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05-01-89,~~-, NOTICE OF PUBLIC HEARINGS CITY OF ATLANTIC BBACX Notice 1a hereby given the City Commission of Atlantic Beach, Florida rill hold a CONTINUATION OF A PUBLIC HEARING on April 24, 1989 et 7:15 et City Nall, 716 Ocean Blvd. for the purpose of hearing and considering the views of the public concerning the following proposed Ordinances: ORDINANCE NO. 90-89-140, AN ORDINANCE AMENDING THB ORDINANCE CODE OF THH CITY OF ATLANTIC BEACH, PLORIDA; AMENDING CHAPTER 24, THE COMPRSHBNSIVE 20NING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONB LOTS 41 THROUGH 60, NORTH ATLANTIC BEACH UNIT NO. 2, BY PETITION OF AT LEAST FIFTY PERCENT OF CONTIGUOUS PROPERTY OWNERS FROM RESIDENTSAL GENERAL MULTIPLE FAMILY (RG2) TO RESIDENTIAL GBNBRAL TWO FAMILY (RG1 ); AND PROVIDING AN EFFHCTIVB DATE. All person interested are notified to be present at aeid time end piece and they shall be heard. If a person decides to eppeel any decision et any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings le made, which record Sncludes the testimony end evidence upon which appeal is to be Dased. Published: Beeches Lender 4/12/69 Purchase Order k3512 Posted: City Hall Poet Office Section 2. Thie ordSnance shall take etfect upon ite adoption. ~ w ~._ _ Passed by the City Cammission on first reading_Fe6 ru@~,;j~ Ly93____ Paswd Dy CM City Commission on smcond •nd find resding______ Millim• I. Gulliford, Jr Nayor, Presiding Officer ADProved me to Form and Correctness: _______________________________ Claude L. flu ilia, City Attorney (SEAL) Maureen King, City Clerk ~~_-. ~FS1tEp 4-zy-3`I ORDINANCE NO. 90-B9-140 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LOTS 41 THROUGH 60, NORTH ATLANTIC BEACH UNIT NO. 2, BY PETITION OF AT LEAST FIFTY PERCENT OF CONTIGUOUS PROPERTY OWNERS FROM RESIDENTIAL GENERAL MULTIPLE FAMILY <RG2> TO RESIDENTIAL GENERAL 7M0 FAMILY (RG1); AND PROVIDING AN EFFECTIVE DATE. NHEREAS, The Cowwunlty Derelopwent Board of the City of Atlantic BeacA has considered a request to change • zoning elaasification eubwitted by petition of •t least fifty percent cf contiguous prop¢rty ornery, and held a public hearing on sews on February 21, 1989, end NHEREAS, The City Cowwlsvion does ¢xrrcle¢ its porers to amentl the Land Derelopwent Code, including the Official Zoning Map, in order to encourage the appropriate us¢ of land, and NHEREAS, The rezoning is coneletrnt vlth the Coapr¢heneive Plan, and the rezoning rill not adversely effect the Health and safety of the residents of the area, and rill not be detriwental to the natural envlranwrnt ar tc the uve or derelopwent of the adjacent properties in the general neighborhood, NON, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The Official Zoning Map of the City of Atlantlc Brach is hereby ehangrd to reflect the nee zoning of Lote 41 through 60, Rorth Atlantlc Reach Unit No. 2, trove Revidential General Multiple Family (RG21 to Rraldrntial General Tro Fawily (RG1>. ~°'. facilities as necessary to prevent safety problems and nuisance conditions. Policv 1.4.1 The City will complete by July 1, 1990, the improvement of all existing accesses to include barrier-free ramps where feasible, and construction of necessary related public . parking. Ob.iective 1.5 The City will utilize land use and zoning classifications for limiting new development of shoreline sites so as to conform with the ob,)ective of reducing environmental degradation, property damage and potential loss of life, as well as encouraging visual and physical accessibility, open space tonservatton, wildlife preservation and compatibility between ad,)acent uses. Policv 1.5.1 The City will complete by July 1, 1993 a review of its land use designations and zoning classifications for all shoreline properties to determine appropriate methods of regulating new construction as well as reconstruction and redevelopment of areas in a post disaster situation. Policv 1.5.2 The City will develop within its land development code to be adopted in accordance with Chapter 163, Florida Statutes (F.S.) provisions which establish the following: (a) Percentage of native vegetation allowed to be disturbed in environmentally sensitive areas as a result of site development or construction activities; (b) A buffer zone of nature vegetation around wetland and deepwater habitats; (c) Stormwater retention/detention standards which maintain rates and amounts equal to conditions existing prior to development. - Goa 2 Haximum feasible protection of life and property from the effects of natural disasters. - Obiective 2.1 - Maintain the present 8-hour clearance time for a Vulnerability 'A" storm and ]0-hour clearance time for a Vulnerability "B" -29_ F b [[~[ C v {{ ~"F I ~ ~1~". { ~~4 F!~ i S 1'. y Fi. ~ s i f~ c~P/ifl 7 ~.' ~r + I '(.~ 11 I Ix ~ ~' f , 1 1 fy~ Ii IIy ~ I ~f ~1 ' 1 •~ ~ ~ ~ F t ~ J at ~ ~ I ' i. t ( ; ~ ,~ , , ~~ . t I K: ~ ~ r ~' , rl . rl ti ' f r § {. . , , ~> 1 ;_ Ef. ~,: Z~1 I " ,, I.;I ~~ ~ .: 1 I,~ {F F ~ ,, ~. 1 .. 1~, ' ~ ' 1. 1 ,. I' t t a, ' •~ ~ r. '. 1 ~ '1 'i ' ,_ 1 ~ I 1 1 1 ;i i l ~ ~ ;; 1~f: _ j ~,: i ' ~~ 1 I,_ ~ ; ~1 1 . , ~ ~_< . r , 1 {- ~ ~, j.r ~ i I t ~ I e, 1 . 1ti y l i a 1~ i rL l i~l Ai - I .. k y ` I ~~ w , p i. I , . , . I, C ~. t _ ~ I I'~~~t t+ ~ 'i ~ ~ ~r ~~~i ~ fy I I ~ ~ i ~ {. Y gg y~ ~{, ; J ' x 4 J ~Nn' ; l,i ~ t~ t i s k', i . :l`, ~ ....~ ~ Y~~.NIJ~u1J~lJ-. r' .. . . •J~i -I.-~L~ Iksf ",~" . _. ;'~ GEE 81 ' .e r K Art, ._ ... p tt " I: ~F d ~ t, ~I ~ , .. ~gement/ ;, ,, I' , ;I i~Element t+ ~ ' rental `~ °' Element ' ,, ' '~ h , , x , Ian - 1988 ~' . ach, Florida I '' { ^~ i t s ,1 y. ;. t i i kz MlA xr Frn c..~. 1 i yS .~. lti ~ I Inc 1 - , .; '.!~ , { Y ~ ' .; II I I4 ~~~ 4 t I , ~. 1 .,; ~,' Declared an emerP,ane, and pas,ed on ilrst readir.:,-• and second snd tinai reading on Mey __, 1909. Approved as to Corm and correctness: Ctty Attorney CITY OF ATLANTIC BEACH, FLOKH)A 9t 6tayor (SEAL) Attest: City Clerk LKL-05/19/68-2d2AA-?730 -d- Section 2. Paying Agent snd Registrar. F:oridn Natlcaal Bank, Jacksnnv111e, Florida, is hereby' appointed as successor paying agent nrd :egintrur for the C(ty's Oak Harbor Water and Sewer District Revenue Bonds. Section 9. Approval of Remerkcting and Reoffering Circular. The remarketing of the Oak Harbor Water and 3ewcr District Revenue Bonds of the City as described in the Reoffering Circular attached hereto as Exhibit A Is approved, and the Mayor and Clty Manager are authorized to execute and deliver the Reoffering Circular for such purposes, In substantially the form attached hereto, with such changes as they shall approve, their app^oval to be evidenced by their execution thereof, upon satlsisction 04 the conditions for resale provided in Resolution Ro. 39-10 oP !hc Cl?y and approval by' the City Attorney. Section 4. Effective Date. This ordinance shall become effective immediately upon Its enactment. However, the amendments described in Section 1 and the appointment of the successor paying agent and registrar shell become effective only upon Che delivery of Bonds [emerketed as described In Section 3 hereof. LKL-CS/19/89-282AA-2738 -~- -- obIIgatlos of the City to inu!udc '...^,c amount of xny deficiency !n Gress Reverses in enah of Its arnuzl budgets nrd to poy such defirencics from ]on-:?d t'alurC-m P.evcnues or other legally available funds may be enforced In fl court of eompclmt iurisCletion id accorderec with the remedies act forth itcrc!n. (b) NotwllrSnnding any provision, of this Ordinance to the contrary, to :he extent :he City i3 in eontnliance wiCn ail provisions nod covenants contained herein, this Ordinance and the oblige?ions of the Clty hereunder shx!1 itot be construed as fl 1!mitetion on the ability of ilia City' to pledge ~r cevenpn! to pledge the Non-?d Valore m Ae: enues for ether legal!} cermisflb!e purposes. Neither this Ordinance nor cbl(ga;!ors o' the Cit nereurder shad be a~nstr~2d ss a oledge oC or ¢ lien on any legally zvailaDle Nor.-Ad L'aiorem Cevennes of the Cay. (e) Notwithstandlnq the foregoi Prm~isions u2 ?his Subsection (.4)(2), the Clty reserves the :fight to discontinue or :educe the level of any of Its activities which generate u_cr serv!ces charges or re_3lntory tees, st:d ",he City shall never be required or compelled Dy or for the bench? of the Aegfstercd Owners of tine Hords to increase, or malntoln flt any partieu!ar level, any user service charges cr rexulotory tees%' . s : (i) Subsection 17 )t(1) is emended :u read as toilowa: "M. REMEDIES. (1) It shell be on 'Even+. of Default" under this Ordinance If any of the following shall occur: (e) Failure to pay any portion of the principal of or interest on the 9ords (other lhnn the Initial Honda) when due; (b) Fa{lure by the City to oomoly with any of the covenants and terms of this Ordir:ancc made for the benefit of the Bondholders; (e) There shall occur the fi";!ng 6y the City of a voluntary petition In bankruptcy, or the commssion by the City of any act of benkntptcy, or the adJuCtoatlor. of the City es a bankrupcy, or the assignment by the City for the benefit of Its creditors, or the entry by the City Into an agreement of composition with Its creditors, or the approval by a court of competent jurisdiction of a petition applicnble to the City in any proceeding for its rcorganlzet!on, instituted under the provis!ons oY the Pedcro! Bankruptcy Act, as amended, or any similar act in any jurisdicticc which may row De 1n effect or herclnafter amended; or (d) An order or decree =hall be entered, with the consent or acquieseerce of the Cliy, appoin'.irg a receiver or receivers of the Oak Harbor System, or any part thereof, or oY the rents, fees, charges or other revenues therefrom, or If such order or decree, having been entered :vi:hout the consent 04 acquiescence oP tie City, shall not be vacated or dlscharge~ or stayed within 90 days after the entry thereof." p • P Lei L-X5/19!&9-252:L~-2138 ~ -'- :_ . ,.,. - _ - ~ ,1.,,_F: ~~ ; ~ Fly ~ ,. t ~;~,. , ., . -.., (f) Subsection 2F is n;rcr,~ied '.o reau as fellows: "F. 1`he principal of and Interest on the Aords will be payable solely .'^om the Net Revenues and available !mpsct Fees derived by the City from the cperation 04 the Oak Harbor System, and the Non-Ad Ya:orem Revenues, as provided herein. it will never be necessary or authorized for the 0.d vaicrem taxing paver oC the City, the State of Flocida or ary pol!ticnt subdh•is!on ?hereof, ?o be exercised to pay the principal 04 or lr.:erest on tae Aonds or to make any required payments under this Ordinance or under the A,y. cement, and the Aonds shell not ceiutitutc fl Ilan upon nny property of or in ?he Ci?y, excep? the Net Revenues and Avaiiablt impact Pets of the Oak Horror System, Ind the $pG-dd Valorem Revomics." (g) Sec?ion 15 is amended to read as follows: "Section 15. AOND6 NOT DLrBT OP CITY. The Bonds shall not be or constitute general Indebtedness o4 the City within the meaning of any constltutianal or ;tatutcrp provision or limitation, but shall be paYabte solely from an ~secursd_by a prior lien upon ardlpledge"oY1t6eENet'tlt'eJenuesand~ AvsilebleIiifd4CLFe°°es,('enCtNoh-A'd'Yalo;e (n . --; •.Revanueii~i,No Bondholder shall ever have the right to c,impel tho exerciso of the'dd -" -~ valorem taxing power of the Ctty or taxatior. in any form oY nny real property therein to pay such bonds or the interest .hereon or be notified to payment of such principal end ir.?e: est from any other funds of the City except front the Net Revenues and Available impact FCC3, and Non-Ad Valorem~Revenues!' (h) Subsection 1ZA is amended to recd as follov ;: "A. FLOW OF Fti NDS. (1) 'the entire Gross Revenues ahall upon receipt thereof be depcs!ted in the "Oak Harbor District Vi Ater end Sewer System Revenue Furd" (hereinafter called "Revenue Fund'9, hereby created sod established, Sueh Revenue Pund shall constitute a trust fund for the purposes herein provided and shalt be kept separate and distinct .from all other funds of the Clty and used only for the purposes 9nd in the manner herein provided. (2) NO;:-AD VALOAESS REVENGES. (a) Whenever the Cross Revenues are loan?ticient to pay all principal of and interest on the Aonds wt,en due, the C1ty covenants and agrees to approprin?o in Its annual budget, by amendment, if recut ed, and to pay when due under this Ordinarce as promptly as money becomes available dirzc?ly into the Sinking Fund, amoun?s of :ion-:\d Valorem Rovenues of thz City cr other legally available funds sufficient to pay the principal oY and interest on the Aonds when _ Cue. Such covenant and agreement on the part of the City to budget ¢nd appropriate ouch smourts cY Iron-dd Valorem Revenues or other legally available funds shall be cumulative, and shall continue until such Nor.-.1d Valorem Revenues or Other legnliy availabtc furd5 in amounts sufficient to pay the prise-teal of and interest on the Bonds weer, due. Such covenant and agrecme^'. cn the part of the-n~ (' ~ flo abebge tfu¢ds aporop: late such amounts of Non-Ad Valorem Revenues or other shall be cumiletive, and shall continue until suet: Non-Ad Valorem 3everaes or a?ner legz!!y available Cunds '.n zmour.*s sufficient to pay the principal o° and Interest on the 3onds •snea due ;hall have been b: dgeteC, appropriated and artually paid into the Siokiag Ford. Tce City f~~_rti;er ac'.K^.o~.vlcdgcs acd agrees tha? lire Grdinsnec sh,'.1 be deemed to be enacted far ?he b~..ef it of tha ReSlstar~-•E Owners cf any cf 'he Aords and that the i.K~ 63/19/87-262.1,1-2.36 "~ °.-._. ;b) SeCUon 10 Is amended to real: xs fo!'.ows: "Section 10. NEGOTIABILITY. Subject to the FI'ovisions hereof resbeet- ing regisL ation xnd transfer, t.".e Bonds shall be and shell have all the qualities and ircb!enis of negotiable instru melts under the laws of the State of Florida, find oath successive holder, In accepting any of the Bands shall be conclualvely deemed [o have agrezd that such Bords shill be and have all of such cualitics end incidents o: negotiable instroments ueder the Uniform Cnmetcretal Code -Investment Szcuritles of the State of FloridaJ` (e) The Irst tyro pnragtaphs oC Section 13 is amerced to read as follows: "Section 13. PROVISIONS FOR REDEMPTION. The Initlal HonCs shail be redeemable, nt the aptlon oP the City, on and after \iarch 1, 1994, In whole or in part, In ]m'¢rse ortler of !naturity ¢nd by lot within a maturity, on arty date, at the price of oar Pius accrued interest to the redemption date. ~'xcept for Initisl Bonds, Bonds in denomtnations greater than an Authorized Denominet!on shell be deemed to he an equlvaient number of 0onds in the denomination oY the minimum .4utborized Denomination, and If a Bond is of a denaminfltlor. larger than the minimum Authorized Denomination, a portion of such Bond may be redeemed, in the amount of any :luthorized Denomination:' e a (d) Section 17E Is amended to read es 4o11ov;s: s • t "E. RATE ORDINdNCE. The C!ty has enacted or will easel a rat¢ ordtnerce a.^.d theraby will 4ix, establish and maintain such rates and will coi!ect such fees, rentals and other charges io.^ the services and facilities of the Onk Harbor System and revise the same from time to time whenever necessary, es will si:vays provide Gross Revenues in each Fiscal Yeer sufficient to pay the Cost of Operation and 3laintenance of the Oak Harbor System In such Fiscal Year, one hundred twenty Fer cen[um (1209c) of the Bond Service Requirement becoming cue in such F1sca1 Year on the outstanding Bo.^.de, plus one hundred per cerium (100%) of all reserve and other payments required to he made pursuant to this Ordinance. Such rates, fees, rentals and other c^arges shall not be reduceC so as to 6e insufficient to provide Gross Revenues for such purposes. Howeveq nothing in this Ordinance shell ever require the City to raise cafes or charges Por utii!ty services provided to cress outs;de OsY. Hatbor District:' . a t (c) The follov:(ng definition is hereby adder is Section a: "Nor.-Ad V¢!orem Revenues" mean a1! iegeily avxilab!e revenues and '.axes (cthet than ad valorem lases) of the City der(ved from any source and legaiiy available to pay ptircipa: cI or interest oe the Hoads." C.KL-95/i9/b9-2o2AA-2733 ''- ~. - K+R;.nk~-rtes ;:0. RO-fi'J-',1 AN ORDINANCE AME27D12{G ORllINANCF. KO. CO-88-3T, RELATING TO THE OAK li,t$UOR WATER AND SEWP.R DI:iT1ilCT AND OAK HARUOIi WATP.R AND 9EM1ER DISTRICT ' /~ ~ REVENUE dONl7°; PRUVID111O FOR AUTHORIZED C \ DP.NOMINATION9 AND TRANSFERS OF RONDS; AMENDING T[.`.`.ES POR i'AYMELIT AND .RP,UEMFTION OP BONDS; ~[NCREASING DEBT' SBRVICE COVEAAGi:`'REQUIREMENTS;- INCLUDING A COVENAN'C 1'O IIUDGET A2{D APPROPRIATE ' LEGALLY AVAILABhP. GON-AD VALORRM REVENUP.B FUR ; PAYhfF.NT OP TIIE BONDS; APPOINTING A SUCCESSOR PAYING ~' AOENT AND REGISTRi$; APPROVING A RP.OPFERINC ( ~,~~" CIRCULAR AND REMARKEI7NG OP THIS BONDS; AND t-~ ` ` PRO ViD[NG AN L'hPECT1VE DATE. ~1 2 /' dE IT ORll.llNED d'1 'CHR CITY COhiM1SS1ON GF THE CITY OF ATLANTIC ', - BEACH, FLORtUA: Section 1. Amendment to Ordinance. Ord;narca No. 90-68-37 of the City of Atlantic Beach, Florida, is nmended as follows: (a) The first paragraph of Section 8 Is amended to :end es Follows: "Section 8. DESCRIPTION OF INITIAL BONDS. The Initial Bonds shall '. be dated e9 of their date of delivery, shell be designated "H- " and nu m6ered ' consecutively from one upward In o rder of authentleation; shall be in Authorized Denominfltlons ($5,000 each o, integral multiples thereof}, and shall bear intarest a! the ~, rate of 8.0% per annum , payable sem i-annually on Junc 1, 1989 and each June 1 and December 1 thereafter. The Bonds shall mature serially In Insts;lments on Ucca mbar 1, 1969, and each Decembe r 1 !i7ereafter, to the iollowir,8 peers anti wnnunts: Maturity Principal iaturity Prittclpal , Date Amount Date Amount ' 1983 S 5,000 2004 > 25,000 ; :990 10,900 2005 25,000 1991 ID,000 2000 30,000 '., 1992 10,000 20D7 30,OU0 1993 1G,C00 2D08 35,000 1999 SO,OCG 2009 35,000 1995 15,000 2010 40,000 ' 1996 15,000 2011 45,000 ' 1987 15,000 2012 ?5,000 1998 15,000 2013 50,000 - 1999 15,000 2014 55,DG0 2G9G ao,DOO za15 so,o9o zGDI zD,G9e zula s5,o9D 2002 20,000 2011 70,000 ~. 2003 25,GC0 2018 75,000" *, x t LKL-05/19/89-282AA X738 -1- Passed on First reading this day of , A. D., 1989. Passed on Second and final reading this day of A.D., 1989. W. I. Gulliford, Jr., Mayor-Commissioner ATTEST: Maureen x nq, C ty Clerk Approved as to form and content: Claude L. Mull s, C ty Attorney ~ r Section 6. The Chairman and Vice Chairman of the Board shall be as follows: Chairman Vice Chairman Section 7. The Board shall hear complaints regarding certain nuisances as described herein. Any place or premises which have been used on more than two occasions as the site of the unlawful sale or delivery of controlled substances may be declared to be a public nuisance. Any employee, officer or resident of the City may bring a complaint before the Board after giving not less thsn three days' written notice of such complaint to the owner of the place or premises at his last known address. The Board shall conduct a hearing during which the owner of the premises shall have an opportunity to present evidence in his defense. After considering any evidence, including evidence of the general reputation of the place or premises, the Board may declare the place or premises to be a public nuisance as described herein. If the Board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (a) The maintaining of the nuisance; (b) She operating or maintaining of the place or premises; or (c) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Any such order entered shall expire after one year or at such earlier time as stated in the order. Section e. The Board may bring a complaint under Plorida Statutes Sec. 60.05 seeking a permanent injunction against any nuisance described herein. Section 9. This ordinance does not restrict the right of any person to proceed under Florida Statutes Sec. 60.05 against any public nuisance. Section 10. All ordinances or parts of ordinances in ~ conflict herewith, be and the same are, to the extent that the same may be in conflict, hereby repealed. Section li. This ordinance shall take effect immediately. i _:~.,,. _ ORDINANCE NO. 95-89-40 ~~// AN ORDINANCE ESTABLISHING A PUBLIC NUISANCE CONTROL BOARD AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA Section 1. Pursuant to Florida Statutes Sec. 893.138, an administrative board to be known as the Public Nuisance Control Board is hereby created. The word "Board" when used in this ordinance shall be construed to mean the said Public Nuisance Control Board. Section 2. The Board shall consist of three members who shall be appointed by the City Commission. The terms of office of the members shall be for four years, except that two of the members first appointed shall be designated to serve terms of two and three years respectively from the date of appointment, and one shall be designated to serve Por a term of four years from the data of appointment. Vacancies occurring during a term shall be filled by the City Commission for the unexpired term. The City Commission may remove a Board member at any time for inefficiency or neglect of duty or misconduct in office. However, prior to any final action on the removal of a Board member, the City Commission shall have a hearing on the proposed removal and shall furnish the Board member with a copy of the charges at least ten days before suck. hearing. The Board member shall have the right to be heard in person or by counsel at such hearing. Section 3. The City Commission shall designate the Chairman and Vice Chairman from among the Board members. Section 4. A certificate of the appointment or reappointment of a Board member shall be filed with the City Clerk and such certificate shall be conclusive evidence of the due and proper appointment of such Hoard member. Each Board member shall hold office until his successor has been appointed and qualified. Section 5. The members of the Board and the term of office for each member shall be as follows: Four Years Three Years Two Years F' c' F r: - -. Pass¢d by the City Coasiselon on first reading______________________ Pacsed by the City Cossiseion on second 6 final r¢ading_____________ Milliaa I. Gulliford, Jr., Mayor, Presiding Officer Approved as to For• and Correctness: _______________________________ Claude L. Mullis, City Attorney fATTE^oT1 _______________________________________ Maureen King, City Clerk y -. [~ ~~` ORD It{ANCE NO. 25-89-22 AN ORDINANCE AMENDING THE ORDII{ANCE CODE OF THE CITY OF ATLANTIC DEACH, AMENDING CHAPTER 6, ADOPTING THE SOUTHERN STANDARD BUILDING CODE CURRENT EDITION, AHD PROVIDING AN EFFECtIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 6, Article VIII, Suction 6-36 is ArreDy asended to read ae tollor¢: CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS ARTICLE II. BUILDING CODE SECTION 6-16. ADOPTION Section 6-16. Adoption. Tner¢ ie hereby adopted, eublect to the woditications, changes and avvndvvnta set forth in tole article, for the purpose of establishing rules and regulatlone for the con¢truction, altrration, resoral, desolltion, uquipsent, use and occupancy, location and saintvnance of buildings and structures, including pewits and penalties, that certain building code knorn as tnr Standard Building Codv, -L962-~Akden-~r,4N~~9Y3-.rartsi¢w¢. current edition rith revisions, publi¢hed by tha Southern Building Code Congress International, Inc., and the rholy thureot, including Appendix K, Rvcouended Schedule of Persit Fees, except such portions as sre deleted, soditied or awndvd by this artlelu, of rnich not lees than three f3) copies Kars bean and are nor tiled in the office of tnv city clerk, and the ease Se adopted and incorporated as tally es SZ ¢at out at length in this article, •nd the provisions thereof shall by controlling in tnv eonetruetion of all buildings and other ¢tructures rithln the city. Suction 2. This ordinance shall take effect upon 1t¢ adoption ORDINANCE HO. 25-69-21 AN ORDINANCE AMENDING THE ORDINANCE CODE OP THE CITY OF ATLANTIC BEACH, AKENDINO CHAPTER 6, ADOPTING A MINIKUM HOUSING CODE, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY CONMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA. Section 1. Chapter 6 Article VIII, Section 6-120 is hereby er¢wted and reeds as tollorss CHAPTER 6 BUILDINGS AHD BUILDING REGULATIONS ARTICLE VIII, HOUSING CODE SECTION 6-120. ADOPTION Section 6-120. Adoption. There is hereby adopted, basic winiwuw housing etandsrds deewed essential for nets, hvalthtul living, that certain code knorn as the Standsrd Housing Code, 1965 Edition, publlahed by th¢ Southern Building code Congress Internationsl, Ins. Seetlon 2. Thla ordlnanc¢ shall tak¢ effect upon this adoption. Passed by the City Cowwiseion on first r¢ading___________________ Psssed by the Clty Cowwlseion on ascend and final reading________ __________________________________________________ Millias I. Gulliford, Jr. Mayor, Pr¢aiding Oitie¢r Approved ae to torw and Corrrctneaes ________________________________ Claude L. Mullis, City Attorney <ATTEST) ________________________ Maureen King, City Clerk x. -. CITY OF 1Qtla1stle S'eaels - ~lnufa ]I60CEAN BOULEVARD P. O. BOX 26 ATLANTIC BEACH. FLORIDA 32233 TELEPHONE 19011292396 April 21, 1389 MENORANDUM To: The Honorable Nayor and City Cowwiesion Frow: The Cowwunity Developwent Board Subject: Board Actions of April 1B, 1989 rith Reeowwendatione Yout Cowwunity Developwent Board took the folloring actions at it's regular westing on April 18, 1989: ^ After tro hours of deliberation, the board voted 5 to 2 to deny an application subwitted by !lark Kredell for a rear yard variancr on a 50' x 50' parcel located on the southreat corner of Beach Avenue and Eighteenth Street. Should it be deterwined that the parcel is s •lot of record •, the variance would have alloyed Mr. Kredell to construct a garage epartwent-type building rithin 10' of the rear property line. ^ The Board recowwended approval of a ordinance rhieh provides wxeepticn to the site requirewente of the planned unit developwent rhen a developer esn dewnetrate that the density of the project rill be reduced eubetantislly Eros that allowed under the current zoning of the property. Mhen exception to the site requirewvnts of the PUD is approved, such approval is to be designated on the zoning atlas as Contract Quality D¢velopwent fCOD). Res fully Subwitted, Rene' er^ Se a ary Cowwunity vvelo nt Board L- _ ~> review committee and the eiwilaritiea to tAe existing PUD ordinance. There Deing no objections to the amendment, Hr. NaeDonell motioned to endorme tAe aw¢ndwent. Mrs. Gregg aeeonded the motion, anion carried unanimously. B. DISCUSSION - PREVIOUS ACTION; RE20HING LOTS 41-60, NORTH ATLANTIC BEACH UNIT II Mr. Mo lfeon stated tAai he had r¢queeted LAat tAe item be brougAt back to th¢ Board for further study. H¢ felt tAe eoartl's actions constitited spot zoning, that the majority of tAe property already conforms to RG1 zoning. The CAairwan stated the Board had already wad¢ their reeowwendations and felt it should not be DtougA! beck unl ese referred by the City Cowniseion. No action vas taken. '. TAer¢ being no turther discussion Nrs. Gregg wooed to adjourn. Mrs. Russell seconded tAe motion. The meeting vas adjourned at 9:2] p. w. Dy unanimous decision. ;~ G /M.~ G}egg lee, CAairman a I - Mr. Eakin questioned rhether a hardship Sa a requirewvnt in granting variances. Nr. Moltaon replied by queiing Section 24-99 trom tAe Coda of Ordinances, •POrere and Duties of the Cowwunity Develapm¢nt Boards. Mr. Eakin d¢tlned the hardeAip as a need for additional parking facilities for th¢ oc¢aniront unite and that, without the variance, Mr. Kredell would be forced to conetruet a ten Soot vide building. He added thwt similar variances have been granted in tAe area and tAat Ais client should not be singled-out and deprived of his rights. Several residents spoke against the variance, including Robert and Linda Fagena, 1847 Ocean Grove Drive; Bob and Nary Anne Frohvein, 1847 Ocean Grove Drive; Ken O'Rourke, 1843 Ocean Grove Drive; and Desmond Maters, 1b35 Sesinole Road. Residents feared iwpairment of sunlight and air circulation, an increase in tratilc and a cAange in the quality of life should the variance b¢ granted. After lengthy dincueaion, the Chairwan asked for a wotion. Mr. Horie motioned to deny the application for variance. Mr. Moltaon seconded the motion. Mr. Molfeon then gave a lengthy history of tAe area, rith particular reference to tAe original decd restrictions. He eu9gvated tAat tAe Board way Aave sed¢ an error rh¢n granting similar variances; that tAe Board may have granted privileges they did not have authority to grant. He stated that 'Garage Approach' vas uniquely designed for additional parking facilities and not for living spaces. Mr. Kred¢31 stated that the Board Aad granted variances to similar lots to sake them buildable and that Ae ahoYld De given the saws conalderation. Mr. MacDonell agreed, adding that A¢ felt the application wat the `findings of fact' requlrvwents. Attar further df mcuaeion the Chairwan called Sor tAe vote. The wotion to tlvny the application Sor variance carried rlth a Slve to two vote. NewDers McCaulle and MacDonell voted NO. e. APPLICATION FOR SIDE AMD REAR YARD VARIANCE BY MR. JIM NOVENBER: LOT 4, REPEAT OF LOTS 1 AND 2, BLOCK 33 ATLANTIC BEACH SUBDIVISION. Application raa rithdrarn by applicant prior to the meeting. No action taken. MISCELLANEOUS BUSINESS A. RECOMMENDATION FOR AMENDKENT TO PUD ORDINANCE CAairwan Me Caulfe opened the floor for cowwents and questions. Diseumelon ensued regarding the establishment of an architectural F ~~., MINUTE.". OF THE COMMUNITY DEVELOPKENT DOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 16, 1909 J:00 P. K. CITY HALL PRESENT: Gregg N. McCaulie, Chairman Louie B. MecDOnnell, Vice-Chairwan Ruth Gregg John Baea Sawuel T. Horie Kathleen Russell Don Nolfson AND: Millia• Gulliford, Mayor of Atlantic Beach Richard C. Fellors, City Manager Reno' Angers, Recording Secretary Brenda Dockery AND: Mark Kredell Paul Eakin Chairman McCaulie called the meeting io order at 7:00 p. m. The Chairwan asked for comments or correction^ to the minutes of the meeting of March 21, 1389. There being none, Mr e. Grvgg wotioned that they be approved as presented. Mr. Noltson seconded the wotion rhich carried unaniwousiy. OLD BUSINESS A. APPLICATION FOR REAR YARD VARIANCE BY MARK KREDELL; PART OF GOVERNKENT LOT 4, SECTION 9, TOMNSHIP 2-SOUTH. A 50'x 50' PARCEL ON THE SOUTHMEST CORNER OF 18TH STREET AND BEACH AVENUE. Paul Eakin, attorney for Mr. Kredell, presented the board rith several letters Scow realdents supporting the variance and a wap rhieh highlighted similar variances that had been granted. Mr. Kredell elated that Ae proposed construction of • tro bedroom garage apartment; that one garage space could be for the rental unit and the other spaces could be used by the oceanfront resident a. Several wewbers of the board expressed concern for tAe liwited parking spaces provided for the rental unit. It vas clarified that the zoning code requires a winiwuw of tro spaces for each residential un1 t. Diecuaslon ensued regarding the intended use of 'Garage Approach Road' (BeacA Av¢nue ), whether the vacant land to the rent vas intended to be used exclusively for parking for the oceanfront hoses. SECTION 2. The terms of the Thl[d Supplemental Treat Indenture, attached ae Exhibit 8 to this Resolution, end the execution end delivery thereof le Hereby consented to. SECTION 3. The public Agency hereby designates, confirms and ratitie^ William Cull iford .lgnd Haureen King , the Heyor an cir tier , respect ve y, to execute an a ver, tow Hess or attest) the Amendment to the Participation Agreement, Third Supplemental Trust inden- ture, and any related documents necessary or convenient to the eon4usmu-CSon of the traneactione contemplated by ouch documents. SECTION e. The Public Agency continues to be authorized and directed to fulfill all obligations under the terms of the Participation Agreement, ae amended, including, without limitation, any an3 all exhibits attached thereto, and made a part thereof. SECTION S. If any Section o[ this Resolution is held invalid, the remainder of this Resolution shall not be affaetad !hereby. SECTION 6. This Resolution has been properly noticed prior to its adoption in accordance with applicable law. SECTION 7. This Resolution shall Cake effect June 1, 1989. AOTHENTICATED thS6 22nd day Of nay , 1989. Nayor sa/RESOs tyCer _Z_ 5-8-89 ~_ tom. , ,~ RESOLUTION N0. s9- 24 ~~ A RESOLUTION AUTHORIZING THE EXe^CCTION OF AN AMENDMENT TO A PARTICIPATION AGREE- MENT AND AUTHORIZING THEREBY A REDISTRI- BUTION OF THE EARNINGS FUND; CONSENTING TO THE EXECUTION OF A THIRD SUPPLEMENTAL TRUST INDENTURE; AND AUTHORIZING ALL NECESSARY OR DESIRABLE ACTION IN CONNEC- TION THEREWITH. WHEREAS, the City of Atlantic Beech, entered iota the Intsrlocsl Agreement with other participating mun!cipal!- tie• and Counties in the Stat• Of Florida on August 28, 1986 authorising membership in the Pirst Municipal Loan Council; WHEREAS, the City oC Atlantic Beach, entered into the Participation Agreement on August 26, 1985 with the First Municipal Loan Council (the "Council") to finance certain qualifying public projects; and WHEREAS, the City cE Atlantic 9each, entered into a First Amendment to Participation Agreement cn December :, 1988 with the Council to provide for the returr. of certain previously expended application fees and Dorrcwing premiums; and WHEREAS, the Council and the Trustee have indicated to the City Commission of the City of Atlantic Beach [heir desire to extend the origination period thereby allowing Public Agencies (as defined in the Indenture) additional time to enter into a loan to fund qualifying projects; and NOW THEREFORE BE IT RESOLVED HY TAE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH. FLORIDA. AB FOLLOWS: _ SECTION 1. The [arms o[ the Amendment to the Pac- tieipation Agreement, attached as exhibit A to this Resolu- tion, are hmrsbY approved and ratified. All capitalized terms used herein and not otherwise de[lned shad be assigned the meaning ascribed to such terms in the Participation Agreement. ind the Indenture as amended. SECTION d. The Public Agency continues to be authorised and directed to fulfill all obligations under the terms of the Participation Agreement, as amended, including, without limitation, any and all exhibits attached thereto, and made a part thereof. - SECTION 5. The Public Agency hereby authorizes its counsel, Claude L. Mullis, Esquire, to deliver an opinion with respect to the transactions contemplated hereby in the form attached he[eto ass Exhibit B. SECTION 6. If any Section of this Resolution is '. held invalid, the remainder of this Resolution shall not be affected thereby. - SECTION 7. This Resolution shall take effect immediately. AUTBENTICATED this 22nd day Of May, 1989. ~..._ Approved as to form and content: Hilliam I. Gulliford, Jr. Mayor, Presiding Officer ' Title: Claude L. Mullis, Ci[y At[orney ATTEST: Title: lfaureen King, City Clerk 3c/i+B. reso -2- 111` RESOLUTION N0. 89-23 A RESOLUTION AUTHORIZING THE EXECUTION OF A SECONDARY AMENDMENT TO PARTICIPATION AGREEMENT EVIDENCING A LOAN FROM THE FIRST MUNICIPAL LOAN COUNCIL IN AN AMOUNT NOT TO EXCEED $800,000; AND AUTHORIZING ALL NECES- SARY OR DESIRABLE ACTION IN CONNECTION THERE- WITH. WHEREAS, the City of Atlantic Beach, entered into the Interlocal Agreement with other participating municipal- ities and counties in the State of Florida on August 26, 1986 authorizing membership in the First Municipal Loan Coun- cil; WHEREAS, the City of Atlantic Beach, entered into the Participation Agreement on August 25, 1986 and a first amendment thereto dated as of December 1, 1988, with the First Municipal Loan Council (the "Council") to finance certain qualifying public projects; and WHEREAS, the City of Atlantic Beach now desires to borrow additional funds from the Council to finance additional qualifying projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMIS- SION OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission has determined that the Participation Agreement previously entered into (the •Pazticipatin Agreement') by and between the City of Atlantic Beach (the 'Public Agency') and the First Municipal Loan Council (the `Council") should be amended in order to provide for the borrowing of additional funds from the Coun- cil. SECTION 2. The terms of the Secondary Amendment to the Participation Agreement, attached as Exhibit A to this aesolution, and are hereby approved and ratified with such changes, alterations and corrections thereto as may be approved by the persons authorized to execute such documents pursuant to Section 3 hereof, such approval to be presumed by their execution thereof. SECTION 3. The Public Agency hereby designates, confirms and ratifies the following persons to execute and deliver, to witness (or attest), respectively, the Secondary Amendment to the Participation Agreement, and any related documents necessary or convenient to the consummation of the transactions contemplated by such document: 31 OVER 3 1/2 YEARS, ONLY TWO ACCIDENTS HAVE SEEN REPORTED ON EACH STREET. CONCLUSION: THOUGH THERE IS A PROELEM WJTH SPEEDING THAT MAY EE ALLEVIATED WI 7~" THE PROPOSED STOP SIGN, THERE IS NO WIDESPREAD DEATH AND DESTRUCTION DUE TO TRAFFIC IN THAT AREA. s~-,.... ~.:., M E M O R A N D U M TO MR. RICHARD C. FELLOWS CITY MAIJAGER FROM DAVID E. TfiOMP~SD~fJ CHIEF OF POLICE DATE 05/15/89 SUBJECT: SPEEDING: EAST COAST DR OCEAN BLVD _______________________________________________________________________________ THE FOLLOWING INFORMATION IS BEING PROVIDED FOR THE CI7V COMMISSION: 17 FROM JANUARY 1586 TO MAY 11, 1989, THERE WERE 1,673 TRAFFIC ACCIDENTS REPORTED IN ATLANTIC BEACH. ONLY TWO WERE DN THE NORTH END OF EAST COAST DRIVE AND SPEED WAS NOT A FACTOR IN THEM. THERE WERE TWO ACCIDENTS ON THE NORTH END OF OCEAN BLVD. AND SPEEDING WAS NOT A FACTOR IN THEM. THERE~HAVE BEEN NO PEDESTRIANS INJURED ON EITHER ROADWAY. 2i OVER THE PAST TWO WEEKS, THE DEPARTMENT HAS HAD MARY:ED AND UNMARk:ED CARS ON EAST COAST DR. AND OCEAN BLVD, USUALLY IN THE AFTERNOONS AND EVENINGS. WE HAVE OBSERVED THAT A HIGHER PERCENTAGE OF CARS ON EAST CDA57 ARE SPEEDING, AND THERE ARE MORE CARS UTILIZING EAST COAST THAN OCEAN BLVD. CONSIDERING BUTH FACTORS, ADDING A TRAFFIC CONTROL TO EAST COAST DR. MAY HAVE A POSITIVE EFFECT ON THE TRAFFIC SAFETY. SINCE THE STOP SIGN WAS ADDED TO THE INTERSECTION OF OCEAN BLVD. AND 15TH STREET, THERE HAS HEEN A REDUCTION IN THE NUMBER OF SPEEDING TICYETS AND CITIZEt COMPLAINTS ON OCEAN BLVD. I 6ELIEVE THAT MUCH OF THE TRAFFIC USING OCEAN BLVD. (TO BYPASS SEMINOIE ROAD? HAS NOW GONE TO EAST COAST DRIVE. THIS HAS INCREASED THE TRAFFIC VOLUME AND ACCOUNTS FOR THE HIGHER NUMBER OF CARS SPEEDING. RECOMMENDATION: THE CITY SHOULD PLACE A d WAY STOP, WITH ALl NECESSARY MARKINGS,ON EAST COAST DRIVE WHERE IT INTERSECTS WITH 15TH STREET. THIS INTERSECTION WILL PROBABLY REDUCE THE VOLUME OF TRAFFIC AND REDUCE THE NUMBER OF VIOLATORS ON EAST COAST DRIVE. NOTES: STATEMENTS MADE AT THE LAST MEETING INDICATED THAT: 1i MOST OF THE CARS ARE SPEEDING; 2) MOST OF THE CARS S70P ON EAST COAST DR. AT 11TH STREET AND FLOOR IT REACHINI SPEEDS OF 60+ MPH IN FRONT OF 1175 EASTCOAST DRIVE; 3) THE DANGER IS OVERWHELMING FOR CHILDREN, OLD PEOPLE, AND ANIMALS. WE HAVE NOT FOUND ANV OF THESE 70 BE TRUE. 1) THE VAST MAJORITY OF TRAFFIC IS NOT SPEEDING; 2i WE TOOK A H1GH PERFORMANCE POLICE VEHICLE AND STOPPED AT 11TH AND EAST COASI DRIVE, THEN WE "FLOORED IT." WE WERE UNAELE TO ATTAIN A SPEED ANYWHERE CLOSE TO 60 MPH WHILE PASSING 1175 EAST COAST DRIVE (A60UT 45 MPH WAS TOPS). ao., rr i «.- .~.- 1~:~_:,, ~~ _~~-ti~1, ~~I_ ~-. ,., ,~,~. {8~9 JACKSONVILLE REACH COUE (9) I[ shell be unlawful Eor any person to surf or use or ride a eur(hosrd in the surf adjacent to the beach within the corporate limits of the city at nny time and a[ any location unless euch surfboard has securely fnalened to it a tether not eueeding eight IB) feet in length, the free end o! which must be securely bound '~ to either the ankle or wrlnt of the surfer. v (bl Swimming: It ehnll be unlawfu) for anyone to swim, bathe, or wade at sny time within • three hundred (900) foot rediw of the fiehfng pier Drewntly eatending into the Atlantic O[wn from the foot of Sixth Avenue Soulh. (Code 1855, 5 B-2d; Ord. No. 7002, ~ 1, ?-2-79) Bec. 8.60. Bwimtdng udawful In areas cloned by city manager. It shill be unlawful for anyone to knowingly belhe or nwim in any a»a which hw been closed to swimming by the dty Itunegsr. (Code 1866., 626) Sec. 8-61. Operation of boat prohibited within certain distance of nhorallne. It shell be unlawful for any person to operete a boat parallel to the shoreline within two hundred (200) yards of the ehorellne. (Code 1966, ¢ &28) i ,,,.. ~~ ~ 11 ~ ~~ ~ - ~ S~, Seep. No.t <00 .. t?:e eve r.c of •a:rer c, ency or for reasons of pubiis^safety er necessity, the Cciei of Police sLa_1 have ti:e aathcri ty to temporarily remove, reyclate, res tric t, limit or prohibit sailing or the i ae or ridiny of ~ sailiny craft, sailing catamarans, _ es:e t' boats or ;e t~~s L:is i:: *_he surf ad;acent to ..a beach ~.: ict:in the cercorate li ^.its of the city." ._,____.. 2 oc t' This ,,rdinance r.hal '_ is cc.m~. ccfec-ive _.~.ccdiate ly ::oon its i.:::a aye by ...._ .._-. Counci: ucd uccn approval by _'Se !flavor. Passed on Pi rst Reading this 3rd day of ~Rtil 1989. gassed on Second and Fina] Reading this 1st day o_° env _, 1989 Ish Bran Mayor .._.°S:. 'Ann e. Hanratty ty Cie r'r. ::roved .. _.. :ern end correctr.e s>: ~/ //1 rr.~~aL--2.77..x,_-~~ Claude 1. !^.ullis City .,ttorney ...: CGUCEB: ;a:r.i 3, !929 9iLL t1O. 485 r:'i CGUCCIL>fAY.: OF'DI`:AtiCE NO. $g-z-5 ...: ORD I::i:IiCF. n. _.iDiIG C!i.vumER t 6, SECTION 16-55, i2ES>TU[:E ~~BE::C!i CODE OF ORDT_`]A:7CES, REGA!2D?:4G SI+I r,T[JG CRArT OR SAI LIEIG CATAD!ARAi:S; ?!iOb'i DIC:G ,,:. EFFECTIVE DATE. BE I'!' Oi2L r. _.`i Ei; L. TiiE CITY COU[JCIL OP ;dF.PTUN F. BEACH, • ., _:C'i 1''.^.: 1. T!:at. S.cCion i6-;9 cf ii:c Code of Or!ner:ces ~,_ ;:!u. Ci t o` :Yr:r~cc . ...,_~:>y v..._:'. ~'e:d [O Yedd lfF ;O110K5: '. Sec. 16-~5. Sai Tiny cra,`t; sailing catamarans; poorer boats; jet ..':i s; prohibition. it shall be unlawful for any person to use or r'_de any sailiny craft, sailiny catamaran, pourer boat er ict ski i.^. tr.e surf of the Atlantic Ocean with!:: one hur.drod (100) yards o: the existent (as it .; .r: ar.d out on the rise and tali of the i des!~wa to line u:iti:in the ccrporate limits of ice c: ty be *_::een t a hours of 9:00 a.m. and 6:00 p.^.. curing the period from %esorial Day to Labor Day of each year, caci: i,c las ive;provided, : i:o:: rre r, duri::y s~_d r;ours a ~ sailing craft, sail: catac.arar., ., i:ca t~of jet sr,i shall be :erritced co ire iaur.c:,ed and retrieved through the ~.~r: _ - ,_ -yeas _-._ic __._ 'or surfing, H„ Sa i'_ina catamara.^.s ar.c other sailing craft ace pr.,..i bi ced __,. ,: r::i ng so as to blcck, -.-_tr.:ct cr oihc~r;:isu inter: ere .ith the line of ~iyht f'_ay signa li::y sys ter.^. of t}:e beach patrol __: eyuards di s;l ayed or. to::ers or platforms uti llmd .. tt:at _rose. Pur ~h^_r;nore, it shall be - ~.._ .ful toY leave „_ a..~cdoc -ny sai'_ir.y craft or sai Li r.y ca^ a.. at icadni ._ tr.e beach ui thin the cc ^.orat:e z., cf^the Ci t/. ?.hus abandoned, said saiLng -' _ ., ..i'i°y _ tar.:a ran sha i'_ he emceed ___... ,,,.c bcac:^.~ pursuant to Ci.ayt•_r 7f~, rlcr±da ' J ..9 tl1U... ~~ .. -. ~. _. !'1 i-. f^, U k A N D 11 17 it RI~Hn'D r. .-~.I„I~g ~~C~- 7`HG~I .J'D fill h':. Pi r.':;tl l' OP Ivll. U:.f rI VI- Itiii l'.,lairp; 1' '.:?PL;'.-[ON I^. EI°itJ, ?,P.'II}rp ;'pl; fl ti ,U ^!.-"'TL'C CJAt. JAIJF~ 4E _..' I';F TO JL likfi. - . '[- __ ::P f- L'utJSf DEf;ED i^ I±i- EUA fS ADiD f9Ll!:'f MI_F_l i.LL OI' THE ?EGI57 RA'(IL`N GD ::i^F ?:)Id5 FI rUl.ATi OI.:- ,,.: PRI"5178 [LLD C' oTAI'F L:a-l. _' ., J?r,'.=Y Vi-7 FII lii,8 T~]f' b, ,. i'.:) OI- ~__ .:• ntl'I ;. ..._ .' A°F Utl-li li ^11 d.h'J• I'1"Ilil?!J Tt_i „'J ID;i -1!I![FI T:iI: 111. HA C(1 F: Iv;LIS pPF OF FiFi EASF'; THFI 711Ri1T'fLE h'I:~H;. 4~ ._ ';h A; STOP ANG LAIJ[;,.T? MliCll M^I'E C2_[Cii 'r TiiAPI CIP IER T'lPES i7F C,G;,':- TH. ,,:F n:n ~ Rr-sr,?Irno;,` ,::: nir- or."„rnF? ~ or mT :., t.^. :. :F PR(~P~LLI{k OF _, JEf SR.( [S 1'JCJF C; PJ EC '.'_iCH THAT IT -FiFIJT.i Tb- :IA %.: ARD ~.- JTlil i. ....,.,,. 7'.1. GF-'FY. T.OR N}= Air'"I" SLI I; PC': [T IONEL WE.L ~1E~r:':'E TFIi- N::.IER S(i PL;T I{E./SFIE r','- M'•rF GTTC: '~'3:C+fLITI .'.I-!D UL_P .1 'CRC71"Ifs'. TH<•~ ^,pIIt9PIF ._ iiP Cp_C,-fATOi%:: Oil ?! .= J -.o;'C 1; rRU'•6PLY, TCT ::=,it' 7F:;^ TO r~F _,., - FDR TI U -'r'ERi,Tnr`> AND T}iE ~.A T!IIJ._. - .. .. ~. ~_ ~H -.'!'! ^'HEF. NCT I'J I7 `;, THERE AF!L OPERi,TORi bIHO i9A'/ ~fifJANGEr' THEMSEL'JEO :,f iD ':; LCF: THFi:': ]VI C.::?: i.L'-iCi Fill{!.,'•1[iR. ' ~L LOCr,t IH.'Oi-1-III: DIT „C-LIJ( 'ES i-: ~ .H[ AU :;C; F`! T(l GfJPUf!CG '.Ad 1l' ~i_t AiLAFl!FtEFl76 FDP .Iqr O(tt9ACiDN :7:J UTI-IER URD IIJAiIHE~'~. ~.- ~ .E L: '7R1 Di~. ',...?Rlr PATROL ya: -_ PkfJ'JI DG Ef1Fp R[Ef-NLNT WI Ibf: I;EGLJCSTE^. . ',iE P6tF f7RC'FP1LfIT Oi S Ct T'!':i r' I"nf)T RL~i7fi I~7T'f~Id ON EDf,T~ IS iFIE FG'IhIh RV ~ "V"" JF i.G7 ,. .;M,. v1F ~IPIi': ~ -Ati fiOC I °'.1'A!:I ,FiI' AI'Ri?h~IL-FID JGT S4"I _::,~~.-: n ~ v' 7il0 JT ECp li i'Pff H1 !Cl G`. 'SG. TI!'^, vi JI ILL '?I: PUi RC 7L'G P!IRCVIASE n% F iET ~~" .,.,: F';jl ~ iL Pl.I%'CrIFr'iT, t.>~C ::II Lf 11_l ~I~bIT (1;= POL IC[LS Af..l TRA INIt!G FfiR 1 ... -~:: I „rf,,,. ., Ii TI!CF CL t:OT kl '- Ti P:'_ -1F i .,.ST.': IJT :~ fL-CCGC:f. :'/ !7R ~ _-.I kr:.C:_C IS uP171 "`r7 D!Ff+P.CL. w :. V~Ai, MAi !0, 1989, 2 P.M. The Avsrdn Consdttee net at 2 P.M. w Itedossday, Nay !0, 1989 to roesiws bids on tan used garbage trucks. Present wen the Cbaltsun, Cosadolowr Glaon Edwards, City Manager Richard Fellows and Public Servicss Director Don Pord. ac two o'clock rith m bids being raeeiwad the Chait~an discwsad •Starnativss ritb rebate of eba Coasdtcsa and it vu suggaatad tM Cos~ltcw neasnend to the City Co~issfen to daeLn ebs trucks surplw sad auchorin [heir disposal at public rb or Public auction to the highest bidder. There befog no further dfseueaion tba Committee ras adjourned at 2:08 P. M. t ~~~ iVM!ffi auaTZ~ 1rT1971T3 Y8D11640dT, MAT 10, 1909. 2610 p.M. The Avards Coriccee rt on Vedeeeday, May I0, 1989 at 2:10 in the afceraoon for tM purpose of rwiwing aed walwtleg CM bids ueeo[ly rcca ived for fire engines and firs equlprn[. Present rare Cheirrn, Corlealoner Clem 8drards, City Mensger ilchsrd Fellow and Public Services Director Don Ford and Fire Chfef Walter gav. Finance Director Marry Royal rae absent due to another commitment Sa town. Chic[ Rom vent war all of the detsila reLtiva to the bids ncafvad for e tlra sngloa, a fire ~Sn1-pumper send tize equipment. Tha Co~ittea members discussed • n,uber of the Star as to [heir reesefty and revfewd tM reeomrsda[Sens of Chief Rev. Revlw and evaluation of eha bids 1ndlcans cM ler bid on the tin truck vas Paergeoey One at SI78,000. Frrganey Oue .ran also cM ler bidder en the mini-pumper st 352,000. Teo-8 Fire Fquiprmt Company ran [M for bidder on rst of LM aqulprnt [or the fin engir with CM eaeep[Son of the ladders, the hydraulic rescue tool end eemmunleatlane squlpment. After fully discussing S[ rsa the reeo~eedatioe of the Ca~ittee to the City Corlssioe that [he bids [otaliag 3296,096.06 M warded u tollws: Arror Products I.ongwod, Plotida 313,341.14 Motorola Jaekeowilla, Florida 35,651 Teo-B Pica Company Orlando, Plorida 341,845.61 Seergeeey Ome oral.. norida 3233,256.71 The details relative to leasing •te. eta to M worked out bdora tM Coriaalon racing end tM alternatives aM fimenelag prereted at [Mt time. TMre being no further diaeussion, the retieg vaa ad~ournad at 2:25 P.M. ~:. F k 21 A-11.00} Camel sslan A cacti fled pub) lc ttcouniant shall not pay a commission fo obtain a cl lent, rer shall he accept a commlsslm for a referral to a cl lent of products a services of others In connection elite TM prttilca of Dubllc ttcounting. This rule shell not Dmh1 DI t: (I) payments fv the purchase of an accounling practl ca, or f1) retirement payments to Ina) vl duals formerly engaged In the pracllm of puDl lc ttcountl ng ar paymnTS to Their heirs or estates, or 6] payment of fees to a ref err log certlf lad WbI IC accountant for Wblle atcaunting services to eltner the successor licensee a The cl lent In connect) on with an en gagemnt. ~ Specific Authority: 413.301, d1}.315, F.S. Le. Inp lamented: Q3. 315, F.S. Hl story: Nee 12-d-19. 11A-21.OW Cant lief of Interest (res4rvoa) i 11 A-21.005 Contingsnt Faes~ PuDllc ttcounting services shall not be offered or rendered for a fee cmtingant upon the f lnd logs ar rasa lTZ of such servl ca. Tnls rule does not apply to services In volving federal, ste M, or other taxes In whl ch The findings are those of the tax autharl Iles and rot }nose o/ the licensee. Fees to be ilmd by courts or dinar puDl lc author) ties, which aro of en Indetaminata emwM at the time a pub) lc ttcounting sac vice Is undertaken, shell rot ba regarded as contingent f des for the purposes of this rule. However, a licensee's lees may wry aegentling, Icr axavp le, an the coop laxity of The sac vice rentlxetl. , Spttl fic Author) ty: 473.304, 413.319, F.S. Lae Inp lenantetl: 4]3.319, F.S. History: Nev 12-d-79. I 21A-11.006 Ca~nlmTim rIM CI IS~t of Anvlnee Uoaasee If a cl lent of oro licensee requests a second licensee to provl~ Drofessl onal advice an accaunting or dual Clog mat tern In connection with an expression o/ op In ton, the second II<ensee vast consult with the first licensee, after obta In log iha cl lenNS consent, to make car to In that ha (the second licensee] Iz arse of all its relevant facts. i Spttlf l< Autharl ty: 413.304, 4]3.315, F.S. Lew Inp lamented: 477.315, F.S. History: Ne+ 12-d-79, Amended 2-3~1. 11 A-11.007 Prmsduras for lbgoflatlans for CerYaln Govelmenlal Audlis Tne licensee shall submit a proposal •I that a basis of fee Includetl. Rank log of proposals Dy the Legls lature, munl cl pal lty, county or school bmra shall ba on the basis of quallilmtl ons only. A basis of fee, If reaestea shall be subml tied In rrlting only after rank log tees taken place and, not7flcetion that the licensee Is Included In the ranked firms and only during the ache) nagot latlons •Ith the Leglz lature, County, munl clpallty ar school Doera. Tne govern log Doay of the Legls late re, mint clpal ity, ca arty or school bmrd can reopen formal nag~itatlonz rlth any of tna top throe (3) raN~ed licensees. However, only one (U of the top three f3] licensees at a tl eo nay regalate vl Th iha governing bMy of the Legls lature, munl ci pal lty, county ar sd~ool board Others of ine fop three l3) raeJ~ed licensees are prowl bl tad free pertlclpet log in such negetl ail ons slmiltaneous ly. Tha above mmtl oned procedures apply to county afdi is rally If the county adheres to the prowl zlons of F.S. I L45(3)fal (3>fjl If not then the prowl sionz of F.S. g3J17(5)fal shall apply to any such couMV dual r. Sped flc Authority: ai3.30d, d]3.311(5)(a `, F.S. lax liry lamented: 4]3.317 (5/(a), F.S. History: Nev 10-2G-0I, Amended II-1-Od, i-15-R]. 11A-21 .OOB Inompeti bl 1117 of Oocupafian Spec) fit Autharl ty: 4]3.304, 473. }75, F.S. Lav Inp lamented: 4]}.315, F.S. History: Nev 6-24-81, R - 10 AYA6DS CO!![ITTEE 1¢NOYFS T90B.SMY, lfAY 18, 1989, 8:30 A.N. The consensus of [he Awards Committee vas [o rank the audit firms from which proposals for auditing services were received in [he following order: 1. Purvis Gray and Company 2. Coopers and Lybrand 3. Arthur Young 4. Touche Ross In accordance with Section 21A-21.007 of the Administrative Rules of the Florida Board of Accountancy, i[ was agreed by the Committee [o request the firm of Purvis Gray and Company to attend [he City Commission meeting on May 22, 1989 to negotiate a contract for audit services. -~ ~': f.~s4d.:..._:--. C I'i'i OF 6TLAG'f iC .l:!GCf! l'~I:9t: F:T 4GJ D:'S"JS':'; ..~..~.... L9-1G ... 'I:C~Pr is L..-.. 0.-_..-E9 ~C OC::^ .... +.C COU G. f'-i 1,'-i i00 ~'~i-ri"_'-j 100 ,i- .. -::i00 ._ .._rrD . _-J.7:--. is .,al... ies . _al Pei ....l'. .... 7o,.-ions .,i Ly Tnsr. r::ncc .. _o. u:.r Fu.,,l F.ii:~nrr is X. E'i.;~il l7pi%F. ;; Ri!V iiNU%:~ _.. _ .___li-.Li 1__._CgrpL i' _:SCi2 Ci::: L;i?• 90 337 ,e.g ~7' x,571 J,~i71 0 0 ..6;: ............. ~.~. p: ov iLi Lu,ig. .. .ter .~.. ~ .. a., ....a ..... pa+.. .... eciu. :ur u._ 'r c3i ?.ci!:1 .. I~a~ry ,^. i:oya', %ir.ac c.• Li rn<'iar ..~_. ,.~. ... ..~. :.. c..c.t C. ..... o..., C_:~ .:... ~ . > Kk:501_J'1'I UN NU. 89-31 A KFSOLN'1'ION '1'KANSNNKKI NC CF. K'fAIN h10N1 E5 ISP'IVHKN FUNIIS Fi!{FF!f:\ti, [h« Lila Clr.~rter o[ CLe l:i [e of :+Clm+t is I:z:+cb rrGui res [1,;,[ CLe Ci[z Commis>iou :+ppn+ve a]I hud;;o Care ine reaao:: an+i trnny C. rs (roc one food [.~ :uc¢hr r. :u~J ' l:'N['_KEdS, [hu nature oC buJga Cir; .rystems :u:d Chose day Co daY • decisions affec[inp, such 6ndgecarv sysC ens require :ad jus [meat from Cime to tide, SOF, TIIEP,EFUKE, NF. IT fih:80LVED by Che City Commission of the City of '. A[]an. is Geach, [ha[ [i¢+ a[L~cbed budge[ Adj ustmen[ No. 89-1b be approved for the 19K9-90 hud~,e C, I ddoptrd by ti:r Ci tz• C:rnv i.as ion ? _ 22, 1982 ~~, ~: .. .. ._ .. ,. x x z ~ .. x .:iJi iam 7. full isen!, Jr.. Nuyor, Presiding Of Cicer 3pn-oecd a:= to form and cnrrec Cnc.as: f.l:mdc L. ;Tullis, City ?:C t,~nay .\TICS T. i:un'ecn h;ini:, f.i[e Clerk . _ s i 'mo't, ._. ^ ..~.~, ,. ~ CITY OF ATLANTIC HEACR BUDGET ADJUSTMENT NUMBER: ---89_15- EFFECTIVE DATE; OS-22-89 FUND: General Fund HRPENDITURES REVENUES ACCOUNT NO. ACCOUNT TITLE DEBIT CREDIT DEBIT CREDIT - - 00 Equipment 1,600 O1-521-6400 Equipment 1,600 OS-271-00 Prior Yeaz Fund Balance 3,200 ...._______---_..-___-_-0---3.200 TOTALS 3,200 0 ERPLANATION: To provide budget for purchae ing electronic time clocks for City Hall and the Public Safety Building. Laet Yeaz the auditors recommended Chet a time clock be obtained for use by the Public Safety Departments. PREPARBD BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellova, City Hanager COMMISSION ACTION RHQUIRED: Yee - DATH PREPARED:OS-19-89 ~ fie.. aL , ~ ,. ~: RBSOLOrIOR N0. 89-30 ; A RESOLUTIOB TRARSPERRING CERTAIN MONIES BETWBFJi PUNDS uHEREAS, the City Charter of [he City of Atlantic Beach requires that the C£[y Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, the nature of budgetary systems and chose day to day decisions affecting auth budgetary systems require adj ue[ment from time to time, NOW, THEREFORE, BE IT RESOLVED by [he City Coa®lseion of [he City of Atlantic Beach, [ha[ [he attached Budget Adjustment No. 89-IS be approved For the 1989-90 budget. Adopted by the City Commission Hay 22, 1989. • • f. • • • • • • : * • : William I. Gullifard, Jr., Mayor, PresidSng Officer ', Approved as to form and correctness: Claude L. Mullis, C1[y Attorney ATTEST: Maureen King, City Clerk Y L` t'' S CITY OF ATLANTIC BEACH BUD GET ADJUSTNENT ~_ ~ NUHBER: ---89-14- EFFECTIVE DA'f E: 05-22_89 t FUND: General Fund __________________ _____ ______ ' EXPENDITURES REVENUES ~, ACCOUNT NO. ACCOUNT TITLE DEBIT CP.EOIT ------ - DEBIT CREDIT 01-572-6300 Improvements Other Than Bldg. 2,495 01-271-00 Prior Year Fund Balance 2,495 TOTALS 2,495 0 0 2,495 ERPLANATION: To provide budget for extending the handicap dune access ramp 36 feet south to make it more permanent and not so susceptible to wind and tide damage. PREPARED BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellows, City Hanager COMMISSION ACTION REQUIRED: Yes DATE PREPARED:OS-19-89 aa~; - ' ~..~__ I BFSOLUTION NO. 89-29 A RESOLUTION TRANSFEBRI110 CERTAIN MONIES RETNE@1 FUNDS WHEREAS, the City Charter of the City of Atlantic Beach requires '. that [he City Commission approve all budgetary increases and transfers from one fund to another, and WHEREAS, [he nature of 6udge[ary systems and chase day [o day decisions affec[Sng such budgetary systems require adjustment from came - i [o time, NOW, THEREFORE, BE IT RESOLVED by the CS[y Commission of the City of Atlantic Beach, [ha[ [he attached Budget Adjustment No. 89-14 be approved for the 1989-90 budget. ' i Adopted by [he Ci[y Commission Nay 22, 1989. R a * * * * • • • • • • ~ i William I. Culliford, Jr., Mayor, Presiding Officer Approved as to form and torrec[cess: Claude L. Mullis, Ci[y Attorney ATTEST: Maureen King, City Clerk is W!'. F::' Ul~l"i 1.1. n'I'f. ~.::•t'I S. ~i F:A(. it Bli-(:.1T A[:.IpST9:.1 r.T 0-1• ..PF=:CT IVE LATF: Oi-^2-a9 C~:; •. c:.l Prr- ct:. ~:X. Pi!:.7 itU RF.:S Ri[Yif i:il ii n' 6000L'!:'i :IC. ..000L'BT TiT!.'_' _~~~iii i;lS CitiTi7- -11Eili ~~~~_i:?iiili'1' t~ S.:-5500 Fu; ll - rrr Lo'r I~:. :e! ~ Co_r 1? lCC 3C-"F!-:,..i l:uiftre~.ze Luau pros redo 29.rH0 29,160 _O____.__._~_ i:r+, luf ._. _._.....: ~... _ :-ov i... Ludg.. :or ,.~: _.. a,. is::u ar.<c coc.., cha ig:: ,i Ly i.e g.~1 ~br ,.. „o.. .. 7nnl yt nr Ft r,nd Cou u::cl'zWd ~..._. .xtca. iva .. .. .,,"•7, o20 `and :, L.. ~ ~t..~ $i 1,?G~:, r..-_ ct ivc: T. ,.,._ae costa ..~~r._ _:u~~:~ rom ti:r~r login p. o- -. ., .,. i,ut nav.• .o be roc.,: Lori it ti: ~: .,_ .. nee our.te Ior .;Wane: ul r~.; ort ind~. rc:... . ~. +' ~: F. ~' u6'i :: i'itEFndIiD: US-19--r.9 // Y.EtiO1.U'1'IUN NU. H9-28 A KISSU LII'I'IUN '1'KANSF'HKKI NC CKK'PAIN NUNIP:S 8F:'111HHN FUNDS S:H4: P. F:\ti, tl:c ::1 ty CLar R•r oC Chi City of At lactic Leach requires , tint [Lc City lum,.i:m'i un ;:ppnwe all im d,;.~U:ry inc rrn=us and trans Cer Erna c„~ (unu to ;u:ut L~~r, nmi HIIF.R I:,A5, [hr nntcrc - bud:;r Carr s}':=t. m:: and [i:osc day to Jvy - ~cisions affecting tiuch hudy,u ert'y sy::[ens r~~qui re ad lu~[man[ from [ime to Ci~u, i SU.:, '1'NF:Kf,FUKE, 8t: 1; K4:SO7.VF.D by [he Ci[}' Qrrc.^.i nsinn of the Cit^ of ' .1t Lan[ic Kcach, [ha[ [i:e u[bmhed ISudp,et ddjus [ia~nt Xu. K9-i7 be approved for the 1`)tl 9-9U L::•h•et. ldoptrd by ILc Cip• Cns,ni :efaa Nay 27, 1J89 t .. ,. .. .. ~ .. .. x .. .. a ,. Fi 1l i:en CuiLCurd, dr., M::yor, I'asidinl; Ufficer Approved as Co for-: :u:d cn true h:aa: , L. Hal lis, Cit+ :At [ornev ?:fT5cT: .6:u r~•on i[in;;, City ~. ~.. CITY OF ~~ faHYic G '2cl - ~faaida 1 ~• __._._ _~tu ...~ );ay 19, Il5`) TU: Ilvrrj Royal /Piumux Ui rca CUr FnC[i: Uon V. Ford/Yubl is Scrv ices llin•c Car RE: 1985 F'ORU dCR09'1':Ai: C1lii;l lS2 Cri: u', cce: ~s unuternnu r I~ uos^s 11 LTS't IC Hl4~ y{, !'LU i!IUA ][2J9 'I t-1.. FIIU9A rmL 1a~ 2:f1 Fe. have been using a conf isw CC~i 1955 Pord Re rus Car Carrier Van nfr the pa~c 5 conchs as a r..~intenauce/eec rguncy vch icie Puc Che publ is lurks UepnrtseuC. This vehicle Ims been cleared Cbruugb Clw pulice department .uul a leiu Lur a; proximately $6, d0U AU Lus to be paid L~Cu rc e:e eau C:~kc pnstic°.s ion. 1'itis is a fu it t.^.a rkae pri..c Cor ['.iis caL i<-lo. 1 ~ ,,,, ,~ n Lud~el .:.Lj v:.trami[ [o care this purchase. i l; DCF/Cb~ ~~ m: City "7nna gar '~ Ch icf 'thou?son File NUMBEg: 89-1G FL'L~. ou:c. a. Fur.. ACCCU;:T .:0. ACCOUNT TITS. F: 01-541-6400 P;u ipnenT O1-?71-00 Prior Year Fund Balenrv i{F'F F: C'1'Il'i{ UA'L :: 5-13-89 F: y. F'v?IUi1'U {F:5 RF:VE~IU S:S ~~--DEBIT 1. ?. C:D I'1 DkSB 1?' ~~CA°D1T -- -6 , 800 F,900 L.000 0 .. 6,800 cK PLP.NAT'G1{: To provide funds for yu rc han ir;; a i786 Ae r~ict=.r Van to be u::ed by Y'abi is Aorks. This vehicle vac seized l.y the ?oiicc Depe. tut i~as an outs: and ing Sien bei anCe Shit lac [o he na id to ootain Tit 1r. YFE^ ED .... a: ry ... Royal. Pir~au: c. ..i rer:[or 1:`7*_T?'1'FU,BY: :.ic i:a:d C'. eei:osc. Ci. :(a r.aBer COHNi SSION ACT?ON FF:1?U IRiiG: 'i es s f F.. ,is-~.u. . - `. ~.._. DP.i.. :.. F,eP.:.EU:~~-~ .-83 ~~ KESOLIif I[1N NO. 89-27 A KESOLUTI ON TKANStBKKINC CEICfAIN MONKS BF.'I'NECy FUNUS 11U5P.1i,15, Cho Ci Cv CLnr[cr of [i;c City o; .`.[lan ti: F;eacL requires thaC [Le Ci[y Cor.::nission appnroc all NuUgc ran inc rcasos and [ruv Cc rs i roa ono Cued [o acu[her, and IiHERI'AS, [Le nc:[nre oC budg~[ary ~;'; stows and chose day to day decisions of fec sing such bud CC rary sy:: n~ms require mlj~.:e [tent tro¢ time to [imo, :70W, TN&KEEOP.F., 8E IT RESOLFP:U b}' the Cit:~ Cunm~; ss i~~n oZ the Ci ep o[ n[1an Cic teach, thn[ the attic Led I:udge[ ,ldjustc.en[ Vo. 89-13 be approved for [he 1989-9(1 Ludgc[. ddop[cd ov CLe Ci [v Commis:: ion :?:r; '_2, 1984. x ., x z t r .. x .. .. ,. ,. ~ , Fillia~ 7. Gulli: ord, Jr., aa~or, Apnrovcd as to form and rorrc. Cnes=: nude L. t:ullis, City d[[orr,ey A ~'IF.Si: hln::recn rainy;, Ci [': Clcr cei f..__.._ w.sr ~ . _ IyVPt_i ,,. _. ~'dtl' I1, 19N9 NAhfE OF COMMtiS. h1 5 Y N ('rnk x x tkrti<xl: Aplinrve tlxe axnx:pt of a st ra iyht exahnxge of II)t Pdwar(L; ~ x 316 exurxxl try Mr. Ilixan, ani I[)t 305 (xvrl(xi cry ttr JelL'x'n x x City, with tlr City Attnnxy to pn•p me Ilx~ n.rrs:.iry 'I1x:kcr x Orlinlncx• la ,wl d)rirc ttxe oxct4u nR: oC pnilnliic; (.Ull iford x ~ .., ..__ ..cion t. 4:.r~- tl'r. 'n..,. 7Lr nr it ioa yi.. e;n.~nieuus .y dp_nv:~~l. I e. FLrthcr disevsion rclat ivc w tllc S(etva Links ide _:iqn Disc ~s=ion on this itrm was tiitht;c kl with 1lction on ehdin~n(xrs, Itrm F:. 4_ C(xv-rnt A< A. Ackn(x,vlodcgcxlrrlt of an action try the Atlantic Beach Pol ice ~\ 0.p,lrtmrnt in transferring a 1981 CRvralct pickup tnl(•Jc seiz(d in n~rmtic:; apesat iorc: to th) 4t><u~tm•nL of Public Mork::, City of Atlati2l(: Ik'a(:h, fOI ;SUD.DD. It. lx:kll(MIt(xl(]tlrtllt an an i1Ci 1lM t)y Ai lantlC 1k'alll P:JI I(Y` ^rparlmnt in tlxe transIIr of title on a 1576 Ikxk]n pickup tnx:k a(lyui mt in a Iclr(x)[ics :x:i zum to the) N.rvnl Invcstigat.ivc Sarv icxr::, Lly(rort C. {t~tification of an (>R'nR=ne.Y action by tlx. Cily Hula<Rr far ttx: repla(xnrsl of a blower at tlx: IA3[:canx~r Wosti wdtrrr 7Y(•atmnt 1'l ant in th .mrxult of 13,038.00 D. Appnrval of preliminary plat for a C<xltract Cklality Ilvalolmnt krxx+n as OGL`Jfl 'ILrrace all refer to Coucunity Or_wclopmnt Ikx]Zil F.. Action bl' the City Cnenission to approve execxltion of a nutual aid aqr<norrlt for fim fi(Jfltiny tntw(xn the Citir.: of Jackvxiville Frach, tk~l,tunc Bcadl, and AtLlnt:ic lfc.-ICh F'. Autlnrity for the City Rtina(gcr to advertirc order the Ccx>_;ulta~ts Crnpetitive ltyotiati(In Act for enginx:ring =;erviees in mnnxtion with water and s(~r inta.rmnlxrti(xis Ix~twtcn Atlantic t><.i lities in (kak 141rtnr all tJx- fAlaCarY`i'r W:)tr:r and Se_tr:r Dish ict G. Mktlawllslgn (xxmunicv[ian fmn tha 'lts+n of Ornrxge Park rolativa to ttr :;() o-Il led "hidden true" tx:irxl 1»id try tlx: elex:trie ev:;t`.,.,r:; of tlxe Jacksonville Faectric Autlnrity i IL Intmdur3 ion and a(k$.t ion of a Fa~:nlut ian <vll irx7 for n{xvl of ttr_ Criminal Discxrvery Ib1..)si Lion laelc i)y Ux~ [-'loci da I<slislaiurc I. W`solu[ion 89-1 - Intn dna iem ::nl a(Y>pl ion oC a Iec:x)lution .relkirxt bxk]l:t:lry trar>•:(e•n; tr~iwax•n (un1: li)r th' fi::cal y(.xr cldlex) ~i yL rtx•r 30, IYNB ~ l _. - ISUirUF'C ADJ L'S'i ?1e4:'!' ?(U:'i:'!. 3`J-11 P. E'P Ei:'_iVF Ii,TF ~-!'_-S9 '.. L::(FctlD i'1'i1 RF:5 HeV'r'.!i[7^S l,CCt. iR'3 :0. nCCJi~?:~ ~I79.tI O?::=iY (:iU?DID D:aST Cit E:D IT C - &1-. iOG .-s.,_f.. . ,.,.. ,. :.t Fu ud S00 o.-.. G2-i00P "'. .:....Ir ~ r.. _. ~.~:~:•rr:l Fund Sp0 '. .. i.... ~... ..: 0?i: To tran rfer .ur. .;_ prrvieusly av t!rorized l.o [ire l;;tj Corre~i:::;i on or. :anu ark :. :939. lal atad u a pick ep tlw k r.oi.a-d b the Pnl ,ce D,•y;. ~:.9 0 ,. .. ,,, tic pull is Uo r'.. ., irr:,;+;tne n:. ..... 'r'.: r... BY. 'g'c}::~:-J .. Pel c:.... ., i.t,. .,.::: „:r ~. CJ::?:: $S IOii A::;'.'I J7: !?:iC1i IF.EI': 'i o:: DA"iE YdP:?AF. kIU :Oi-04-A9 . 6. ~} . B' rr: $. 5 C' F -.zn_K..-~.~.-._:-. . _. l~ ( ~',~ KESJLU'I'IUN hO. 89-26 ~~ V ,y ~/~, A KFSULt1TIUN 1'NAN5 Ft:kKl Nf. CEK'I'AIN MUNIFS IttaWt:EN t'UN11S 4:HF.k F,dS, 4:e Ci [:• Char(cr of tl:e Ci Cy of :A[]:u:[ic Nec:rh requires that tiu~ C.i[`: C.:usii ss iun :q.p n:ve all bu JgeL¢y in.'..:~c.-. :md tr:usiert: from unr fund Cu :mo(her. anJ M'Nf:kC,\S, the notate of bud y,.~[ar}' 6')s R•ms :end ti-~csc da}• [o d:p• decisions aifertin~ sod: buJgc tar: systems requ irr xd;us[nm.[ from time to time, ROI:, 'f fl F:k P:FUK H, It F: IT kt:50LVh:D ! Che Cfx}• Commi esinr: oC Che CI Cy of [lau[ie Ncac6, H.at [Lc att:mhc.l Y,uJp,r[ .1Jj m: hxvn[ 2,... v9-II Lo approved f:~r [hr 1939-5U Ludset. ddnptcJ by t6c C7 t;~ Comm i:.s ion >fay 2'_, 1559 .. .. ~ a ., t x t t z ., c z 4:i l: ism I. Culliford, Jr S ayu r, Prer .ia iug Officer dppttwrd a.: to fora :md corrrccnes s: Claude 1.. 31u11ie', City Attornoy d.?F.ST: .~.nirecn h:iu^, dity ,~~..._ CITY OF !'itllautic ~taek - ~latiefa 118 UCEAN BOULEYAIID P. U.BOI E6 ATLANTIC BEACX, FLORmA3YEa1 TELEPHONE 19WI E~9-EB% Hay 02, 1989 To: Harry Hoyal, Finance Director From: Harry McNally, Buccaneer Division Chief Hr. Royal Ne have nov stopped using A. Carver Septic for haoling Sludge from the Buccaneer Plant to the Atlantic Beach Plan[. We need Co make a budget adjustment [o account 844-535-3400. The monies i[ took to haul the sludge until the sludge tanker wes made should be returned to the above account. Thank You, Harry NcNaily NN/ras .. ~ CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT ~ NUMBER: 89-17 FUND: Buccaneer Sewer Fund ACCOUNT N0. ACCOUNT TITLE ___________ ______________________ 44-535-3400 Contractual Services 44-272-00 Beginning Retained Earnings TOTALS EFFECTIVE DATE: 5-22-89 EXPENDITURES REVENUES DEBIT CREDIT DEBIT CREDIT 13,500 ' 13,500 _______-_..~~__..___________________ I 13,500 0 0 13,500 i i EXPLANATION: To provide budget for the hauling of sludge from [he Buccaneer Serer Plant which were not previously budgeted. PREPARED BY: Harry E. Royal, Finance Direcror INITIATED BY: Richard C. Fellows, City Manager COMMISSION ACTION REQUIRED: Yee DATE PREPARED:OS-04-89 u-: ~ G \ BBSOLUTION N0. g9-25 A BFSOLUTION TRABSPEBIIIIG CERTAIN NOBLES BETYEEII FUNDS HHEREAS, the City Charter of Che City of Atlantic Beach requires that Che CS[y Commission approve all budge Cary increases and trans Eeza from one fund co another, and WHEREAS, [he nature of budgetary systems and Chose day [o day decisions af£ec[ing such budgetary systems require adjustment from time to time, NOk`, THEREFORE, BE IT RESOLVED by the City Commission of [he CS[y of Atlantic Beach, that [he attached Budget Adjustment No. 89-17 be approved for [he 1989-90 budget. Adopted by the Cicy Commission Nay 22, 1989. x x x x x x x x x x x x x Nilliam I. Gulliford, Jt., Nayor, Presiding Officer _. Approved ae [o form and correctness: , Claude L. Nullis, Ciry Af [orney ATTEST: Maureen King, City Cletk :-Yeia f l .~,-n...~ . .., .. _ J P tl O O 6 ~ I » O \ .. m ~ M o a l O Y LL I a a J r v » h 11 ~ .<. 2 ~ ~ o N N < u f N Z J < < ¢ f Y M Z < 4 zt N ~ ^ 1 v` N 1 r i s N 1• U e z F U u < J N O N ~ C 2 • i < W ~{ O N N O O ~} >~ r O . } . i P M N N N t7 N wW N p. P p J p~ ~ d sz a at » a .. ,. o u f N r S m O n < . h O u N M p O 1 O O O d » pp o .. p O ? p P M 1 ., i N W ' ~ G i < 2 ',O p W J > ~ ~ Y m 1 > G ~ N W q• 2 7 N F < > W \N O N W H N O i = - W JO a[ f W W N O N t F K W~ -. 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M S Y N RecoRnit ion of Visitors-continued ~ ~~ ~ ~ '" ~ , Mr.Mullie responded bMr. Parish's question relative to appeal, that ~ , the chances for the court to reverse were slim, based on factual cir- cumstances. Mother alternative would be that the City could acquire a 5' access by eminent domain if the d[y could show a public service ., to be served. Mr. Mullis recommended the city no[ take any further _ action on 17th St. until after the court case on 20th st. is settled. That court hearing will be June 13, 1988. Mayor Howell said the cost on the 20th SL easement would be quite expensive, and also he vas not sure the city could show a public necessity for 17th because of the proximity of the 18th S[. access and OeWees access. APPearances: ~ - ~ - "' A. Mdy Nay of Consulting Engineers, Cee b Jenson, to discuss an a aren[ need for osslble en ineerin network anal afs of the Buccan er water system Mr. May furnished background information on the Buccaneer system. Aft r evaluation, Mr. May felt some long term distribution improvements nee ed to be planned. Ne suggested the city authorize a couputer analysis fo 1 a sodel. Then the city could decide wlu[ type of improvements, vets ne ded, put a cost estimate [o it, and se[ up a total pre6ru. Por. planning purposes,Mr. May estimated the construction cost of alternative 1 to e between $12,000.00 and $18,000.00, and Alternative 2 Co be roughly $50,000.00 to $70,000.00. Engineering expenses to design final plans, spec iElca[ions and construction documents were estimated a[ an addi[i nal .- $5,000.00 to $7,000.00. Mr. Fellows added Buccaneer had a very antiquated way of providing chlorine for such a large system, by using 150 16. bottles. The city used one ton cylinders, which should also be used in Buccaneer, and should be implemented by fall before the temperatures drop, which won d severally limit [he chlorine withdrawals. Nr. May expla±ned~they wool basically be proposing to put in a facility that would handle the one ~ ton cylinder which had 8 times the withdrawal rate of chlorine than _ the 150 16. cylinders. ~ ~ ~ ~ -' -~"~ Motion: Authorize Cee and Jenson, Engineers to prepare plane and Cook x x specifications for chlorine facility ia@rovese¢te at tie Edwards x : ~ gucaneer eater and sever system ac a cost not to exceed Culliford x x $5.500.00. . . , Jensen x ~ . ' Howell x During discussion, Commissioner Jensen asked what impact,-if eny, " would the Atlantic Utilities have. Mr. Nay responded if we picked up Atlantic Utilities or any other subdivision at this time it would provide a severe restriction on the chlorine fac111t1es, .but not on the distribution system. The question vas called, and [he motion carried unanimously. < x s s x< e t a t s•••• a x a •x • x+ x x z x x••* x ' oW 35m ~~~orv Nr. Richard C. Fellows City Manager Nay 12, 1989 - Paqe 7Vo After review of this Addenda by yourself and the Commission, please have the Mayor execute both copies and return one to our office. We are pleased to offer this assistance to Atlantic Beach, and trust you will call if you or the Commission have any questions. Sincerely, Andr~~ P.E. Project Mana er ARM/sd cc: Harry McNally GEE AJENSON--„ .; .rr-......~>.•-_~m e t n ~6 May 12, 1989 ~,.~-„~,,. w. Mr. Richard C. Fellows City Manager City of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Re: Proposed Buccaneer System Analysis Atlantic Beach, Florida Dear Mr. Fellows: Mr. Harry McNally, Superintendent of the Buccaneer Water and Sewer District, has discussed with us the problems of low pressure and insufficient disinfection levels that is being increasingly experienced in several areas of the District. This is probably due to the recent surge in population in the area, and the additional demand from the connection of the Oak Barbor subsystem. We refer you to page 4 of our letter dated May 11, 1989 under Project No. 88-009 in which we predicted what problems may occur unless distribution system improvements were made. it appears that these problems are, in fact, now happening. Although a new chlorine handling system has been constrveted and larger chlorinators installed since that time, we suspect that several mains are constricting flow and preventing good distribution of disinfected water. Approximately one year ago we discussed with you the advantages of and need for computer modeling the Buccaneer system. In short, this engineering approach allows us to determine the most cost-effective vater main improvements that should be made to correct the problem, rather than guessing where to construct pipes and what diameter they need to be. I also made a presentation to Commission at that time about computer analysis of the system, and some of the problems being experienced. In response to your request, we have attached a proposal to perform this distribution system analysis as an additional service under our present contract for providing water system improvements, GfiJ Project No. 87-560. Gee 6 Jenson is proposing to execute the necessary engineering services on a cost-plus basis not to exceed thirteen thousand dollars. We feel Atlantic Beach can benefit greatly from our services, and with the City ready to prepare the 1990 budget, authorization for this work would be timely. a65~ SaesWry Road • Su:te 3611 .,;3c,~rva'n. Fnaa 322' 6.6t a] . 9G:; iJ~. ]t 00 t9 r..-.._ ... o lea `Tuttle Inn ,~ & I~estautant May 1S, 1989 Mr. Richard C. Fellows City Pfazlager City of Atlantic Beach 716 Ocean Blvd. Atlantic Beach, FL 32233 Re: 51H ACNi]AL HOBIE POIhRE RECAITA Deaz Dick, We aze excited [o learn that the 5th At¢e~al Hobie Pointe Regatta has cSwset us as their new lwst hotel. 'Ibis aTawal event has bem held at the Holiday Itat in conjtmctim with the City of Jacksonville Beach. 41e feel very fortunate to have captured this news media event for the City of Atlantic Beach. Participants from the entire southeast are registered far this ever growing P.egatta and this will bring increased revenue into all local businesses. We are asking for your help and support in making this a huge success for our city by allowing the Hobie boats to be latmched fran the Atlantic Blvd. Beach FYrtrance. Under their cavsrant supervision, boats will be trailered to the beach daing specified hags: Friday eveni 9, Saturday anrning and roved Sunday aftertnon. :his is a 1~ day event: therefore. we could appreciate obtaining the City's special penRission to store boats with trailers, overnight, in front of the Sea 'llrrtle. If you will advise us as to the requirmlatts needed to designate June 10th and 11th, 1989, 5th Atanral Hobie Pointe Regatta a "Special EWmt", we world be most appreciative. We look forwazd to a contixved long and trusting friendship with You and the City of Atlantic Beach. We await Your reply. S' ere al Mazlager~ JPB:jf JacNSOm~~lle's Finesr Q:ean[rom Inn and Restaurant One Ocean Boulevard /Atlantic Beach. Florida 32233 1904-249-7402 IM MRNI!89 NlltttOf, tM prrtb hereto love Culy teecoled th4 Atreemcnt the Esy enO yHr Dnt chore ~NtIH. Ar.y~y CRY Of JACttDNY1LIJt LinnN C. tlNlieme Corpontbn teeretery ATRBrt 'ITOw V Newuri Wyar CRY OP ATLAM1rC 86ACN in compl4nee rlth tM CNrtH or Ne City of Jecluonrlue, l entity llut there V N oneepen0e4 onencumheM W lmispounOeA helutee In tM ypeoprfetbn wrfleknt to corer the rorctolnt Atroemeot etl that Inmlebn hu heeo title ror the psyment or the monies prwNtl theteln to G pelA. Director of PI~unH cur of JectaonrlDe Form Apprcrea Avielent Couroei City o! JeckeonrflM S ~:: ,t., ~,- f. In performin8 hereuMer, toe lBCIPIENT ellall eel dltxlmlvte a8elvt any worker. employee « applleant, « any masher of tke puhllC, ketauae of n«, arced, color, nll8bq aey Mndlcap «vlimml ori8ln eor otnmrW Cemmlt • dbnrimivtory employment pnetlee. Toe 88CIN8NT atoll lake affbmatln aelbn to aamva tMt appllnnta arc empkyed W tM[ employee w dealt wllh durin< empkyment wlihout re{aN t0 thek race, Cited, eobr, rt1I81oq M4 Mndlcap « vtlmW orlpla 6uM actbn Wall Ine1We WI not IN IIm IIM to tM following empbyment up8radle8, demotkn or tnvfeq rterultment «rctrultment advertW~, bYroff, termivlion, ntea o! pay « otner f«mn of eompevstly am aeleMlon f« Inininp, beIWItK ePprenlleeahlP The BY.CIPI¢NT furNer a`reee to make Ita holm erd eerorde rtbtln< to empbymenl wtllahle to tM ]aekaonrllla Community 8ebtlom CemmWkn In raped to sny claim w CMrp Of employment dberlmlvtbn ma0e apirol tM 86CIPI8NT dudes tM term of this AlRaement «any aetavlon Mreof. 8. 7Tb ABreamenl may not M migmd q elthn parl7 wlthoul the prbr written rnvent of [M otMr. To tM eaten[ that en mipsnt b ao p«mltteq thb Apeement Nall M hlMinB upon and Ilmro !o lM Devflt of lke wceeason aM mlgm o[ either psmY. Atry o[Mr mlpmmt « WrPorted mipment o! Wb Agreement WII M vll and voW. 8. le the Brent tNt amr pnWlon Mnof aM8 a deemed In vkblbn of any 4w « Mb to tr InnIN q aryl court In whkh Nb Agwemenl shall a Interprele0l the vlolalion « InrallditY of snY partlCUbr pnvbion Wall not M deemM to effect any other pnvbkn hereof, hul Mb Agrcemtnl Well M thtrcafler inlerpreled ea though tM penleubr provbbn eo Mb to W b rbbtbn « Iora1N wen rot contaivd herelR 10. 7Tb AgnemeM eP~talm W the tams egeed to between We partlp. No natem<nta « reprerentetlov not Included Mnln alla8 4 OlMlleg upon tM paellas and v modifka[bv « amendmenb of any of the terw Mrwf Well M ra1W « hlmlbg unkn made q written emeMmml hereof. 3- t_ -. i, <. 'The R'LCIPIP.NT shell maintain an accounli~ system rhlM provide fw a complete reeoM of the use of tDbe fellda. 'Ihb seCWntlnH ryrtem N41 provide fort (a) Accurate, current aM mmDlete diaclowrc of the atalm of V I futldi (b) Reeonis flat NentifY ad,WatelY the sourcN eM sppllcetbn of luMS fw ell aetiritin related to the project. (e) Accounting rceoMa tMt are wpported q aouree 00cumentetion eM are le sufficient detail to allow for a proper pneudi[ u,d postaudit (i.e., Involrea, Dlils cen<eI1M cDrOks)_ (d) The HECIPIBNT shall wDm(t to the CRY en expeMi[un report 9uerterly until eompletlon of IDs pro)ect. the report shall Ine1We Total project casts along rlth documentation of expenditures Hall reports stall 4e nuDmitted to IN Chef of Planning, Reuerch Q Cnma, Delmrtment of Beercation attl Public Afhln of the CRT. (e) Pinanelal reeoNy mpporting doeumentF rtatWbal recOrda, atld W otDer reraMa pertinent to the project Nell De ntalne0 q the HBCIPIHNT for • peeled o[ three (7) y<an slier the completion of the project. (f) Thr H8C1%8N1' alWl make ell records o[ expeMitures, copies of npor4 Dooks aM related dorvmenlstien svaileDle to duly s0[horized rcprca<ntalivn of the CITY foe INpeetion at naaonsble tlmd fw [he purpaae Of meting audit; enmWtios exc<nts and tnnxripls 5. At project mmPletlon, IM HBCIPIEMT dull fonrard to the CRY (1) flNlniel Bats wpportftq the expendlturc of funds, (Z) an u-DUllt site plan p-spared aM certified q the profesabNl reryoNlNe fw the project pbro, (]) a Ibt Identifying tM emoun[ aM types o[ lscllitld derelepad, Improvements mWe end eaweistM expemes and (s) e protect rnmpletbn eertlfiNte. 6. TDe HBCIPIBNT a1W1 ewre tlut VI faei111ip acquired, mNtrvcted w improved a part of the project rill 4 operated in aeeaNeNe witD the foWwll~g lTlllri4 Noel De an puDlleir<rned prepertp 0. MNt M open to IDs geNnl puNlr c Nay De mM q prime slob w arpNxatbN from time to timq Wt cannot be Yard tubWrNy q [Dana prime pmp to tDe aubtantW exelNlon of the geNnl pubiMt 6 HeanoWle n[n aed Mara may De eMrged to Delp defray expeNes tmt Nt to the rrteot llut they exclude • wbtantW ammmt of the 8enanl publb for economic rcssotu: e. Canon[ oe ueW In • elaroer rhklt vnbrfp8r ObeAmiNtes on tDe Dula of racy rned. roles, se; nligby N[bNl origla, age w pDYdcal DWirapq end f. Mq N wDjeet to reuonade roln ae0 eagWatloro q tM public owNr wch u types of tuea, Inure of epant4m, etc. _. ACRHHYLMT THIS AC RERNHNT, made •nd entered Into tpl• day of 1919, Dy and OetweN Ipe Clty a{ laeksarrville, • munkipal rorporcllon In Dual County, Piufdb perckuf[er referred to u lpe CRY, and lpe City of At4ntl< Beach. • munklpsl eoepontkn In Duval County, Florida, perclrafter rehrrM [o u tM RBCIPIHNTt NRNtlSNRir NNHRHAS, ONinarme M-760-7te of Ne CRY appropr4lM tpe sum of SITYHN HUNDHHD PIPTT THOUSAND AND NO/IN DOLLAtl6 (7TSa,a01.607 to eacp of iM fourteen (1t) Cauneli diatrlc4 to M ueM for nelSpporpood Impeoremeet projer'N tv lR desi9ruted DY lpe eepectire D4trlet Cwrmliman of IIN CRYI art NNSSHAS, the HoronDle ]Im ]ar0oe. Clly CaeaHman far D4trlet 7. pu designated certsin projects to recelre vsrloim Portiorw of lpe a(oresaN appraprlalbm mM NNHRHA$ Ne parties wtah to inter Into an Agreement providing for Ne expeMilure o(a portion of the Yb eppropriatlan In • kgsl manner and In seeordanee with the InNnt of Ordinmree A-]sOJtt1 NON THHRBPORH, In romMerclion of tpe prcm'rsea errd of the mutual covenants art agreemen4 perelrolttt eentaineq the pMka agree d [olbwc I. tTe CRY aimll canrey to lpe RHCIPIHMT the am of ONe XUNDRHD PIPIT PIYH THOUSAND AMD MO/IM DOLLANf (SISS.NO•N¢ 2. The SBdPIHNT spell adminWtt avd expert tOe win of ONS HUNDRHD TNHNTT PIYS THOUSAND ANO NO/IM OOLLAtD (gI]S,SN.N) ror tpe purchase of additional 4nd for lpe AlW[ic Beach 8e(idval Part and lpe sum or T'XIRTY THOUSAND AND NO/iM WI.I.ABS (g]OrSg6-M far eaplW improvenmts al lack Ru::ell Park, herclitahtt binUy rclene6 to r the ptojeet. Iiueh expeMiturc a1W1 De la addition to art not In Ikv or ury otper dmUar project prevlemb approved art faMM OY tpe RS(YP16NT Out nol yN aaVrltred, coMrvclM or ImprorA 7. In tM aompietlov of tpe eaplul Imtwaammta at ]aek Ro.au Part, tim HHCIP181R mq eo-epente wMp spy mM orgadatlm, poWk or private, IoclWing, Out not IlmitN to. the Yourq Ynta Cnr4tian AaMatbn of Plveldal Ptral Coast, Ina., to tM Meal pmible under the term of tA4 Agreement, Ordwnee eeaee-]za w otper provlabm of law. Arg Wemlon oe d4pute epveerv4ig the proper eaperYlturc of the said sum (v accordarAa witp oNlemme tt-]SO-Mg art atptt rclerant laws atoll Oe d<tttmined py the CRT. Yd.- .-. ~_ .. DEPARTMENT OF RECREATION AND PUBLIC AFFAIRS Administrative Services Gator Bowl Sports Compk: Recreation & Parka n ~~/ Sports & Entertainment Commissan ,',1/.~/+ F• nay 17, 1989 Richard C. Pellows, Ci[y Manage[ City of Atlantic Beach P.O. Drawer 24 Atlantic Beach, PL 32233 Dear M[. Fellows: As you are aware Jacksonville City Councilman, Jim Jarboe, has approved the sum of one hundred fifty-five thousand dollars 15155,000) from current bond funds to be allocated to the municipality of Atlantic Beach for development of a regional park and capital improvements to Jack Russell Park. Enclosed you will find two (2) copies of an agreement between the City of Jacksonville and the City of Atlantic Beach allowing for this transfer of funds. Please review the enclosed agreement (with special attention to paragraph six (6), subsections a through f), have signed by the appropriate authority, and return both copies to us. We will return one copy upon signature by the mayor. Additionally, your finance officer should provide us with an invoice for this amount based on the above agreement. All Correspondence should be addressed to Daniel Weimer, Chief, Planning, Research and Gra nta, 851 N. Market Street, Jacksonville, PL 32202. I appreciate your interest in this matter and wish you much success on these projects. Should you have any questions, please call me at 630-3587, Cordial lye, Daniel Weimer, Chief Planning, Research snd C[an[s m~ I II'r °~0i AREA LADE 4W 16](4D595 I a5t N. tAARNET STREET / JaCK5ONVIL[E. FtDRIDA J2271~119a EEO Employer /Provider of Services PACE TFN ~~ MAY 8, 1989 NAME OF COMMiiS. M S V Y V N MXSm: Authorjxe tde tiiy Mager to ars,; ro tine police Cook ffiit+erda x x x ®ts fxaD naval Pa[d under state cmtract and pursue Ja~ea: x fins~cinq ac lensing of said ml,i..:m T l x n ~ x No discvasirn before the vote. 1l~e m~ti.on carried unaninnusly. rni:;F,..,: x There being m further business to come before the C®ission, the Mayor declared the meetug adjourned. Willimn I. O.rllifoxd Mayor/Pres's' ~ OfficQr AITFST: Mauxeerc Rug. City Cleric PAGE NINE MIINIES NAY 8, 1989 8. City Manager Reports: The City Manager presented each Crnmissiorer with a map of a portion Of Section N. He pointed out an area which had been proposed for use as a retaining pord but said this area may be unsuitable since it may at one time have been used as a landfill. The engineers would continue to test this area and in the event it was found to 6e unusable, the project manager had recamiendad using portions of Blocks 97 and 98 which is ourrd by the City. Ne asked Camussion authorization to proceed in that direction. 'ltie Coirtnission conc~n-ned, stating m other option seemed to be available. The City Manager also i:dicated in connection with the Section H project, several personal contacts would have to be made with property owners to acquire easements for drainage and paving, The engineers had re~umcnded, in view of the amount of time which would be required to work on these probleas, a project manager be appointed. Mr. Fellows pointed out forner Mayor }b ell had vast knwledge of the project and had contracted with the City to act as project manager. No abjection to this agreement was voiced by any Cormissioner. C~'e°irnes Jam r~ he had received a letter faun a resident complaining about lawn sprinklers which were being allowed to spriNCle on the street causing traffic hazazds by people trying to avoid the sprinklers. Caemissioner Jensen also asked that the subject of rezoning lots 41 - 60, North Atlantic Beach be an agenda item at the next meeting £or discussion as to how it relates to the City's Comprehensive Plan. Mayor Qall.ifoad repor6e~ the City's policy with regaads to police cars was for three officers to share each vehicle. The vehicles were being operated twenty-four haws per day and this is rot an econanical system. He said the City could acquiree nine oars which would be shared between two officers, allowing for sane shut-0otm time, a:d trading of cars every three years, which he felt would be a more efficient system for the City. The City Manager said nine cars were currently available on state contract. ;100,000 had been budgeted for public safety vehicles and it was his recomreldation the City lease the police cars over a three yeaz period and lease the fire equiEnent wer a five year period. It was the gereral consensus the City should proceed with plans to acquire the new cars and keep the tw best of the existing cazs, with the others to be sold at auction. NAGO: OF COMMAS. M S V Y Y N i PAGE EIGHT ~~ MAY 8, 1989 NAME OF COMMITS. M S V Y V N rezoned Cansercial General, Mr. Mabry mould be free to build other types of cvmercial ventures such as bars, etc., which would not only detract fran the residential nature of the area but could also contribute to the curzent dzvg problems. Thebra Griffin, 1920 George Street, said she hoped Mr. Mabry would r'enianbei that the azea was home to those speaking against the ord;.un,v; they had lived there for many yeazs and were raising their children in an area already scarred by drugs. She also hoped Mr. Mabry would not build low-incare housing which would contribute to the problems in the area. Mark Rredell, 1855 Beach Avenue, said he also owned property in the vicinity a:d felt his property would be devalued by this proposed rezonvxl. Others speaking against the rezoning were Den Waite, 93 George i j Street, Mack Stanford, 1860 George Street; Sam Waters, owner of 22 duplex lots. Lb6ert Lawrence 335 Dudley Street; and Ebosevelt Cooper. Fort Caroline Load. Since ro one else wished to speak for or against the ord;.,a.,~, the Mayor declared the public heazing closed. N k o x x F3erds x x Jensen x lkrtim: Appco~ p+~.~~,. of 02dinarxx• No. 90-89-143 ~ I x [i0 further discussion. The motion was imw^;m~.,~ly defeated. Q L_r'^rd ~ x I 7. !~1]aneoro Busir~esa• . A-~~ appropriate 11,500 f~ a a®6erahip fee in tM '~~*: ~~• arganiuatim in support of the i A*7TnFin gam. Ntiat>fS H.•~i,.. OJmmttee act3vlty The City Manager reported Barbaza Mason, Regional Director for the Keep )merits Beautiful program. along with Miss Ethridge of the Keep Jacksonville Beautiful progzmo, had made a presentation to the Beautifi.cati.on Ornmittee at its last meeting. The Beautification Oommittee has asked for the support of the Commission y appropriating 11,500 for membership fee in the Association. N e also stated the Atlantic Beach Beautification ConmittEe wished to remain ;.w~..io^t of the Keep 7vrerita Beautiful Association but hoped to learn as much as possible frvn them. The Mayor briefly outlined some of the programs of the Keep America ~ Beautiful group and said he felt this maibership would be advantageous to Atlantic Beach. i Motion: Antliorize t;.~;,.. ~ City of ~ ~ ~ x Atlartic B : in the Reepii .+; ,.ic ; x organiratim at a oast of ;1,500. Jensen x No further discussion. The motion carried uranimouslY• 11irJmer GLlliford x ~ x x YfY..[. SLV[1Y !tR]II1F_S MAY 8, 1989 NAME ~ COMMITS. M S V Y Y N Ndc x lbtirn: Approve passage of [Irrl;,u,vo ND. 90-89-142 m first @~ards x x wading aId set for public hearing m .Aare 26, 1989 Ja~sm x x 15rJmr x tao discussion before the mote. The notion carried „~animm,=ly. Oulliford x B. OImIlNtil' ID. 90-89-141 -Public Hearing AN OImII711MCE AMk2DING THE OIDINAMQ: 0006 OF 186 CP1Y OP A1IANCIC B6AC8, PIDRIDA4; AM@DIlYG Q1P1ER 24, AIa1C1E III, DIVISIQi 7, 51'LTIQi 24-157 (al ~.ISBII4G A !LIDO POt MPA4>1tIiC BII(8P OP FENS A[D YA1dS; AtD PIDVIDII4G AN PYPH.'PIVE Op'{8. Mayor Gulliford presented in full, in writing, Ord;.,a.~ No. 90-89-141 on second and final reading. Said Ordinance was posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited mnnents fran the audience. Kathleen Russell, 2117 Beach Avenue, stated this natter had been discussed by both the Cmm~ission and the Camunity Development Boazd for some time and urged passage of the Ordinance. She said fences were being erected which were much higher than permitted, and a rrore definite method of es ablishing height was urgently needed. since ro one else wished to speak for or against the Ordinance, the Mayor declazed the public hearing closed. Motion: Appro~re ~~ ~T of n~;~^~ No. 90-89-141 on fu+al ~', reading Caok x z Edwards x It was pointed out fences mould be measured fran the gro>ud up, and Ja~sa~ x x mould be measured fran the side with the lowest elevation. No 'Aiirer z further discussion. The motion carried +,..a.,;.,,.~,~ly. Ciilliiford x C. CYDIIa1ti7: ID. 90-69-143 -Public Halrinq ', AN O[DI148~ AMF2DI!>G TBE OID72WiE ~.E Q iffi C11Y OF AIIAMISC ~. Brll®, Pf[7RID4; lME2DIl1G ~ 24, 78e 1{R ZDII1G O1DIIii1[~ AND IAtD D6YII~1Hff ~ 8Y A10Dm4G 1~ OFFICIAL 80Mlliri MAP 10 R69DZL+ LND OIII~D BY S'~BH4 H. MAC AND DES Lq 00iffiTT 'A' AT17Y® ~L10 Fla! E[LSIIH7PIAL (;$HW. (HG21 10 ', Q'>4+HCIAi. G6N6RAL (CG); AID PIOVIDIliG AM PFPiRR1V6 Rri1E Mayor Gulliford presented in full, in writing, Ordinance No. ~. 90-89-143 on second and final reading. Said Ordinarvw was posted ~, in accordance with Charter requizanents. The Mayor opened the floor for a public hearing and invited mnoents from the audience. Willie Miley, 1990 Park Street, said this area was the subject of ~~~ eazlier discussion regazdirg drug activity. The residents were opposed to any ki+d of mmercial venture in that area, wishing ', instead to retain the residential status of the azea. Stephen Mabry, owner of the subject property said he hoped to build a '~. ce`mezcial building to he leased to the Navy for supplies. Concern ' was expressed by Mr. Miley and others that if the property was MINUTES MAY 8, 1989 NAME OF COMMAS. M S V Y V N B. Actin m a letter fr® Tester Gtiffis, City Manager of Taclr~sri ll° liearh, iidicntiiq the Qssmity Affairs C~ittee of tM City of Jadtsaiville liead~ has asked the three 6earli as~ities bo split the cost of ;3,000 for the use of the Plaq Pavilim in oarectim rith the Maritime t]diibitim to 6e held Augmt 11, 12, aid 13 1fie City Attorney explained this mould fall within the 7trurist Developoutt Authority Tax administered by the 'ltxirist and Convention Bureau in Jacksonville. Sane oagern was expressed that it appeared Atlantic Beach would be paying for Jacksonville Beach to use its own facility. After brief discussirn it was the general crosensus einugh infonretion had not been provided about the fortT`oaniig event for the Comnissim to make a decisim at this tore. The city Manager was requested to contact Mr. (7iffis to deterndne what municipal purpose mould be served for Atlantic Beach. C. Actin by the City Omission m a proposal by Mayor Mi.llia .~_**+~*~ m appoint Hd. Martin as a Qea6er of the Cade lit Board Mayor Oalliford reported a vacancy existed m the Code Fhforea~ent Board as a result of the appointment of Iron Della Ibrta to the Pension Board and mninated Ed Martin to fill the vacancy. Cook x Motim: Approve appoinf~it of 1'd Martin to the G~de Edwards x x lillEoro®ait board to caoplebe the uirexpired taro of Jeiuren I x Bon Della Ports Tlxirei x x Gullifozd x No discussim before the mote. ltie imtim carried unaninwsly. D. Plather diea~esictrra by the City Coa®ssim m Coamissimer Jemen•s report relative m the City Atborncy ~ Mayor (;ulliford iidicated sore information had been received fran Mr. Mullis, aid Cannissimer Jensen and the City Attorney had not had an oppordaiity to discuss this. Ile felt it mould be appropriate for them to discuss the matter and report back at the next meeting. 6. Actin m Csadinariees A. OIOII88~ MD. 90-89-142 -First pazrlirg AP A!®DIIG '~ O(OII8H9~ ~ OF 11£ CI1Y OP A17JV7CIC BBII[H, P7L1~1r AMP8IIR+ C8APIPR 24, Aia'3CIS III, DIVLSION 6, SH.R1a1 24-129, P'IJINfED OMIT (FOOT: BY F70VIDIlU Pi~110IQ 10 11$ 5318 i0;1lRAEMPIPP: AMD PlOVIDlI1G AB FFPBL•t3VB DA1E Mayor GUlliford presented in full, in writing, Ordinance No. 90-89-142 m first reading. PAGE FIVE MINDi'ES MAY B, 1989 G. Aclnnvledge agr+a®ent r+ith mmelly aid Wirioer u For bid aid inspectim servirES in oonnartio.i rith the exteneim of Roach Avenue North of 20th Street aid tM paving overlay of Stairdivant Avenue aid relatrd parkvg area adjacait to the Tau Col le~tnr's Office in Atlantic Beads H. Ac/awl.edge receipt of an appeal frm Mark J. Rredell appealing a decisim of the C1~ity Development Board m the denial of a variaroe for the development of a 50' x 50' ]pt at EighteEntll Street aid Beads Avenue aid setting a public tearing far May 22, 1989 I. Adonwledge agrom~t hetree<i the City aid mnrelly aid aIIrlcer' [3gineers for cnv;...,.ri.g and siaveyirg fees in oonnertim rith the City's amual Paving ProcRa for plena aid specifications for the paving of Jordan Street east of Frdreis Averse J. Aclonwledge receipt of a letter fza Pnader+sJc S. Aldridge, 1555 Selva Marina Drive r +~+ his mmarn m the dangers inherent in the use of jet skis in the Atlantic Ocean rear swi-~ areas R. Adonwledge receipt of minutca of Board of TYtlBtees for Atlantic Beadr Peirsim Iaid for amr;.~, held May 5, 1989. lbtim: Aplzwe ~~~.. of (Yataart Agenda No discussion before the mote. 'The action carried unanimously. 4. m®ittez Imports: None 5. Ney 9B1IIeaB A. Ctmissim dismission on a request by Greq Shmdc of the •~i~.w:.- Village Mobile Bus Park fa the lease of an acre of greed whidi was Fouerly need as the lnrat;.+. for the Buocaiieer Haste hater Tra~tmart Plant facility The City Managez reported Mz. Shenck had rquested lease of the property for use as a recreation area. Playgrand equipment mould l;e installed and could be used by all reighborhood children. The City Manager solicited the wisMS of the mmnissim. Matim: Authorize tle City Mana)er to sister irdn acge®it with Atlantic Village Mnhi to Na.e m a month m ffitth basis for lease of are aQe of lard Formerly tle site of a lluo[aeer Mates Mater TYeatment Plant facility, m oorditirn the lessee ~.;..tai..n adequate iieuranee for the ~*w+im of the city mditien No discussion Uefore the vote. The motion carried unanimously. V V NAME OF COMMES. M S Y N malt x H3srds x x Jeimeri x x T1x#et x Gullifoid x Oook x FdYaide ~ x x Jenaal x 2Yxirfs x z G1i1Lr*+~+i x PAGE Fl](m ~~ _.. MAY B, 1989 NAME OP COMMAS. M S V Y V N M?th Qrlliford said the city has an aggressive policy in dealing drug related activities and will continue in that manner. He said the city had recently established a Safe Neighborhood Task Fbzce and encwraged the audience to becrne involved and lea rn rays they mold protect theoeelVes and their reighborhmd. 1tielroa Griffin, 1920 George Street, said the residents were like prisoners in their hares. they are feazful for their children: ~ they are embarrassed to have friends visit their hares; they cannot walk in the streets; older people have to lack their hares when the sun goes down: even ~ry owned vehicles can be seen in the area buying drugs. Mayor C#rlliford scheduled a meeting for lbrday, May 15, 1989, at 7 30 : A7 at City Nail for the purpose of further discussions with the residents of the Irvin, Dudley and George Street areas relative to the drug problem. In the meantime he asked the City Attozney to i nvestigate airy alternatives the city may have with respect to ordrnanoes, and requested the City Manager to ern ile a li t f p s o all vacant properties in the erne. He plans to write to these people and request that they have these properties cleared. If property owners do not cooperate the city could clear the lard and place liens m pzoperty. 3. O.'areact Asada A• ~ ledgeledge receipt of a mpl. of a potion of the draft of the ~iag~t ~mesvation H1eve.t of the City's ~pceha.sive Plan indicating the desirability of decza3sing . daisity almg sfvreliro Bites B• Arlusai]edge receipt of a tract on inroirative lard use pr opoeals paepared in m.w•rt.~, rith the alrlual wea+;.~ of ffi r Institute of Minicipal Law orfi.~.s C. Acluarledge zeeeipt of a pnpPr on rnicipel irn~s~ts paepered in mrr+r+:.., with the x»r;,..~r Imstitube of Mmicipal Ian Offices ). Aduwledge receipt of, sd accept rlth regret, the letter of ~;;~f;~ of Anald Pella ]vrta as a satyr of the Arin..t;,. Beady C1xle tit Board i. Adasrrledge letter frQ• f~lffi J. Parks Jr. requesting ad7usts®t of rater and se~~ bill ~• Adantledge receipt of a letter of appreciatia~ fr® Bonnard B l o dstad, Station of the Asn3ican Aed Cross, on the ful -~r~*;^~ of tJrir find ~;YIM rival c PAGE 1tIREE MINUI'FS MAY 8, 1989 obscuring traffic vision in that area. Mayor GUlliford informed the audience of the recently fornied Beautification Camnittce. He said a meeting of that crnmittee had been scheduled for ltwrsday right and invited participation from the audience. Marcy Ashby, 133 Pine Street, addressed the Cbnenission relative to the recent increase in charges for garbage service and particularly ho.~ it affected single and retired citizens. She suggested the city consider reducing service to two or three days a week. In response to Ms. Ashby's ccmrents, Mayor (#illiford informed the audience of the City's Solid Waste and Recycling Crnmittee. He said the rate increase had been necessary as a result of overall costs ard were crngaarable to other communities which provide less frequent pickup service. He said the idea of charging by volume had been discussed by the solid waste c<mnittee atd he invited anyone who was interested to volunteer to serve on this or any other city cronmittee. Clyde wade, 93 Lewis Street, reported a serious problem with drug traffic existed in the ceorge, Dudley, and Iewis Street area. He reported drug dealers were heavily aimed and carried portable radios and had little regard for human life. He said the police have been doing all they can in the area but the drug problem persists. Mayor GUlliford said he had recently a~nied the police on patrol and had visited that azea several times and he was well acquainted with the problem. Chief 1ha~son said at least fifty drug related arrests had been made in that area in the last few months. Owners of vacant lots had beer asked to clear these lots which aze being used as cover for drug dealers. Some progress had been rated and tt~ Code Enforcerent Hoazd was working to ensure additional lots were cleared. The Chief said the drug dealers were well known to the police. Many had long arrest records but, unfortunately, the criminal justice system repeatedly releases these people arcl they continue to be a problen. Rev. Frank Ellis, Pastor of Canmulity Baptist Church, 84 Lewis Street, said he had watched fran his office wiidow while drug deals took place a}d had called the police many times and enceuraged his neighbors to do the same. Rev. Webb, Pastor of another local church, said he had witnessed similaz occurrences. Mack Stanford, 1860 George Street, said drug activity continues throughout the night. He said these people do rot live in Atlantic Beach acd asked if it world be possible to adopt legislation that mould prohibit people who had lien arrested on drug charges fran entering the city. NAF~ OF CON7.IR.S. M S V Y V N f ~~ NAY 8, 1989 NAME OF COMMAS. M S V Y V N operated at least 200 feet off the beach. Phil Petley, 380 19th Street said he had also observed hazazdous wniitions involving jet skis. The Police Chief said life guards will be on the beach on wt~FOrN effective this weekend, aid daily beginning in June, and would advise the jet skiers of regulations. '1t~e police department can then wntact the Marire Patrol if problas azise. Cheryl Seatnn, 2250 Beachccni6er 'lYail, said the beach aid ocean should be for the use of all citizens and preferential treatment should rot be given to swimmers to the degree it would endanger the lives of the jet skiers if they were required to stay further off stare. Sam ideas were suggested such as limiting the areas for launch and hours of operation and the Mayor requested the City Manager and Police Chief to review the City's OrA+~~ and recamr,~d regulations which would be fair tv all. :• f r f f f • f • • f 1Lcth Gregg, 905 Sailfish Drive, said large numbers of grocery carts were being abandoned tttrnttgttout the city causing unsightly conditions. Ms. Gregg also cvnoented on trash which was not being picked up on schedule and the City Manager was asked to check into these complaints. t 1 f f i f ! f f f t Y Y Matt Roland, 220 12th Street, addressed the Camdssion relative to speeding on Ocean Boulevard. Fie said a da crorrlition exists for duldrrs Playing near the street. Be requested the azea be reviewed with a view to erecting additional stop signs. Sandy Bell, 1175 Fast Coast Drive said speeding was also a problem on Fast Coast Drive. Chief Thanpson reported the police department had just cmpleted a study of traffic on the south end of Fast Coast Drive aId had recgs~ded against additiorval stop signs. Fie said very few vehicles were fiaad to be exceeding the speed limit by more than five miles per tour. lbwever, the rorth end of the beach had not bePSf included in their study. Frances Inckerlnan, 1140 Ocean Boulevard and Lail Cooper, 1178 Ocean Boulevard, said they toad also observed problems with spceding. Mayor (Llliford asked the City Managaz and chief 'ltcrnpson to review the situation and reFart back at the next meeting. t f • • • • : • • f • f f Ms. San Barnette, 1841 Selva Marina Drive imuired how much longer the oanstxuction would wntinue on the lift station on Selva Marina Drive. Sine indicated the penis had been rwmuy wntinuously for a month. Public Services Director Ford indicated the project would 6e coapleted in approximately ore week. Ms. Barnette also asked that the shrubbery aravd the lift station he trimred as it was NIM/1f5 aF TF~ AEIIAAR MPSPDIG OF 1tE AIIANPIC HFI1C9 CITY Q14- MLSSION IffiD AT CITY HAIL Ql !WY 8, 1989, AT 7:15 A4 PRFSENf: William I. (]illiford, Jr., Mayor/Conmissiorer Robert B. Cook, Sr. Glenr. A. Fd ards Alan C. Jensen, and Adelaide R. Tucker, Conmissiorers AND: Richazd C. Fellows, City Manager Claude L. Mullis, City Attorney Maureen Ring, City Clerk The meeting was called to order by Mayor Gulliford. The invocation, offered by Cannissiorer Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the ..x,.,tar aEet:.x, of April 24 1989. MDtlOil: Apprpue mimrts.a of the regular mAptlM of April 24, 1989 :ao discussion before the vote, the motion carried unanimously. 2. Recognition of visitors Dan Rice of Mahorey Adams Milam Surface b Grimsley, P.A., reported relative to prenuum [ax monies amounting to approximately $47,000 which had been held by the Depaztment of Insurance. Mr. Rice said his firm had addressed such subjects as definition of salazy, naming of beneficiaries, raiwing the 608 cap on firel average mnpensation, providing a provision to refund contributions when employees left city erploynent and also the line-of-duty berefits the Department of Insurance required upon enQloynent of public safety officers. The city's Fension Ordinance had been changed to address these matters. The Department of Insurance had sought to impose the same restrictions on plans which had been adopted by municipalities by ord;.+a.+ro and which include all employees, as world apply to plans which include only public safety officers and which are forded solely by Prt~iums and enplpyee contributions. His firm had requested a formal hearing with the Department of P[3ninistrative Heazings. Ebwever, the Florida league of Cities had represented several cities on similaz matters aid Mahoney Adams decided to await the result of those heariigs. The outcnre had been in favor of the cities and the D=_partnent of Insurance had issued a check for $47,000. 1hi.s amo~mit, however, did rot include any interest for the time the money had been withheld. George Grandy, 135 13th Street, expressed oonoern relative to the recent powlazity of jet skis and asked what restrictions were in fo: ce t~ regulate their use. The City Manager said that city ordinances provide boats and other motorized apparatuses aze to be ME OF COMMAS. 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 Q~alr x E3ierds x x Jatva~ x 11x•Joer x x nnllr.,..a x ~- `~_,. STATUS REPORT... page 3 In following up on Mrs. Barne[te's complaints about [he pump noise at the Se lva Marina pump station, I have been asscred [he work [here will be complete in about IO more days. We'll stay on [op of it and make sure they finish up. We are enclosing copies of [he minutes of the Awards Committee relative [o [he evaluation of auditors for the upcoming fiscal year. As the minutes indicate the Committee is recommending Purvis Cray of Gainesville as the number one choice and we have invited them [o appear at the Ci[y Commission meeting Monday night [o be interviewed and see if a reasonable price for [he audit can be es[abllshed. This works in a similar manner Co [he Consultants Compe [i rive Negotiation Act. I[ is my understanding that each of you have received, under separate cover, a copy of a legal opinion from Mr. Mullis relative to the powers and duties of the Mayor and City Manager. If [here is any question, Mr. Mullis will he prepared [o speak to it. We are enclosing three Ordinances for your consideration. One is an Ordinance to adopt by reference the Southern Standard Mousing Code which is required under the terms of our Community Development Block Grant partlc ipa[ion with the City of Jacksonville. The second is a housekeeping Ordinance to incorporate language regarding our Building Code from an Ordinance adopted by the CS[y Commission bark in 1977 but never put into our Code when if. was codified. The last is a Nuisance Board Ordinance and is being prepared by our City Attorney. All of these Ordinances will be up for first reading and setting of a public hearing for June 12, 1989. Enclosed you will find a number of Budget Adjustments which are self-explanatory. Lr..- .c S ~•..- k le' . rn -... . . STATUS REPORT. ..page 2 Last August Andy May appeared before the CC[y Commission io discuss low pressure and inadequate distribution of chlorine in the Buccaneer Wa Cer System. One of [he problems has been resolved with the improvements authorized 6y the Ci[y Commission for new chlorination facilities including [he use oC one [on cylinders instead of [he ISO 16. bottles. The problems of low pressure remain however, and these have been exacerbated by the connection of [he Oak Harbor facility. At the time Andy spoke with the Commission last August, he suggested the need for computer modeling of [he hydraulics in [he Buccaneer system [o determine the most cost-effective wafer main improvements which should be made [o correct [his problem. With chat proposal in mind, Division Chief McNally included in his budge[ sufficient funds co undertake Chis network study. Gee S Jenson has given us a proposed cos[ of 513,000 and can include this work under their existing contract for eater plant and water main improvements. If the Commission is agreeable, all chat needs to be done 1s [o authorize execution of an addendum to the existing agreement with Gee 5 Jenson and the work can be undertaken. We are enclosing a copy of [he Sun Bank's report of the status of the Pension Fund through April 28, 1989. We are sending along another copy of the appeal filed by Mark Kredell. This will be up for hearing before the Ci[y Commission Monday night and Mr. Kredell has been notified. Attached m the appeal is the copy of our Code setting forth how appeals from the Community Development Board are handled. We axe also including the minutes of the Community Development Board meeting so the Commission can have some background material relative io the discussions that went on regarding this application. Some letters of protest on this are included. At the last meeting, Commissioner Jensen asked that [he subject of rezoning Lots 41-60 North Atlantic Beach be an agenda item for discussion as [o how it relates co the City's Comprehensive Plan. For your information we are enclosing herewith, annther copy of the section of [he Coastal Management Conservation Element that speaks to [he ma I[ez along with a copy of the Ordinance which was denied at the meeting of April 24, 1989. Ii is my understanding Chief Thompson has asked a representative of the Kawasaki jet ski firm to be ai our meeting Monday nigh[ to discuss jet skis, their operation and features. With this background and [he Chief's comments the Commission may be able co draw some conclusions as to the types of legislation which may be required, if any. An on-site evaluation has been made by [he Police Department rela- trve co the questions raised ac the lase meeting about extensive, unlawful speeding on Ocean Boulevard and East Coast Drive north of IOth Street Chief Thompson will be available io make a report. s.._ ,.. CITY OF s~tla+rt~e $'eaelr - ~losida Hay 18, 1989 M E M O R A N D D M TO: The Honorable Mayor and Ci[y Commissioners FROM: Cicy Manager SUBJECT: STATUS REPORT nsocenx BOULevABD P. O-BOX 25 ATLAFiTIC BEACH. FLORD)A 3YL9a TELEPHONE 19011 R19Pa96 Enclosed please find minutes of the regular meeting of May 8, 1989 and any material from your mailbox vhicF you have no[ already picked up. Hayer Gulliford is naming a committee composed of Dolt ie Kerber, ;faureen King, Ron Della Porta and Co®issioner Tucker to review and evaluate resumes for [he position of City Manager. We have received a proposed agreement between the Ci[y of Atlantic Beach and [he City of Jacksonville for the 5155,000 chat ve anticipated for capital improvements in Atlantic Beach. One hundred and twenty five thousand dollars is for purchase of additional land for [he Atlantic Beach Regional Park and 530,000 is for the Y.M.C.A. building proposed Co be built and located in Russell Park. This will be an agenda item Monday night auchozizing the Hayor and Cicy Clerk co execute. We are enclosing copies of Resolution 89-23 and 89-24 relative [o our participation in [he Firs[ Municipal Loan Council in the amount of 5800,000 for construction of the new Cicy Hall. Cicy Attorney Claude Mullis will be able to explain to the City Commission the reasons for the Resolutions. The Sea Turtle is having a Hobie Cat regatta June 10 and 11 on Che beach in fzonc of the Sea Turtle and have requested permission for temporary access Co the beach by the cars pulling the Nobie Cat [tai lets. They have assured me the cars will be used simply Co pull the trailers onto the beach, unhook, and the cars will [hen be removed from the beach. The Sea Turtle will probably be <ontac[ing the Poli<e Department for an off duty Police Officer co handle the traffic in regards to [his proposed even[. If there are no objections, ve plan [o honor their request. See ent losed letter. a.._ B. Ordinance l25-89-22 introduction and flrst reeding of an Ordinance amending [he Ordinance Code of [he City of AClan[SC ' Beach; amend L,g Chapter 6 to adopt the Southern S[audard Building Code current edition with revlslons and setting a j public hearing for June 12, 1989 C. Ordinance /45-89-40 introduction and fi rat teading of an Ordinance establishing a Public Nuisance Control Board and setting a public hearing for June 12, 1989 i D. Ordinance t80-89-41 introduction and first reading of an i Ordlnance amending Ordinance /80-88-1J relating to [he Oak Harbor Haler and Sever Dis[ritt to provide for remarke[Sng of the bonds and setting a public hearing for June l2, 1989 8. Miecellaneoua Ruafueae: ~ 9. City Manager Reports: 10. Mayor Go call oa City Co~isaionere, Ci[y Attorney, City'Clerk for ' reports and/or requests Adjournment i~-. ,~,o ~.~. _,_._.,,:,_ J. Approval of Budget Resolution t89-29 for repairs to Che hand napped dune access ramp due to storm damage K. Approval of Budget Resolution t89-30 for [he purchase of electronic time clacks for Ci[y Nall and the Public Safety Building L. Approval of Budge[ Resolution t89-31 [o provide funds for an assistant park director for summer work at Donner Park 4. Committee Reports: A. Commissioner Clenn Edward, Chairman of the Awards Committee, with [he recommendations of [he Committee relative to auditors for the upcoming fiscal year ' B. Commissioner Glenn Edwards, Chairman of Che Awards Committee, with a report and recommend=_tions relative to Che bids received for fire engines and fire equipment i C. Commissioner Clenn Edwards, Chairman of [he Awards Committee, vi[h a report and recommendations on bids received on used garbage trucks - 5. Old Business: - A. Fu rGl~er discussions Sn regards [o comments by d[izeus cn the safety aspects of jet skis 8. Further discussion on evaluations of speeding on the north portions of Ocean Boulevard and East Coast Drive north of 10th S[ree[ 6. Her Business: A. Discussion on [he adoption and approval of Resolutions 89-23 and 89-24 re latLve co the CI[y's participation in [he Firs[ Municipal Loan Council Sn [he amount of 5800,000 for Construction of a new City Hall e. Public hearing on an appeal filed by Hark Kredell from a decls ion of the Community Development Board denying him a variance fora substandard lot of record on [he southwest corner of 18th Street and Beach Avenue 7. Ac[iou w Ordiuaoces: A. Ordinance t25-89-21 introduction and first reading of an Ordinance amending [he Ordinance Code of the Ci[y of Atlantic Beach, Florida to adopt the Minimum Housing Code and setting a public hearing for June 12, 1989 „. CITY OP ATWNTIC BFACN RRCDLAA MEETING MONDAY, MAY 22, 1989 AGENDA Call [o Order Invocation and Pledge to [he Flag 1. Approval of the minutes of the regular meeting of May 8, 1989 2. Recognition of Visitors 3. Consent Agenda: A. Acknowledge formation of a search committee to review and evaluate resumes for the position of City Manager with members Dorothy Kerber, Maureen King, Ron Della Por[a, and Commissioner Adelaide Tucker e. Authority for Mayor and City Clerk co execute agreement with the City of Jacksonville authorizing the disbursement to Atlantic Beach of ;125,000 for the purchase of land fora regional park ~ and ;30,000 for capital improvements a[ Russell Park C. Authority for the Sea Turtle to utilize the beach in front of [he Sea Turtle on June 10 and 11 for a Nobi Cat Regatta ' D. Authority to undertake a computer modeling of the hydraulic system in the Buccaneer District at a cost of ;13,000 with Gee S Jenson to perform the work after execution by [he Mayor and City' Clerk of an addendum [o [heir existing contract for water improvements E. Acknowledge receipt of the Sun Bank report on [he status of [he Atlantic Beath Pension Fund through April 28; 1989 F. Approval of Budge[ Resolution P89-25 to provide necessary funds for [he hauling of sludge from [he Buccaneer Sewer Plant occasioned by la [e delivery of the CS Cy ovned disposal tank G. Approval of Budge[ Resolution F89-26 [o transfer funds previously approved by [he City Coomilssion from Public Works to the Police Department for [he acquisition of a pick-up truck obtained by [he Police in drug activities. H. Approval of Budge[ Resolution 89-27 to provide funds for liquidating a Jax Navy lien on a 1986 Ford van seized by the Atlantic Beach Police Department in drug operations. I. Approval of Budget Resolution 689-28 [o authorize [he recording in [he City's accounts of the loan issuance costs in connection with [he Gulf Breeze Loan Pool Section 2. The zoning rpulations pertaining to substandard lot^ of record, as set forth in See. 2~-93, Cods of Ordinances ere ssrnded to read o tollovx •Mhere • lot or parul of land has an aro or frontage rhich does not contor^ rith the requirewnts of the district in rhich it is located, but ras • lot of record an July 26, 1992, the lot or psrul of land ray be used for one siplrtully dwlling in any residential district, provided the riniaus yard requirerents for that rrsidentLl district are aaintalned, and provitled tMt the orner of said lot ha^ obtained relief through action of the Cosaunity Developaent Board.• x:. t' C " etion 3. This Ordinanu shall take affect issediately upon its final passage and adoption. PASSED by the City Corrission an first trading, this _____ daY of ______________, 1990. PASSED Dy the City Cosaission on sawnd and final reading, thi^ _____ daY of ______________. 1990. ATTESTx NAUREEN KING City Clerk VILLIAN I. GULLIFORD, JR. Mayor, Presiding Oftiorr Approved as to Corr and corrrctnnsx ____________________________ ALAN C. JENSEN, ESQUIRE City Attorney ~. z. z ORDINANCE 90-90-151 AN ORDINANCE AMEMDIM6 THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACN, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS CNANOIN6 UNDER SEC. 24-17 THE DIFINITIONS OF •SU83TAMOARD LOT OF RECORD• AND •TONNNOUSE', AMENDING UNDER SECTION 24-B3 TO PkOVIDE FOR ONLY ONE SINGLE F.IMILY DYELLING ON SUBSTANDARD LOTS OF RECORD, AND REOUIRINO ACTION BY THE COMMUNITY DEVELOPMENT BOARD, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED EY THE CITY CONNISSIOM OF THE CITY OF ATLANTIC BEACN, FLORIDA+ Section 1. The definitions of •subst•nd•rd lot of rewrd• and •tornhouu• •s wnt•Sned In Sec. 24-17, Codr of Ordlnsnus, are changed to re•6 •s follors+ •Subatandard Lot of Record scans that the owner of any such non-wntorsing lot of record is persltted to Duild on such lot, provided thr lot hu • ridtR of not less tMn fifty (501 feet snd • depth of not less then ane hundred (100> feet, rith a tot•1 lot area of not lras tA•n tier thouund <5, 000) squaw Serf. A non- confor•ing lot of record rhich Goes not sect all the above are• requi»•ent^ snail not be built on unless relleZ is obtained through action of the Cossunity Developsrnt Board. Any wsDlnation of lots resulting in • substandard lot of record shall W govrrned hereDy.• •Tornhousrs shall scan • group of fro or sore single-toily drellings separated by • span of not sore than one inch. Thr rall^ or party rail separating the drelling units of the torn horses shall extend to the rwt liv of the drelling snd shall Mve no openings therein. Each tornhova unit shall be wnstructM upon • separate lot snd serviced rlth separate utilities snd other tscilities and shall otherrise be independent of one another. Eaah tornhouw unit shall be • single (oily drelling unit.• 4f:_. CITY OF ATLANTIC BEACN CITY COMMISSION MEETING STAFF REPORT AGENDA ITENa Ordinance No. 90-90-131 R•Ltive to TorMouws end Substandard Lots of Record SUBMITTED BYa Rene' Angers. Coounlty Dwelopaent Coordinator DATE: May 1~. 3990 BACKOROUNDa There Ms bwn • substantial amount of contusion in tM put separding the prr sifted uses of substandsrd lots of record. In an eltort to alleviate Suture probleu, your Couunity pevelopsen! Board together rith the City Attorney prepared Ordinance No. 90-90-151. The ordinance claritirs that only one single Sasily duelling can be constructed on • substandard lat of record and that tM cosbination of substandard lots of record which ruult in • substandsrd lot are also governed as substudard lots. The ordinanu rpuires that ell orners of substandard lots of record obtain relict trm the Coounity Developsent Board prior to oonstruction. The deilnltion of Tornhouses is slso clsriiied by cMnging St's plural vuge to singular. RECOMNENDATIONa Coseunity Developaent Board recossends St's passspe. ATTACNNEMTSa Ordinance No`a./9-0-/90/-/151/ ~//5/(/ REVIEMED BY CITY MANAGER:__(~__/!/-ia4~~~'~1e'~--- SLl .,._ S~~PI~N ~~ c~,~t~ /l"b~cn d7 /9~9 C.~/Q1 ~~e f~-'O~/fy QG(J4X~/`S Q.UO' /-eS~dP.~r Gtv ~h~,~ ~, Boa ~ 9PogP ~; ~Pw,s s~ ~ud/eJ s~ Q.tt~ 5urraa,t.c+~..~p,vP.9~i~v,/~~/ ~ tio~ o6Je~f r ~.~ ~-oPp, j a ~ CYYILUi~~ ra~~1 c~IIr~//~a~i~ ~ be,.~y re~3a,~e~ rrlJM /<G o~ ~O ~ ~Cow,~P~s ~ ~~ .~fS~ ~? ~~f ~ 9 3 ~~q ~ ~t ~~,,--~~ , h p6 J%7~ gw -sus ~,,"s "7 (CUJ l~7te y'-1 t4vK4 1(G~ /11[I y,U•t /So~V ~ltprra/Ct ~,~ ~ ,~~-c-. ~~~ /"I:~--. S -(c_C~~ c sec/ .!~~'~~• \t'! .~j,t/GC.li /11. ~K ` :-sue 5 ~° C~GCttc3C. ~~Gt . ~ o-+~. C id 1~ `~' a LRxut~O ~.~~i „/i/ ~//Mb ,}(ayawt~ ~r T~j~ 07~ ew-frr?r.C. =~ y .,~ a-. l ; F „ ~r I ~ u ' n.., ~.... T• I N ......... ~ ~ 1 1 ~ i i' (V 1 H--, 1 ~-~-1~-~-- ~ i 1 1 i` i :~ ~ r. __ .-.. ~ __ ~i \ ~~ h . I ~ _ ~ 7 -- - U r~ ~iMM~~ -y Jy / ~~.- 7 - - - _. ___ ~ ~~ 1~~F~ / . - - . rr---'- -~ ~{ ~FY ~ i j ~ I •~. L~J j ~ i J ,----r ~-.. ~, 1 I .. ~ _ L - - ~ r ~ ~-~-`~-'--`-- 1=`-~ ~. c' .. EXIIiD1T "A^ PARCEL la TIIE EAST 1/2SECTI0NE17o LT0WN SICr11 PE 2CR80OUYIIPROR~NGEt 29 PART OF GOVENHENT LOT ), EAST ANU UF.SCItIOEU AS CONHENCING AT TIIE NORTIIH EST CORNER VF SAlU ' LVT J, ANU IIU [INING ON tlOit'1'II LINE T11 EltE0F EAST A DISTANCE OF 420 FEETS TIIENCE SOU TII 210 'FEET; TIIENCB HEST 420 FEET TO TIIE WEST I L1NE OF SAIU LOT 3, ANU TIIENCE NORTII ALONG TIIE SANE TO TIIE PLACE 400 FEETNI'IEIt F,0FExC0NVEYEU TOEUUVALH COUNTYRTBY25DEEUP D00KIIE1105T PACE 11. EXCEPT CART 1N CIIURCII STREET, GEORGE 6TREET AND ALLEY TO,60UT11 OF SUDJECT LANUS. PARCEL 21 TIIE WEST 1/2 OF TIIE FOLLOWING DESCRIB FAD PROPERTYt- A PART OF GOVERMENT. LOT 3r SECTION 17, T0WNSIIIP j $~0UT11, RANCC 29 EAST AND DESC RIO F.D A$ COHMENCINC AT-TIIE NORTIIWESt CORNER' OF SAlU LOT ), ACID RUNN1tIG ON NORTII LINE TIIEREOF EAST A DISTANCEOF 420 FEETS TIIENCE SOU TII 210~FEE'f; TIIENCE WEST 420 ..FEET TO TII E. HE5T LINE CF SA3D LOT 1, ANU TIIENCE NORTIi ALONG TIIE SAME TO TIIE .PLACE :~ OF BECItINING, EXCEPTIONTIIEREFIIOH THE NORTII 25 FEET OF TIIE WEST .•, 400 FEET 7'IIERE0F, CONVEYED TO UUVAL COUNTY by DEED UOOR 1105,. PAGE 11. EXCEPT FART IN ,CIIURCII STREET, GEORGE STREET AND ALLEY TO SOUTII OF SUDJECT LANUS. ~ ~ ~~~ i ~~ /~ ORDINANCE NO. 90-89-143 I`// AN ORDINANCE ANENDT_NG THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND OWNED BY STEPHEN N. MABRY AND DESCRIBED ON E%HIBIT •A• ATTACHED HERETO FROM RESIDENTIAL GENERAL (RG2) TO COMMERCIAL GENERAL (CG>; AND PROVIDING AN EFFECTIVE DATE. ~. F WHEREAS, The Comwuniiy Development Board of the City of Atlantic Beach has considered a request to change a zoning claesif Sestion auhnitted by Stephen N. Mabry, and held a pu611e hearing on ease on March 21, 1389, and WHEREAS, The City Cowwiesion does exercise its porere to amend the Land Development Code, including the Official Zoning Map, in order to encourage the appropriate use of land, and WHEREAS, The rezoning is consistent with the Comprehensive Plan, and the rezoning rill not adversely effect the health and safety of the residents of the erect, and rill not De detrimental to the natural environment or to the use or development of the adjacent properties in the general neighborhood, NOM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section i. The Official Zoning Map of the City of Atlantic Beach Se hereby changed to reflect the ner zoning of property described as shorn on Exhibit •A• from Residential General (RG-2) to Commercial General (CG ). Section 2. This ordinance shall become effective immediately upon its adoption. Paaaed by the City Comwiaeion on first reading_Y.artF 271?R9 Paaaed by the City Commission on 2nd and final reading Approved ae to Form and Correctness: William Z. Gu111ford, Jr., Mayor, Preaf ding Officer Claude L. Mullis, City Attorney (SEAL) ATTEST: ___________________ ____ Maureen Ming, CSty ClPr b. G L. . t1a u!.L: ..l puLL~ .. l..t, y) .L 1i_Li .L A. ~La tic Lu ~1 L, C., iLLc _«ytl.,.. L., cl.. ate ~-yu 1. ut~ ..1 LLe~ yl...nnc.l ur:a~ ' y.. '.L i. ..4•y v'f. ul vil 1 L~ .1.~.. i.l: •ts4 ot. L1.. -!. ..MW w uL1.,_ .._ .. ~: L: ....L uu..l. ~ Dc .vl..li. a lla o-a La.::. _. TL._ :. di ...... ... : .... 1 L,.6~ 11._.. t. ul...+ . at.. ..:..,faun.. Pu__--.~ Li lL~- GLi :~,a„n.i.._i..., ... li. :.L .~~..diey __.__ .____________ i J L-i tl Ca Sy G:o.e,a..:.~.v, .. ~.nd ut:1 iil.ul .~udiuy ~ 'Aalll~n: I_..Gul: ilor d, J.. ___.____. __ Y.,yor, I'a ve.idl..y Uliu.u I -.1 ~_ l.. f'.... ,: w:d ;~,+.... Lug , :: l..ud~ L. t1u1 L.., .al, Atl~~. ..ry (_EAL> ATTC_'T: :,~u.«o I:i.:v. Car, L.u i. G: CIIAPTf'.fi C4 ~O:iItlO AIIP SUL'G 1'l :57011 REGU LAT10tL: :.ia'i CLif 711, C:UtIItIG Ahll LU!:bIVI:a^N ItEGULATl OtI_ D1VL~I OY. G, PLANNED UNIT UE'/ELOI'MENT (PUI)) _~c. ~~-1d9. I'e. :.~i tt~-d u.-i.. ,.uJ -.i tv rrV Uit omen t... .v. Pet r.~itt~-~1 .... .,. Any u_.~ vl.ich i., y~a'mi tt~~d w I.e~rml_~iLly L, u..~._.yt aur. 1.: J`J1_trlct re , L.~ inol udrd ir. ,. yl..nuud unit ...- ..-l op mvnt. !L> L.1 tr .vy~.a.vrn~+n t.-. tlir.ieru:n _i to ~. ea a..-yvi[rtl iu - yl..nned wut Jvv~-lopmr r.t i:: _nvru t?) ,.~. ~_. c) Ezupti., r. to _itr ..-yuia ~-n.rnts In wdei tc 4romo to- J-, velopmeut In r_-r.,Jl tlvt- ud yuull ty Conti ullv[1 annrr ut 1., Jr n.,i t_J lu-vele, 'tlyc~ l'1l'y Cunan a:...uu rwy ytant :ceyt wn L., tl.r ::.ir.i mum .~i to ~yuia'vrner. L. vhrn the Jev. lopar ca..cdemw...t[ute tRut the Jrnuity vil L.. .-duce-d :.u L_tuut fully Lom LLa[ al lov.~d ..udea tl:v ent :.any of the y. oF,~: ty. TLS appl ia.~tion 1~.. ~-y UCr. t:, tl.ru`ltu- vyuaierm-nta. vl .. P1..r.r.cJ u it Jevel..l.nua.t ~hul l'iucl uJr lttr _;-iyr~ y:,,, lt7 :LanJ... J_ vL acL ..Jda e~c, tLc- lulluvi ny; 11 Lu1 Lliuy uJ uy...~~y tyyo-~~ 21 Lu•lyLt ul uullu„r. uct.. 31 Lu11J i~.y ut~. iul:- 4. uJ.. upiuy uJ .-t.:'-l~~n v. ~_e. v..t inn: i t h3UIIlAlLl: NC '!O ~i~li~ ,~.tl ~Ci 1CANCC ..It;:Yt~iat: Till: UItU 11lAtIC 1: ~-L'DE UI' :IIL- L1?"i Ul' .. ..dtIT1C CEACII, I'Li,i:'IC'~A; ' AMCIIC III'.; _IIAC'TLI. C4. :: k'I'1CLC 111, DI'J ::;I Cti ,,, -IGCTI CItI 14 1~'-, I'LAl1 t1 LL- lllli7 D EC'J L:LCI'^CIIT ll'UU!; ..' I'I:U'l1 F1fIG CL'C CI"1']ON l'U TIIC :.ITE IiG::UIkEML't1T; ACID PftG'/1 GItIG f.N i-I~PC:CTI'!t: hA7-I:. 1.1: 7T UItUA1tlEU C'.Y TNL CIl-Y CORM I5510^ Ui TIiF: C1 T1' i, l' ,,.i.ANTIC UEACII, PLUSiII~A _•_c4.,.. 1. ::L~f4a .A, A. ti~l~~ 111, Uivieic.. , _~-uLic.n ~4-12U i_ 1.-. ~~L: wi~.n.d~-d t~~ .~--..d .... 1..1iw=: ^eeclion 2. This ordinance shall take ¢ffect upon its adoption. Paaaed by the City Commission on first reading________________________ Passed by the CSty Commission on second and fSnal reading_____________ ~, William I. Gulliford, Jr. ' Mayor, Presiding Officer Appre~ed as to Form and Correctness: _______________________________ Clmude L. Ifulll e, Gity Attorney fSEAL> Maureen King, City Clerk r i Y }. s; CYC~ ~~ ~~ ,, ORDINANCE t10. 90-89-141 All ORDINANCE AMENDING THE ORDINANCE CODE OF THE CZTY OF ATLANTIC BEACH, FLORIDA; AM F.NDIH6 CIIAPTER 29, ARTICLE I7I, DIVISION 7, SH(:'I'1 ^N 24-157 fa) ESTABLI Sf1ING A METHUD FOR MEASURING HEIGHT OF FENCES AND WALLS; AND PROVIDING AN EFFECTIVE DATE. BE IT OkDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA Section 1. Chapter 24, Article III, Dlvieion 7, Section 24-157 (a) is hereby amended to read ea follors: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ' ARTICLE III, ZONING REGULATIONS DIVISION 7, SUPPLEMENTARY REGULATIONS Section 24-157. Fences, hedges and rolls; eaves end cornices. (a) No orner, occupant ar other pereen shall erect, Y.eep or ' maintain in existence any fence, rall or structure betreen th¢ front property line and the front building setback line exceeding four f4> feet 1n height at any given point. In the area betreen the Eront building setback line and the rear property line, no ' fence, or rail shall exceed six (6) feet in height at any given point. The height of fences end walls shall 6e measured from gra e a e op o t e once or va ere a once or va as erec a at ¢ ,June ion o proper es r vary ng a ova one, the he ght of a fence or ra Ss measured from the side vlth ' Mayor Iah Brsnt and ' Mambara oL the City Council May 1, 1989 page Thraa I do not now, nor have i aver, represented as a lavyar any individual or corporation located in Naptuna Saach or any porson or entity doing buslneas with the City. I limit my practice to governmental law and regulated water end sewer utilitiss. i do not perca iva of any conflict but if one arises from my rapreeantation as city attorney, I will immadintaly notify the city council. Your ary tru,-ley,, ~~ Claude L. Mullin City Attorney clx/aj cc: City Clerk Cv+une L Muuas. P. A s s ~:: .~= Mayor Iah Brent and Mambas of the Clty Council M[y 1, 1989 Page 4vo i! it develops that a lawyer hoe a conflict in a matter, the rights to a waiver belongs to th• client and not the lawyer. There must be conflicting interest between clients for a conflict to exist. A city attorney 1n hi^ repraeantntion must always consider the public interest in hie advice. Generally the public interest is the deciding factor by all government officials. Quito often the city attorney best eerves the public interest as a counsellor - not a confronter. By being a mediator - not a dictator. Generally a city off'_cial will have a conflict only when public interaet conflict with private interest. A city governing body (city council) la made up of individuals, and sometimes their individual viawpoint• differ. Tha city attorney must ascertain the interaet of the council ae a whole and exercise his professional judgment to serve that intoraet ptryy. Municipal law is constantly changing and specialization in it ie growing. Ther• are 27 city attorneys in th• 8tata of Florida raprasantinq multiple cities. Several law firma also represent multlp le cities. The national trend is even greater. Many states require continuing legal education annually in ethics and designated fields of law practice. Florida requires both. I was in Washington, D.C. with judges and city attorneys from throughout the United States and Canada discussing these very subjects lrom April 23-25, 1989. City attorneys are also subject to the "Coda of Ethics for Public Officers and Employees" by which the Legislature carried ovt the Constitutional mandate in Chapter 112{part 3) of the Florida Statute. Poremost among the goals of the Code is to promote th• public intoraet and maintain the respect of the people in their government. It also was intended to ensure that public officials conduct themselves indapendantly and impartially, not using their oltice !or private gain. The Florida Commission on Ethics distributes "Guide to the Sunshine Amendment and Coda of Ethics for Public officers and Employees, 1989". CinuDe L Muius, P. A ?fin; LAP OFFICES OF CLAUDE L MULLIS PROFESSIONAL ASSOCUTION 42$0 lAKE51DE DRIVE /SURE 114 )ACKSONVI LLE, FLORIDA 32210 CLAUDE L MULLR (904)388-1289 pnn ,~ May 1, 1989 Mayor Ish Brent and Members of the City Council City o! Neptune Basch Post Ot!!ce Sox N6700 Neptune Beach, F1orldn 32233 Gentleman: Some of you have expressed concern relating to certain published comments on my being city attorney of Atlantic Beach and Neptune Seach. I share your concern. I have been unable to ascertain any situation where my representation of both has created a conflict-of-interest as set forth in the Model Codes of Professional Responsibility either the National or Florida Code. Violation of either would subject a lawyer to disciplinary action. Neither dose such representation violate the "Code of Ethics for Public Olticers and Employees". Florida Disciplinary Rule 5-105(c) provides". .A lawyer may reo oesn mul imle li n s it it is obvious that he can adequately represent the interest of each and if each consents to the representation after full disclosure of thn possible •Yfect of such representation on the exercise of his independent protaesionnl judgment on behall of each." Municipal government denle with tY.e Cay-to-day problems and concerns of its citizens in a more personal level than any other form o! government, and because of this, the city attorney bears the additional responsibility of the public interest impact which each and every one of his decisions will have. i was appointed interim city attorney in November of 1987 in the midst of turmoil and controversy in connection with a shopping center. The Mayor of Atlantic Beach and Neptune Beach had reached an agreement on solving the sewer connection to the shopping canter by allowing the shopping center to connect to the Atlantic Beach system. The rates and charges were those prescribed by ordinance. Every part oP the agreement was approved by each governing body and after public hearing. All the city attorney did was reduce to writing what the parties had negotiated and I prepared inter-local agreement accordingly and pursuant to Plorida Law. F la I___. o O ~~ ~;~' ;~ ~~', c ~- c-+~., H, ~,,, ,% ~' ;' .~ ,,, ~ -. AMA -~R~ ~- -•- ~~ 2 ~ I 1 I L ~~__ F '~ a _ ~ a' N ~o, a ~i .. ~ .> a ,o -~~ -r ~~ nl~ , 2 Q a o' ~ ~ ,> I NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... ir--~- ii~ii \L__JI ~~~i t policies and also discuss the pool cash attount and whether or no[ we wish to make any further deposits into [he Sun Bank Management Fund. The Chairman thanked Mr. Callaway and [he Sun Bank represen[at ives for being present. Trustee Archer [hen brought Co the attention of [he Board at a recent election held by po litemen and firemen a maj orlty of [hose voting had voted [o recommend a second Board of Trustees be created co administer pension benefits for policemen and firemen. Trustee Archer pointed out [hey did no[ wish [o aepara [e the funds but simply to have a separate Board who would make retommenda[Sons [o the City Commission relative [o benefits for policemen and firemen. Ne also said Che group voting had agreed [o request that [he Premium Tax Monies coming to [he Ci[y for police and fire retirement benefits be u[I11zed to buy "extra benefits" over and above those furnished a[ the present time. Considerable discussion ensued relative to Chia request and it vas finally agreed [hat Trustee Archer would provide [he Board with a new petition signed by Che policemen and firemen requesting these changes and this matter would be brought up for further discussion at the workshop on June l9. The Chairman also asked that this matter be reviewed with the City Attorney. Trustee Archer mentioned the Board should give some though[ [o perhaps having an attorney for the Board of Trustees who Ss skilled Sn pension matters. This will be discussed. The Chairman then noting there were no further discussions to come before the Board reminded Board members of the workshop for Monday, June 19, 1989 at 7 P. M. and adjourned the meeting a[ 8:50 P. M. Richard White, Chairman Richard C. Fellows, Secretary r in connection with [he Atlantic Beach Pension Funds which [hey are Snves[ing as the Pension Funds' money manager. Ms. Philips pointed out Che Sun Bank attempts [o buy and sell growth stocks such as Johnson and Johnson, Bristol Myers, General Electric, etc. She also pointed out [he portfolio vas a conservative portfolio providing [he maximum amount of return for [he least amount of risk. Considerable discussion ensued following her presentation and many questions ve re asked concerning the net return of the Pension Fund and whether or not [he fees associated with [he Snves[mente were deducted before [he net return was calculated. The report provided for each member of the Board of Trustees which shoved a time-weighted return of the fund for the year ending December 3l, 1988 of 8.75. The time-weighted return Eor Che quarter ending Narch 31, 1989 vas 2.9Z. The Chairman thanked Ms. Philips for her presentation and [hen asked Hike Callaway, our Performance Monitor, to discuss with the Board the manner in which Merrill Lynch monitors the money managers' ac[Ivi[ies and how Che work of Merrill Lynch interfaces with [he Board of Trustees and [he Sun Bank Management Group. Hike Callaway passed out a copy of Che Investment Performance Analysis with a summary report for Che period ending March 31, 1989 and proceeded [o go over and explain each page in detail for [he Board of Trustees. Following [he presentation considerable discussion ensued relative co the progress of the fund, [he effects of the market downturn shortly after [he City invested its funds in late 1987 and reviewed [he growth of [he fund in the year and a half since Sun Bank had taken on [he job of money manager. Mr. Callaway pointed out again for the Board the conservative investment policy and philosophy followed by the Sun Hank would, in [he long run, be [o [he Pension Funds' benefit. Some discussion took place relative [o the fart no further deposits had been made by the City into the Sun Bank money fund and [he Chairman inquired of the Treasurer Harry Royal as [o [he status of any additional funds available. Mr. Royal reported some SI50,000 of additional pension fund monies were available in the City's pool cash account which were currently Invested at npp roxima[ely eS. Discussion ensued relative to the state law setting a limit of 30Z investment in equities and whether or no[ such a requirement or law could be overridden by the City through another Ordinance. Discussion also ensued relative [o the manner of compensating Merrill Lynch. In closing, Mike Callaway suggested the Board of Trustees might like to sit down and develop some kind of investment policy built around what [hey call [he Strategic Asset Allocation which is a policy setting the maximum amount of risk [he Board of Trustees Sa willing to take. He pointed out the greater the risk, [he greater the opportunity for enhancement of [he Pension Fund assets. Further discussion will be provided by Herrill Lynch along with a suggested investment policy at the next meeting. The Chairman also suggested [hat ve se[ up a workshop meeting on June l9, 1969 a[ 7 P.M. a[ which time we will review the investment guideline s~ ._ ~. CITY OF AifdNTIC BEACH BOARD OF TRUSTEES OP THE ATLANTIC BEACR PENSION FUND MONDAY, NAY 1, 1989, 7 P.M. MINUTES The meeting of the Hoard of Trustees of the Atlantic beach Pension Fund vas called [o order a[ 7 P.H. by Secretary Ritherd Fellows acting as temporary Chairman. Present, in addition to the Secretary, were Trustees Richard White, It..unid wLq;ntc, Jonu Ln Vn kc nud Unv ld Archer. Aleu present wns Mr. Ronald Uella Port a, the fifth member of [he Board of Trustees, who had been selected by [he other four members of the Hoard of Trustees and confirmed by the City Commission. Also present representing [he Board vas CSty Attorney Claude Mullis, Mike Callaway of Herrill Lynch, Karla Clark and Vickie Phll ips of the Sun Bank Capital Management Group in Orlando, Rose Blanchard Parks and Recreation Director for the Ci[y of Atlantic Beach, P.J. We [herhold and Melinda Fev of Interstate/Johnson Lane. Everyone was welcomed by [he Secretary and [hen the newest member of [he Hoard, rir. Ronald Della Ports, was offie Sally seated. The temporary Chairman [hen announced the floor was open for nominations for Chairman. Joan LaVake nominated Richard White. The nomination vas seconded by Ron Wings ce. There being no other nominations the temporary Chairman asked if [here vas a motion [o elect Mr. Richard White as Chairman by acclamation. On motion properly made and seconded, Richard White was unanimously elected as Chairman of the Board of Trustees of the Atlantic Beach Pena ion Fund. Mr. White [hen took the Chairmans' seat and announced [he election of Vice Chairman would be deferred until Claude Mullis could make a presentation regarding [he Sunshine Law as Mr. Mullis had another engagement. Attorney Mullis Chen presented a comprehensive overview of the Sunshine Law and its application [o [he members of [he Board of Trustees. He esutiened the Board members to refrain from discussing matters pending before the Board or that might come before [he Hoard on any occasion where two or more happen to be together. Several questions were asked regarding [he application of the law [o the members of the Board and various penalties were discussed. Following a discussion by Mr. Mullis, Chairman Hhice requested there be no news releases by members of Che Board or those appoSn[ed by the Board without [he news release coming from the Board itself. At [his time the Chairman asked for nominations for Vice Chairman. Trustee Wingate moved [ha[ Ronald Della Ports be elected Vice Chairman. The motion was seconded by Trustee LaVake and on macion properly made and seconded [he election of Mr. Della Por[a as Vice Chairman of [he Board of Trustees vas unanimously approved. Karla Clark then introduced Vickie Philips, Portfolio Manager for the Sun Bank Management Group, who discussed in detail the investment philosophy of the Sun Bank Group and specifically how [his philosophy vas employed >,.. ,, _. ~.~.~.~, --~ ~ ~/~ ~,' _J / 5 -5 S ~`~~ i~~`'f•!(/i[-off i '. ~~ ~yG-G~ls - Freder;ck S. Aldridge 1555 Sere ~~adna nnve Aelen~;e Bnn~6, Flor:d~ a223a ~l~~µ~~ ~~~ ~~~~ ,. ~~ dam- ~~- ~~ 6~.~ ~ ~~ ~: ,_ CiIY d 1M'i/Me BAErL ''Ib~l4 6533 SUGGEBTED VENDORS: ~ _ Connelly b Nicke[, Inc. P.O. NUMBER P. 0. Box 51347 DEPT. ]la OCEAN BOULEVA1101 P.O. BOX 35 Jacksonville Beach, FL 32240-1343 ATLANTIC BFACN. FL 3]2]3 pEDUISITWN FOfI SUPPLB:S AND NIATERULLS GATE FOB TERMS ESTIMATED 4/13/89 OaIEQ QUANTITY MATERIALS OR SERVICES UNIT PLACE TOTAL ACCOUNT Engineering fee proposal for the cons[ruc [f n and paving of Jordan Street north of Jorda Park, and the tvo alleys immediately north and south of Jordan Street. No[ [o Exceed: Grading, paving and BJRWlID Permit Preparatl n 53000. ;3,000.00 Survey 625. 625.00 APPROVED: DEPARTMENT NFAD ~~ CITY MANAGER FINANCE DIRECTOR exposure anticipated by either party under this agrcement, it is agreed that the Owner shall indemnify and hold harmkxs Connelly & Wicker Inc. and its wnsultants, agents and employees Gom and against all claims, damages, leases and expenses, direct and indirect, or consequential damages, including but not limited to fees and charges oC attorneys and wort and arbitration costs, arising out oC or resulting Crom the performance o[ the work by engineer, or claims against Connelly & Wicker Inc. related to hazardous waste materials or activities. 77tis indemnification provision extends to claims against Connelly & Wicker Inc. which arise out of, are related to, or are based upon the dispersal, discharge, escape, release or saturation of smoke, vapors, srwt, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, wntaminanl or pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or waterwurse, (c) objects, or (d) any tangible or intangible matter, whether suJJen or not. IC this proposal meets with your approval, please execute both espies and return one espy Cor our tiles. We look forward to the opportunity to work with you on this project. Very truly yours, %~?.~ ~ ~ci~h~ ~ William P. Spellings Project Manager Approved and Authorized Cor the City oC Atlantic Beach Date Approved Authorized for Connelly & Wicker Inc. BYo le Cateeorv Hourly Billing Rates Principal Enginccr S 75.00 Senior Enginccr S 65.00 Design Engineer S 55.00 Engineer/Designer S 45.00 Senior Technician S 35.00 Technician S 30.W Drafter S 25.00 Secretary S 20.00 Reimbursable costs include fees oC Professional Associates (whose expertise is required to complete the project) and out-o[-pa:ket expenses. Oul-o(-pocket eteperuea shall include but not be limited to travel expenses (lodging, mcaLs, etc.), job-related mileage at 21 cents per milt, long distance telephone calls, printing and reproduction costa, and spceial supplies and materials. Based on our understanding oC the work to be performed, we recommend that you budget S 1,800.(10. SCHEDULE FOR P.4YMEN'P Invoices will be submitted monthly based upon the work complete at that time. Payment will be due upon receipt of invoices. IC payment is not received within 30 days from the date of the invoiw, interest will be charged at a rate o[ 1-12 percent per month on the unpaid balance retroactive to the invoice date. The fees stated in this Agreement are based uprm prompt p:ryment for our services within 30 days from the date of the invoice. It is unrlcrsbxxl that any arrangements for delayed payment shall be requested and agreed to by both parties prior w your notifying us to proceed with the work. LIABILITY AND USE OF DOCUMENTS Il E understood and agreed between both parties to this agreement that the City oC Atlantic Beach agrees to limit Connelly & Wicker Int.'s liability to the City of Atlantic Beach andior any of its subsidiaries, and to all umuruction contractors and subwntractors on the projects for errors, negligent acts, or omissions resulting from these professional services to an aggregate amount not exceeding Connelly Nr Wicker Ine.'s professional services fees or 550,000, whichever is the greater. It it further undcrstoorl and agreed that the wnstruction documents and the ideas and designs inwrporatcd therein as an instrument of professional service are the property of C<mnclly k Wicker Inc. and are not to be used, in whole or part, for any other project without wriucn authorization of Connelly & Wicker Inc. The City oC Atlantic Beach is hereby advised/warned that such unauthorized use can Fm very risky, and the Cily of Atlantic Beach does therefore agree and warrant to hold Connelly & Wicker Inc. harmless (or any such unauthorized use and to Diligently defend and/or indemnify Connelly & Wicker Inc. from all claims, damages and expenses against Connelly & Wicker Inc. resulting out of said unauthorized use. In wnsideration of the unavailability of processional liability iruurance for scrvie:ec involving or relating to hazardous wattc materials and since it is not the intent of this agrecmcm Cor Crmaclly & Wicker Ina to provide services involving or relating to hazardous waste materials nor is any such r ~. r ~~ ,~ PNEESSUNYS: fgBEPi p COMEl1V, PE. M PYREN,OWMY.PE. JNIFSKYLLEXJ0. PE. µAN Y.02ELL PIO. PE. i1gYAq P. P/~aaFLO. PE Yawn LwfiF0. PE. Connelly & Wicker, Inc• "'°°"°`"~`°`°` Consulting Engineers April 17, 1989 Mr. Richard Fcllovrs City Mnungor City of Allanlic Beach 7t6 Ocean Boulevard Post Office Box 25 Atlantic Beach, Florida 32233 Re: Bidding and Inspection Services Dear Mr. Fellows: - Connelly & Wicker Inc. E pleased to submit a Cee proposal for bid and inspection services for the extension oC Beach Avenue North of 20th Street, the paving overlay of Sturdivant Avenue anJ related parking area, and paving overlay oC miscellaneous streets within the City of Allanlic Beach. Th¢ proposal will remain in effect Cor a penal o[ 60 days from the date of this Icucr. Acceptance after that period is subject to a review of the wnditions staled herein, anJ possible revision by Connelly & Wicker Inc. in response to changed wnditions. SCOPE OF WORK This proposal wnlemplates Connelly & Wicker Inc.'s assisting with the bidding phace and providing up to five (5) site visits Cor wastruction observation and final inspection. SCHEDULE OF WORK We will wmmence the work upon being given notice to proceed, and we will work with you to meet any reasonable deadline. COMPENSATION It is proposed the payment Cor our services be on the basis oC our current hourly rotes set forth below plus any reyuired reimbursable costs. P.C. BOX 5r3~3 • JACKSONVILLE eEACH. FLORIDA J2200./3/3. 906Q<9-]995 DESi1N, FLORIDA • CASHIERS. NORTH CAROLINA k n- >< Y. F. § 14-21 ATLANTIC BEACH CODE from the pereonel views or desires oC any single member or group of members of the board. Such certification shall be attested to by the appropriate administrative official. This provi- sion is not intended as prohibiting the board from submitting alternate plans or recommender lions or of submitting minority plem or recommendations in certain cases when w approved by s majority vote of the board to be also certified to the city commission for consideretion. (Ord. No. 47-86-3, 4 2, 1-26871 Sec. 1422. local planning agency. The community development board is hereby designated as the local planning agency and the local land development regulation commission as set forth in Part 2 0(Chapter 163.3164, Florida Statutes as from time to time amended. (Ord. No. 47-863, 4 2, 1-26871 Sec. 1423. Proceedings of the board. Four (4) members of the community development board shall constitute a quorum but a less number may edjoarn Crom time to time until a quorum is present. The board shell adopt rules es may be required for the proper conduct of its business. Meetings of the board shell be held et the call of the chairman and et such times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public- The board shall keep minutes of the proceedings, showing the vote o(each member upon each question, or, if absent or failing to vote, indicating such Ced, and shall keep records of its examinations and other official actions, all o(w'hich shall be immediately filed in the office of the board and shall become a public record. IOrd. No. 4786-3, 4 2, 1.26-87) Sec. 14-24. Appeals. Appeals from decisions of the community development board may be taken by any person or persons, jointly or separately, or any taxpayer or any oRcer oC the city. Such appeals shall be taken within thirty 1301 days after the decision of the board on which the appeal is based. The appeal shall be filed with the community development director on behalf of the commu~ oily development board and with the city manager for forwarding to the city commission. The appeal shall stale the grounds thereof and relief sought. (Ord. No. 47-86-3, 4 2, I-2687) Sec. 1425. Petition of illegality. Petition may be presented to court of record within thirty (30) days after filing of decision o(tity commission, selling forth illegality. Any person or persons, jointly or separately, aggrieved by any decision of the city com" mission rendered as a result of an appeal filed in accordance with the provisions of section 1424 herein may present the court of record a petition, duly verified, setting forth that such bupp. No. s 842 CITY OF s~la+dle $taelc - ~lmuda f,Vr it 21, !')°5 MEMORAtIDUtt To: Thy- Xunor able Hayor ., r.d City Commi_~ion From: Thr Cumra w.i ty G~~+eluymer,t E~~.d Suh)ect: Eca+d Actions of AFr it ..., 1`IB9 with liv.:anmt-udat i..n~ nsoceAN BovLevAEO P. O. BOX 26 ATLANTIC BEACX. FLORmA 3Y299 7ELEPNOXE 19MI2~&2996 Yuur Communtty Davrlopment Beard took. tLC- tolLCwir.y acti., r.. ut it's rryul ar meat iuq on Fpr it ld, 19B^: A£trr tro tmurr: 02 deliLe~r atruu, Lhe Luu+d voted S to 3 to deny an appl icat ior, euLmi ttrd L7 tlar 4. E: ede 11 for a rear lard variance cn a 50' .. iC' 4u+ce1 ..,c.,trd o.. the :-wtt,r.~_t cor oer of Beach Avenue end RighteentL St+ert. .Lou ld tt Le deter ni ned that the par crl is a 'let of rrcor d', tLr var iunce- would Loves ~l lor.d F1r. Kr edell to cunc[ruc t. ,. yar uyr agar to:onttY'4~' Lui ld>_ny riihin 1G' of the rear pr~~per ty line. ^ The Buer d r rw mmruded aFF'r ov ul of a ordi+~a,cr wf.ich pr ovtdee ercepticn to the sits- rrGutrenrots of t6< 4lannrd unit development rhrn a developev can demonstr .,tr tLat the density cf the pr o)ect rill Le r~~duoed su Lctant folly Lum tLut adored under the current von my of tt.a pa uprr ty. NP,ru ~-r.cept fur, to the si te~ requiremenis of the PUD is a4 V: eved• -.:c1. "4Vr o'%al L tri Lr designated un tl.e zuniny atlas. a-, Cuutr uct Oualr ty [%evrlopmrnt (CODI. Res~.ect idly SuLmi fled, ~e' -~9r r.;, _e- Lary Community eveio' •nt Euerd si,•. May 2, 1989 TO NHOM IT M.AY CONCERN: I am filing this petition Co the City Commission setting forth the[ Che denial of my variance request on April 18, 1989 vas illegal. The decision uas illega'_ because a literal enforcement of [he provisions of zoning and subdivision regulations viii resulc in unnecessary hardshio. Within the last 18 months, the city has granted ac leas[ nine tear yard variances on lots vi[hin three blocks of my building loc. 'P+o of the variances involved rear yards on lots [he exact same size as sine. One of these lots is only 100 feet south, the other is about 300 fee[ north, both are on Beach Avenue. I believe that if the Ci[y will not allow me to build on my lot, I will cuff er the hardship of having the value of the building lo[ taken by [he Ci[y vithout fair compensation. The Courts have Eound that if a Ci[y condemns a property or renders it valueless thru zoning Che property ovner must be compensated for his loss. Sincerely, ~~ ~ ~ p Hark J. Kredell 1855 Beach Avenue Atlantic Beach, Florida 32233 ~.T1('i&Tl 17.G{i L"TOH$ wYAL AAiIOw IMYIOli R Tif2i-01fA APR 2 5 989 Nr. Richard C. Fellows City Manager City of Atlantic Beach, Florida 716 Ocean Blvd. p.0. Box 25 Atlantic Beach, FL 32233 Dear Nr. Fellows, The American Red Cross sponsored circus on April 9th was a real success. We now have a substantial fund to use for the Nayport Red Cross volunteer program. From all of the reports that I have received there were no problems of any kind with the use of the Jacksonville Ship- yard lot on Nayport Road. I personally surveyed many of the members of the autlience following both shows. Everyone indicated that the performances were excellent. I thought that you would be interested in this brief report as you were so helpful In allowing us to sponsor the circus. Thanks again. Sincerely, ~~-0 ~ Bernard C. Bolstad Station Manager x ~....~ F ~.. ~- B fir , s E' F f_ .l , ..1 _ ,t_ - ~_.. .. ..__._._ r__ _. ._ ._..- - _.._. _:...r. c.:: ~ ~:. rc - ..: ...- ._ ( _~ _. <"%i~ ".'' v ''= ~ ! ' ' ,% ,~ F ,~,~ ._ ._ NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it--~- iii ii \L__JI ~~~~ /.UGV51 1'A5 ,~., __ .~ dps ~~ Della Porta Insurance Services Inc. April 24, 1989 Mr. Richard C. Fellows City Manager City of Atlantic Beach 716 Ocean Blvd. P.O. Box 26 Atlantic Beach, Florida 32233 Dear Richard: Please accept this letter as request for resignation from the Code Enforcement Board for the City of Atlantic Beach. Hhile I have enjoyed serving on the Board, my resignation is being tendered so that I may join the Board of Trustees of the Atlantic Beach Pension Fund. If there's anything further [ need to do in order to complete my resignation, please let me know. Thank you. Sincerely, 6~f ' ~~j~z'G~/!//`~ nald C. De la Porta President RCDP:cn ..~=~ Post Offke Boor 8277 ' Jacksonville, flo riAa 32211 • (90a) G4G-0310 t e P 6 m O~ N N d s c ~ Y C ~' H C W Y G J E c G u n c .H M W N ~ k ^ < L ~ c 5 O V ~ ..1 w Aa u Y O s°u 41 O u m Y O Y O U O O ~ N ~ O N t u m m f` ~ ~ N ~ e u f E " ~ U V o0 V Y. y ~ Y .~ M ~ V ti j Y ^~ 6 U C m ti .~ A 4 6 a u ..1 F U Z ~ V ~ O O m p C u O b ~ 'O Y i. 0 O V 6 m L ~ m 4 y V Y 4E1 W Y +1 w ~ 4 O Y >~ y A m O w ~. u U -+ > o a T •-~ w ,. ^I o /1 m V M Y y 0 Y N 9 L Y _ 0 b V '> ~ C ap Y ~ C 9 y ~ W b © G ~ ~ M E u Y 1y m Y C ~ ~ q ; ~ Y L Y ` ~ Y 4 ~ ~ o ,~ e o. u u c a O .I y E ti Y ~ '> f.' C O 6 y O n fu W V 0 v. o L n[~ V S d u m E e ~._~ N Qt D. C a 8 N y m 6 m a £ A d pp Y C 0. G d C J O C d C u C d ^ C ti W d w W , ti m y 4 c u d c Y H ~+ V O G ~ V {y~ o. 0. O 6 ~ ~ P y N w a m FYI e q n C r Z V m H 6 C B ~ O m !C V U ~ C ~ ~ b ~ o w o ~ < . Q 4 7 P N M a m ~, C u T ~ m ~ u u d ~ m w . m m V lU N 'H M O O U .o m u ro V ~ N 7 V N O O 6 Y V U y ~ U I Y .) Y d M y ~ Y d w H .1 00 ' y W m m a O r` M 7 y L V Y d C V m 9 m 6 U ~ Q • Y C m ~ O Y Y l0 W m a ~ W a ~ C W F 6 8 p~ 1 M ~ ~ B Z ~ V ~ r u -~ u 7 a a o ~ ~ ~ ~ O o M ~ e W p I a t Y S E O ~~~ N P P C N Y N T Y 1 S V A Y fD Y C W G Y G u O C 4 6 L S L ~ Y G 6 P .y w ~ m o q ~ o CC u n °c +~ +~ St G ~ .mi z n°i o YI ' m U C ~ Y M p~ Y O w W u Y O w C 9 u ~ M s ~ O P C W 0 O C ~ O V H O u Y q W M O O 6 M Y Y O < U B u W O F Y ~ N O Y a ~ ~ 1 M °O L .~ O Y 4 1 Y C ~ u ~ s. ^ x ~ ~ 4 r O a GL W 1 c _~ C~ C b 9 6 P O~ N qT m C C u 0 0 c 0 x tU W m MzV a 0 H U 1 V C 0 Z ~ x v w Y h C O W c v M u .1 C ~ V Y7 6 i .~ C p V P FW Y 'YJ c u o m L T q u a d s° m H Y Y Y 6 ++ W W V 0 .1J CO Y 9 q W Y b c a 0 6 u 6 M V V 4 < R a i i i<i 6 ~ ~ a 8 a i M ~ ~ y C u a y a T V O V m d a%~ ~ p W ~ ~~ Y {y ~ n a 4 {~ p 3 M O 0 O P p y V 6 v r. that are not substantial enough to attract and keep eompe[en[ people in this area. 73is false economy will probabty persist until the public sector recognizes the finance offiar'a responsbiliry within the community and the poundal benefiu of paying salaries that encatrage competence and continuity is these positions. •, Minimem Cmm~et5g~y C and . ~. In ligh[ of the recent kisses to public treasuries, the establishment of minimum oompeunry standards seems essential. Before any municipality allows an individual to have at his/her disposal millions of dollars of public money, i[ should have some assurance [hat the individual bas adequau training and cash management s1d115 and the capacity and sophistication to deal with those who call upon him/her for investments. INCLUSION [t is impossble to totally eliminate the risk in any investment program. Fraud, abuse and greed are 8equently impossble m deuct until it is too late, and ahvays will be wound. 7be goal o[ the public acctor should be to create an environment which tosurs the development of investment professionals who ue qualified and capable of minnir^.g invesment risk and probability of loss. Shoraurm reactive approaches, which seek to place even greater burdens on public investment officers, may prove to be very damaging [o the achievement of this goal. Over the long-urn, Practical solution must be deaigaed to attract additional talented individuals, provide them with appropriate professional trat~Ti 9 and encourage them m remain in the profession Legislative bodies should provide clew dvectivea under which public investments effidently and safely operau. 'Ibe public should be able to assure itself that iu funds have been entrusted to investmem professionals, whether thry are appointed or elected individuals, or outside managers. 16 governing board to the chief fiscal offi«r. This person's responsibilities should include miewiog and approving all investment activities, establishing operational proceAures and preparing a pro«dunl manual. A checklist of recommended procedures is attached hereto as £shtbit 3. (v) ApDfpDriate Persomel. To minimize the rick of poor dedsion- making, only appropriately educated and trained persomel should be involved in the inveswent deasioa-making process. Where necessary, the muaidpaliry should consider hiring an outride investment advisor. (vi) wadit Dr d+r ~. We suggest that both independent wditors and where available, inuroal auditors be utilized ro monitor compGan« with the investment polity. B. I~ng term ~m+r_ oach: What longer term initiatives ova be undertakes by loal governmental bodies to safely inwrporate innnvatio4 new tuhnology, sad crew inveswent products in their inveswent strategy while remaining suadfast to their legality, safety, liquidity and yield framework? 1, promote new le ' latioa While the legality of municipal investments is of primary con«ro, legislaaoa governing such inveswenss in many cases is antiquated and in otbers, non-eristent. l.oal money managers, in an ef[ort to protect themselves and the public treasuries, should utt7ize the various legislative dtannels available to have codi5ed dear and workable statutory directives for thetr investment programs. Z. t++nes_v trajnjpg of i_+west_+++ent ofS«rs. The individuals invoh+ed in the public finance sector should be required sad enwuraged to educau themselves fully in maters whidt dvectly affect them and the foods which they invest. 3. itetter ~-ta.;'s. public fman« is a profession Hismrically, it has had a low profile and many lawlities, not recogaiuog iss imPortan«. continue m pay salaries 15 '° watchdogs of their respective public bodice. Munidpal attorneys should keep abreast of the e~dstiog statutory guidelines under which the ittvesttneat man- agers must work and should hold periodic tneetiags with the investment managers to review and discuss current regulations sad aq changes in the hw. b. .All investment programs should iadude admioistrativc and operational controls and procedures to insure the avoidance of substantial lasses of public funds. (i) Written imrectment Peliev, 'tLe investment program thould have a written polity which specific at a minimum: permissible typo o[ investments; guidelines to bt adhered to for uc6 type of Investment; as approved list of investment fume with limits [or each type of invest- ment; that selection of fmaacid iasdmtiom be io accordance with the investment polity and that selections be perladically disclosed to and reviewed by the governing board. (ii) Segugation o[ duties. focal governments should, whenever practical, provide for separation of the authorization and axwntiag tuactioas. (ui) Reviewing~Wliance with investment ooli~, 7Le governing board should monitor compliance with the written imes~ent polity. including the following measures: formation of a finance or investment committee to ensure compliance with potiry and overtight; generation and review of reports summarising all itivtxtment activities; periodic review sad revision o[ investment potiry as necessary m reflect changes is avadabk investment opportunities and ritarket wadi[ions; sad both internal and estsm8 attdits. (iv) Implementation of the investment policy anti the wthoriry to make investments shtwld be delegated by the 14 a. Seek competent legal assistance; b. Eurcise causation in the disposal of the bad irrvutmenu so u to avoid problerm associated with mitigation of damages and second investmem detisioa ,~ I(C)('7),(S) above. a Integrate rcmaiaing 'good' investment with the investment program suggested at II(Ax2) below. 2. Manaaina ~ ~r mr'c n c ,tit ' rat nrnor..n~ L~lvina oablic IDeniss• In atanagiog ao investment program invohvrg public monies, adherence to a polity o[ IEGAL7fY, SAFETY, LQUIDITY AND YIELD is essential and should be evaluated and implemented in that order of concern a. j,ag~jp. Every investment of public funds must be made in aceor• dance with a wide variety o[ applicable federal, state and local siamtory provisions. These statutes establish the legal framework of a~ investment program. 'The statutory directives govera{ug the investment of public monies tie written to take into mmideradon safety and liquidity; thry iaentify the types of investmeau that can be made snd spedfy the seauiry required to safeguard those investments. In an effort to provide you with a refuence and explanation of the basic rule with which local monry managers must abide, we have attached odes of various state and loaf statutes autboriang and gwemittg iwestmeau hereto as 1?~tbit 2 It is of primary concern that the iwestmenu made by bal finance managers be in accordance with these rules and regulations. Such upfront and ongoing legal evaluations could kad to the avoidance of caetly and time- coastming litigation (much less, adverse regulatory eHeas) involving allega- tans thu the munidpal body assumed the risk of iu investmenu as it knew or should Gave known tbry were ilkgat ltwes of legality in an overall muaidpal investmem plan sbould be of particular concern to the dty and eotmty attornel+s ad5ees, the kgal 17 answered, an investor should strongly tomider, depending oo the eirtttmstaaces, liquidating and taking its losses upon discovery of the unutitable seavities. Some tours Gave held that market losses sustained after malting such a discovery are not recoverable. M immediate liquidatio4 although many times bard w swallow. should withstand a defense of failure w mitigate. 8. Send *vKtment De 'do AS sated above, it is more likely that an immedute liquidation o[ unsuitable aeauitiu would be eotuidered reasonable sad, thereby, mitigating than would bolding on w the seauities nod, in essence playing the market further is 6opea of reducing the losses is the portfolio. There is authoriry for the proposition that once an ittveswr has made an independent, in- formed decision w stay in the maker, then ary and all losses inwrred thereafter are not recoverable as thry were not caused by the acts of outsiders. Therefore, the decision to liquidate or stay in becomes even more important in that if the maker continuer downward (and losses upward), the investor's recovery is limited w the losses on the date of the 'second decision' w keep the seauities. trl POSSIBL WAYS TO AVOID TftEC ^C'i7Nr,I1.l ^ pROB FNc Notwithstanding that the double-digit inflation and excessive interest rates of the pazt have diminished, one thing continues: the pressure on local government finance officers w cabana earnings from invesuaeats. Expectations of both the voting public and elected officiaLt have been raised by several years of double-digit returns and the stiooess of many munidpal monry managers in managing tbetr investments. In many instances, interest earnings have become a major component of local government revewea. As competition for public expeoditwea grows and revenue raising capabilities diminish, the rasa will be on toatinttittg w product significant investment earnings. Given this scenario, bow can loal tnonry managers achieve high yields without sacrificing safety and liquidity? w SM+r Term w_~s~ti• 1, r+,~,,,n_pg F^ctino Portfolco. If t71ega1 or tmsuitabk itrvestmems are discovered in the public portfolio, the municipal body should: 13 ~,. brokerdealer, especially with rcgud m arbitration clauses. The option to attempt ro negotiate such clauses out of the agreement should aruidy be explored. 6. Re+,v~tiet Avita6le. a .This remedy places the investor in a posi[ion as if the tratuaction never ooatrred The damages ue measured by the difference between the purchase prig of the seariry sad the subsequent sale prig. b. ~~aof-Pocket it?mag,;. In churning cases, this remedy allows recovery of eommissiom paid plus interest. In other situations, this remedy allows the investor to recover damages based upon the di8ercnce between the prig the imrstor paid at the time it purchased the security and the fair maker value of the severity on that date or the difCereaa between what the investor received upon ale of the security and what it would have received bad there been no fraudulent conduct t Treble Ihmaaes (i.e. whatever is determi>ud m be the appropriate measure of damages is tripled as a matter of law). The Racketeer Influenced sad Corrupt Organiratioas Act allows for the recovery of treble damages. d. Htaitive IYamaaes punitive damages ue awuded to punish a defendant for its wrongftd coadutt and m deter others from simflar conduct m the future. They ue awarded in cases of fraud, malice, gross ttegligence, or oppressio4 or in dmilu cases iavohing willful misconduct 7. Msriga .on of n~mne .. Jutt as in any damage utio4 courts in scarifies cases have ut [otth a rule that when an investor teams of kisses marred, a [[vest mitigate (~~t,,,t~.) its damages: that is, the investor must as reasonably in the liquidatioc and disposal of unsuitable severities in order to avoid the allegation that h either dosed or aggravated its own damages. Although the gttestion of when liquidation is reasonable in light of motet trews has ttot been definitively it .... ~. above be present before eonaol msy be found; rather, it is a determination to be made on the fans o[ each cast. ~. Pet n ial n.t n =„ • In addition to the obvious defeadu[u in such anions, Le. the individual broker and his/her respenive brokerage fum, there are other potential wrongdaen is these types of tranuctions, including aaounting/audit 5rms, dearing houses and depository instimtioas maintaining safekeeping atxounu. 5. Iswes of Arbitration Whether or not the munidpal investor knows it, it is very likely that, as a customer, it at some point has signed ao arbitration agreement with the brokerage house requiring that any dispute arising between that firm and the customer be submined to arbitration. Most brokerclient agreemenu are form contracts toll of boilerplate language, containing a clause whereby both parties agree to submit arty and all subsequent disputes to arbivation, i.e. the 'arbivatioa dause' While the inherent unfairness is obvious in such dauaes (i.e, arbitration panels have been known to be biased towards the broken), there is a strong federal polity is favor of arbivatio4 and under the enistiug state of the law, it is rare that the operation of sucb a dauae is avoided. While the dtanoes of defeating such a dause are overwhelmingly against the investor, it has been done as demonstrated by the recent ruling in CBS Em'l~ee< Feder 1 ~ tit Uaon v. Do at „fkin & ?GRrette Cemritie5 Coroontion et a. (No. 86.2bTIMB, W.D.Tn. March 29, 1989) in which the plaintiff; represented by Borod & Kramer, wcassfully defeated the defendant's motion to stay the litigation pending arbitratioa~ There are, of course, advantages and disadvantages ro arbitratio4 e.g speediness vs. jury available, little discovery and tm findings by the arbitrators. Therefore, the dty or agency should remain informed of the draranetistia of this alternative forum and carefully review any proposed written agreemeau with a 27Le distrin court's ruling bat just been appealed m the 6th Caput Court of Appeals. to a Excessive yndina. i:Ycessive trading may be demonstrated by the cemmissiotu earned on the aceount by the brokerage house and the salesman ><the representative's income on one partitvlar atxount is disproportionate to the sin of the aceount or the rcpresentative's total income, excessive trading may be indicated. In additioq an atmualized turn-over nu (Le. the dollar wlume of traditrg divided by the dollar wlume of the portfolio) greaur than two (2) for a svstomer with normal investment objectives may give rise to an inference of excessive trading. b. ~AUt[41. Courts have delineated several factors to be considered in deurmhting whether or not a broker bas exerdsed effective control over as account, including: (i) the sophistication of the investor, considering age, educedoq and financial expertise; (ti) prior ucurities experience of the investor; (iii) the broker/automet relationship, especially where the client plaid a high degree of trust and confidence on the broker's recotnmendatioas; (iv) who. as between the representative and the automer, initiated the trading in the aceount (i.e. the percenmge of transactions emered into upon the recommendation of the broker/ dealer vs. the astomer, (v) the amount of time devoted to independent research by the invesmr, (vi) the customer's knowledge of the market and the accounts; (vii) the regularity of discussions between the client and the account executive, and nature of the discussions (viii) whether the customer actually wtborized each trade; (iz) the truth and aceura~y is totality of irtormatitm supplied by the broker/ dealer, (x) whether the reladomhip between the broker/ dealer a~ the investor was arms-length or was a relationship where the customer placed trust and oontidence in the broker, and (xi) whether the arswmer's acquiescence in a recommended transaction was Imowledgeably made afw full disdostue by the broker/dealer. Of course, it is not neceswry that each o[ the fasxors listed 9 ~,. basis of the facts, if atry, disclosed by wch customer as to his other security holdings and his financial situation and Deeds. NASD Ru'_es of Fair Practice. Amide ~, Section 2 The NYSE rile dealing with wiubiliry states: Every member organiaation is required through n general partner or an officer who is a holder of voting stock to (1) use due diligence to team the essuntial facts relative to every customer every order, every cash or margin account accepted or carried by wch organtzaton and every non holdi power of anomey over arty account aocepted~or carried nbgy wch organization; (2) wpervise diligently ail atxounts handled by registered representatives of the organization. New York Stock Fichange Rule 405. These riles dearly impose a duty upon the broker-0ealers to aacertaia essential facts about every customer relative to his financial needs and objectives, and there is no doubt that the [ace public monies are being ivvested is just wch an 'essential tut' aced necessarily entails restriction on those imestmeau The iateational, reckless or negligent violation of these rules may give riu to various causes o[ taion 3. L1Ymiag. One federal circuit court of appeals has explained the concept of churning by stating that: Churning occurs when a broker exerdsing control over the volume and frequency of trading, ,abuses his customer's confidence for personal S~aatto by inihanng transactions [hat are excessive in view of the cltaratter of the account. Its hallmarks ue disproportionate turnover, frequent in and out trading, and large brokerage commission. The district court in the Memphis Housing Authority case noted that to establish a cause of action for dturning, the plaintiff must prove (i) that the trading in the plaintiffs aaount was excessive in light of its investment objectives, (ii) that the broker exerased control over the socoua4 trod (iii) the broker acted with the intent to defraud or with willful and reckless disregard for the inves[o~s interest. Memnhis Hoasng ~.th '~ v P +n W r ~'aet~ n a Cti rr: In 639 F.Supp.l0g,i14 (W.D.Tena1986)(dtation omitted). 6 C. Leal Sisn~rds n.t t r "Qa{jQII Under many of the claims mentioned above. the following issues arise: 1. Statutes of I;mitarin.., While there tie varying limitation periods applicable to different cauaea of action, in the interest of being timely, a good rule of thumb would be m seek legal redrew within one year after the discovery of the wrongs the municipality has been subjected m. Indeed, the sectuities laws impose a due diligena requiremem on plaintiffs, requiritrg them to act within a speci5ed time of when thry shotild have identi5ed the sctionable conduct. Again, while the one year from discovery rule is not always necessary m preserve a ease of action, adhering to it can be very time-saving and economically advantageous, i.e. not wasting time and money litigating whether the statute o[ limitation has rtm. 2. Suitabili(y/I[ ow Your C tom r R lr, Many municipalities and municipal agencies tie governed by internal rules reguding the investments allowed by the respective body. 'Otero tie also various state and federal statutes and regulations (i.e. HUD guideline surrounding investments of local housing authorities) which determine 9ega1 investments.' See E:bibit 2 for eaamples. In most instances, broker-dealers tie charged with being awue of these regulations and should oNy advise investments consistent with them. A rccommendadon is considered unsuitable when the broker knows or should reasonably believe the recommendation to be inappropriate in light of regulatory restrictions and the tarstomer'a investment objectives and background. 7be eonoept of suitability is derived from the National Association of Sectuities Dealers ('NASD? Rules of Farr Practice and the New York Stook Faehange (NYSE') Rules. While the violation of these rules does not mate a private right of action dvecHy under them, they do establish a standard of conduct m which brokers may be held in actions under the previously mentioned sutures. 1be NASD rules provide: ~renrnmraeading to a customer the salegrgror a of any that the~rasco~inmme~ad~ou n~isvsuitab~cl obwc3 automerr upon E' ~. -.. -. by Borod R Kromer. ss arreatly examining the 'Whys' surrounding its losses with several brokerage firms. Many oftheabove-rc[erettced cases reflect common allegations and fictual aoenarios leading up to their unfortunate and sometimes embarrassittg poaitioas: a broker persuades a dty financial matuger to engage in unsuitable (frequently illegal) iavestmenss without advising him of the risk involved. in reverse repurchase agreemenss and/or margin transactions, knowing that the city personnel are inexperienced and tmsophistiwted in such matter. B. Irgal Bases o[ Remverv. 7berc are a number of legal doctrines which are common to this type of litigation. The following represent some of the more prominent legal theories under which a municipality might pursue a remedy against brokerdealers and/or other possble defendants: 1. F}%t~Mt G_+yriry'ec i ice (lhe $CNr1tIC5 Exchange Act OE 1934, the $eCUr1t1e5 Act of 1933) z, SmU Gn~riti~c Lwc (so.c~]ed'Blae $ky Iaws') 3. Federal Racketeer Lnflueneed and C~±mjp~gaei~a*;om Aet ('RICO') '. 4. State Common hw (judge-made' law) a. Fnud/Intent±onal Misreotesenttion b. Nealig n$ t M'crgpre_s~n*stion t Breach Of Fidudarv Dori d. Breach Of Caetraet ~, Nt ug~_-~.guu~ent Hiring L Aee>uxEoaaRk3. (i.e. respondent superior) & IYIg 6 A. r,.. Srenari~. While the following is no[ intended to be as exhaustive list of litigation that has transpired or is Doom pending, or losses tha[ have been incurred, it does provide an aavrate reDection of the nature of cases that have arixn out of factual scenarios similar to the one described above. In Memphis, Temessee, reprexnted by the firm of Borod & Kramer, the Memphis Housing Authority, which had lost a substantial amount (in excess of f2 million) of public monies earmarked for the coruwction, tttaintenana, and administration of public housing after a lengthy trial in federal court, won a jury verdict against a major brokerage firm in October 1988 and made out o[ court xttlements with others. In California, several city treastuies have incurred substantial losses. See Hxhtlrit 1. For example, the City of Camarillo, which had been investing in unissued treasury notes and gnvernment mortgages, estimates that it has lost all of its f25 million portfolio. The California casualty list also includes Palmdale and its redevelopment agency, which together lost about 533 million; Lawndale, which lost about 51.7 million; San Marino, which last an eatirnated 51.6 million; The Three Valleys Water t)ittrict, which lost S35 million; and the Redevelopment Agenry of Maywood, which lost some 594,000 of a 5100,000 investment. Also, the dry of Chino xttled with E.F. Hutton (now pan of Shearson Lehman Hutton) on terms that call for the brokerage firm to cover 5300,000 of the riry+s losses; the community of Random Palos Verdes was reportedly made whole by Hutton after it agreed to keep the terms of the xttlement a secret. In addition, the dry of San Jox bat sued 13 fmaadal xrvice companies and the accounting firm of Prig-Waterhotue in connection with the dty's reported S60 million loss in the wake of speadative hood wading that went sour. The sunny dries of Florida Gave also farad themselves trader a dismal cloud of itrsrcsweat losses. The Ciry of Jadwnville Beach has reportedly sustained ]oases totalling 5901,000 oa an investment of S2 million. The City of West Palm Beach, also reprexnted x. that fallioB interest rata are the key to such profits.) Therefore, he buys a million dollars worth o[ the S-year reazury Note. I.o and behold, interest rates drop further ...allowing him to ca tore a reapyy significant rofit! Indeed in an 8% rate envvonment, he's made 11% . darng~his hoQdiog period. (Of couru, he's also told everybody who rill listen to fain just how brilliant be is ...and his salesman agrees heartily!) As you iso well imagine, the story's not over yet. Over the next few months, the cash manager keeps extending maturities ...and winning! Ultimately he's buy' 30-yeaz Treasury Bonds. (Rates are still falling ... so he sti~i looks stm" ply bnlliant.) Then be discovers a 'new wrinkle: (Actually, he just thinks he discovered it. His favorite salesman told him how to do it!) Instead of investing fl million (which he baz) he invests f20 million in a 30-year, 9% Treasury Bond. The problem, of course is that he only has Sl million. Bu Never fear!' says the salesman. 'We'll jend you the money at 8%!' (This f 19 million loan' is attompltshed throw~~hh a 3(~da reverse repurchase agreement,' and the 'collateral' is the 520 mtLion wort of Treazury Bonds.) For a while, evetythinB looks great. The cash manager is earning 9% on St million, whsle other sfBion-term investors are earning 7%. In addition, he's canon 9% on S19 million, less his loan cost on the 'revere' of 8% .. . a vet positive of 1%. In essence, he's making 28% on his Sl million msh im~estment! y now, the cash manager figures he's found 'a legal way to steal!') This is great! Nothing can go wrong ...can itT You guessed it Rates start to rise rapidly. Now the real eamage begins! Over the next few months, long-teen rates rise 1% ...and the value of the 30-rear bonds tumbles precipitously. Orig~'nally, he bought the bonds at par, or 100.' Now they re worth '92,' or 92% of thty original value. In other words, he can liquidate the bonds for 518.4 million ... resulungg in a 51.6 mil- lion loss! On top of that, the dealer who lent him the f19 rullion now says that the bonds have a 'loan value' of S17S trillion ... necessitating a S1S million 'margin call: And as if things aren't bad enough the rate on the 'revere' has now rien to IO% ... ar a 'negative carry of 1010. By now, the damage is complete. The cash manager is doomed! The American Center for Cash Management Indeed, greed and ignorance are a tembly dangerous combination. If the public Investor im't txreful, the 'Sting' could be just around the comer. aavriry in the secondary market will fluttuate with changing interest rates. Again, tatwidutanding the seemingty risk-free natwe of a U.S. Treasury security, the interest rates associated with these types of repurchase or reverse repurcbau transactions arc quite volatile and make partidpation in such imestatenu quite risky. Indeed, in a common s«nario for public sector customers lately, they have been ajoled into buying long-term (i.e. 3Oyear) Treastuy bonds, the pri« of which in the secondary (i.e. resale) market is etctraordinuily sensitive to the slightest fluctuation in interest rates. Even worse, and also quite common, these customers have been sold 'leveraged' reverse repurchase agreemenu in which, unlike the classic reverse repo sima- tioq the customer bortows the money to purchau the security which it then pledges as, in eaen«, collateral for the loan This borrowing (also known as a 'margin' transaction) geometrically increaus the risks sin« interest rate fluttuations not only affect the value of 'the imesmtent, but sin« it serves as collateral for the loan, such fluttuations txn also (and 'tb) result in large "margin calls' (i.e. demands for the posting of additional collateral). A substantial number of such imestmenu were made and coetinue to be made ~rrithout eoaciderittg these risk fattors and the legality and appropriateness of such riovestmenu for a public portfolio. It is not surprising, therefore, that there were substantial bases incvrted by municipalities and municipal agencies due to those public secor investors' igooran« of what they were really doing and the often heavy-handed tattia of -0alers, what we are referring to as -the'SI7NG' The s«nario goes something The tttottey manager has [Wade considerable profiu on three consecutive 1- year Treasury Bill trades, Belli. them three months after their urchase date a[ a major 'net relative yt~d pick-up.' (Naturall ,this indPcates a prevaitine marketpLue in whtch general mtcrest-rate ~evels are falling .. . making the trades look even better than they attually are.) By taw, the cash manager's ego hu swollen comiderably, and his favorite securities dealer Yens [be flames of his vanity, pointing out that he is 'really a gea~~~ (By taw, he's starting to become putty m the hands' of the hush ~~ his suc«ss, the, eas6 manager now decides to venture further into the future with some of hu imestmenu ... sm« he's already learned' that the longer maturities produ« greaur profiu. (Of course, he Ignores the fact out brag-term policy suggestions which should add greater stability to your respective programs. For roost of the 2(hh century, the investment of public funds was appropriately considered a fiduciary [unction, i.e. the coaxrvation of principal wu the public investor's primary respoatibiliry, with the earning of income from invatmenu taking a xcondary role. However, since the mid-1970'; when interest nu returns sky-rocketed to double-digit cumbers, elected offidaLs, and particularly elected and appointed finance officers, have had b underuke a new responstbiliry -that of cash management (i.e. marimiung returns by taking advantage of the interest rate market). Ice the heyday of increasing rates, public senor investors had become very accustomed to double-0igit rcturttt, i.e. in ezass of 15 pttcent In their zeal to maintain high rates of rettun, they invested funds in short-term imtrumeau such u repurchase agreements ('repos') and reverx repurchase agreements ~~. A rcpurchax agreement allows an investor to buy an amount of seauities (e.g. krog-urm U.S. Treasury bonds) and agree with the xller that the xller will buy back We bonds on a specific date and for a specific prin. In this way, the investor can lock in an imerest nu on arty amount of monry for any period of time. A reverx repurchax agreement is simply the other side of a repurchax agreement The investor bas xarities b xU because it umporarily needs money or it can make a better investment with the 5toaey. However, in this case it is the investor who agrees to buy the security back at the a4ted time sad prig. The investor obviously must have the oath available to meet this In then quest for high yields, some public sector investors umporarily lost sight of :risks assoaated with the investtnents they were making. For instance, a U.S. Treasury ar(ry 4 a risit•free Investment, but only from a credit standpoint and ody if itu held to mtrity. H it b pttrehated from a broker-0esler or a beak, either as ^ direct Invesunent order • repurchase agreement, the purebaxr is subject to risks, as the value of the f>rtfxltapgl, IWVESIII~MIS: The'Sting' -How to Avoid It L' You Can Or CLre It IE You Can't 1_l>~tonucnoxt Urvestmeats shall be made with the exerdu of that 'udgment and care, under drevaistantts then prevailing, wlric~ men of prudentt, discretion and intetigentt exercise m the mart- [ i~nvaimnentof ~nstderi~ng t~e probable fsafery~ltyeu ppial,f as well as the probable income to be derived. The prudent Maa Rule. The topic of this paper and preuntation involves, basically, the failure of public sector (i.e. municipal) investors to adhere to the prettpts of the foregoing quoted rule. It will attempt to alert you to questions you should ask conttrning your city's or county's itestment policies and practixs, so that they tan avoid being placed in a loss situation (the 'sting') and the costs and burden of trying to retrieve those fosses, This subject would be less imponant if these problems were Confined to a couple of isolated cases. However, as will be discussed, a significant number of municipal bodies and agendes have rettntiy summed dravtatic losses in then investment portfofios. See 1?shtbit 1 for a rettn[ discussion of the problem. Had some of the suggestions set forth herein been followed by those emities, away if not all of those losses could have been avoided. to as effort to help you avoid these problemis and to share with you some of the lmoadedge sad experientt the writers have developed over the past several year; these materials will take the following approach: Fuse, a general overview of the litigation in dtis ara and the various laws applicable end relevant to such attions; then, an attempt to attest trays of avoiding similar probleaq including suggestions for both the abort-run ~ of etosting portfolios and the management of furore investateats as well az setting tTfte authorc tie littased attorneys. The opiniom expressed here pertain ody to the I ettviroemem and standards pertaining to municipal investments and should not be rpreted as the rendering of invcstment advice. ~?Sl1 t. 7lDSSEIIEEEO is • partner in the Kemphis, Tennessee lav tin of 8orod i Kramer. He va• formerly a Trial Attorney end Specisl Counsel in the Enforcement Division of the 6ecurities and Exchange Commission in Maahington, D.C. prior to that be served as an Assistant Attorney General in the Psnnsylvania Department for theip~nnsylvania 6acurit! stCOmmission~aHis praeticiahssn Involved the representation of both custeprs and papers of the investment community in cases involving the interpretation and enforenent of the federal securities lays. Most recently, he represented the Memphis HousSnq Authority in its successful federal court suit culminating in a substantial fury verdict agsinst a vsll Street brokerage firm for engaging Sn improper Investment activities. Hr. Aussenberq has addressed other seminars on topics pertsininq to the lsderal securlties lav. He is a graduate of the University of Pittsburgh and the University o! Pittsburgh School of Lev and vas a Reginald Haber Smith Comaunity Lawyer Pellov. He is a member of the Mrs of Tennessee, Pennsylvania and the District of Colusbis, as yell as of the 6upreae Court of the United 6tstes and the United States Tax Court. JE1lEEY D. lAHRISE is sn associate !n the firm of Borod i Kremer. He Ss s graduate of Hesphis State Vniversity and the Cecil C. Humphreys School of Lev at Memphis 6tate University, and is s member of the Tennessee Bar. Hr. Parrish is currently involved in the representation of a number of securities investors in botA the tsderal courts and in arD&tzation progedings. MUNICIPAL INVESTMENTS: The "Sting" -- How to Avoid It If You Can Or Cure It If You Can't MARTIN H. AUSSENBERG JEFFERY D. PARRISH BOROD & I~iAMER MEMPHIS, TENNESSEE PnwMW M NATIONAL INSTRUTE OF MUNICIPAL uw oFFICERs 1989 MID-YEAR SEMINAR WASHINGTON, D.C. APRIL 23.25, 1969 BOROD t KRAMER Attorneys ^ Yuwoc. tivonw nna~ Rrwt•. tiMfOFr s+m r.n rm rv. E G i F w _~~ ~v S ~ ~~ ~ r t CC ~ C _• _ H ~ °e. ~e ~~;^~ cU to ~~ tom !( ZS/_ ~C 0 ~ j}u5 X7 0 5~ _.z. 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O • 9 • u T _ _ s O y ~ _ =C a p s ~ a a O 5 E " a _ p E E 9 V • • r 6 ~ 0 r C Y ' r j 6 L E r _ E C p • _ _ • O C 1_ - r ~ ~ a ~ r ~ - ~ ~ ~ o o a 3 ~ 3 : ~ ' ~ ~ = g ff o e ~ f ~ ~ ~ i a ~ ~ t - 8 e . 8 E f S i ~ ~ ~ Y J E ~ r V - _ E d ~ ~ ~ E 3 0 1 3 ~ y T ~ ~ r $ S E a r ~ ~ s ~ B a a ~ Y E _ y _ ~ i a • l y e s a : i Y ~ i S ~ Y' ^' i c : ' ~ ~ ~ L ~ ~ 8 ~ Y E i l e ~ u C p • 1 ~ i i ' `e ~ - O n T _. • e p l f ~ E Y O O 6 o O L C - E E ~ e ~ - Y 8 ~ - - _ - _ t = 3 _ i - a F ~ - s 3 ' 3 i 'o ~ 2 i - ~ = .. ~ ~ E a ° ~ Yiu._ e $ i a _ ~ • p ~ 4 V • l ~ a ~ ~ 4 ~ 4 7~ _ ~ : ~ t b • s .. ~ • C ; ~ ~ Y a ~' ~ ~ C ~ ~ c j~ o) { j 4 ~ e i _ _ _ _ ~ ~ ~ -° ~ ~ o` `m ~ e - i e y` ~ j O J ~ y E _ ~ 4 [[ O • G E f ~ ~ ~ c y 0 ~ r e ~ O ~ -` • ~ ~ n °~ ~ j ~ - S 4 • Y ~ i ~ • 2 _ 3 J < C. ~ F F[ 4 4 Y ~ ~ L - - -` . ., _ n a i _ .. s - F ~ ~ a ~ e 4 • 4 ; - ~ E ~ _ _ _ + _ _ w ` 4_ 9 _ O • < O sC 4 C~ E n> ? 0 e `c ~ ~ _ ~ = n r_ ` u c c-~ c • o _ ~ o S y ^ • • - o e p o~ ., S_ i a i c c° i ~ ~ > • • `o B a a" ~ c° L c ~~ v i .. •) .. o' a ~ 9 . ~ . ' J P ~ Y • C a Y ~ ~ 4 _ - - G ' ; C 'a • e .. ~ _` a e O P C • L - ~ lJ ' i V ~ ] n ~ 0 6 O - c _ ~ c i ~ C _ ~ j 8 e _ 4 l • _ C 4 f) ~ ~ ~ " 4__ _ ~ y _ p _ ) 6 i j C__ 4 O • 4 4 E n _ _ • O ~ 6 C • • • E~ c I •• a• •_ i t 4 C 4 p_ ~•_ C) 4 4_ C= ~ C ~ G .4i r _ ' V ~ 4 4 C O ~~ • -;- - o~ L C~ E 9 _ C z ~ O • _ e ~'~ i C C U T~ _ _ 'I L ` _ _ _ ~ - C P 7 { - t _ _ c C 2_ 9 4 4~ S• J G ~ V ~' • L .. E g- • _ ~<i _v.`~ °e~•: L4j.~ inCC- P- .Y ~- C4_ ~. _r' L~ ~E yi a.4i =~._. ~Y~I= O =~G ~F7 ~` ~4F`.~ ~C<<-~. ~_~~ ~: - e ., - ° o ~ - c a e e ° _ o ~ e ~ i ~ -S • c c$_ ~ c i n u h i e E - 3i E~E . x ` C~_ f L 0~ O L~ O O ! • • p g ~ J e > = ` • 6 ~ "' c _ ~ a .°. S 9 C p ~ y ~ O P b Y e O O _ • S O•~~ V O ~ G i u Y- Y Y~ i 5 i i ~ f c -° = 9 f - ~ _ - i o • f i - c ° r - E - E -' _ ! E _ ec - - - a - _ - -_ - _ _ ~ ~ _ c c c c c° i e' :i .~ >e :cam P• ^f G! ~; ~e~eePn si°a;°3a^' =a ~Cae~i_~a~ XGC rV+C {!C~ -)•eC] --~•C ieiC - G>00 '<»_ >: 4 s - E - - E ° e = fr a C ! ° ~ ° es c ~ •. o <` c c .~ u ~ P w L ~ ~ ! ~ Y 6 - - - -_ O O ~ O ° i i _ ~ 'e 8 ~ • • a • 9 O L ~ VC G fOf V Y ~ O o` Y 6 'a i_ .. ~ e P 6 ) r ~ G u ~ O i ~ Y • \ : a f~ f S a - f c ° n' ° ~ o B Y _ ' ` : i _~ ~ _° - - - ° _ - ~ a ~ - t ~ { Y g CHARLES R. WOLFS Chuck Wolfe Ss a lawyer with the Hartford and Stamford, Connecticut law firm of Robinson 6 Cole. He is a member of the firm s Land Use and Environmental Practice Section. He serves on the Connecticut Department of Environmental Protection's Rivers Advisory Committee, the Zoning Eoacd of Appeals of the Town of Marlborough, Connecticut, and acts as Marlborough's representative to the Capitol Regional Council of Governments Housing Committee. He has been Co-Instructor of a planning course Ln the University of Connecticut Master of Public Affairs Program, has taught Municipal Law at Western New England School of l.aw, and often speaks on land use topics 1n Connecticut and other states. Chuck Ss Executive Editor of Environmental Auditor, a quarterly journal published by Springer-ver ag New 'i or. Inc. Prior to practicing law 1n Connecticut, he practiced law in Seattle, Washington. He holds a Master of Regional Planning degree from Cornell University, and a law degree from th_ University of Oregon School of Law, where he served on the Reneging Board of the Oregon Law Review. MICHAEL E. HENDERSON Michael E. Henderson joined Robinson 6 Cole Sn 1988 from Stanford University with en N.S. in Civ11 Engineering/Land Use Planning and a B.S. in Geology. prior to joining the firm, Mr. Henderson worked with the Hawaii Department of Transportation; produced a survey on the use of computers by California planning agencies; and assisted in the preparation cf the growth managemo_nt system for the city of Petaluma, California. Mr. Henderson has extensive computer and computer-aided design training. He concentrates on land use and environmental regulation at Robinson 6 Cole. Nr. Henderson Ss a member of the American Planning Association, and is a managing ed itoc of the Connecticu~'. Chapter's quarterly newsletter. NIM L0 SECTION ON LAND DEVFLOP4tENT ZnNING AND Pr ANNIN NIMLO Mid-Year Seminar, Washington, D.C. Apri123-25, 19$9 Charles R. Wolfe, Esq. Michael E. Henderson, Land Use Analyst ROBINSON 8. COLE One Commercial Plaza Hanford, Connecticut `~ E ~- t facilities as necessary to prevent safety problems and nuisance conditions. Polity 1.4.1 The City will complete by July 1, 1990, the improvement of all existing accesses to include barr'er-free ramps where feasible, and construction of necess..,y related public parking. Obiective 1.5 The City will utilize land use and zoning classifications for limiting new development of shoreline sites so as to conform with the objective of reducing environmental degradation, property damage and potential loss of life, as well as encouraging visual and physical accessibility, open space conservation, wildlife preservation and compatibility between adjacent uses. Policv 1.5.1 The City will complete by July I, 1993 a review of its land use designations and zoning classifications for all shoreline properties to determine appropriate methods of regulating new construction as well as reconstruction and redevelopment of areas in a post disaster situation. Policv 1.5.2 The City will develop within its land development code to be adopted in accordance with Lhapter 163, Florida Statutes (F.S.) provisions which establish the following: (a] Percentage of native vegetation allowed to be disturbed in environmentally sensitive areas as a result of site development or construction activities; (b) A buffer zone of nature vegetation around wetland and deepwater habitats; (t) Stormwater retention/detention standards which maintain rates and amounts equal to conditions existing prior to development. 6oa1 2 I I Maximum feasible protection of life and property from the effects of natural disasters. ~ ~ ~ I Obiective 2.1 1 Maintain the present 8-hour clearance time for a Vulnerability ~ "A" storm and ]0-hour clearance time for a Vulnerability "B" ~ i 29 n . ~., . 41'''11 S~3 9~! vai I~ '; t a r ~#t'' ~y`'e'~) li4t.- ~i r I I I i ", 1 ~' c }@ (,i.~' ;~ t~ ~I ~.. i~ F ~ »t .~~,;: H~'S~(f~k~1N{tl5" ~i ~ ~.1~ , ~ a Astf ~ ~ Fs •~t;~ ; ~~ ' ~tttt°' o-4s t-D~ttrcFaftl~~ ~ P~~` t+ ~~~' '' , "` . F p:. t~ t'>, '- ' . f' I , 1 f t -~~17,! fF',,, r 4j~j Fli~ ' I F ~~ •} 1 ~ ~'~ ~` ;' , ;~~ Coastal Management/ .'~~ 1 ~ ~ ~ '~[1 f ' .' ~ + P' iFl ttrr - _s e~t} ,.t .: rFj t. l~ ,• ~ ' " at~l'~ # ~ '' , ~~j[Cy on.tsery~v$gllati_onElement ' 'I 1 . . ,~-~,Intergover_nmental ` t ~ . ~ i, ~I t t.: ~,1 ~ ~, t, Coordln)atlon Element ~~ 1 t ~'~II i ~ ff~. st ,yitt {~I; 41r i '. Y !'7 ,~.' ~f ft 4Fk K '[fi+..i'GN ai(k .% coifs Rii =fic.';»/'~A-9~t1d43e 4 ' 4 1 ~ L 1; f 1. tF t+~ . F . 'F.. - .f ~, .. q`.. 11 5 ,t f , , ~ ~ , f 1.Comprehensive Plan - 1988 ' r F, ., '' ,1~ri_Cjty of Atlantic Beach, Florida ~ ''; a ,~, gr ,,, ~, n ~ ~ , , ~ FI ~ I,~:,,~. , ~1 i' ~ 1ty~'4 t ~ ~~ A rtti .., .. ,3 !I k~ 7F ij J~1 FFT+rt~4 k I I i 1 .C51 _ ~ py iy~3~ ~L •.~p)1 n~> Ft~ygs.~..~Y,~ c ~. J l 1 -t. F~ ~~kkk i F yr f 1x.f a'tE ~{'J_ 3t 1 t e ', i F~ ? ~~ Ta~"( ~ i ~i jjJ ~t h ~ F lp_. ~~ yt '`k1 >.i } X..l~yy~di r6~~$ ~~r't 4 4 .`'~ ..~ t t # t , gJi y I~.: ~ ~ F i, lt, i , y ( toy Ft,1 i. ~jj4i.~ 'l~ 1~~j~y;~ 1~Y} ., 5 1E' ~".I if Y1C• ad ,3.,Ji GtC '•~( 1 , ,. .. { i 'i1 I Q 1~ t , i' t s t ! T ~4~'~.4 I~i ~ ij ~ . , cPt , .., I ~. zi [N. ~Yd t~ t 1 _~; ' ~: 'tv!XyC Nyotyv-yeymber 1,Y1988tt 1 _ '' 1 1 f~fPLi' Lx ~IAye1 13~~~ ~ ~•tJ 1 V { I s ~ 4w` :~az r4k~ss S cA@ 't 7z ai 1. a s Z 5r ", 4tft ' I ;~: ~~ 1 I s , ., ~a ~ GEE & JENSON,I~ s fly ~ ; , jr , . "~i }}h ~ ~F~*~~r4~ t,? ~ ' S'.! ~'~~ngme~rsAr~ch'facts-Plannersrriflnc I ~ t , ~ I t -~~ I ~.W 'hu fti~;" 3 t I . +~,rtl't ~ ,~~~~)t~rt ~ {IS f. € ~ ~ t j.% S:~ iii yk F~ i , ` i- : 1' ~¢1~~`i~-a~%~}~{~P"~Y~ Y' .. t~ ~~•'t~S ~~I t. I ...: 1 alt 1 "LLJU ~.ir... ........wi.-.~i~.t.r-/~.4~14L:+4 ... i.:.u L~'1Ut ... .rl..... .. ...I r.t'r..>.. ~ ~' F- PAGE EIGHT MINUTES APRIL 24, 1989 - Mayor Gulliford asked Comnissioner Jensen to report his findings relative to legal fees. Camussioner Jensen said each Cartnissioner should have a copy of his report which was sclf~xplanatory. After brief discussion it was dacided to include this on the agenda for the next regular cortmission meeting. - A collective bargaining meeting was scheduled for Thursday, April 27, 1989. - O~issianei Pdianis indicated he would have a report on the Southern E~gional Conference meeting he had attended recently in 1~nnessee. - Mayor Gulliford reportsi he and the city manager and the other beaches mayors and city managers as cell as the mayor of Baldwin had recently met with Mayor Hazouri to discuss subjects of mutual interest. He said the urgent need for the Nbnderwnod Expressway had been strongly emphasized by the beaches mayors and city managers. He indicated similaz meetings would be scheduled on a rn~artarly basis. - The City Manager reported he had spoken with City of Jacksonville officials relative to includi~xl Atlantic Beach employees in their hospital insurance in an effort to reduce the cost of premiums to city employees. He said Ameriplan had advised they would rot renew their contract with the City when it expired May 31, 1989. There being ro further business to can? before the Commission, the Mayor declared the meeting adjourned at 9:00 PM. William I. Gulliford Mayor/Presiding Officer ATTEST: Maureen King, City Clerk NAME OF COMMAS. M S V Y V N PAGE SEVEN MINUIFS APRIL 24, 1989 C. ~,^a^~ No. 90-89-141 -First peadu~y . AN C00)D?01RS: AN@DI16 740? ORDD?p1[LE pODE Lp TBE Ci77C OF ATIJINIZC H71Qi, F1L)RD1A; AMENDING CAAPII+.R 24, ARPICIB III, DIVLSIQ4 7, SECITCN 24-157 (a) ESI7UBT.LSTlQT, A lHfm Pl7R MFAA02II~ ~~ C[+ FH~[FS AND fAilS; AND PIOVIDDOG AN EEPELTIVE DAZE Mayor Gulliford presented in full, in writing, Ordinance No. 90-89-141 on first reading. ~~: Aplxoue ~=~~r of Ordinvr:~ No. 90-89-141 on first readrng and set far public hearing Nay 8, 1989 Some thoughts xere expressed that the Ordinance was still srnrvhat vague and open to interpretation. The City Manager said the Ordi-nance had been difficult to draft in that other cities surveyed did not have Ordinances dealing with this subject. The question was called motion carried unanimously, D. Ordinance No. 57-89-15 -Public Haring AN OADD?04t0~ AN@DIl1; 7703 ORDIlYft~ QY1E OF TB£ CiRY OF A771~N7'iC B01®. FILM2IDA: AIBDIIG QAPIER 7, ARCI(IE II, SBI.TION 7-16 7b ADOPT ~ REEII03~ 1f~ SalUA[~ FII~ PREVH~DZGN ~+ 1985 IDyI~TION iP119 REVISIQIS, PIAII.T.CnWI Hy 'IHg 90fDffidi HUIID71x' ~+ D+ti,c~ II71P1aA1'1QALr AND 79E NATIQyH, ~ PROTH.TIQI ASHOCIATIpii 101 LIFE SAFL••lY d~ 1988 FII2TION: PADVIDING AN EPPHLTIVE DATE Mayor GUlliford presented in full, in writing, Ordinance No. 57-89-15 on second and final reading. Said Ordinance was posted in attrordance with (Barter requirements. Tne Ma fora Yon opened the floor public heazing and invited mrtnents fran the audience. Since no one spoke for or against the Ordinanoe the Nayor declared the public hearing closed. ~~' APP%oNa pasra9e of Ord; n..,,o ~. 57-89-15 an final ~rY3 No discussion before the vote. The motion carried unanimously. 7. Miscellaneous Business - Mayor Gullifozd 'nrn~'..~ into the status of the Resolution relative to Casa Marina and was advised the City Manager had written a letter to the City of Jacksonville Beach supporting their efforts to obtain grant funds. - Mayor Gulliford presented in full Aesolutian No. 89-22 authorizing the filing of the necessary papers t, apply for grant funds to assist in establishug a used oil rac.,yc7ir,y program. Mot~n^= Approve passage of Resolutim No. 89-22 No discussion before the vote. the :ration carried unanimously. NAME OF COMMAS. M S V Y V N Oiok x Pdards x x Jensaf x x 7lxjcrr x (~,l lifrmi x Cbaic x H3iards x x Jam x x 7lxicer x (#illiford x Chok x H3aards x x Jenven x x Tudrer x carlliford x PAGE SIX MINUIFS APRIL 24, 1989 The City Manager reported the City Commission had previously approved this project for an estimated price of $25,000. Negotiations have now been cacpleted and the City Manager requested approval of the Change Order. Motien: Approme cZiange Order to provide for ~=+~ to a sewer break order Mayport Rvd rear Kris Street in the amount of ;19,297 No discussion before the vote. The motion carried unanimously. E. Actin by the City ry--;.-ita m apprvue a nequE'st far a Qkvge order in the anent of ;7,654.00 on the Sewage iieriell Aehabilitatirn Project m replace the e.-.;,.. ]..vies in the wEtsieu at statirn 'B' Doug Layton of 9nith and Gillespie, addressed the Garmission relative to this item. Ne explained the piping in the subject wetwell was found to he badly deteriorated and it was the recamr=ndation of the engineers the pipe be replaced at this time. He said they anticipate similar or worse deterioration with wetwell "C" and in the interest of time and economy, requested authority to negotiate for repairs and pipe replacarent to that wetwell also in an amount not to exceed $7,654. M~tiixl: Appronie Charge Order /1 in an amaxrt of ;7,654 for ..,hahilitatlon and replacement of a+~-tiro limes in wehnell •B• and authorize regotiatims for similar _r= m wetwell 'C' in an amxrt rxrt to exceed ;7,654, subject to approval by aty Manager and O>mmssimer Fdsrds In response to a question fran Commissiorer Jensen, the City Manager said that fords were dvailable in the sewer renewal and replacement budget. The question was called and the ~rotion carried unanitrously. 6. Actin on Ordi~- A. OrdirWloe No. 90-89-140 -See Page 1}nee B. taa;,.a..o tb. 35-89-6 -First Beading AN OMlIIL4li'E A!@DIlG SHTION 2-273 OF TIlE ~L' OP IX~II'Y44~ OiF 1~ CTTY OP AuaNFiC H'AQI BE'LiTING 10 IIi~9a 87P Q+ FUNS PR7VIDIIG AN EPP13C11VE R41E. Mayor Gulliford presented in full, in writing, Ordinance No. 35-89-6 on firs[ reading. - lire Ordir-3nce died for lack of a ®t;.,.. NAME OF COMMFIS. M S V Y V N Qrolt x Ed•ards x x Jensen x x l~xd:e_c x Glrlliford x CUOk x x Edrards x .7arsen x 1lrcker x x p,r r; ford x PAGE FIVE MINUIFS APRIL 24, 1989 S. Cmmittee Reports A. Commissioner Edwards, chairnan of the Awards Committee, to report on bids received on tw Gorman Rupp purtps to be utilized in the reuse water system at the waste water treatment plant Crnmissioner Edwards reported only one bid had been received. E~camination of the lore bid indicated it was a responsible bid and the equipment was mipatible with other city equipment. T11e oamiittee recnmended authorization of the purchase. lbtirn: a.,rr..r;,,. uariwi of tan (ior~c Rupp px~ps fr® fialtx=r L. Barrett Blwnkv.d.T., ~ a~an,-; motes for a total price of ;5,335.36 No discussion before the vote. The notion carried unanirtously. B. []mni ~=irner Glen Edwards, dvaizsen of the Awards ~ittee, m report on bids received for a rev mini-paTn.r for the Fire t Commissioner Edwazds reported three bids had been received. "'--'--tion of the bids revealed the bidding specifications had been faulty, and on that basis it was the r'ecamerdation of the oamiittee that all bids be rejected and the specifications be crorrected and re-bid. Motion: Reject all bids, correct the 8pecifirar;...~ ~d re--bid for amini-paper No further discussion. The notion carried unanimously. C. Action by the City na®;a~im on a requpnt fry the City of oNeptra~e 1leadc to puxdcage a used 1985 garbage trvdc fr® the City Bearlr f~ ;25,000 . Robert Norris, Nepture Beach City Manager, said he and his Public works Supervisor had examined the truck and he was prepared to offer f25,000 for the purchase, contingent upon approval of Neptune Beach City Council. He said Nepture Reach did rot own painting equipment and requested Atlantic Beach repaint the truck Ioadmaster Blue, the Dolor used by Nepture Beach. Mourn: 14rthorixe sale of garbage toxic to the City of ~p Baxh for a total price of ;25,000, said price m include the oust of repainting Inadoestri Blue No discussion before the vote. The notion carried unanimously D. Action by the City (Ymission to approve Q~x)e Older /1 m the Major Safer Rehabilitatirn Project m provide for +e~ir= to a major sewer break order Mayport Road rear t..+;a Street in the amo~mt of ;19,297 NAME OF COMMAS. M S V Y V N Ooolc a E7asrda x x Jew x z 7lxioer x n,ii;>r,..~ x Cbolc x Idracds x x Jarven x x 1lrclaer x q t1 1=in..~ x Cbalc x x x Jensa~ x x 1lxioer x Galliford x PAGE FOUR MINUPFS APRIL 29, 1969 William hforgan, 1945 Reach Avenue, owner of Ints SS and 56, opposed the rezoning stating that when the North Atlantic Beach azea was annexed, careful consideration had been given to the re- classification of he zoning so it would match as closely as possible the Jacksonville zoning classification. Historically, the zoning of this black had not been identical to the surrounding properties, and he requested this condition be perpetuated. Herbert holler, 1911 Beach Avenue, spoke against the rezoning, stating that with property taxes continually being increased, property owner should be allowed some latitude in the use of their property. Ne stated that present lot size zequirements along with height restrictions, would prevent the type of density which was the apparent concern of those requesting the rezoning. Don Wolfson, 1725 Beach Avenue asked the City Manager to explain why the current zoning classification was assigned to that pazticulaz azea. h1r. Fellows explained Atlantic Beach had tried to match as closely as possible the Jacksonville zoning classifica- tions of each section when the area was annexed. The one exception to this was a small azea between 19th Street and 20th Street on the ocean front where only single family homes existed. It was further explained that three public hearings had been held at that time and the opinions and requests of the residents were honored. Ben Stadelman, 1931 Beach Avenue, said that he was against the rezoning, but felt that a cortmittee might he formed to determine the best use of the various properties and ecrtmented on a large home at 20th Street which blacked the ocean view of neighboring homes. Dillon Morgan, 1304 Belmont Terrace, owner of Ivt 57, expressed opposition to the rezoning and pointed out other azeas to the north which were also zoned multi-family and wmented briefly on the need for same attention to be given to the problems of crime and litter. Since no one else wished to speak for or against the Ordinance, the Mayor declazed the public heazing closed. In response to Mr. Morgan's cvnments, U:e Mayor reminded the audience the City had recently formed camiittees on Beautification, Safe Neighborhoods and Solid Waste Disposal and invited those interested to serve on ttuse connuttees. Motim: Pass Ordi~w~oe No. 90-89-140 m final. xeadiixl Camtissioner Cook asked why the dmnunity Developnent Board had voted unanimously to recampnd denial of the rezoning. 1fie City Manager explained their decision had been based or. the fact public hearings had been held and public opinion had been taken into consideration at the time of anrnxation. The question was called aId on roll-call vote, the mLion failed m a three to t5A vote. NAME OF COMMHS. M S V Y V N ~ olt I i I x taar...a~ x x Jensen x x 1lxdwr x (lulliford x PAGE 14IItEE MINU!'FS APRIL 24, 1989 lotion; Approve ~~ of Consent Agada No discussion before the wte. 1Yne motion carried unanimously. For the benefit of the large number of people in attendance in connection with Agenda Item No. 6A, the Mayer announced this item would he taken out of sequence and handled next. 6A. n•+~: •,••••~ No. 90-89-140 - [rnt;..,oa public Blearing ~ ~~~ 11!@DIMG 1~ 09~II011iE OI8 OF 1H: C117C OF AIIANPIC BFXE, Pi[7RI114; AM@DING CBAPffi2 24, '17D; lyg ~,ID,~ 0lDIIYQt'E AND IAtD DCVFJ~}@if QYL' BIY AMBNDING 1~ OFFICIAL ZQIItG MAP 10 188(IE 1015 41 1W[l0[,5 60, NOR1H A'IIANpIC ffifCd UNPF 2 BY PII2TION OF AT LEAST FIF1Y PBRLH7f (508) OF ~iB£QDf6 PRDPHaY OWNERS PIYY7 I4~117Hi17AL I~tAL ![nr:rrnrn FAIIII.Y (AIQ) 10 I~IDH7fIl1I. ORAL 15iD FAMILY (1G1); AND PROVIDING AN BFPSTI{7E DAZE Mayor tl;l.liford presented Ordinance No. 90-89-190, on final reading. Said Ordinance was posted in accordance with Charter requirements. The Mayor opened the floor for a continued public heazing and invited crnments from the audience. Hugh Cazithers, 1549 Beach Avenue, indicated he was a m~nber of the North Weal Beaches Association which was the entity making application for the rezoning. He explained the intent of the Association tras to bring the zoning of the subject black into mnfornuty with other surrounding blacks. Winnell Ford, 1858 Selva Grande Drive, owner of Int 48, said it was her feeling the proposed RG1 was the most appropriate zoning classification for this area. She felt rezoning now may prevent future undesirable development of any vacant lots in the azea. Dezrtond Waters, 1835 Seninole Road, President of North Beaches Association indicated the application to rezone had been pm~pted by the request of a builder who had wanted to build eight units where fornerly a bungalow a;d gazage apartment had been located the City of Jacksonville had reduced the nwrUer to six, a~ this had been further reduced to four units. the prinre objective of the North Beaches Association was to further reduce density in the azea. Others speaking in favor of the rezoning were Don Smith, 1675 Beach Avenue; Elliot 2isser, 1937 Beach Avenue; Stuart Kimnell, 193 Beach Avenue; Jerry Pietan, 1877 Beach Avenue; Jim Pelke, 1887 Beach Avenue: Michael Lanier, 1766 Pazk 7brrace Ylhst; Curt Ford, 1658 Selva Grande, Owner of Lot 48; aril Con 4blfson 1725 Beach Avenue. NAME OF COMMAS. M S V Y V N Cbolc lliris z 4hd~r non i; ford ~, n PAGE Tr1D MIMR'FS APRIL 24, 1969 budget needed to maintain a full time program. He requested the Ca~mission to consider subsidizing the club so it could continue offering a full time program. Mayor Glilliford requested the City Manager aid Ms. Blanchard t~ follo.~ up on this and present their recamendations to the Camussion. •. Oon.~mt Agenda A. Aclvnwledge raoeipt of City Manager's report m the probable price of ~ ~ on S®imle Ii~ad just off of Atlantic Boulevard B. Authority for the City Manager m ~ ,++~,a~ the necessary ~ equipvait for use in ~**,~:T vith the hard-held mer..r readiiq units and the update for the prate sing of rra.+~r-t:...= in the am~mt of ;3,03#.00 C. Aclo~wrledge xeeeipt of City Mv:agESr•s report on the preparatirn of plans a`d specifiratirns for paving afd dr.,;nxs. m Beach Avenue [Orth of 20th Street D. App¢we the paving of SGa+divant Street fr® Semimle Road wrst to be includud in the Ciry's paving program E. OJnfirm the appointment of Rnald Della Porta as the fifth member of the Pensim Board of Trustees for a tra-year tezm ceding Deer 31, 1990 F. Ado~orledge report fx+~ the City Manager irdirating the possibility of particlpdtlrg in a portim of a ;200,000 appavpriation frtm the City of Jar)<w,vitte for the repyir of sand facing aed hea[3~ aooe's B. the suer mitls~~pa~tmloth~e ~ ~ ~le~hat~rhLv~gs I. Appswe Budget liesolutim !b. 89-20 to :.v..r,aoo the amount of overtime in the Police Departma~t hY ;25,000 J. Appivue preparation of plans Nd specificatims for additimal paving aId lighting imlaov~ts in Wessell Park aId approve the list of st*+~wt= for *+~~~-ing R. Advnvledge mina-.rim frtm tlp City Of JdLit9nrtvil to it p1aRs tv allocate to the City of Atlantic Boadt ;155,000 far develoEment of a zegimal park and capital impro~s at Wts9ell Park L. Approve Budget Pesolutian #89-21 in amourt of ;37,000 to oo~tor., state ve:dated ~rhv~sive ;r,m,rar,rn plan NAME OF COMMAS. M S V Y V N N]Ii7145 OF 1fiE 1a9(~AR lFE173iG GF 1~ ATLANPIC B~ C11Y CV!- lQSSION BE1D AT CITY BAi7. CN APRII. 24, 1989, AT 7:15 P!1 PRESENT: William I. GUlliford, Jr., Mayor/Cormissioner Robert B. mok, Sr. Glenn A. Fdvards Alan C. Jensen, and Adelaide R. Tucker, Commissioners A[~ID: Richard C. Fellows, City Manager Daniel P. I.iverrrore, Acting City Attorney Maureen icing, City Clerk ABSENT: Claude L. Millis, City Attorney The meeting was called to order by Mayor Gullifc 'd. the invocation, offered by Cnm~issioner Cook, was followed by the pledge to the flag. 1 Approval of tte sirartes of the rem ~ mot" of April 10 1989. potim: Appaoue adnrtga Of the regular maetug of April 10, 1989 No discussion before the vote. The notion carried unanimously. 2. Bim~temial Ceraary hororim the first presida~tial iru,rn+r»tjpn Cannissioner 7UCker oFrred the ceremony by offering the prayer George Washington had prayed before he was inaugurated as our nation's first president; this was followed by the pledge to the flag led by Comnissiorer Edwards; Ccmnissiorar Jeruen read a proclamation in ecmnenoration of the inaugural journey of George Washington fran Mwnt Vernon, Virginia, to New York City for his inauguration on April 30, 1789. Caimi.ssioner Cook and City Manager Fellows also oamented briefly the life of George Washington and on his inauguration. City Manager Fellows thanked Rose Blanchard for putting the Program together and for making everyore more aware of their heritage. 3. ttmxcition of Visitors Bob Jackson, 331 East Tenth Street, Jacksonville, F]cecutive Director of the Boys and Girls Club, addressed the City Conmission relative to the club's youth activities in Donner Park. Fie said sore of the club's funding }dd been discontinued, leaving only f13, 000 from the City of Jacksonville for their activities. They had tried to rtaintau. a Fort-time program but it had rot been successful and they had had to discontinue their program in Donner Park. FIe indicated he had met with Parks and Recreation Director Blanchard and City Mager Fellows and had worked out an annual budget of ;33,000. The Club had been able to get some additional fording but they were still sate ;16,000 short of the anticipated 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 O~olc x Edrards x x Jensen x Tlxjrer x x Q~llifrnrl x STATUS RFPORT...page 3 Mr. Greg Shenek, operator of the Atlantic Village Mobile Nome Park, has approached [he City to ask about [he possibility of leasing a pproximacely one acre of property lying to the east of [he Atlantic Village Mobile Home Park which was Che location of the old Buccaneer Hater and Sewer Treatment Plant. This property is no longer being utilized by the City and he would like to lease it [o set up a playground and recreation area for Che children living in the mobile home park. There is a possibility if the Ci[y wishes co dispose of the property a[ a lacer dace [ha[ he may be interested in purchasing 3[. This will be a discussion item for Monday nigh[. He are eoeloeing a copy of a letter from Lester Griffis, Ci[y Manager of Jacksonville Beach to Ivan Browning in regards [o Che Hari[ime Exhibition planned a[ [he Flag Pavilion in Jacksonville Beach on August 11,12 and 13. The letter indicates the Community Affairs Committee of Jacksonville Beach appointed Councilwoman Bennie Furlong Co approach each of the beach communities in regard [o defraying the cost of the Flag Pavilion in the amount of §1,000 each. The Commission may wish to ask Mr. Mullis his thoughts in regards to this req nest of the expenditure. If you have not already received a copy ve are including a copy of Ciaude Mullis's letter to Mayor Ish Bran[ and members of [he City Council of Neptune Beach. 'fhe Co~tnity Development Board has me[ and considered a proposed Ordinance amending Che land area requirements of the Planned Unit Development portion of our zoning Ordinance. We are enclosing a copy of [he Ordinance along with [he minutes of [he Community Development Board indicating [hey are recommending [he City Commission consider approving this proposal. This would provide the basis for any further Contract Quality Developments and would 6e in the opinion of staff much easier co in[e rpze[ and administer. If [he Commission finds it in order it may be introduced and set for public hearing a[ [he appropriate time. 't'here will be a public hearing on two Ordinances on Monday nigh[. The first is Ordinance t90-89-I41 having [o due with Che manner of measuring fence heights. I have asked Community Cevelopment Director Angers to be on hand [o answer questions regarding this proposal. Second is Ordinance E90-89-143 amending the official zoning map to rezone land owned by Stephen Mabry from RG2 [o CG and will be se[ for public hearing and final reading. The pert meeting of [he Beau [ifica[ion Committee will be a[ 7:30 P.M. May 10, 1989 and [here will be a workshop meeting of the Board of Trustees of the Atlantic Beach Pension Fund on June 19 at 7 P.H. Ye are enclosing copies of [he minutes of [he May Ist Atlantic Beach Board of Trustees Pension meeting. STATUS REPORT...page 2 In tomection with [he paving and drainage improvements on Beach Avenue North of 20th Street and [he paving overlay of Surd ivan[ Avenue from Seminole Road west to the back of the existing shopping center we have authorized Connelly and Wicker [o provide [he bid and inspection services for these two projects at a cos[ of $1,800. !lark Rredell has filed an appeal on the action of the Community Development Board in denying his request for a variance on a 50'X 50' loe on Beach Avenue at l8[h Street. Along with a copy of his letter I am sending you the appropriate section of [he Ordinance Code Section 14-24 Governing Appeals and it will he necessary for the Ci[y Commission [o se[ a public hearing on Chis appeal and give Hr. Kredell an opportunity to be heard. With your concurrence we will schedule this as a consent agenda item with a public hearing to be scheduled at [he next meeting which will be May 22, L989. One of [he streets included in the Proposed Paving Program for this year, which we mentioned last meeting, is Jordan Street between Frances Avenue and the Church. Because of [he uncertainty of Che existing righ t-of-ways in this area we are authorizing Connelly and Wicker co provide a survey along with the necessary paving and drainage plans for this street and Che St. Johns River Water Management Dis[ric[ Permit Preparation for a total fee not [o exceed $3,600. The Commission previously approved including Jordan Street as part of our paving project. A letter has been received from Fredrick Aldridge regarding [he jet ski boats which were discussed briefly with Chief Thompson a[ one of Che recent meetings. This will be acknowledged in the consent agenda. I discussed i[ with Chief Thompson and we viii see how [he lifeguards do keeping [he jet skiers 200' off shore during the Sumer. If some additional legislation is needed in Che fall we can diseuss i[ at [ha[ time. 0tgineera Eessw[, 9as•ack and Rockmart have indicated extensive personal contact work is going to be necessary in [he development of [he Section H Special Assessment Program. The personal contact work will require the acquisition of 25 [0 50 special easements from private property owners [o provide the necessary drainage rights-of-way in connection with the paved streets antidpated to be installed. It also will be necessary to negotiate with one or more property owners on additional land for retaining ponds. Inasmuch as this project vas spearheaded by Former Mayor Howell, [he engineers felt he would be an excellent person [o manage Chis project. I have made arrangements Co contract with him for this service as Project Manager of [he Section H Special Assessment Program. If there are any questions regarding Section H they may be referred to Mr. Novell who has agreed to undertake this work on a par[-time basis. He has informed me incidentally, bids will go out on Hay 15, 1989 and will be due ba<k on June I5, 1989 for this project. Ye are enclosing copies of [he bid tabulations on bids reviewed on May 2nd. A report and recommendations from Comissioner Edwards and the Awards Comi[tee will be prepared for [he meeting of Nay 22. CITY OF ~~--"""~ - ~ tI60CEA1BOULE\'ARD ___ P. O. BO%26 ~-- ATLANTIC BEACN. FLORmA32233 /\ TELEPHONE 19W12~42396 Hay 4, 1989 M E M O R A N D U M T0: The Honorable Mayor and City Commissioners FROM: City Manager SUBJECT: STATUS REPORT Please find enclosed your minutes of the regular meeting of April 24, 1989 along with any mail from }•our mailbox which you have not already picked up. In regards to the rezoning Ordinance considered a[ Che last meeting to rezone Lo[s 41-60 North Atlantic Beach Uni[ Two from RG2 to RG1 be advised we have examined the City's Comprehensive Plan specifically [he draft of Che Coastal Management/Goose rvz[ion Element, a copy of which we are enclosing for you. Please note nn page 29 objective 1.5, which indicates [he Ci[y will use land use and zoning to limit the development of shoreline sites. This could conceivably indicate that a down zoning of [his area of RG2 to RCI would be more in harmony with the Comprehensive Plan than for it to remain the wzy i[ is. With certain modifications it may be possible for the Ci[y Commission on its own initiative to file a request for rezoning if a member of the Commission wishes to bring such a question to the floor. Please call me if I can provide you with any additional information. Haelosed are Cwo pamphlets from Claude Mullis which he received at the National Institute of Municipal l.aw Officers. One is a piece on Innovative Land Use Proposals and the other happens to be on Municipal Inves[men [s. I found both of these to be extremely interesting particularly the latter. Yoo Della Porter's resignation from [he Code Enforcement Board is included. Mayor Gulliford will be asking for the Board's concurrence in the appointaent of F.d Martin [o fill this position. This will be an agenda item for Monday nigh[. A letter frame Walter Parks is enclosed which is self-explanatory. Nerving been [he City Engineer on previous occasions he should be aware of [he fluctuations of water meter readings. We are also including a thank you letter from the American Red Cross in regards [o [heir circus held out on Mayport Road. r.. f~. {y. F. ~. K. Acknowledge recipt of minutes of Board of Trustees for Atlan[Lc Beach Pension Fund for meeting held May 5. 1989. ~ ~ 4. Colt tee Reports: 5. Ner Business: A. Commission discussion an a request by Greg Shenck of [he Atlantic Village Mobile Home Park for [he lease of an acre of ground which vas formerly used as the location for [he Buccaneer Waste Water Treatment Plan[ facility. B. Action on a letter from Lester Griffis, City Hanager of Jacksonville Beach indicating the Community Affairs Committee of Che City of Jacksonville Beath has asked [he three beach rommunitles to split Che cos[ of 33.000 for [he use of the Flag Pav 111on Sn connec[Lon with the Maritime Exhibi[Son [o be held Angus[ I1, 12 and 13 C. Action by the CS[y Commission on a proposal by Mayor William Gulliford to appoint Ed Martin as a member of [he Code Enforcement Board D. Fu rt hrr ,H nn,ssions by the City G,mm Ssa(mi m, Conenlanloncr Jensen's report rela[Sve to the Ci[y Attorney 6. Action on Ordinances: A. Ordinance 90-89-142: introduction and firs[ reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beath, Florida; amending Chapter 24, Article III, Division 6, Section 24-129 [o provide exception Co site requirements in a Planned Uni[ Development and se t[ing a public hearing for May 22, 1989 B. Ordinance 90-89-141: public hearing and final reading of an Ordinance amending the Ordinance Code of the CS[y of Atlantic Beach; amending Chapter 24, Article IlI, Division 7, Section 24-157(a) to establish a method for measuring height of fences and walls C. Ordinance 90-89-143: public hearing and final reading of an Ordinance amending the Ordinance Code of [he CS[y of Atlan[Sc Beath; amending Chapter 24, Che Comprehensive Zoning Ordinance and Land Development Code by amending the official zoning map to rezone land owned by Stephen H. Mabry and described on exbibl[ "A" attached hereto from RG2 to CG 7. Mlacellaneoue Business: A. Authority Co appropriate ;I,500 Eor a membership fee in [he "Keep America Beautiful" organization in support of the Atlantic Beach Beautification Committee activity 8. City Manager Reports: 9. Mayor to call on City Co~iasioners, City Attorney, City Clerk for reports/or requests: Adjournment CIYY OP ATLANTIC BEACB REGULIR MBETING MONDAY, MAY 8, 1989 1 ACEii11A Call to Order Invocation and Pledge co the Flag `~ Approval of the minutes of the regular meeting of April 24, 1989 2. Recognition of Visitors 3. Consent Agenda: A. Acknowledge receipt of a copy of a portion of [he draft of the Coastal Management Conservation Element of the City's Comprehensive Plan indicating the desirability of decreasing density along shoreline eLtes B. Acknowledge receipt of a [rat[ on innovative land use proposals prepared in connection with the annual meeting of the National Institute of Municipal Law Officers C. Acknovledge receipt of a paper on municipal investments prepared in connection with [he National Institute of Municipal Lav Officers D. Acknovledge reteip[ of, and accept vi[h regret, [he letter of resignation of Ronald Della Ports as a member of the Atlantic Beach Code Enforcement Roard E. Acknowledge letter from Waller J. Parks, Jr. requesting adjustment of eater and sever bill F. Acknowledge receipt of a letter of apprecfatlon Erom Bernard Boldstad, S[a[ion Hanager of the American Red Cross, on [he successful completion of [heir fund raising carnival G. Acknowledge agreement vi[h Connelly and Wicker Engineers for bid and inspection services in connection vi[h Che extension of Beach Avenue North of 20th Street and the paving overlay of Surd avant Avenue and related parking area adjacent Co [he Tax Collector's Office in Atlantic Beach H. Acknovledge reteip[ of an appeal from Mark J. Rredell appealing a decision of the Community Development Board on the denial of a variance for the development of a 50' A 50' lo[ at L8[h Scree[ and Beach Avenue and setting of a public hearing for May 22, 1989 I. Acknovledge agreement be[veen the City and Connelly and Wicker Engineers for engineering and surveying fees in connection with [he City's annual Paving Program for plans and specifications for the paving of Jordan Street east of Frances Avenue J. Acknowledge receipe of a letter from Fredrick 5. Aldridge, 1555 Selva Marina Drive regarding his concern on the dangers inherent in [he use of jet skis in [he Atlantic Ocean rear svimmSng areas MAY s. b:@..ua ~