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11-13-95 v • CITY OF ATLANTIC BEACH November 13, 1995 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Meeting of November 7, 1995 2. Recognition of Visitors: Unfinished Business: * A. Discussion and related action in connection with the 16th Street dune overwalk (Commissioner Rosenbloom) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 3. Consent Agenda: A. Acknowledge receipt of Public Works Status Report (Bob Kosoy) B. Acknowledge receipt of Building Dept. Report for October 1995 C. Acknowledge receipt of Code Enforcement Report for October 1995 D. Acknowledge receipt of Recreation Dept. Facilities Usage Report for October 1995 E. Authorize purchase of van for the Police Department pursuant to the specifications of Bid No. 9495-25 from Regency Dodge, at a cost of$17,884.00 4 Action on Ordinances: A. Introduction and first reading of Ordinance No. 35-95-10 providing for the re- financing of a balloon payment on the outstanding City Hall loan to the First Municipal Loan Council B. Public hearing and final reading of Ordinance 15-95-7 providing initial authorization for the issuance of not to exceed $24,500,000 utilities system revenue bonds * AMENDED AGENDA - Item previously listed as 6A is now included under Unfinished Business Page Two AGENDA November 13, 1995 5. New Business: A. Public hearing and action on a request for a Use-by-Exception filed by Richard Bell to operate an office for Richard Bell Building Contractor in his home at 1952 Beachside Court (George Worley) B. Acceptance of low bid of Beach Construction Company, Inc., in the amount of$680,000.00 for Water Treatment Plant #3 Improvements, pursuant to Bid No. 9495-16 (Bob Kosoy) C. Reconsideration of appointment of Mayor Pro Tem (Commissioner Rosenbloom) 6. City Manager Reports and/or Correspondence: 7. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment *AMENDED AGENDA - Item previously listed as 6A is now included under Unfinished Business If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. I I MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 13, 1995 v V O O PRESENT: Lyman T. Fletcher, Mayor T T John Meserve E E D D Tim Reed Steve Rosenbloom Suzanne Shaughnessy, Commissioners M S O E T C AND: Kim D. Leinbach, City Manager I O Y Alan C. Jensen, City Attorney NAME OF ON EN Maureen King, City Clerk COMMRS. N D S 0 {� The meetingwas called to order byMayor Fletcher. The invocation was Y followed by the pledge to the flag. 1. Approval of the minutes of the Regular Commission Meeting of November 7, 1995 MESERVE X X Motion: Approve minutes of the regular meeting of (REED X November 7, 1995 ROSENBLOOM X I 1 SHAUGHNESSY X X FLETCHER X The question was called and the motion carried unanimously. 2. Recognition of Visitors_ J. P. Marchioli, 414 Sherry Drive, requested that curb and gutters be installed at Sherry Drive when paving took place, to which the Mayor explained all infrastructure projects would be addressed at one time and that the city would explore whether or not to include curb and gutters at Sherry Drive. Arlene Cox, representing Cloister Condominium Association, requested use of the Commission Chambers to hold association meetings, to which the Mayor responded that if the Chambers was available the Association would be able to hold their meetings and he asked Ms. Cox to coordinate this with Maureen King, City Clerk. Unfinished Business: i I A. Discussion and related action in connection with the 16th Street overwalk Commissioner Rosenbloom reviewed recent action that had transpired relative to the 16th Street overwalk and he asked that the matter be 1 Minutes - Page 2 v V November 13, 1995 NAME OF COMMRS. MS Y N discussed. Reference was made to the minutes of August 28, 1995 at which time the Commission voted not to spend more than a total estimated cost of $25,900.00. Reference was also made to an agreement dated November 2, 1995, that was reached between Nancy Gay, current renter of property adjacent to the walkover, Commissioner Shaughnessy, and Kim Leinbach, City Manager, which indicated the City would assume some additional work. Commissioner Rosenbloom felt that since the Commission had indicated their intent not to spend additional money on the project, that the Commission should have been notified relative to negotiation of the agreement with the Gays. Commissioner Shaughnessy explained she had responded to a citizen complaint. She indicated the agreement negotiated between the Gays was done in concert with Bob Kosoy, Public Works Director, and Kim Leinbach, City Manager. A discussion ensued concerning whether or not staff would go over the budget of$25,900.00 if the agreement with Mr. & Mrs. Gay was honored. During discussion it was felt staff would not be able to honor the agreement and stay within budget. When asked if the agreement was legal, Alan Jensen, City Attorney, explained if the owner of the property did not sign the agreement it was not binding. He added the only agreement the City Manager would be allowed to sign that would be binding would be within the boundary set by the Commission at its meeting of August 28, 1995 ($25,900.00). MESERVE X Motion: Commission does not accept the agreement with REED X X Mr. & Mrs. Gay, and staff is not authorized to do further ROSENBLOOM X X SHAUG work pursuant to that agreement LETC FHNESSY X LETCHER X It was felt by Commissioners that staff needed to have direction as to how to complete the project. A discussion ensued concerning what would be the most economical method to complete the project, and Bob Kosoy explained the most economical method was as follows: with reference to the wall running north and south where the boards were on the outside, and the wall running east and west where the boards were on the outside, continue constructing the boards on the outside; with reference to the wall running east and west where the boards are on the inside, leave the boards on the inside alone. When asked his opinion on how much it would cost to finish the project Bob Kosoy indicated it would take approximately $1,000 in material and less than $2,000 in labor to complete the project.. Minutes - Page 3 V V November 13, 1995 NAME OF COMMRS. MS Y N The question was called on the motion not to accept the agreement with Mr. & Mrs. Gay and to do no further work pursuant to the agreement. Roll call vote resulted in 3-2 with Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion carried. Motion: Approve modification of$3,500.00 to finish the MESERVE X X 16th Street dune overwalk subsequent to the owner's REED X consent for city workers to enter on their property; ROSENBLOOM X X subject to having property owners deed right-of-way or a FLETCHERSSY X FLETCHER X few inches of property to the city if the boards of the project encroach on owner's property. The City • Manager and the Public Works Director will work with Mr. & Mrs. Gay to complete the project. In the event the existing concrete block wall should collapse it will be replaced at the owner's expense The question was called and the motion carried unanimously. 3. Consent Agenda: A. Acknowledge receipt of Public Works Status Report B. Acknowledge receipt of Building Dept. Report for October 1995 C. Acknowledge receipt of Code Enforcement Report for October 1995 D. Acknowledge receipt of Recreation Dept. Facilities Usage Report for October 1995 E. Authorize purchase of van for the Police Department pursuant to the specifications of Bid No. 9495-25 from Regency Dodge, at a cost of$17,884.00 MESERVE X X Motion: Accept Consent Agenda and approve those items REED X X requiring action ROSENBLOOM X re q g SHAUGHNESSY X FLETCHER X No discussion before the vote. The motion carried unanimously. Action on Ordinances: A. Ordinance No. 35-95-10 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING FOR THE REFINANCING OF A BALLOON PAYMENT ON THE OUTSTANDING CITY HALL LOAN TO THE FIRST MUNICIPAL LOAN COUNCIL AND FINANCING CERTAIN CAPITAL PROJECTS WITHIN THE CITY; Minutes - Page 4 v V November 13, 1995 NAME OF COMMRS. MS Y N AUTHORIZING THE BORROWING OF NOT EXCEEDING $1,200,000 FOR THAT PURPOSE; AUTHORIZING THE DELIVERY OF A PROMISSORY NOTE IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING$1,200,000 TO EVIDENCE THE OBLIGATION OF THE CITY TO REPAY SAME; FIXING THE FORM, DATE, MATURITY, AND INTEREST RATE WITH RESPECT TO SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF SUCH NOTE; AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 35-95-10. MESERVE X Motion: Approve passage of Ordinance No. 35-95-10 on REED X first reading and set public hearing on November 27, ROSENBLOOM X X 1995 SHAUGHNESSY X X FLETCHER X Following a brief discussion the question was called and the motion carried unanimously. B. Ordinance 15-95-7 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING INITIAL AUTHORIZATION FOR THE ISSUANCE OF NOT EXCEEDING $24,500,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 1996, OF THE CITY TO FINANCE THE COST OF CERTAIN IMPROVEMENTS TO THE CITY'S WATER, SEWER,AND STORM WATER UTILITIES; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE NET REVENUES DERIVED FROM THE CITY'S WATER, SEWER AND OTHER MONEYS; PROVIDING FOR THE MAKING OF COVENANTS WITH RESPECT TO THE FIXING OF RATES, FEES, AND CHARGES AND OTHER MATTERS IN CONNECTION WITH SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 15-95-7, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Alan Potter, 374 Second Street, read from a statement dated November 13, 1995, which he passed out to the Commission. (attached hereto and made a part hereof- Exhibit A), which outlined an alternate plan to borrow money from Barnett Bank. Minutes - Page 5 v V November 13, 1995 NAME OF COMMRS. MS Y N The following people spoke concerning the city adopting Ordinance No. 15- 95-7: J. P. Marchioli, 414 Sherry Drive, William McGee, 1831 Selva Marina Drive, Curtis Sanders, 2320 Barefoot Trace, Dorothy Kerber, 365 1st Street NeFt1 Bob Gray, 2440 Mayport Road, Julian Gregory, 1062 Ocean Boulevard, Ruth Gregg, 905 Sailfish Drive, William Gulliford, 75 Beach Avenue, Dezmond Waters, 1835 Seminole Road, Hugh Matthews, 2261 Oceanwalk Drive, and Mike Borno, 223 Oceanforest Drive. Some of the concerns expressed were as follows: . . .the Commission was urged to consider Alan Potter's suggestion; . . .it was felt that if the bonds were approved the city might not have any capacity for future borrowing; . . .concern was expressed as to how the city would pay future payments if it did not receive sufficient revenues; . . . the city was urged to delay action in light of the complexity of the matter. Other comments in favor of adopting Ordinance No. 15-95-7 were as follows:: . . .it was felt if the city did not move forward to address its problems Environmental Protection Agency fines might be levied against the city; . . .it was felt that all the projects were of a critical nature and needed to be addressed. . . .it was pointed out that interest rates were favorable at the present time. Since no one wished to speak further the Mayor closed the Public Hearing. MESERVE X X Motion: Adopt Ordinance No. 15-95-7 on its final REED X reading ROSENBLOOM X SHAUGHNESSY X A discussion ensued relative to adopting the ordinance versus pursuing a FLETCHER X X bank loan. Alan Potter advised he had spoken with representatives of Barnett Bank and they had indicated a willingness to work with the city. It was explained if the city decided to pursue a bank loan new Request for Proposals would have to be issued. With reference to the possibility of pursuing a bank loan for a shorter term, it was felt that the City would have to delete one/third of the projects. It was felt that adoption of the bond issue would give the City greater flexibility than a shorter term loan. Following discussion it was the consensus of commissioners that all the projects were of a critical nature and that none of the projects should be eliminated. It was felt that the best option would be to accept the recommendations of the financial advisor and begin work on the city's infrastructure immediately. Minutes -Page 6 v V November 13, 1995 NAME OF COMMRS. MSY N Robert Freeman, Squire, Sanders&Dempsey, advised that adoption of Ordinance 15-95-7 would not commit the city to the actual borrowing of money, which would take place approximately in January, 1996. Mr. Freeman indicated that the record should reflect that Sun Bank had submitted a better proposal than Barnett Bank. The question was called and the motion carried unanimously. At this time there was a brief recess from 9:35 p. m. until 9:55 p. m. 5. New Business: A. Public hearing and action on a request for a Use-by-Exception filed by Richard Bell to operate an office for Richard Bell Building Contractor in his home at 1952 Beachside Court George Worley, City Planner, explained Richard Bell desired to conduct the office portion on his contracting business from his home at the above address. Only telephone and other typical office work would take place at the resident. No outside storage was proposed, and no heavy construction equipment would be parked at the residence. Mr. Worley reported home occupations of this nature were permitted by Exception in residential zoning districts. Mr. Worley advised that based upon the applicants expressed intent to comply with Section 24-159 of the code, the Community Development Board recommended approval subject to the conditions of Section 24-159 (Section 24-159 attached herewith and made a part hereof- Exhibit B) . Mayor Fletcher opened the floor for a public hearing and invited comments from the audience. Since no one wished to speak Mayor Fletcher closed the public hearing. Motion: Grant Use-by-Exception to Richard Bell to MESERVE X operate an office for"Richard Bell Building Contractor" REED X X in his home at 1952 Beachside Court subject to the ROSENBLOOM X x SHAUGHNESSY X conditions of Section 24-159 of the Code (Section 24-159 FLETCHER X attached herewith and made a part hereof- Exhibit B) Following brief discussion the question was called and the motion carried unanimously. Minutes - Page 7 v V November 13, 1995 NAME OF COMMRS. MSY N B. Acceptance of low bid of Beach Construction Company, Inc. In the amount of$680,000.00 for Water Treatment Plant#3 Improvements, pursuant to Bid No. 9495-16 Mayor Fletcher advised staff wished to withdraw this item from the agenda C. Reconsideration of appointment of Mayor Pro Tern Commissioner Rosenbloom indicated he did not feel that adequate information had been given to the new commissioners regarding the duties of Mayor Pro Tem. He read from"Roberts Rules of Order" regarding the Chairperson being impartial, and he felt the Mayor was not being impartial when, at the last meeting, he made a nomination for the position of Mayor Pro Tem. MESERVE X Motion: Reconsider appointment of Mayor Pro Tem REED X X ROSENBLOOM X X SHAUGHNESSY X Under discussion, Mayor Fletcher referred to the City's Charter and FLETCHER X indicated that as an elected official, the Mayor had a responsibility to the citizens, and thus, he felt it was appropriate for him to make motions and debate motions. It was felt by Commissioner Meserve that the appointment was voted on very rapidly before new commissioners realized what had occurred. Mayor Fletcher explained the discussion of the upcoming appointment had been brought up at a workshop prior to the meeting. Following discussion, the question was called on the motion to reconsider appointment of Mayor Pro Tern and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. MESERVE X X Motion: Nominate Commissioner Rosenbloom as Mayor REED X X Pro Tem ROSENBLOOM X SHAUGHNESSY X Mayor Fletcher explained under the rules the existing nominee, FLETCHER X Commissioner Shaughnessy, was still nominated for the position of Mayor Pro Tem. A discussion ensued regarding the qualifications of Commissioners Shaughnessy and Rosenbloom. Following discussion, the question was called on the appointment of Commissioner Shaughnessy as Mayor Pro Tem and the vote resulted in 2-3 with Commissioners Meserve, Reed, and Rosenbloom voting nay. The motion failed. Minutes - Page 8 V V November 13, 1995 NAME OF COMMRS. MS Y N The question was called on the motion to appoint Commissioner Rosenbloom as Mayor Pro Tern and the vote resulted in a vote of 3-2 with Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion carried. 6. City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, recommended renewing the City's health insurance contract for an additional year with Blue Cross/Blue Shield, since they had not raised their rates, and the Commission concurred. Alan Jensen, City Attorney, bid farewell to Kim Leinbach. He indicated Mr. Leinbach was the most professional, educated City Manager he had ever worked with and he praised Mr. Leinbach's service on behalf of the City. Commissioner Rosenbloom wished Mr. Leinbach well in his new endeavor. He invited everyone to the Beaches Historical Slide Show which would take place December 14, 15 and 16, 1995 at the Adele Grage Community Center. Commissioner Reed complimented Mr. Leinbach on his career at Atlantic Beach. He inquired when appointments of Commissioners as liaison to various boards would take place. Commissioner Shaughnessy wished Mr. Leinbach good luck in his future career. She suggested placing liaison assignments on the next city commission agenda. She announced she had been appointed to serve on the Florida League of Cities board. Commissioner Meserve complimented Kim Leinbach on his past endeavors as City Manager. He asked that a workshop be held for the purpose of discussing the relationship between staff and the Commission, and to set forth rules of conduct and operation for commission members. Mayor Fletcher set a meeting for Monday,November 20,1995 at 6:00 p.m. to discuss the relationship between staff and the Commission, and the role of the Commission. He asked the City Clerk to place liaison appointments on the next agenda. He indicated presently there was an appointment to be filled for a commission member to attend bid awards. Mayor Fletcher complimented Dave Simanoff, Beaches Leader, for his excellent and fair style of reporting city news. He indicated he felt Mr. Simanoff was one of the best reporters he had worked with and he wished Mr. Simanoff good luck on his new endeavor. Several people from the audience also complimented Mr. Simanoff Minutes - Page 9 v V November 13, 1995 NAME OF COMMRS. MS Y N There being no further business the Mayor adjourned the meeting at 10:40 p.m. 41111111101.r ?ran T. Fletcher Mayor/Presiding Officer ATTEST: / 1 1-604 L/ Mau een King City lerk „....--x h g. b 1 l-- H L..... //// 3 / ?-5 Mi'hafes • "ja.”' '''''''' 1,hercflortbat—Q,itile5- 111101 .... :,..4 , . :'•;:.,/:;-- -4,.;•-4,..,741e• '4;"••;.4. 4.:• - .•-.."-; ' I ,.:. • ,t.1'14 Atkl,'• --i-iv• A :,,, .,%:.:,-3:',:-.7..,„: .e.'-c.- :•:,.. - : .:.°1',4—,:-,....z1 ,-:1:2j ./.014-, , .; -r •;.-,q.:. .Lv-c.-- ..,..1:4;•.-,, -.,--...y. -.7....;c;.-- ,...!-•.1.-...%...,..-,.......-4 -It._ etle.ft. 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I •i ‘/..1 • 11.1111.0 % ,y9 41# —V.1Q1,40\411/7 The Ricirc Way.• • , ___ ......_ t.;..,_:•.. i,.../cl ip.....--la ...,-,a ----‘1 §111744 in i) 1101 t-M___ .') iggIrePt Li r- I ------ • i Ili... _ ii• 1. \ 411FAr,v. --:"•--\- ft... VA,• idd/i ,,.... v..... - 41 4e:._ _ . /4...FeeS.. .6'..". PAPER ..,:l ,... .. i, 1 ..r.... ,.. • 1 v.: 1 . .1 I,..... W ... I . , -- dl .111 "..I 1,' ' ... ....., .... t re..j-, Ir'b 1 • L.. ... 14 girl .. . 4-,• siA:jr-....-111;t•ea,... _ is g7 4 ' '... A.- . , .... ..., ,.,,, 1 . s ......• Iv- ,..... __........,..,...... rtir, 6, .... „.. .... T.-) AN l‘lit/ - ---, The wRoici, Was•0 D • r ALAN W. POTTER, SR. 374 Second Street Atlantic Beach, Florida 32233 November 13, 1995 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 ATTN: Mr. Lyman Fletcher, Mayor-Commissioner Ms. Suzanne Shaughnessy, Commissioner Mr. John Meserve, Commissioner Mr. Tim Reed, Commissioner Mr. Steve Rosenbloom, Commissioner Re: Proposed $24,500,000 Revenue Bond Issue -- Resolution 95-33 Dear Commissioners: I am ALAN W. POTTER, SR., 374 Second Street. I have been a resident of Atlantic Beach for a period of thirty-seven years. During this period, I have served on the Zoning and Planning Board, the Code Enforcement Board, and the Water and Sewer Committee. My years of continuous residency in Atlantic Beach, along with my service on appointed boards and committees,clearly identifies and confirms my standing for speaking on the public issue being heard at this time. For the record, I am a registered professional engineer in the State of Florida. I have been licensed by the State for forty years and have been actively engaged in the practice of Civil Engineering,with a specialty of land development (i.e., water, sewer, storm drainage and paving) for the full forty years. Also, for the record, I have been presented to and accepted as an "expert" in civil engineering by Federal District Courts, by Florida Circuit Courts, by the Florida Division of Administrative Hearings, and by the Florida Public Service Commission. Additionally, I have been engaged in the ownership, design, financing, construction and operation of water and sewer utilities systems for a period in excess of thirty years. ALAN W. POTTER, SR. Page 2 In my opinion, my record of experience in the water and sewer utilities industry qualifies me to discuss the issue before the City Commission and to provide information worthy of your consideration. As a member of the Atlantic Beach Water and Sewer Committee, I was instrumental in creating the "$10,000,000 Line of Credit Loan"with the Barnett Bank. This Line of Credit Loan was executed only twenty-nine months ago and,to date, has not been fully utilized. The "closing costs" charged by the Barnett Bank were only $51,000. The interest rate is only 5.35% on the outstanding principal. The Barnett Bank loan agreement provides for issuance of additional loans by the Barnett Bank and/or other lenders. Importantly, the Barnett loan provides for the use of pledged utility surplus revenues for utility system repairs, replacements and improvements. The loan agreement calls for amortization of the $10,000,000 principal over twelve years beginning July 1996. The Barnett Loan provides for the following: PRINCIPAL ANNUAL TOTAL (12 Years) TOTAL (12 Years) ITEM___ AMOUNT PAYMENT___ PAYMENTS_ _INTEREST Barnett Loan $10,000,000 $1,126,034 $13,512,417 $3,512,417 Please note that the total interest to be paid is only 35% of the principal amount borrowed. The Barnett Bank loan is a very friendly loan from a very friendly bank. The resolution before the City Commission is for the issuance of$24,500,000. of Revenue Bonds, at an estimated interest rate of 6.00%, payable over a thirty year period. The issuance costs of this revenue bond issue (all up-front and off the top) will be approximately $1,000,000. The issuance cost will be paid by Atlantic Beach to the bond underwriters, the bond attorneys,the bond insurance company,the accountants, and the consulting engineers. Additionally, there will be fees paid to the fiscal agents. It is this resolution and the associated revenue bond issue, and the costly bond issuance expense, that I oppose and respectfully request that the City Commission reject. ALAN W. POTTER, SR. Page 3 In support of my position, I submit that the Revenue bond proposal consists of the following: PRINCIPAL ANNUAL (P&I) TOTAL(30 Years) TOTAL(30 Years) ITEM AMOUNT PAYMENT PAYMENTS INTEREST Barnett Bank Loan Payoff $10,000,000. $719,472. $21,584,160. $11,584,160. A.B. Capital Improvements $12,000,000. $863.366. $25,900,992. $13.900,992. A.B. Surplus Borrowing $ 2,500,000. $179,868. $ 5,396,040. $ 2,896.040. SUMMARY $24,500,000. $1,762,706. $52,881.192. $28,381,192. Please note that the total interest to be paid for using 30-year Revenue Bonds is 115% of the principal amount borrowed. The Revenue Bond route is a very unfriendly and costly road to travel. There may be those among us who will say that I have no alternative plan to the resolution being considered. Quite the contrary, my proposal, which is a money saving compromise, suggests the following: 1. Utilize Barnett Bank financing to restructure the existing Line of Credit Loan from $10,000,000 to $18,000,000., and, to extend the term of the Line of Credit Loan from 12- years to 15-years. 2. Economic conditions for borrowers (measured against the 30-year Treasury Bills rate) indicates that the 5.35%interest rate would remain unchanged. 3. Payments required to retire a 15-year $18,000,000 debt(if fully disbursed)would be: ANNUAL PAYMENT $ 1,740,000. TOTAL PAYMENTS (15 Years) $26,100,000. TOTAL PRINCIPAL (15 Years) $18,000,000. TOTAL INTEREST(15 Years) $ 8,100,000. RATIO: INTEREST/PRINCIPAL 45% ALAN W. POTTER, SR. Page 4 I respectfully suggest that the proposed Capital Improvements Plan should be revisited and a priority established that covers only $8,000,000 of"new money" to be borrowed. Importantly, front foot assessments for new"first-time" utility work in the Beach avenue area will provide funds and will reduce the debt obligation by approximately $800,000. Accomplishment of surveys, engineering plans, regulatory permitting, bidding, and construction work will consume at least three years; maybe four or five years. During the next several years, non-utility demands on the water and sewer revenues can be reduced, proper front-foot assessments for new facilities established, and other business-like efforts introduced. If this is accomplished, the lower priority utility work can be returned to the construction schedule If so,the water and sewer utilities can be placed on a proper"pay as you go" basis and the business mistakes of the past put to rest. In summary,the proposed 30-year Revenue Bond Issue proposal is an unnecessary, unwise proposal that will waste, via interest on debt, as much as $20,000,000 of funds rightfully belonging to the citizens of Atlantic Beach, the Buccaneer Area, and the Oak Harbor area. Restated,you have the opportunity and the duty to save $20,000,000 of interest for the benefit of the citizens. The citizens of our community deserve that the City Commission reject Resolution No. 95-33. Respectfully, Ala W. Potter, Sr. at • /4//3/9.5— Gf eh WO /.ONIN(; AND SUBDIVISION REGULATIONS § 24-159 Sec. 24-159. Home occupations. Intent. To recognize the need for people to conduct small-scale home occupations, which are incidental to the primary use of the residence, while preserving the character of residen- tial neighborhoods and minimizing traffic and nonresidential disturbances. (a) A home occupation that is solely used for the purpose of receiving phone calls and keeping business records in connection with any profession or occupation or any business activity of a sedentary nature, as listed in (7) below, shall be permitted in all residential districts and shall require a "convenience license." Service occupations including, but not limited to beauty salon/barber (limited to one operator), carpenters, minor contractors doing remodeling or home repairs, wall papering, floor covering or tile work, cosmetic sales, pet grooming, repairmen (household appliances), travel agents, painters, window cleaners, and maid or lawn service,shall also be permitted,provided no more than one vehicle is used in the business and the applicant can meet all other conditions provided herein. The following occupations shall not be permitted as home occupations: Escort/introduction service, massage therapist, welding, vehicle repair, manufacturing such as cabinet making, or upholstering. Home occupations shall not be permitted in areas which are restricted by deed when such documents are recorded in the public records of Duval County and on file with the city clerk of the City of Atlantic Beach. All other business activities shall be restricted to the commercial districts. The following regulations shall apply to home occupations: (1) The address of the home occupation shall not appear in the telephone book, on letterhead, checks or any type of advertising. (2) No one other than immediate family members residing on the premises shall be involved in the occupation. There shall be a limit of one license per person, and no more than two(2)licenses per household.The home occupation shall be nontransferable. (3) All business activities conducted on the licensed premises shall be conducted entirely within the dwelling. There shall be no outside storage or outside use of equipment or materials. (4) No more than one (1) room of the dwelling shall be used to conduct the occupation, provided the area of that room does not exceed twenty-five (25) percent of the total living area of the dwelling. (5) No external sign or evidence that the dwelling is being used for the home occupation shall be allowed. (6) There shall be no pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or electrical interference as a result of the home occupation. (7) The following are typical occupations that are acceptable as home occupations: Ac- countant, architect, artist, attorney, bookkeeper, consultant, auctioneer, seamstress or tailor, insurance agent, music instructor, photographer, piano tuner, real estate agent, secretarial services, telephone answering service, hobby/crafts (not involving heavy equipment). Supp.No.9 1457 § 24-159 ATLANTIC BEACH CODE (8) If at any time there is a complaint of noncompliance of the above which is sustained, the convenience license shall be revoked. (b) Home occupations existing at the time this section is adopted will comply substan- tially with the standards of this section on or before April 1, 1990. (Ord. No. 90-82-74, § 2(I1I, H, 8), 7-26-82; Ord. No. 90-88-138, § 1, 3-27-89; Ord. No. 90-89-146, § 1, 8-28-89) Sec. 24-160. Miniwarehouses. The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property. (Ord. No. 95-79-18, § 2, 10-8-79) Sec. 24-161. Off-street parking and loading. (a) General Minimum off-street vehicular parking spaces shall be provided at the time of the construction of any main building for the uses described in this section.The facilities shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved, adequately drained and maintained in a dustproof condition; shall provide barriers when located at the perimeter of the lot to prevent encroachment on to adjacent property;and when lighted, lights shall be directed away from adjacent property. Parking areas and driveways shall not obstruct storm water drainage swales, guttering, etc. (b) Plans required A plan shall be submitted with the application for a building permit for any building requiring off-street parking and loading with accurate dimensions for park- ing and loading spaces, access aisles and driveways and location of parking and loading in relationship to the buildings or uses to be served. (c) Measurement Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sums of the gross horizontal area of every floor of the building, using exterior wall dimensions. In places of public assembly in which occupants utilize benches,pews or similar seating,each twenty-four(24)lineal inches of such seating shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half shall require a full space. (d) Uses not specifically mentioned Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the most similar to the one sought, it being the intent of this article to require all uses to provide off-street parking and loading. (e) Location: (1) Parking spaces for dwellings shall be located on the same property with main build- ing to be served, where feasible. (2) Parking spaces for other uses shall be provided on the same lot or not more than four hundred(400)feet away. Supp.No.9 S 1458