Regulation (Chapter 20 of the Code)
7. Mobile Homes and Recreational Vehicles (Chapter 10 of the
Code)
8. Noise Code (Chapter 11 of the Code)
8. Nuisance Code (Chapter 12 of the Code)
9. Plumbing Code (Chapter 6 of the Code)
10. Refuse and Garbage (Chapter 16 of the Code)
11. Signs and Advertising Structures (Chapter 17 of the Code)
12. Solicitation (Chapter 18 of the Code)
13. Swimming Pool (Chapter 6-91 of the Code)
14. Trailers and Trailer Parks (Chapter 10 of the Code)
15. Trees (Chapter 23, Article II of the Code)
16. Wastewater System (Chapter 22, Article III of the Code)
17. Weeds, Accumulation of (Chapter 23, Article III of the Code)
18. Zoning and Subdivision Regulations (Chapter 24 of the Code)
(b) The jurisdiction of the Codes Enforcement Board shall not be exclusive.
Any alleged violation of any of the provisions in subsection (a) may be
pursued by appropriate remedy in court at the option of the administrative
official whose responsibility it is to enforce that respective Code or
Ordinance.
-2-
Section 2-149. Penalties; Lien.
(a) The Codes Enforcement Board may order a respondent to pay a fine not to
exceed Two Hundred fifty ($250) per day that any violation continues past the
date set for compliance in the order of the Board issued after the hearing. A
certified copy of an order for a fine may be recorded in the public records
of the office of the Clerk of the Circuit Court in and for Duval County,
Florida, and once recorded, shall constitute a lien against the land on which
the violation exists, or, if the violator does not own the land, upon any
other real or personal property owned by the violator; and it may be enforced
in the same manner as a court judgment by the sheriffs of this state,
including levy against the personal property. No lien shall exceed Five
Thousand Dollars ($5,000) in total principal amount, eltheagh-aeeraed-
fnterest-may-aeerimnlate-above-sa}d-amevxt-
(b) After one (1) year from the filing of any such lien which remains unpaid,
the-elty-fay-€eeelese-the-lien-is-the-some-maser-es-mortgage-less-are-
€eyeelesed- the enforcement Board may authorize the City Attorney to
foreclose on the lien. Eseh-l4en-shat•1-be-seper4er-to-a41-eche+.-1}eas-except-
a-ller►-€er-twos;-asd-shall-bear-leterest-a-t-the- ate-e€-tea-pereent--(48:0-
per-sans --€rem--he-date-€4le4,-
Section 2-151. Appeal.
Any aggrieved party, including the local governing body, may appeal a r-ta-l-iag-
en-erher final order of the Codes Enforcement Board by to €er14$rar4,-
eeccd4sgs-444-e4-4e-the Circuit Court of Duval County, Florida, within
thirty (30) days of the execution of the order to be appealed. 41e-
pct4-t4es-€o-r-4,4 --e-f-£e-r-t3o-ra-r3-axis•t-b-e— -34e4-w4-tb-i bar-ty--(30-)-flays-a-ftE.r-
-the-he-a-r-ifag-$-t-wh-iek-the-er4er-waa •nam F-e4, The scope of review shall be
limited to the record made before the Board and shall not be a trial de novo.
The Board shall by rule establish reasonable charges for the preparation of
the record to be paid by the petitioner.
Section 2. This Ordinance shall take effect immediately upon passage.
* * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading
Passed by the City Commission on Second and Final Reading
William S. Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker,City Clerk
Approved as to form
and Correctness:
Claude L. Mullis,City Attorney
-3-
RESOLUTION NO. 85-4
A RESOLUTION FAVORING EXTENDED
AREA TELEPHONE SERVICE BETWEEN
BEACHES, MANDARIN, AND ORANGE PARK
WHEREAS, the result of the deregulation of the telephone industry
has created a hardship for the residents of Atlantic Beach, Florida, and
WHEREAS, this hardship results in increased costs due to the
necessity of making long-distance calls to contact businesses,
acquaintances, and others in the Mandarin area of Jacksonville, and
WHEREAS, a community of interest exists between the residents of
Atlantic Beach and Mandarin, and
WHEREAS, The Honorable Edward Holtsinger, City Councilman of the
City of Jacksonville, is negotiating with Southern Bell for extended
area telephone service between the Beaches, Mandarin and Orange Park,
and
WHEREAS, the City Commission of the City of Atlantic Beach wishes
to support the efforts of the said Honorable Edward Holtsinger, City
Councilman, City of Jacksonville,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, as follows:
I
Section 1 . The City Commission of the City of Atlantic Beach,
Florida, supports the efforts of The Honorable Edward Holtsinger, City
Councilman, City of Jacksonville, Florida, in his efforts to gain
extended area telephone service from the Beaches to Mandarin and Orange
Park, resulting in the elimination of long-distance charges for calls
between these areas.
Section 2. The City Clerk is ordered to furnish a certified copy
of this resolution to the Honorable Edward Holtsinger and officials of
Southern Bell Telephone F, Telegraph Company.
Section 3. This resolution shall take effect upon its adoption.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission February 25, 1985
(
'Williafn S. lowell, Mayor,
(SEAL) y ,
Presiding Officer
ATTEST: CERTIFICATION
I certify this to be a true and correct
2� I�P) / � r copy of the record in my office.
A elaide R. Tucker, CMC, City Clerk WITNESSETH my hand and official seal
Aper ved as to Form and Correctness: of the City of Atlantic Beach, Florida,
`✓ this the,26±day of ge ca,,L,
1915.
tClaude L. Mullis, Cityy_Attorney ,--City Clerk
February 26, 1985
Board of Directors
Buccaneer Service Company, Inc.
Atlantic Beach, Florida
The accompanying forecasted statement of revenue and expenses, and summary
of significant forecast assumptions of Buccaneer Service Company, Inc. (the
Company) during the six years ending December 31 , 1990 presents, to the best
of management' s knowledge and belief, the Company' s expected revenue and
expenses for the forecasted period. The forecast was undertaken to evaluate
the ability of the Company to meet the operating expenses, working capital
needs and other financial requirements during the six years ending December
31 , 1990 if the City of Atlantic Beach (the City) were to acquire and operate
the Company. Because the cost of the facility and associated financing has
not been finalized, the forecast does not include debt amortization and
related interest charges and depreciatio .\ )0
This statement of Forecasted Revvhl nd Expenses is presented on a cash
basis and in accordance with the requirements of the Florida Public Service
Commission which basis differ from generally accepted accounting principles.
Accordingly, this statement is not designed for those who are not informed as
to such differences .
We have made a review of the forecast in accordance with applicable
guidelines for a review of a financial forecast established by the American
Institute of Certified Public Accountants . Our review included those
procedures we considered necessary to evaluate both the assumptions used by
management and the preparation and presentation of the forecast.
Our procedures included analysis of :
. Company history, objectives, timing and financing.
. The future demand for the Company' s services, including
consideration of economic and demographic characteristics of the
Company' s defined service area locations , capacities and
competitive information pertaining to other existing and planned
area utilities and historical utilization levels.
. The financial and statistical information in this forecast was
prepared by reference to billing registers, books of account and
other records of the Company.
The forecast presents management' s estimate of the most probable results
of operations for the forecast periods .
Board of Directors February 26, 1985
Buccaneer Service Company, Inc . Page Two
Accordingly, the forecast reflects its judgment, based on present
circumstances , of the most likely set of conditions and its most likely course
of action.
Our conclusions are presented below:
. We believe that the accompanying forecast is presented in
conformity with applicable guidelines for presentation of a
financial forecast established by the American Institute of
Certified Public Accountants .
. We believe that the underlying assumptions provide a reasonable
basis for management' s forecast. However, some assumptions
inevitably will not materialize, and unanticipated events and
circumstances may occur; therefore, the actual results achieved
during the forecast periods will vary from the forecast, and the
variations may be material .
. The accompanying forecast indicates that sufficient funds could be
generated to meet the Company' s operating expenses, working
capital needs, debt service and other financial requirements
during the forecast periods . The amount of surplus (revenue in
excess of expenses on a cash basis) depends upon the amount
required for debt amortization and related interest expense.
However, the achievement of any financial forecast is dependent
upon future events, the occurrence of which cannot be assured . We
have no responsibility to update this report for events and
circumstances occurring after the date of this report.
Certified Public Accountants
BUCCANEER SERVICE COMPANY, INC.
STATEMENT OF FORECASTED REVENUE AND EXPENSES
Six Years Ending December 31, 1990
1985 1986 1987 1988 1989 1990
Projected equivalent connections 2,492 3,737 4,282 4,797 4,947 5,407
Operating revenues:
Water $138,585 $ 225,390 $ 268,770 $ 306,198 $ 316,134 $ 352,680
Sewer 451,718 772,770 886,536 1,027,488 1,055,964 1,138,764
590,303 998,160 1,155,306 1,333,686 1,372,098 1,491,444
Impact fees (connection charges) - 1,556,250 681,250 643,750 125,000 575,000
Total 590,303 2,554,410 1,836,556 1,977,436 1,497,098 2,066,444
Operations and maintenance expense 120.000 130,800 142,572 155,403 169,389 184,634
Net revenue over expenses before capital
outlays, debt amortization and related
interest charges, and depreciation 470,303 2,423,610 1,693,984 1,822,033 1,327,709 1,881,810
Projected capital outlays:
400,000 GPO sewer tank 400,000
Outfall line pump station 40,000
Contingency for large item replacement 20,000 20,000 25,000 25,000 25,000
Westside force main 110,000
130,000 GPD water tank 75,000
Lakeside lift station
Emergency generator 18,000
400,000 GPD sewer tank 400,000
Old area replacements 60,000
Total expected capital outlays - 588,000 155,000 425,000 25,000 25,000
Net revenue over expenses before debt
amortization and related interest charges,
and depreciation $470,303 $1,835,610 $1,538,984 $1,397,033 $1,302,709 $1,856,810
(1)
BUCCANEER SERVICE COMPANY, INC.
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
Six Years Ending December 31 , 1990
This financial forecast presents to the best of management' s knowledge and
belief , the Company' s expected revenue and expenses for the forecast period on
a cash basis . Accordingly, the forecast reflects management's judgment, based
on present circumstances , of the expected conditions and its expected course
of action. The assumptions disclosed herein are those that management
believes are significant to the forecast. Some assumptions inevitably will
not materialize, and unanticipated events and circumstances may occur
subsequent to February 26, 1985, the date of this forecast. Therefore, the
actual results achieved during the forecast period will vary from the forecast
and the variations may be material .
a. Summary of Significant Accounting Policies . This statement of
Forecasted Revenue and Expenses on a cash basis presented in
accordance with the requirements of the Florida Public Service
Commission which differ from generally accepted accounting
principles . Accordingly, this statement is not designed for those
who are not informed as to such differences .
b. Acquisition by the City of Atlantic Beach. The forecast assumes
acquisition of the Company by the City of Atlantic Beach and then
operation and maintenance by the City of Atlantic Beach.
c . Projected Equivalent Connections . The forecast of revenues is based
on the present level of equivalent connections, future connections
which have been contracted for by the respective property developers
and other projected future expansion, primarily planned additions to
existing developments .
d. Water and Sewer Rates . The water and sewer rates used in this
forecast are the published rates for the City of Atlantic Beach under
the current tariff . The rates used are one and one-half ( 1-1/2)
times the rates used inside the City as required by such tariff
schedule since the Company' s service area is entirely outside the
city limits.
e. Water Consumption Revenue. The forecast uses the Public Service
Commission (PSC) average of 350 gallons per day per connection for
water consumption of projected commercial connections and 300 gallons
per day for multiple housing connections . The forecast also projects
residential water consumption based on the Company' s actual average
consumption for residential users for the year ended December 31 ,
1984 of 230 gallons per day per residence which is lower than the PSC
average of 350 gallons per day.
(2)
BUCCANEER SERVICE COMPANY, INC.
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
Six Years Ending December 31 , 1990
(Continued)
f. Sewer Usage Revenue. The sewer user charges are a fixed charge per
connection at the City of Atlantic Beach rates (see Note d above) .
g. Impact Fees . The impact fees (contributions in aid of construction -
connection charges) used in this forecast are the published charges
by the City of Atlantic Beach for anticipated connections under the
current tariff for years after 1985. 1985 impact fees of $414,874
are assumed to accrue to the Company prior to the acquisition and
have not been included in the forecasted revenues.
h. Operating and Maintenance Expenses . These expenses are based on
December 31 , 1984 actual expenses increased at an annual rate of 9%
per year compounded . The operating and maintenance expenses do not
include general and administrative expenses ( including officers '
salaries) , taxes and regulatory commission expense because these
expenses will not be incurred by the City of Atlantic Beach after it
acquires the Company and assumes operational control . Depreciation
and amortization expense are also not included since these are a
non-cash charge.
i . Inflation. The revenues and expenses have not been adjusted upward
in the forecasted years for any cost of living escalators.
j . Future Capital Expenditures . The future cash outlays for the
additional required plant additions which will increase capacity as
required when additional connections are made as projected after 1985
for future years are estimated based on similar capital expenditures
for plant additions in the prior two years.
•
If D
(3)
Amount of annual payment to amortize $1,000,000
$3 million $4 million
20 year term
9.5% $113,476.69 $340,430.08 $453,906.76
8.5% 105,670.97 317,012.91 422,683.88
7.5% 98,092.19 294,276.57 392,368.76
6.5% 90,756.40 272,269.20 363,025.60
15 year term
9.5% 127,743.69 383,231.07 510,974.76
8.5% 120,420.46 361,261.38 481,681.84
7.5% 113,287.24 339,861.72 453,148.96
6.5% 106,352.78 319,058.34 425,411.12
10 year term
9.5% 159,266.15 477,798.45 637,064.60
8.5% 152,407.70 457,223.10 609,630.80
7.5% 145,685.93 437,057.79 582,743.72
6.5% 139,104.69 417,314.07 556,418.76