11-01-88-- ~ 4 G~:.~v°" yam: :-.in ~-~~..-
tiuTICP OF
CF(ANGE GF LAtiD USE
The City Commr~sion o1 the City o1 At.lantic
death, Florida propcces to ch~nq-~ [he use v1
land srth vi the area shuvn on the nap iu this
a~VertlEe mE'n t.
A Public Hl'ar1nQ or. the proGOEaI will be held
on Auyust b, 19bb at 7:15 p. R.. at Crty kta 11,
%ib Ocean boulevard, Atiant>c Leach, i'l orida.
All ir.tereEted parties may appear at the
mec[ang artl be hE-ard reyardrng tRe pr opoeec
change.
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although within a particular profession, to the interest end
purposes of the municipality and would ba proper municipal
axpanditurea for a public purpose.
It should also b• noted that thar• era professional
orgsnizations composed of professions which era primarily in
themselves municipal or governmental in nature, such as city
managara associntions, nssocintione of Lira chiats or police
chiefs. In these instances even though the organization may ba
composed exclusively of members o! a pnrticular profession, the
organizntion iteal! primarily ssrvea a public purpose.
Prolassional dose Lor membership in organizations whose
primary tunction is to servo the interests of the members of that
profession and which is only incidentally serving the interests
o! the City, avan though such membership may ba a requirement Lor
employaant with the City, era not properly payable by the City.
Certnin proiaseional organizations which exist solely for
profeasione of a municipal or governmental nature such as city
managara, llnanca officers, Lire chiefs, etc., would ba an
exception to this rule.
Dues for membership in organization in which the City has a
primary interest Sn joining the organization ae a municipality
and daeignntinq rapresentntives from among its employees, or
where mambarahip by a particular individual in such organizations
serves a primary benaf icinl purpose Por the City, era proper
expenses for a public purpose, avan though the interests of the
individual may coincidentally ba earvefl.
C LAUDE L MULCTS
~- _
What is public uea is not capable of absolute detinition. a
public use changes with changing conditions of society, new
appliances in the sciences, and other changes brought about by an
increase in population and by new modes of transportation and
communication. The Courts as a rule have attempted no judicial
definition of public purpose as distinguished from a private
purpose, but have left each case to be determined by its own
peculiar clrcumatances. Generally, a public purpose has for its
objective the promotion of the public health, safety, morals,
general walfara, security, prosperity, and contentment of all
inhabitants or residents within the municipal corporation, the
sovereign powers of which are used to promote ouch public
purpose. Sea Am.JUr., Manic pal Coroorationa.
"Thera is no universal test for dietingviehing between a
purpoa• which is public or municipal and, tharalore, a proper
object of municipal expenditure end one which Se private and,
therefore, an improper object to which to devote public money.
Each teas must ba decided in the light of the existing
conditions, with respect to the objects sought to be
accomplished, the degree and manner in which that object affects
the public walfara, and the nature and character of the thing to
ba done; but the Court will give weight to a legislative
daterm ination of what is n municipal purpose, ns wall ae wide
spread opinion and general practice which regard es city purposes
some things which may not be such by absolute necessity, or on a
narrow interpretation of constitutional provisions. Where an
appropriation of public lands is primarily for public purposes,
it is not nacasearily rendered violative of constitutional
provisions against gifts and loans of public credit by an
incidental result which may be of private benefit. On the other
hand, if the result is chiefly that of private benaf it, an
incidental or even ostensible public purpose will not save its
constitutionality." 64 C.J.S., Municipal Coroorations, Section
18358, pages 334,335.
Th• general rul• is that if the expenditure is one which
primarily benefits or serves the interests of the City and ie at
the most only incidentally a benefit to the individual's private
purposes, then it is a proper expenditure for public purpose.
For example, membership in organizations each as The Florida
Bar, Tha Jacksonville Sar and The American Bar or the respective
similar organizations of the Medical Association, or Civil
Engineers, C.P.A.s, nurses, etc., would be primarily personal to
the individual with regard to his relationship with his
profession, regardless of whether such membership might
technically ba required for employment with the City in the
capacity in which ha may be employed. On the other hand, payment
of dual Sn the National Institute of Municipa: Law Officers, the
Florida League of Cities, National Association of Municipal
Pinanca Officers, etc., would be organizations primarily oriented
C LAU DE L MULCTS
^I think that any public interests served by
e Stnte Attorney or Public Defender being a
member of the Florida Bar or a local bar
association is too remote and incidental to
admit of a holding that his payment of dues
is for a public purpose. The fnct that a
Stat• Attorney or Public Defender may have
•lectad full-time service at increased
companention dose not make his payment o!
dues a disbursement for public purpose, even
though the public ie incidentally benefited."
Th• issue is whether or not membership in the particular
association or group in question is personal to the individual's
membership and participation in his profession even though
membership or qualification in such professional organization may
ba a requirement by law !oz employment with the government. If
•o, than the reasoning of the Attorney General would apply and
payment for membership dues in such professional associations
should be made by the individual and would not be a public
purpose permitting payment by the government.
Reasonable expenditures of government funds !or membership
in state and National leagues of municipalities and municipal
officers, ae well as for attendance nt conventions are proper. 2
Antiau: Municipal Corporation Law, Section 456.26.
Ones of the most enlightening case^ is States ex rel. McClure
v. Hagerman, 90 N.E.2d 835 (Ohio 1951), in which the Ohio Supreme
court ruled that the City of Dayton, Ohio, could properly pay the
coat of membership in the Municipal Finance 0lticars Association
o! Ohio for its City Manager.
In City of Roseville v. Tn13aV, 55 Ca1.App.2d 601, 131 p.2d
395, the California court held that the City of Roseville could
legally pay the expenses oP two city councilmen, the city clerk
and the city attorney, as delegates to the annual conference of
the league of California cities as being a public purpose.
In Touslev V. jsach, 180 Min. 293, 230 N.W. 788, the supreme
Court of Minnesota approved payment by the City of Minneapolis
for expenses of members o! the city's alderman and other
olf icials to attend the meeting o! the Hiaslseippi Valley
Association at St. Louis, a meeting of the Rivers and Harbours
Congress at Washington, D.C. and a meeting of the Asphalt
Association at Naw Orleans.
What ie a public purpose is not static and each generation
may determine its concept of these things. State V. Tallahassee,
142 Fla. 476, 195 So. 402 (Fin. 1940).
CLAD DEL MULLIS
v
a~,O~G,~~..~
110E OFFICES OF
Cuu~e L Muws
PaoFEAIONAL AuOCUiION
4250 LIKESIDE DarvE /SURE 114
UCKSONVIU.E. FI.DRIDA .32210
CIAUDE L MUtuS (904) :788-1289
From: Claude L. Nul11sA~\'
''UU
To: City of Atlantic
Beach
City of Neptune Beach
Town of Baldwin
Lake Asbury Municipal Service Benefit District
Ponta Vadra Community Association
Data: July 20, 1988
Subject: Legal Advisory Opinior.
Payment of Professional Dues
Tha question has been presented as to whether pnymant of
professional dues by the City on behalf of individuals in various
professions, including lawyers, engineers, architects, C.P.A.s,
nurses, doctors, and other professional groups is a valid
municipal expense when made on behalf of officers or employees of
the City Por whom they work.
In the instance o! lawyers, the Attorney General has issued
two opinions which are noteworthy.
Attorney General's Opinion 058-15 rendered by Honorable
Richard W. Ervin on January 4, 1968, stated:
"It is my opinion that the local bar
association and the Florida Bar dues era
private expenses, personal to the individuals
belonging to these organizations. ."
In that opinion, Mr. Ervin held that even though a special
or local law required a county Judge or Justice of the Peace to
be a member of the Florida Har, nevertheless, his Florida Bar
duos could not ba charged to the expense of his office.
Honorable Earl Faircloth issued Attorney General's Opinion
69-138, pertaining to the same question as applied to State
Attorneys and Public Defenders who elect full-time service, and
as applied to full-time judges, all of whom are required by law
to be members of the Florida Bar Association. General Faircloth
stated in that opinion:
DIVISION •A• <CONY'D)
BSOS-30-O1
No bid may be vithdravn for a period of 90 days after the scheduled closing
~; time for the receipt of bids.
1
The Ovner reserves the right to reject any or all bide and to vaive
infornalitiea.
S'
- Dnder direction from EPA and FDER, no bids viii be accepted from Japanese
citizens or nationals or firms controls directly or indirectly by Japanese
citizens or notional s. My bids received from such firms shall be deemed
nonresponsive and rejected. '.
CITY OF ATLANTIC BEACH, FIARIDA
By: /s/ Richard C. Pellovs
. City Manager -
PLEASE POBLISH ONE TIt7: IN THE TIMES OI:ION ON SATERDAY, July 23, 1988
AND FIiRNISN PROOF OF PUBLICATION. ATLANTIC BEACH PGRCHASE ORDER 43524
2 -
DIVISIOH •A• (CONT'D)
5505-10-OL
No bid may be withdrawn fot a period of 90 days after [he scheduled closing
time for the receLpt of bids.
The Ovnar reserves the right [o reject any or ell bide and to waive
informalities.
Under direction from EPA and FDER, no bide viii ba accepted from Japanese
citizens or nationals or firms controls directly or Lndirec tly by Japanese
citizens or nationals. Any bids received from such flrna shall be deemed
nonresponsive and rejected.
CITY OF ATIANTIC BEACH, FIARIDA
By: /s/ Richard C. Fellows
CLty Managnr
PLEASE PUBLISH ONE TILT: FN THE TIMES UI:ION ON SATURDAY, July 13, 1988
AND FIiRNI BH PROOF OF PUBLICATION. ATLANTIC BEACH PURCHASE ORDER 13524
_ p _
DIVISION "A" (CONT'D) - 8505-10-01
No bid may be wi thdravn for a period of 90 days after the scheduled closing
time for the receipt of bids.
The Owner reserves the right to raj act any or all bids and to waive
Snformallties.
Undsr direction from EPA and FDER, no bids vlll be accapud from Japanese -.
c itlzens or na[Sonals or firms controls directly or lndirscely by Japanese
citizens or naClonals. Any bids received from such firms shall be deemed
nonresponsive and raj eeted.
CITY OF ATIAN'fIL BFACM, FLORIDA
By: /s/ Richard C. Fellows
City Manager
PLEASE PGBLISH ONE TIP7; IN THE 7I?GS I,T:ION ON SATERDAI'~ Juh' 13. 1988
AND FliRNISH PROOF OF PUBLICATION. ATLAHTiC BEACN PGRCHASE ORDER F3524
2 -
NAJOR SEf1ER ssuaDILITATION - rNASE II
PAST I - EPA PROJECT N0. 0120747060
PART II - EPA PROJECT N0. 0120747070
SAC PROJECT N0. 8505-10-01
ATLANTIC BEACN, FiARIOA
DIVISION 'A" July 23, 1988
Sealed proposals, submitted in duplicate, will be received by the City
Manager of the City of Atlantic Beach, Florida, at the City Hall, until 2:00
p.m., local time, September 8, 1988, at which time bids will be opened and
publicly read for the consctuction of lLJor Sever Rehab ilLcation Phase II,
Part I - EPA Pro~ec[ No. 0120747060 end Part II EPA Pro~act No. 0120747070,
SAG Pzo~ect No. 8505-10.01, for the CLty of Atlantic Beach, Florida.
The rock tom is is of furnishing all labor, materials and aquipsen[ necessary
to construct the follovLng:
Perform sut~or sever rehab111tation on portions of the exLs Ling
sanitary sever system in Atlantic Beach, Florida. The methods to
be wed include: Part I replacement of 560 feet of pipe, 81
point repairs and asaoclatad miacsllansow repair, and Part II-
replatemant of 290 feet of pipe, 88 point repairs and assoc Laced
viseallaneow repair, all rlthin the szis tang sanitary serer
system, of which the pipe sizes vary from 6-inch through •12-inch
diaaetsr.
Plana, specifLcations and contract doeusen[a will be open to publLc inspection
at the office of the City Manager, CLty Hall, Atlantic Beach, Florida, or
may be obtained from Smith and Gillespie Engineers, Inc., P.O. Box 53138,
Jacksomiile, Florida 32201, upon payment of $63.30, which amount cons tituces
the cost of reproduction and handling and includes $2.86 sales tax. This
paysenc vLll not be refunded.
Only complnte seta of plans and spec Lfieatlons will be distributed.
Bids wt be accompanied by a certified check of bid bond in an amount not
leas than fivn (5) percent of the bid.
This project is to be financed in part by a gran[ from [he United States
Enviromm~tal Protection Agency. Neither the USEPA nor any of its departments,
agencies oz employees Ls or will be party to this Invitation co BSd or any
resulting contract. This procurmm~t will be subject to regulations contained
in 40 CFR Parc 33, published Hay 12, 1982, and revised March 28, 1983.
Bidder may bid on one or all pares, where applicable. Separate contracts
may be ararded for each part as selected by the Owner.
- 1 -
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r
r
MAJOH SEVEH tEEABZzsTATIOM - PHASE II
PART I - EPA PROJECT M0. 0120747060
PART II - EPA PROJECT Ip. 0120747070
SAC PHOJECT N0. 8505-LO-O1
ATIeNTIC HEACN, PIAHIDA
DIOZSION 'A' July 23, 1988
Sealed proposals, subvitted Ln duplicate, will bs received by the City
Manegnr of the City of Atlantic Beach, Florida, at the CLry Nall, until 2:00
p.m., local time, September 8, 1988, at which rive bids rill be opened end
publicly read for the construction of N,j or Sever Rehabilitation - Phase II,
Part 2 - EPA Project No. C1207470fi0 end Part II - EPA Proj ac[ No. 0120747070,
SAC Project No. 8505-10-01, for the CLty of Atlantic Beach, Florida.
The work consieta of furnishing all labor, vateziala and equipvent necessary
[o Construct the following:
Perform major sever rehabilitation on portions of the existing
sanitary sever systev in Atlantic Beach, Florida. The methods to
be wed Lnclude: Part I - replacement of 560 feet of pipe, 81
point repairs and associated mLSeellanaow repair, and Part II-
replacemanC of 290 feet of pipe, 88 point repairs and associated
viecsllaneow repair, all within [hs existing sanitary sever
systev, of which the pipe sizes vary frov 6-inch through •12-inch
diameter.
Plans, apecificatians and contract docuventa will be opnn to public inspection
at [he office of the CLty Manager, City Nall, Atlantic Beach, Florida, or
may 6e obtained frov Smith and Gillespie Engineers, Inc., P.O. Box 53138,
Jaeksomille, Flarida 32201, upon payment of $63.30, which avow[ constitutes
the cost of reproduction and handling and includes $2.86 sales tax_ Phis
payment will not be refunded.
Only complete sets of pltm and specifications will ba distributed.
Bids must bs accompanied by a certified check or bid bond in an avow[ not
less [tun five (5) percent of the bid.
'This project is to be fLnanced Sn part by a grant from the United States
Emironeental Protection Agency. Neither the USEPA nor any o£ its departnen[s,
agencies oz employees is or will be party to this Invitation to Bid or any
rasultLng contract. This procurement rill be subject to regulations contained
in 40 CFR Part 33, publLshed Nay 12, 1982, and revised March 28, 1983.
Bidder .ay bid on one or all parts, where applicable. Separate contracts
may be awarded for eeth part as selected by the Owner.
1 -
r...
~.
C
MAJOI SEVPA REHABILITATION - PHASE II
PART I - EPA PROJECT N0. 0120747060
PART IZ - EPA PROJECT N0. 0120747070
SAC PROJECT N0. 8505-10-01
ATLANTIC BEACH, PLORIDl1
DIVISION 'A' July Z3, 1986
Sealed proposals, submitted in duplicate, will be reteivad by the Ci[y
Manger of the City of Atlantic Beach, Florida, at the City Hall, until 2:00
p.m., local time, September 8, 1988, et which tine bids will be opened and
publicly read for the conatzuction of Major Sawar RehabLlltation - Phase II,
Part I - EPA Proj eat No. 0120747060 and Part II - EPA Proj act No. 0120747070,
SAC Proj eat No. 8505-10-01, for the City of Atlantic Beach, Florida.
The work consists of furnishing all labor, ntarLals and equipment necessary
to contract the following:
Perforn major serer rehab111tation on portions of [he existing
sanitary sever system Ln Atlantic Beach, Florida. The se[hods to
be used include: Pert I - raplacepnt of 560 feat of pipe, 81
point repairs and associated miaeellaneoua repair, and Part II-
raplacemsnt of 290 feet of pipe, 88 point repairs and aeaoc iated
miacallanaow repair, all within the existing sanitary sever
system, of which the pipe sizes vary from 6-inch through -12-inch
diameter.
Plaru, spaciffeatLon and contract documents will ba open to public inspection
•t the office of the City Manger, City Hall, Atlantic Beach, Florida, or
my be obtained from Smith and Gillespie Engineers, Ina., P.O. Box 53138,
Jackaomille, Florida 32201, upon payment of $63.30, which amount con ti lutes
the coat of reproduction and handling and includes $2.86 sales tax. This
payrnt will not be refunded.
Only complete seta of place and specifieationa will be distributed.
9£ds must be accompanied by a certified check or bid bond in an amomt not
leas than flue (5) percent of the bid.
This prof act !s to ba finnced in part by a grant from the United States
Em£ronmsntal Protection Agency. Neither the USEPA nor acry of Sts dapartaents,
agencia• or employees is or will be party to this Icrvitatlon to Bid oz any
resulting contract. This procurement will ba subject [o regulation contained
in 40 CFR Part 33, published Nay 12, 1982, and revised March 28, 1983.
Bidder may bid on one or all parts, whore applicable. Separate contracts
say be awarded for each part as selected by the Omar.
- 1 -
.~_
IN WITNESS WHEREOF, the undersigned have hereunto set
their hands and affixed the seal of the Public Agency, duly
attested this day of
[SEAL] CITY OF ATLANTIC BEACH ,
FLORIDA
Hy~~€~~~~ e~~ 0 ~ /
Attesnt :~~ ~~JJ n~ ~ nn yor
By: QQL'X~i ~ ~LL~G~
Title: CSry Clerk
~-
L.-:~_
the transactions contemplated by the Participation Agreement,
this Request for Advance, or any provisions of the Public Agency's
Charter or, if applicable, any special or general acts or laws
governing the ability of the Public Agency to incur debt for items
such as the Project, which are material to the transactions con-
templated by the Participation Agreement and this Request for
Advance, and has all requisite power and authority to execute and
deliver this Request for Advance.
7. The Public Agency has obtained all necessary
permits, licenses, and certifications to undertake the actions
contemplated hereby and to Finance, refinance or be reimbursed
tor, the cost of the Project from the funds to be disbursed
hereunder.
8. The Participation Agreement is in full Force and
effect and continues to be a valid, enforceable and Legally
binding obligation of the Public Agency, enforceable in accordance
with its terms, except to the extent that the enforceability
thereof may be Limited by laws relating to bankruptcy, insolvency
or other similar laws affecting creditors' rights generally and
the Public Agency has received all consents, approvals and author-
izations of governmental authorities or agencies requires for
incurring the debt represented by such documents, including
amounts which will become outstanding pursuant to this Request
for Advance and for the continued performance of such documents.
9. there is no litigation or legal or governmental
action, proceeding, inquiry or investigation pending or, to the
best knowledge of the undersigned after due inquiry, threatened
by governmental authorities to which the Public Agency is a party
or of which any property of the Public Agency is subject, which,
if determined adversely to the Public Agency, individually or in
aggregate (i) affect the validity or enforceability of the Parti-
cipation Agreement or (ii) otherwise materially and adversely
affect the ability of the Public Agency to comply with its obli-
gations under the Participation Agreement.
Agency setLforthhinrtheePacticipationdAgreementeareftrue andlic
correct on the date hereof and the Public Agency is in compliance
with all terms, covenants and conditions of the Participation
Agreement on the date hereof.
11. The Public Agency does not plan to use, or permit
the use oE, the Project, except as permitted by the Participation
Agreement.
-3-
funds disbursed pursuant to this Request Eor Advance within
thirty (30) days of the date hereof.
3. The amounts, if any, requested Eor disbursement
hereunder which are being used to refinance any outstanding debt
of the Public Agency will be utilized to refinance only the
outstanding balance of said debt and, unless a written opinion
of Bond Counsel is atcached hereto approving the refinancing of
such debt, interest on such refinanced debt was not exempt from
Federal income taxation, and upon the refinancing of such debt,
the cancelled note will promptly be delivered to the Trustee for
attachment hereto.
4. To the extent amounts, it any, requested herein
are being used to reimburse the Public Agency for all or a portion
of the Project which was previously purchased, such reimbursement
does not exceed the amount of proceeds expended to finance the
Project less accumulated depreciation.
5. The Public Agency will not use any of the proceeds
of this disbursement to purchase or carry any "margin security"
within the meaning of Regulation U of the Bcard of Governors of
the Federal Reserve System or in any manner that would cause the
Bonds (as defined in the Participation Agreement) to be "arbitrage
bonds" within the meaning of Section 103(c) of the Code and the
regulations promulgated thereunder and will take such actions as
are necessary and within its power to assure that the interest on
the Bonds will not be subject to Pederal income tazatidn by virtue
of the Bonds being "arbitrage bonds". The Public Agency will not
use the proceeds of the Advance to pay, finance, refinance, oc
reimburse itself Eoc the cost of property used directly or indi-
rectly in any trade or business carried on by any person other
than a governmental unit other than ae a member of the general
public; provided, however, that tha Public Agency may use the
proceeds of the Advance in such a manner it it complies with the
provisions of Sections 2.02(a)(2) and 2.01(i) of the Participation
Agreement (relating to maintaining the tax-exempt status of the
Bonds, retention of title to the Project and obtaining written
approval of the Administrator, the Banks and Bond Counsel).
6. The Public Agency is a Taz-EZempt Organization (aa
defined in the Participation Agreement), validly existing under
the Constitution and the laws of the State of Florida, with full
power and authority to own its properties and conduct its business
as presently owned and conducted and to the best oC our knowledge,
after due inquiry, is not in violation of any lava material to
-2-
_.
REOUEBT FOR ADVANCE
The undersigned, the duly authorized Aayor
of Tne cicv of atlantic seach Florida (ihe "PU is Agency") sub-
mits this Request for Advance on behalf of the Public Agency Eor
5117,774.93
__purouan o ec ion o a ter sin
Participation Agreement by and between the First Municipal Loan
Council (the "Council"), and the Public Agency dated as of August
26, 1986 (the "Participation Agreement") and relating to the
Council's Florida League of Citie9 First Municipal Loan Program
(the "Program"). The Trustee shall disburse the amount requested
herein to the Public Agency Eor the purpoae(s1 listed on composite
Exhibit A attached hereto and made a par t. hereof (collectively,
the "Project").
Attached hereto as composite Exhibit A are certain docu-
ments which among other things, (i) verifies that the amount
requested herein does not exceed the cost paid or inc4rred by the
Public Agency for such Project prior to the disbursement of the
funds requested herein and, when disbursed, the total amount dis-
bursed to such Public Agency pursuant to Sections 4.03 and 4.04
of the Participation Agreement does not exceed the Public Agency's
Loan Amount as set forth in Section 3.01 of the Participation
Agreement unless a writing has been attached hereto signed by the
Administrator and the Agent Bank stating that the Public Agency
is eligible for such increased amount and (ii) sets out all neces-
sary information concerning the useful life expectancy of the
Project (or to the components of the Projee[ iE the components
will be listed separately on the Public Agency's depreciation
schedule).
The undersigned, an behalf of the Public Agency, hereby
certifies that:
1. The Project (aa described in Exhibits A and B) has
been purchased, ordered ar installed by the Public Agency and
payment therefore is due and owing within 30 days of the date
hereaE or hoe been previously paid by Borrower and the disburse-
ment of the Eunds herein requested has been approved by the
Administrator and ehe Banks.
2. except [or any portion of amounts disbursed
pursuant to this Request for Advance representing reimbursement
for prior expenditures, the Public Agency will Eully expend the
r
CITY OF
1~Alaardie ~caek - ~loTida
September 15. 1988
Mr. NSlliam I. Collins
129 Nandim Circle
Ponta Vedra Beech, Plorida 32082
Dear Nr. Collins:
)16OCEAN BOULEVARD
P. O. BOX 26
ATLANTIC BEACH. PLOamA erta9
TELEPHONE lead Y~&2te6
I e• pleased to inform you the City Commission, af[er public hearing at
!ta regularly scheduled mee[ing on Monday, September 12, 1988, gran[ed
your application for an exception to operate a mini self-service car-wash
in con]unctlon with convenience food store/gasoline Complex already
approved, in a CL zmning district.
Pleace contact Rene' Mgera, Comunity Development Director, at 249-2395
iE you have any questions regarding this action.
Sincerely,
Richard C. Pellowa
City Manager
cc: city llevelopmen[ Director
ty Clerk
CITY OF
s~Ratle $taek - ~lesidlt
t160CEAN BDULEVMD
_---._-_ _ _- ____ P. O. EOX rb
ATLANTIC BEACH. FIURD)A 94119
~\ TELEPHONE 190111H2196
Septesber 15, 1988
Mr. Al Leck, Trustee
Pirst Baptise Church of Atlantic Beach
1050 Mayport Rosd
Atlan[Sc Beach, Florida 32233
Deer Mr. Lack:
I n pleased to inform you the City Comleelon et its regular seating on
Monday, Septesber 12, 1988, after public hearing, has granted your
application for exception to operate as adulC day care center in a CG
zoning district.
Please contact Cossunity Development Director Rene' Angers, at Z49-2395
if you Mve any questions regarding this action.
Si~nce~re ly, .
JC,..I_~J) 2~ .
Richard C. Fello9re
City Manager
cc. nity Developsent Director
ty Clerk
14.- in
'.
CITY OF
J'~AaQCC ~iQtlt - 7lotlt~a
September 16, 1988
Theodore Aggelie, Deputy Chief
Florida Department of Labor and Employment Security
Division of Workers' Compensation
Bureau of Industrial Safety and Health
2l5 Market Street
Jackaomille, Florida 32202-2888
Dear Mr. Aggelie:
i160CEAN BOULEVARD
P. O. BOXffi
ATLANTIC BEACH, iTOamA 32633
TELEPHONE ImNl 2~aZf96
Th1e rill eeknwledge receipt of your letter of September 13. 1988, with
enclosed report on the safety and health inspection conducted in Atlantic
Beach on Augue[ 23, 1988, be Edgar Maroon.
The City of Atlantic Beach rill begin iseediately to rectify and abate
the problems outlined in the report. Pire Chief Walter Rar, Jr., [he
Clty'e safety officer, rill be actively working with the various
department heads to comply with the recommendations in the report and re
should be able to confirm compliance within a short period of time.
In [he meantime, please feel free to contact me or Chief Rev directly.
SSnce
Richard C. Fe llowe
CSty Manager
cc: Chief Rer
Department Reads
^ ~,_,>~.
Section 2.
Should any section or pr ow SSlon of [his Ordinance, or the
application of any pr ow islon of this Ordinance be declared by [he courts
to be unconstitutional or invalid, such declaration shall no[ affect [he
validity of the remainder of Chia Ordinance.
Section 3. ~
iha[ all Ordinances or parts thereof [ha[ are in conf lic[ with this
Ordinance be and [he same are hereby rescinded and repealed.
Section 4.
This Ordinance shall take effect immediately upon its adoption. !
f f • • • # R R • f #
Puesed by the City Commission on first reading
Passed by [he City Commission on second b final
YSlliam S. Howell, Mayor, Presiding Officer
Approved as [o form and correctness:
Claude L. Mullis, CS[y Attorney
ATTEST:
Adelaide R. Tucker, CS[y Clerk
-- _-.-_
}, The inspector shall sign and seal [he inspection
report vhich includes a certification that:
(1) The beachfront lighting has been constructed in
substantial accordance with [he terms of Chis
section.
(11) The beachfron[_ligh[Sng does not illuminate
7. The use of red, yellow, or orange lights is permitted
where security or safety is a concern, shielding Ss
impracticable or visibility from [he beach cannot be
prevented. Lov pressure sodium lights are also
acceptable.
b. Lighting for pedestrian traffic.
L Yeeeh--eeeeee-pe#nEer-done-ereeeerers-beach-re}kveysr
p}etc--er--eny--eEber--etrnelere-en-ee-seererd-a€-!he
pr#mery--drne--dce#gned--€er-pedeeEe#ert-!re€##e-she}}
nx--4he--m#n#mnm-emennE-ef-}#gME-necessary-Ee-ensure
eefely-
Beach access points, dune crossovers, beach walkways,
piers or any other structure designed For pedestrian
traffic shall use [he minimum amount of light
necessary Co ensure safety. These lights shall be
low profile luminaires, low pressure sodiua, or of
low intensity and recessed, or shielded so that the
source of light does not directly illuminate [he
beach.
2. Pedestrian lighting shall be cf low wattage and
recesaed or shielded so chat only deflected light may
be directly visible from the beach, or low pressure
sodium lights may be used.
c. Beachfron[ lighting approval: Prior [o the issuance of a
Certificate of Occupancy by [he Bu Slding Department,
compliance with the beachfront lighting standards as set
out in this section shall be approved ae follows:
Upon comple [Son of [he construction activities, a
registered Florida architect or professional engineer
shall conduct a site inspection vhich includes a
night survey with all [he beach front lighting corned
on.
2. 'ihe inspector shall prepare and report [he inspection
findings in yr it ing to the Building Department
identifying:
K:ye_._... ... --
m. Pole Lighting: LSgh[ fixture se[ on a base or pole which
raises the source of [he light higher Chan forty-eight
(48) inches off [he ground.
(2) Purpose and Appllca[SOn
IC is [he policy of Che Ci[y of Atlantic Beach, Florida Co
minimize artificial light illuminating area of Che beaches. No
artificial public at private light source shall directly
1l laminate areas seaward of the primary dune where it may deter
adult female sea turtles from nesting or disorient hatchlings.
a. Controlled use, design and positioning of lights.
1. The use of lighting for decorative and accent
purposes, such as [hat emanating from spotlights or
floodlights, is prohibited if visible from ocean side
of dune or vegetation line.
2. Abe--nel--e€--}€ghle-€ee-ee€e!y-ertd-neen!#Fy-pnlpeeee
she}}--be--}fm}led--ee-lhe-mfe}enm-enmber-lean}!ed-Fe
etA}ere-!he}r-fence}ene}-re}efs}.
3.
4. Wallmoun[ fixtures, landscape lighting and other
sources of lighting shall be designed and/or
positioned such chat light does not directly
it laminate areas seaward of the primary dune.
5. All lights on balconies shall be shielded from [he
beach or low pressure sodium lights may be used.
6. Lighting in parking lots within line of sigh[ of the
beach shall be positioned and/or shielded such that
only deflected light may be visible Erom the ground
level of [he beach.
_;_
Fixture ligl,[s shall be designed and/or positioned
such that [hey do no[ cause direct illumina[Son of
areas seaward of the primary dune and [hat only
deflected light may be directly visible from the
ground level of [he beach.
-,~ ,.
b. Beath access point: Shall mean any path through or over
[he dune used by [he general public or private property
owne is for the purpose of gaining access Co the beach.
c. Beach: That area of unconsolidated material along [he
Atlantic Ocean that extends landward from the mean low
eater line to [he place where [here Ss a marked change in
material or physiographic form, or to the line of
permanent vegetation (usually [he effective limit of storm
eaves).
d. Building Department: This is the Code Enforcement
division of the Ci[y responsible for issuing all building
permits, inspecting and enforcing all building and zoning
codes.
e. Dune: Shall mean a mound or ridge of loose sediments,
lying landward of [he beach and depoa i[ed by any natural
or artificial mechanism.
Floodlight: Reflector type light Eix[ure which is
attached directly to a bui]ding or post and which is
unshielded.
g. Ground-level barrier: Shall mean any natural or
artificial structure rising above [he ground which
prevents beachfron[ lighting from shining directly onto
the beach dune system.
h. Low Profile Luminaires Light fixture se[ on a base which
raises [he source of the light no higher than forty-eight
(48) inches off [he ground, and designed in such a way
that light is directed downward from a hooded light
source.
1. Nesting Season: Shall mean [he period from May 1 through
October 31 of each year.
j. Nev Development: Shall include nee tons[ ruction and
remodeling of existing structures when such remodeling
includes alteration of exterior lighting.
k. Permitted agent of [he State: Shall mean any qualified
individual, group or organization possessing a permit From
DNR to conduct activities related to sea turtle prc[ection
and conservation.
Person: Shall mean any individual, firm, association,
joint venture, partnership, estate, trust, corporation,
group, state officer, or unit of federal, state, county,
or municipal government, and all other assocla[icns and
combinations, whether public or private.
_p_
ORDINANCE NO. 95-88-3]
AN ORDINANCE AlfET1DING THE ORDINANCE CDOE OF THE CITY
OP ATLANTIC BEACH, FLORIDA; AMENDING CRAFTER 5,
CREATING ARTICLE III, PROTECTION OF SEA TURTLES;
PROVIDING POR LIGDTING STANDARDS POR NEW AND E7CISTINC
DEVEWP!ffi1T; PROVIDING DEFINITIONS; PROVIDING POR
SEVERABILITT; PROVIDING PENALTIES; PROVIDING FOR
CONPLICTINC ORDINANCES; PROVIDING AN EFFECTIVE DATE
WHEREAS, [he beaches of the City of Atlantic Beach, Florida, serve
as a prime nesting habitat for hundreds of sea turtles, and
WHEREAS, [he sea turtle is an essential member of the food chain and
hes been identified as a threatened and endangered species, and
WHEREAS, rapid coastal development threatens the survival of turtle
ha[chlings because the artificial lights cause dlsorien[a[ion in young
ha[thlings, and
WHEREAS, [his Ordinance is necessary [o protect Che natural
reproductive cycle of the sea turtle during [he nesting and hatching
ecnnuns wLld, ruuv Cann May 1 lb rough UcCUber Jl each year, and
WHEREAS, [he protection of sea turtle ha[chlings is in [he interest
of the public health, safely, and ve lfare, and
WHEREAS, the City Commission feels [ha[ i[ Ss in the best interest
of the citizens of the Ci[y of Atlantic Beach, Florida, [o amend the
Zoning Code of Ordinances as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COI4fISSION OF THE CITY OF
ATLANTIC BEACH, FLORS DA:
Section 1. Chapter 5, is hereby amended Co create Article III,
which shall read as fol loos
CRAP[ER 5
BEACHES
ARTICLH III. PROTECTION OP SFA TURTI Vc
Section 5-25. General Provisions end E:cep[ions.
Outside Lighting in Beach Areas.
(1) Interpretations of certain terms and words are to include the
following:
a. Artificial light: Any source of light emanating from a
manmade device, including but not limited [o, incandescent
mercury vapor, metal halide, or sodium lamps, spotlights,
street lights, construe [ion or security lights. This
shall not include ElashllRhts vehicular 1iRhts indoor
lighting.
:;.......r.
C
autv#vorer-d#eebkl#c~-and--#ee~t~--Meuranea-vtogra.;-and-.any-,+orawr.~
compenemaleer~ene~f4em.
1. The votmal retirement oenslon oavable to a member of the
Section 2. This Ordinance shall cake effect upon its adoption.
* * * * * * R * * * R * R
Paaeed by the Ci[y Comiesion on Eirst reading
Passed by [he City Cosiea3on on second b final reading
Yilliam I. Gulliford
Mayor pro tam, Presiding Officer
Approved as co form and correctness:
Claude L. Mullis, City Attorney
ATTEST:
Adelaide R. Tucker, CS[y Clerk
< '-
Section 2-2%. Member Comtrl6utlone.
to-~-aria-ehe}}-Ehe-avenue}Eeed-eaeunE-ef-pewe#ee-pefd-a-xebet-ef
iha--iaa#rams--ayseaer-er-Ehe-ennee}#eed-a~eeel-ef-a}}-peeefene-paid-en
eeeeawE-e€-eAa-deeNref-a-sesber-exceed-the-differeirce-beeeeenr
E}~--8#BMYf~-pereenl-ef-lhrweeberle-fine}-erere8e-ee~npeneetien;
aed
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!he-€edere}-w}d-e8er-eurv#verer-d#esi!}##y-aM-haaiEA-Saewsaaar
__~_-#w--t6c--evenE--e€-Fha--JaaE7aaE-Hw-wabafr~a
awnse}#eed-pet#ed#e-bewef#E-pe#d-by-E7~e-€Nera}_a#~a8a,
-4-
eeE++it1+e[andE+~-t*et-tkrweebereny-wet-kerreetiefied-[iK-M~MSHene-ef
tYC-tiaMwt.
Sectiw 2-285. ~>>v awcot of pemion.
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sssiissi-yswlw--ia--€sreeyag-wes~tastwa~ew-~tsisay~rMemi~he~esrdb€
eweseM_-€iNs-~---w-a.peM.s6~.pee-EMsiembe.-ferbE-leeec-fifer-Fse}
pessemG-~EJtia(JMC-wPPaK~11G-tB-liE~k~f-&iseslld~-membsr--A"mem6sr~er
fiesaslsk-yssee~___'Fi~s-ssmieafiee-sf ~essEicisey-ehef~~c-ie-rrteissbed
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Mp~l~mMfr--'DplQ--l~fl-~edeh--Sf aylebll~YMS-Mee~1.R~fd~lleeiMfeMbf
beee~4efs~f`--fs--fxesr-eMe~eerEfeksr'yrtf-I4rfasrbhell~-0s-paid-s-leak
ofrsishl--kefs-7eesis+*-Kempsled--eeesrdi*6-ee ^-e~oR-292Bk-hr-fhe-eems
msewer--4e-elk-tespeeesas-tE-N+eyeebsr-hsdc2eeeed4plfen-k-pre'tded-ler
5eefiew___Z.•}g~__bs,}__~~.}ted__~~__~~__ ______..o__irisf#r_r-deseirc
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in the manner specified in this secclon. My member retiring
under this section shall be examined periodically by a duly
qualified physician or surgeon or board of physicians and
surgeons to be selected by the Eoazd of trustees for that
purpose to determine Sf such disability has ceased to exist.
Section 2-283. Death while is city employment; eleeti~e wrvi~or
pension.
i}~et-t}etmember-ia-menea}firer-pl.ye#aa};Y-te6aaay-iaeepeeiteeed
iar--raatimwad-amplayasai-bi'-tAa-City-that-the-iweapeitY-wi3i
,pryyabyy-yo-r •- _md-tha-wmLar-ahawl~Lba-rat{radi
ja)__TLe-_bwatd-_<f__ttyetaaa-auucuta.witirth~eeeaitieetiew-af
th~nedi,caLdiroctar.
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aa-Sallawt
{i~-iswiit-grewp-tt:w--r{,~{~-Yeaea}
{2)__Jemetit-grawp-palteat--8lva-{~-Y~e1
{3)-iew€4t-BawtSeweea-l~--Fi+~{ij_Yeera .
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Eeem}mee}en--s}--a}ty--amp}eymener---the--d#eeb4}#ey-cee#cemene
ehe}}-be-enb}cal-ee-ecee}en-}-288.
(3) A member will not be entitled to receive any disability
re[iremest income if disability Ss as a result of:
~.,.,
ORDINANCE N0. 58-BB-13
AN ORDINANCE AMENDING THE ORDINANCE CODB OP TBE CITY
OP ATLANTIC BEACB, FLORIDA; AMENDING CBAPTER 2,
ARTICLE VI, DIVISION 3, SECTION 2-262 1'O CLARIFY THE
DEFINITION OP COMPENSATION 50 AS TO INCLUDE INCENTIVE
MONIES AS DEFINED IN CHAP[ER 93.22 FLORIDA STAMES;
REPEALIIIG SECTION 2-279 AND PROVIDING ftIR A NEN
SECTION 2-279 70 BRING TeE DISABILITY STAKES YITRIN
TBE PRAlO?IpQ OF CBAPTPR 175.191 AND CRAFTER 185.18;
AIO~IIIC SECTION 2-283 Y'O ALLW THE EMPIAYEE TO
CBOOSE RIS BENEFICIARY: M®IDING SECTION 2-280 TO
BRING TBE MARIMUM AMOONT OP PENSION INTJ CONFORMANCE
NITS PIARIDA STAMPS CBAPTER 112.65 SUBPARACRAPR l
AND S06PABACBAPR 2; PROVIDING AN EFFECTIVE DATE
8E IT ORDAINED BY THE CITY COlD1I SSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA
Section 1. Chapter 2, Article VI, Division 3 is hereby amended to
make changes in Section 2-262, 2-279, 2-283, and 2-285, and said sections
shall read as follows:
GRAPIER 2
ADMINISTHAYION
ARTICCe vI
DIVISION 3. Retirement Syatu
Section 2-262. Definitions
Compensation shall mean [he salary or wages paid a member for
personal service rendered the City.' Compensation shall include btse
salary or wages, longev i[y pay, overtime pay, cos[ of living payments,
salary or wages while absent from work on attoun[ of vacation, holiday,
or lllnese, and incentive pay as defined Sn Chapter 943.22 Florida
Statutes. Compensa[fan shall not Snclude redemptions or payments in
conslderatlon of unused vacation time or sick leave, the value of any
fringe benefit, uniform allowances, equipment allowances, reimbursement
of expenses, or any other item no[ specifically included.
Section 2-279. Disability Retirement - General condition for
eligibility.
caj--Hpert--lhe--app}}eatten--ef-e-eewber-ef-Nee-re€}ramawi-syaCaw~s
the--memberie--dcperlaeaE--headr--a-m»bac-la-bbo-arplay-a£-Chs
efry-whe--beeemee--€efa}}y__awd--paarawaaaly-iwaapxiGatad_Soz
amp}eyeene--by--ehe--E}ly--by--reeaen--ef--e-peraene}-4njery-er
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saralaa-spaal€Sed-iw-sabcaailaw-Fb}-way-6a-Lasifed-by-aba-baaid
ssi}aai-ae-iha-€a}}er}wg-ee96}i}eaea
4}}__ghe-member-€e-mad}ee}}y-ewew}wed-by-es-awder-she-d}eeei}ew
e€-iha-awd#ea}_d}Leefer}
fd9--#'hs--wdlee}__d}eee€er--eer€€€#ee-Le-ibe-based-a€-isaefeee
Fi1ei-iha-camber-}s_~ewia}}y_er-pbye#ea}}y_Lefa}}y_}weapee}Lefed
r
Page I4o
Ordinance No.
Passed by [he Ci[y Commission on firs[ reading
Passed by [he Ci[y Commission on second b final reading
Nilliam I. Culliford
Mayror pto tem, Presiding Officer
Approved as [o form and correctness:
Claude L. Mullis, Ci[y Attorney
ATTEST:
Adelaide R. Tucker, City Clerk
ORDINANCE N0. 55-88-22
AN ORDINANCE AMENDING THE ORDINANCE CODE OP THE CITY
OF A17.ANTIC BEACH, FLORIDA; AMENDING CRAFTER l6,
SECTION I6-7, SUBPARAGRAPHS 1, 2, AND 3, TO PROVIDE
POH AN INCBEASE IN F.PSIDENTIAL lYASH AND GARBAGE
COLLECTION; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COPLMISSION OF THE CITY OF ATLANTIC BEACH
FLORIDA
Section 1. Chapter 16, Section lfi-7, Subparagraphs 1, 2, and 3 are
hereby amended to read as follows:
CHAPTER 16
REFUSE AND GARBAGE
Sectfoa 16-7. Peee for collection
All residents, occupants and Dune rs of premises in [he City who have
not arranged for private disposal of garbage and crash as elsewhere
authorized in this article shall have the accumulations of garbage and
trash zemoved and disposed of by Che Sanitation Beparemene Division of
[he City, and for [he service of garbage and [rash removal shall pay the
dizectwx-a€-€}aenee City of At lancic Beach [he sums shown below for each
service:
(I) Residence A unit: For each residence A unit, henry-erte
do}}ara-F;2}„DO} thirty-six dollars (536.00) per quarter.
(2) Residence B unit: For each residence B unit, t~ertty-one
de}}ara-Fib}r68} thirty-six dollars (536.00) quarterly per
living unit.
(3) Residence C uni r. For each residence C unit, t.eney-orte
daLLaFS-(;2~L.69} thirty-six dollars (536.00) quarterly per
living unit; }€~fen€ra}-pfcknpcf-SarbaRc-ertd-crash-pFeced-f~n
aaatala6Far'~MpaFeMr-twa-F2}Z-eb}eyrerda-f nrer4shed-and
maiaca1wdky-chaff.4Fyr-ene~undred-f<rty-F}ra~eLFars
(,.f14S,04}~.acieFLy~F-eexFaiwerr•ene-dablar-artd-Mkrtr-€£rc
oats-(SL 3S}. if central pickup of garbage and [rash is
required as determined by [he director of Dublic services a
container or dumpster will be furnished and maintained by the
City and the cos[ [hereof will be one dollar and thirty-five
cents (f1.35) pet yard pet pickup.
Section 2. this Ordinance shall become effective January 1, 1989.
A- -
9t-
November 2, 1988
Mr. Greer C. Tidwell, Regional Adm.
United States Enviroruoental
Protection Agency, Region IV
345 Courtland Street
Atlanta, Georgia 30365
Re: Public Hearing
Lambert Seafood Company
NPDES No.: FL0040576
Dear Mr. Tidwell:
OFFICE OF 7HE bL1YOR
rHOws t. x.voua)
' la<Asem rlle. Flor~do
)2?0?
I would like to thank the Environmental Protection Agency for
scheduling a public hearing regarding the proposed issuance of a-
National Pollutant Discharge Elimination System permit to Lambert
Seafood Company. It is very important that the people of
Jacksonville have the opportunity to comment on the environmental
impact of this plant.
I would, however, request that you consider moving the hearing -
from the Hospitality Inn, which is in downtown Jacksonville, to a
location closer to the proposed plant. We would like for anyone
who may be affected by the issuance of the permit to be able to
attend the hearing. Please let me know if I can be of assistance
in finding a location closer to our beach communities.
Thank you for your Consideration of this request.
With best wishes pnd warmest personal regards, I remain
(}~ V
/ :.THOMAS L I
" TLH:a
cc: 'Congr ssman harles Bennett
Councilman Jim Jarboe
Mayor William S. (Billy) Howell/
Mayor Iah Brant
Mayor Robert O'Neill
~::.. ,.
r
CITY OF ATLANTIC BEACB
Employee Assistance Program
3 Month Evaluation Report
1988 Year
PROCESS EVALUATION - Period of July 1 Chcough September 30, 1988
PURPOSE: This brief report is a collection of statistical data
pertaining to the operation of the EAP program. The
data represents program utilizaticn and does not in
itself display the efficacy of the pr og cam.
EVALUATION/COUNSELING SESSIONS: The program had ~~ clients
enter the program for initial
evaluation and counseling. The
types of referrals and the types
of probelms presented are as
listed below:
~~ Self
-L Management
-2- Family
~ Other
~ Alcohol/Drug
~ Psychological
~ Marital/Family
Q Financial
Q Legal
~ Stress Related
~ Other
1. TOTAL NUMBER OF COUNSELING SESSIONS: ~§_
2. TOTAL NUMBER OF NEW CLIENTS: 1~
3. TOTAL NUMBER OF CLIENTS IN THE EAP WHO ARE RECEIVING
ADDITIONAL ASSISTANCE FROM OUTSIDE AGENCIES: 1_
4. MANAGEMENT CONSULTATIONS: ~_ Manager Consultations were
held with an EAP Counselor.
5. REFERRAL CONSULTATIONS: ~,L Sessions were held with outside
agencies.
6. HEGPLZNE CALLS: -L Employee contacts were made through the
Aelpline number.
TOTAL NUMBER OF CONTACTS FOR THIS PERIOD: ~~ (TOTAL OF 1,4,5
AND 6 OF THE ABOVE)
*Hazelden Benchmarks 7.5$ = 8 Clients Annually
REAP/Cty of At1.8ch. Expected Utilization 108 = 10 Clients Annually
Actual Utilization (Annualized) 528 = 52 Clients Annually
*Haxelden 1983
6~S Merrill Lynch
Citp of Atlaatio Haach
eun Bank--Intaraadiata Tizad Incoaa Turd
Portfolio characteristics
June 70, 1988
Average Maturity 2.8 years
Average Coupon 8.3$
Average Quality* 2.66
Current Yield 8.46$
Divarsifiaatioa
Reserves 2$
Government 0$
Agency 3$
Corporate 1a$
Finance 50$
Utility 23$
Other 4$
1~
aun Bank--Ii:ad Inaoma Tend Portfolio Caaraatsriatica
Average Maturity 5.9 years
Average Coupon 9.2$
Average Quality*, 3.1
Current Yield 8.95$
Divaraifieatioa
Reserves 58
Government 46$
Agency 0$
corporate 11$
Finance 33$
Utility 0$
Other 5$
*4.0=AAA, 3.0=AA, 2.0=A, 1.0=BAA
100
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6~,S Merrill Lynch
FZSED INCOME PERFORMANCE
For the quarter ended 6-30-86 your fixed income portfolio
return vas +1.3$ vs. 0.8$ for the intermediate term bond
index.
• For the last nine months, your fixed income portfolio
return has been +9.5$ vs. 9.4$ for the intermediate term
bond index.
* The avenge maturity of your bond portfolio on 6-30-88 vas
3.4 years.
9
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6~£,S Merrill 6ynch
City of Atlantic Beach
Sun Bank Corporate Equity Fund
June 30, 1988
$ of Tota
Fund
Cash i Equivalents 13.0$
Convertible Securities:
Telecomm. Pfd. A 6.5$ 8/15/11 2.1
IBM 7.875$ 11/21/04 1.9
Telcomm Pfd. A 6.5$ 8/15/11 1.6
Other .6
cocoon stocks:
Alberto Culver "A" 1.6
American Express 1.4
Amoco 1.9
Apple Computers 2.1
Bristol-Myers 1.7
Browning Ferris 2.1
Champion Int'1 1.7
Colgate Palmolive 1.6
Computer Associates Int'1 1.6
Computer Sciences 1.6
CPC Int'1 3.6
Digital Equipment 1.2
Dow Chemical 3.0
Eastman Kodak 1.2
EXXOn 1.1
General Electric 2.8
Genuine Parts 1.1
Gillette 2.0
Gulf Canada Resources 1.1
Johnson 6 Johnson 3.7
Kinder Care 1.9
Liz Claiborne 1.2
Masco Corp. 1.2
Hasco Industries 1.3
Merck 1.0
Minnesota Mining S Manufacturing 1.7
Monsanto 1.2
Parker Hannifan 1.8
Public Service Enterprises 2.3
Quaker Oats 1.4
Reuters Holdings 1.5
Tandem Computers 2.2
Telecommunications Inc. 1.6
Walmart Stores 2.5
Waste Management 1.1
Others 18.6
100.0 8
«- s
;~,_.
6~3,S Merri116ynch
city of Atlantic Beach
Sun Bank Corporate Equity Trust--Portfolio Characteristics
6-30-88 -
sun an S 6 p 500
Dividend Yield: 2.64$ 3.56$
P/E Ratio 14.7 14.7
Beta 1.07 1.00
Market Capitalization ($B) 9.2 13.7
INDUSTRY DIVEReIFICATION
Sun Bank S & P 500
Building 5.1$ 1 8$
Consumer Discretionary 12.2$ 13.0$
Consumer Staples 18.3$ 13.6$
Energy 8.4$ 12.8$
Financial 3.9$ 7.6$
Health 9.5$ 7 8$
Materials and Processing 12.2$ g,7$
Producer Durables g,g$ 7,1$
Technology ~ 11.1$ 15.1$
Transportation 2.8$ 2.2$
Utilities 6.5$ 10.3$
Other 0.3$ 0.0$
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6~S Merrill lynch
EQUITY PERFORMANCE
* For the quarter ended June 30, 1988, the equity fund
earned 4.28 vs. 6.7$ for the S 6 P 500.
+ For the last 9 months, the equity fund has had a return
of -10.0$; -12.73 for the S S P 500.
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TOTAL PORTFOLIO
• Total fund Value as of June 70, 1988 was $1,673,920.
* Increase of $31,607 from the previous quarter.
• Increase of $48,920 from the original investment.
* Total fund return for the quarter was +2.1%.
• Total fund return year to date was +6.5%.
* Total fund performance was slightly less than the 30/70
Policy Index of 2.5$.
* Fund allocation on June 30, 1988 was as follows:
Equity Fund $469,595 2a.1%
Intermediate Bond Fund $1,034,728 61.8%
Fixed Income Fund $152,478 9. 1%
Cash $17,120 1.0%
$1,673,920 100.0%
1
a:s
Merri116ynch
August 28, 1586
Merrill Lynch,
Pierce, Penner & Smith Im~.
36W SoufA 7Tird Street
Post O11ice Box SI3tlf1
lacYsonvilk Beach. Florida 3?25U
909 299 7255
Mkaael A. GBrrway
Vice Resident
M<89u A. Spires
Rnancial Consultant
city of Atlantic Beach -
Employee Pension Fund Trustees
716 Ocean Blvd.
Atlantic Beach, Florida 32233
Dear Trustees: I
As of June 30, 1988 your total portfolio was $1,673,920.
This represents an increase of $48,920 from the original
investment made on October 1, 1987.
Your actual total fund return since October 1, 1987 was '
+3.4$. Although specific relative ranking are not available
for the nine month period, we feel your fund's return of
+3.4$ is quite satisfactory given the condition of the
market. The stock market (S & P 500) produced a return of
-12.7$ for the same period. Your positive rate of return
during this period is obviously a result of your very
conservative asset allocation policy.
Both your equity and fixed income portfolios have slightly
outperformed their respective indexes since inception (last 9
months).
If yov have any questions regarding this report, please feel
free to contact me. -
Sin /c / /e/ ' / y //~ /l y ,
/ 1/`l~-
Michael A. Callaway
MAC/bjb
.
6~S Merrill 6ynch
City of Atlantic Beach
Employees' Pension Fund
June 30, 1988 Summary
Michael A. Callaway
Melissa A. Spires
Merrill Lynch
3600 South Third Street
Jacksonville Beach, Florida 32250
904-249-7255
iv. J'
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SMITH AND GILLES PIE ENGIN EEN S.INC. The Honorable Mayor aRd Ci[y COmm1s510R
City of Atlantic Beach
56G Project No. 8505-12-01
October 18, 1988...Page 2
This plant expansion would be based on the Carrousel activated sludge process
and would give the City a total plant capacity of 6.5 HC D. We believe [hat this
total plant capacity would be adequate for buildou[ of the Regional Service Aree,
excluding [he Nayport Naval Base, which has indicated to our firm [hat they would
not be interested in having the City of Aclant ie Beach handle [heir wastewater
at this time.
The Carrousel process has become very popular over the last decade due to its
low cos[ of construction and operation. Furthermore, it produces and exceptional
effluent, with typical values on the order of 5.0 mg/L of BODY and 5.0 mg/L T85.
Our firm has designed wastewater treatment plant expansions for several of our
clients using this process with great success. One of our more recent projects
vas for the City of Bradenton, Florida, and this plant was chosen as one of the
five best operated treatment plants in Florida this past year by the Florida
Water Pollution Control Federation.
Should Che City wish to look further into the possibility of using the Carrousel
process, ve would be happy to arrange a field trip down to the Bradenton W'WTP
for several of the City's staff to inspect the plant and Calk with the operators
at the plant.
Smith and Gillespie Engineers looks forward [o the continued opportunity [o
serve the City of Atlantic Beach on this crucial project and if we can be of
further service, please do not hesitate to contact us.
Sincerely,
Benjamin David Avery, P.E., ASLA
SMITH AND CI LLESPIE ENGINEERS, INC.
BDA/kb
cc: Nr. Richard Fellows, Ci cy Hanager
Nrs. Adelaide Tucker, City Clerk
Claude Mullis, Esquire, City Attorney
Mr. Don Ford, Acting Director of Public Services
Nr. Tim Townsend, Superintendent of Voter and Sewer
Nr. Harry McNally, Buccaneer VWTP
SMITH ANG GILLES PIE ENGIN EEHS.INC.
+ sliaa
JhCN50HVDILLE Ef LO HIDA 32201
190 h1 >a3 6950
IM µ~`~
October 18, 1988
The Honorable Hayor and City Commission
City of Atlantic Beach
Post Office Drawer 25
Atlantic Beach, Florida 32233
Subject: Proposed Expansion of Atlantic Beach
Wastewater Treatment Facility
Sfil: Project Ho. 8505-12-01
Atlantic Beach, Florida
Dear Mayor Howell and Gity Commissioners:
Pursuant to your authorization of June 27, 1988, Smith and Gillespie Engineers,
Inc. prepared and submitted to the City the Feasibility Seudy on Consolidation
of the City's and the Buccaneer Vas tewater Treatment Plants. This report vas
accepted by the City Commission at their regularly scheduled meeting on October
10, 1988. According to your June 27, 1988 letter, authorization for Part 2 of
our letter proposal for the design and preparation of plans and specifications
for the expansion of the City's vas teva[er treatment facilities is contingent
upon acceptance of the recommendations of our feasibility study. Smith and
Gillespie Engineers, Inc. is therefore ready co proceed immediately with Part
2 of this project upon receipt of authorization from the City Commission.
Ve wish Co make several clarifications vh ich ve feel will help Che City in
deciding whether to move ahead with Ch is project. First, in our letter proposal
for this project, dated June 23, 1988, ve stated [hat our [oval compensation
for Par[ 2 of this project would not exceed ten (10) percent of the total cost
of construction, unless agreed to in writing. Nov that we have an estimate of
the cost of construction we are in a position co revise this estimate down to
approximately six (6) percent of the Cota1 cost of construction. This number
is i:, accordance with the fee cure incorporated into our continuing engineering
services contract with the City of Atlantic Beach. Obviously [he final
percentage will be determined based on the actual cos[ of construction at the
time that bids would be taken on [he project.
Secondly, at the request of the Mayor and City Hanager, we met with the City
Clerk to determine what available land presently owned by the City is available
for the expansion of the Atlantic Beach Vas[ewater Treatment Plant and whether
the land area is adequate for all future expansions necessary for complete
but ldou[ of the City's Regional Service Area. Based upon information received
from the City Clerk and after careful evaluation of the available, undeveloped
area presently owned by the City, ve believe [hat there is adequate land to
construct a 4.5 MGD plant expansion at the Atlantic Beach Wastewater treatment
Plant, crosisting of two parallel 2.25 MGD treatment plants.
The Facilit
The Community plans to construct the Facility on a
portion of approximately 153 acres of land owned by the
Community. The first phase is to consist of a community
center, 108 residential apartments, a health care center
consisting of 20 personal care beds, a clinic and 59 skilled
nursing beds, 13o single family cottages and 66 duplex
cottages. See "THE FACILTY".
Nature of Obligations
To the extent not paid with money drawn under the
Latter of Credit, and except to the extent payable from the
proceeds of their initial sale, the Certificates will be
payable solely from revenues of the Community obtained through
the operation of the Facility.
To provide for the payment of the Certificates, the
Community has caused Banque Paribas, a banking organization
existing under the laws of France, acting through its New York,
New York branch pursuant to the Reimbursement Agreement to
issue its irrevocable, direct-pay Letter of Credit to be dated
the date of delivery of the Certificates. Pursuant to the
Letter of Credit, the Bank is obligated to honor drafts to pay
the principal and interest components and the Demand Purchase
Price of the Certificates. The Letter of Credit will expire on
August 18, 1995 unless extended by the Bank.
The obligation of the County to make the Installment
Payments is limited and the County is so obligated only to the
extent of money provided by the Community pursuant to the Sale
Agreement, including the proceeds of the Letter of Credit and
of money realized through the disposition of collateral for the
Certificates. The Certificates are not payable through
taxation and neither the Certificates nor the obligation of the
County to make installment .payments are a debt of the County or
of the State of California, or any political subdivision
thereof, within the meaning of any constitutional or statutory
limitation.
Available Information
In addition to the information contained herein, the
Community has authorized additional information to be provided
upon request from a prospective purchaser of the Certificates
in this offering. Inquires should be directed to the Community
in care of llr. John Rape, Underwood Neuhaus 6 Co. Incorporated,
909 Fannin, Houston, Texas 77010.
SUMMARY STATEMENT
This Summary Statement is subject in all respects to the more
complete information contained in this Official Statement. The
offering of the Certificates, as hereinafter defined, to potential
investors is made only by means of this entice Official Statement,
including the Appendices hereto. No person is authorized to
detach this Summary Statement from this Official Statement or
otherwise use it without this entire Official Statement, including
the Appendices hereto. Definitions of certain words used in this
Summary Statement and elsewhere in this Official Statement are set
forth in Appendix B hereto.
The Offering
The offering consists of L61,650,000 principal amount of
Riverside County, California 1988 Variable Rate Demand
Certificates of Participation (Air Force Village West, Inc.
Project) to bB issued by the Trustee pursuant to the Trust
Agreement. Each Certificate consists of a proportionate interest
in the right to receive Installment Payments to be made by
Riverside County, California pursuant to the Purchase Agreement.
The County
Riverside County is a duly organized and existing political
subdivision of the State of California and is authorized by
California law to enter into the Purchase Agreement, Sale
Agreement, and Trust AgieeBment.
The Coaammity
The Community is a California non-profit corporation
incorporated in 1984 for the purpose of providing retired U. S.
military officers, their wives or widows, and dependents with
housing facilities and services specially designed to meet the
physical, social and psychological needs of those persons and tg
promote their health, security, happiness, usefulness, and longer
living. The Community's sole business activity is the
development, construction and operation of the Facility.
Use of Proceeds
The proceeds from the sale of the Certificates will be used
to (i) finance the acquisition, construction, and equipping of the
Facility and the initial operations of the Community (including
the repayment of interim loans and payment of funded interest and
Letter of Credit fees), (ii) establish a reserve fund, and (iii)
pay certain costs of the issuance of the Certificates. See
"ESTIMATED SOURCES AND USES OF FUNDS".
NEW ISSUE Standard k Pswr's: AA+/A-1+
($ee "RsslinH-herein)
U tlsr oPb•tnrs of gdak Rod f. Canvball, SPn;ol C C wd•. rsvnng kw. reau/atbv a.d jadwl d•...ws. ad .a,.,.o~g o.wa rrM
wseYr. aook saaarn rorrrsaro. tM po.tsm o(tlr butalinunt Peymnm Wd da Panty and dr,wmin.rrd m buernt at sAe Variab4
Rw sa•/s Radar AOw.swa (M•injsar dyfmd/ tad rru4.d by Nr Oux.. of dr Gn)kare. i. rsd~drd f^^..vo•• uvamrfvrhdrrd
urlwo~~ utd Y sal an qat oltu svrfaranrlor muao+a• olsAe dsnmsivr niNnwn su trprrd on indnvdaa4 and mrpoewaa, asreor sAOt
wrA miwh .av fit rakl«* M Ynka(oa a Ms adwrnd roe Md in.om• ud ad/u•ud n.ruu ..niro /nr.r.ur m•wrosws• h• p+>rorr• of
oslsu4tusa ahwartor.r(rmsaafca646aonra /n the apmson ISwaa(Couwl,rlu ports 7dr lruallmem P.ywms•paid 6y dv Cm.,ry a,d
daronwW r krt•rrs radar tAr hdar Apremme wd .weiead by she p,xm aJ W G.•ifrntm v r.nnyt J.o.r prsrnr Sae of ta~Irunn
Paraarrd fassrv tam. Speal (.irarael spear ro osanan •rgadag otM Irdnal or ra4 inrome tar on,•evrnr.• rebtsng a the an+ual ,..
.wayd of the ianrnat osvponM of ur• InrW(mmt Payr~ma so w by (btu. o/sAr C•.skaa•. Sr'-fAT EXEYPDOh'.• Mein. ••
~arls~r~
1968 VARIABLE RATE DEMAND CERTIFICATES OF PARTICIPATION
AIR FORCE VILLAGE WEST, INC. PROJEC."C) _
videvcieR(( Ptoponfomle Interests Iv Installment Payments
To Be Pa(d By The County of Riverside, Cali(umia Dated: August 15, 1986
Dur. August 1, 4018
Fxh Certlicale of Participation ("Certifinle") evidences a proportionate interest v(the (honer [hereof in Installment
Paymenb [0 fie paW by the County of Riverside, California (tl:e "County") pursuant to au Inrtallment Purchase Agreemtnt,
dated u of Assgup 1, I9BB (the "Purchau AgremenY') between the County and Air Force Village Wesl. Inc. (the
"Community"), utsdp which the County will purchase the Site (hereinafter defined) and improvements thereon from the
Community subject to the optlon of the Community to repurchase the same. At the initial sale and delivery of the
CertlBeatn ~deseribed 6erety the Community will emrcirc its option to repurchase the Site end improvemeetz thereon. The
Certificates are issued pusuant to and secured by a Trust Agreement among the Counpt the Cemmuniry and Security Paific
NWOrmI Beek u trustee (the'Trustee") and will. Bareyt to the extern yable from the proceeds thereof sari other money
and other secvdty pledged ihercfor, be payable solely from revenues otPthe Community az hereiru(ter described.
To secure the ymeet o(t6e prncipal eland interest on the Certificates. Ib<Community haz arranged fur an irrevoable
dusxt-pay letltt M coedit (the "Letter o(Credit") to be issued by
BANQUE PARIBAS
(the "Bank") The Letter a(Credit wJl espirc on August IB. 1994, unless extended by the Bank and will permit the Trustee to
dre av amomt sv®Ment to pay (i) the principal of the Certi6catn hen due at the slated maturity thereof or upon
redemption or declaration of acceleretion. (ii) uD to IIS days' acerued interet at the maximum rate of interest on the
CertScattt whey due at any Interest Payment Date (az hereinafer defined) and upon redemption or declaration of
aeeeleretlon. and flu) the Demand Purchau Price (hereinafter defined) in conntttion with optiosul or mandatory tender az
described herein.
The Certi6eatn are issuable az fully repstertd certificates in denominations o(g50.Of10 and any integal multiple thereof.
The panripal components o(Certi6nles will be payable at the principal corporate trust oBce o(the Trustee. as paying vgrnt.
The interest component oRhe Certificate will accme from (heir date until stated maturity or prior redemption, payable on
the first Bssdxss 0.y (htteirtafler defined) on or after February 1, May 1. August 1, and November 1 (each an "Interet
Payment Date"), of each yen commencing November 1. 1968. (merest on each Certificate u payable on each Interest
Payment Date to each person who on the Peened Date for such Interest Payment Dale is the re~stered (honer of such
CertSnte acrnrdivg to the books of the Trustee. Such interest is payable (i) by check mailed to such Owner at the address
specified on [he books of the Trustee, (ii) by federal funds wire upon written request to the Trusiee by any such Owner xho
owns not lea than g1,o00,o0D in aggregate principal amount off<rtifintes. or (iii) in any other reasomble manner az to which
tificates arc sub)ett-to optional and mandatory redemption az more fully described hnein.
nest component of the Certi6nte rill amrue initially at the Variable Rate. a variable rate of interest of not to
ptt amum, to be determined weekly by Undnwood Neuhaus h Co. Incorporated, az remarketing agent (the
ig Agevi ). The Certi6ntes are required lobe purchased on demand (in sWM compliance with the terms staled
deaai0ed herein) o([he Owner thereof upon nobre and tender to Security Pacific National Trust Company
u lender agem (the'Terder Agent"). From and to the extern of the sources described herein, at a price equal to
prioripal ~mouvt Ihereo(pln accrued interest at the Variable Hate on any Business Day prior to the Conversion
!fIT OF RIVERSIDE TO MAKE 7HE INSTALLMENT PAYMENTS PURSUANT TO
IMBED AND I5 PAYABLE. ONLY FROM AND TO THE EXTENT OF LANDS
E ACCOUNT OF THE COUNTY FROM THE COMMUNRY AND MONEY DMWN
1R REALIZED FROM THE SALE OR OTHER DISPOSR[ON OF COLLATERAL
IHE CERTIFICATES ARE NOT PATAeLE IN ANY WAY BY OR THflOUCH
CATION OF 7NE COUNTY TO SAKE THE INSTALLMENT PAYMEN75 NOR ANY
F OF THE COUNTY OA OF THE SPATE OF CALIFORNIA. OR ANY POWTICAL
IE MEANING OF ANY CONSTfil71TONAL OA SfAM08Y LIMRATION.
to prior vle. when, s and if issued and accepted by the Underwater. subject to the
ae Superior Court oI the Slate n( California fur Riverside (:ounty in tht validation
t of a legal opinion of Kutak R«k k Campbell, Omaha Nebraska, Special Ceunsrl.
legal molten will fie posed upon for the Count' by the oBce of C;ounry Counsel.
y y' Best. Best h Kaeger, fliverslde. Califomia; for the Bank by the Bmk's General
r, Nrw York and by Vinson h Elkins. Houston, Tesas: and for tAe Crrderwater by
s expected that the ('.erti6ntes rill br available for delivery in definitive form on or
therefor in New York. New Ymk.
UNDERWOOD, NEUHAUS t& CO.
INCORPORATED
Tix tlste tN 8tis ORiciel Statement is August 78, 1988
Iqv 10 '9H 2O~i3 nnn39$4, 'a7`1 FCLEY_8_LGfiCi EF F ~~--~--~ ~ ~~
pRQ76CT D68CRIlTIOB
Fleet Landing will be a life Dare retirement community
providing housing, health care, traneportatfon, activities,
meals, end a wide range of amenities to Ste residents.
It will be built on 69 scree end consist of 321 living unlt•
which will be configured in 1 3-story apartment buildings of
40 npartmente •aeh and 161 tinaL family and duplex unite
scattered around the •ite. Living u~ are intended for
those capable o! independent living, and range !n site from
600 to over 2000 6q, pt,
Th• Facility surrounds a 7 acre lake, and includes a 30,000
Sq, !t. Community Center which will contain the dining,
adninietration, and public a;ewe, Aleo Fleet Landing will
have a Health Center on-site, which will initially contain 26
aseiete0 living snd 42 skilled nuseinq bode.
8 onsor
The sponsor end owner o! Fleet Landing 1^ Naval Continuing
Care Retirement Foundation, Inc., a Ploride not-for-profit
corporation exempt under the IRS provision 501(c)(3). The
14-member Board of Directors is comprised primarily of
retired U,S. Naval officers. The Board serves without
compsneatlon.
Fundino
Plest Landing ha^ received it^ development and marketing
capital through a loan from The Baskell Company.
Construction and long-term financing will come from
tax-eaempt credit enhanced bonds.
Timetable
Financing Closings Janus 1989
Construction Starts ~ Mid-1989
Construction Completions Fall-1990
Market
Retired U. 6. Military officers, spouses, and surviving
spouses. They pay en up-front entrance fee and •n on-going
nonthly service fee, hovevec ownership on the living unit
remains with the not-for-profit Board.
i
CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
iH~
~r--~-
ii ~ ii
\L__J/
~p~ ,.
^=
117J 10 '~ 2842 0003354.3051 FOLE1'_1_LiFLfEk P
Co~•ht• leads at tha h••rinq are for th• con•1d•r•tion
of the Co41••ion, and will not bind any 1•gal action to b• taken
Dy the Coaei••Son.
IF A PERSON DECIDER TO APPEAL ANY DECISION MJ1DE BY THE
COxMI88I0x NITN RESPECT TO ANY MATTER CONSIDERED AT SUCH NEARING,
8UC$ PERSON HILL NEED A RECORD OF TRS PROCEEDINGS AND, POR 9UCN
PURPO98, BUCN PERSON MAY NEED TO ENSURE TNAT A VERBATIx RECORD
OP THE PROCEEDIAGB I9 MADE, WNICN RECORD INCLUDES THE TE9TINONY
AND EVIDExC8 UPON NNICN THE APPEAL I9 TO BE BASED.
DATEDS xovmb•r 10, 1988
CITY COIORBSION OF THE CITY
OF ATLANTIC BEACH, FIARIDA
By
• a • R. Tuc r
City C1•rk
OT13NT1
.3.
\OTICE OF PUBLIC HEr.RING
BY
THE CITY CON.MISSION CF THE CITY OF ATLANTIC BEACH, FLORIDA
NOTICE is hereby gi .r `hat a public hearing by the City
Cor.~ission of the City of Atlam c Beach, Flo-ids (the "Commis-
sion"), will be held on Wednesday, Novenber 30, 1988, at the Com-
missicn's meeting to be held on said date, beginning dt 7:15 p.m.,
lcai time, at the City Ccmmission Chambers, City Hall, 716 Ocean
8.-._evard, Atlantic Beach, Florida. The public hearing will be
acid for the purpose of considering and acting upon the following:
A resolutior. approving the issuance by the City c
Atlantic Beach, Florida (the "Issuer") o£ its Variable Ra+
Demand Revenue Bonds, Series 1999 (Fleet Landing Project; :~. ar.
aggregate principal amount not to exceed S65,oo0,000 (tht ._'~_~
:.h ich Bonds are to be issued for the purpose of financing ~~ -
a part of the cost of the acquisition, construction and instr.. ~.-
tion oP a continuing care retirement facility to be known ae
":feet Landing," to be owned by Naval Continuing Care Retirere-~_
Foundation, Inc., a Florida not-for-profit corporation, and tc r, :,
lecate-i within the City of Atlantic Beach, Florida on a site ccr.-
taining approximately 69 acres oP land situated on the ea=*. sale
of T:ayport Road at the intersection of Assisi Lare and 5. __
Road (the current address for Fleet Landing being 24C= _ -~
Road, Atlantic Beach, Florida), consisting of the acq -:. ;i
approximately 69 acres of land, the construction of fc_ .e-
story apartment buildings {containing approximately 16a i_ _ng
~~nits), approximately 160 duplex and single-family living units,
a community center containing kitchen, dining, recreational and
adainietration facilities, a health center initially containing
approximately 26 assisted-living units and approximately 42 skilled
nursing beds, and related and appurtenant facilities, and the
acquisition and installation of related facilities, machinery,
equipment, fixtures and furnishings (the "Project").
The public hearing will he conducted in a manner that
provides a -easonable opportunity to be heard for persons with
differing views on th¢ issuance of the Bonds and tha location and
na`_ure of the proposed Project. Any person desiring to be heard
on this matter is requested to attend the public hearing or send
a representative. Written comments (not exceeding 25o words) to
be presented at the hearing may be submitted to the Commission at
City Hall, 716 Ocean Boulevard, P.O. Sox 25, Atlantic Beach,
Florida 32233, Attention: City N.anager.
Further infoYmaticn relating to this matter is available
Por inspection and copying during regular business hours at the
office of the City Manager at the above address.
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fYYJ 10 'f38 20~a10003354, 3051 FYE'I_8_LFkCt EP P P.2
FOLEY 6 LARONER
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[ear r7[mru.ruw NOVember 10, 1988 r•eea uu Neu
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Mx. Claude L. Mullin
Claude L. Muliia, P.A.
Suite 114
4]50 Lakeside Drive
Jackaomille, FL 37210
Re: Ptopoaad City of Atlsn~ic Beach, Florida,
Variable Rats Demand Revenue Bonds, aeries
. ao ra r r ulna Prof *1
Dear Claudr.
Wa enclose for your review and commsnt a proposed form
of Lhe Notice of Public Hearing which we discussed yesterday. 8y
copy of thin letter to Dick Fallovs, Tim Cater and Ms. Tucker, I
am caking that they furnish ma with any commanta they may have to
the enclosed notice. Attar I have rscsivtd any comments you,
Dick Pallws, Jlm Cater and Ms. Tucker may have to the notice, I
will fins112a the notice and tslacopy it to Ms. Tucker for aigna-
tura so that she may sign the notlco and talacopy it back to ma
this afternoon.
Thank you very much for your assistance with this
matter.
Yours~va/ry truly,
vV /
Chauncey w. Lover, Jr.
CML/gt1110.1
Enclosure
c: Mr. Richard c. Fallova
Ms. Adelaide R. Tucker
Mr. Jim Cater
,-
3MITN AND GILLESPIE ENGIN EERS.INC. H[. RlChard C. FellOYs
City of Atlantic Beach
SQG Project No. 8505-06-03
November 2, 1988... Page 2
We therefore request that our limit for engineering fees be increased by
$7,300.00 to $19,300.00, to cover our costs in providing extended resident
project observation for the subject construction project.
Hr. Ford has agreed that ouz request for additional engineering fees is valid.
We will be pleased to discuss our request with you at any time.
If you agree with our request, we have prepared a suggested letter of authoriza-
tion for your use. If you have any questions, please call at any time.
Sincerel ours,
HITH AND G I" •NCINEERS, INC.
Robert W. Gehrig
Enclosure
cc: Hr. Don Ford, Director of Public Services
Hr. Tim Townsend, Superintendent of Water and Sewer
Hr. John Shailer, Resident Project Representative
SMITH AND GILlES PIE EN GINEERS.ING.
P03i OFFICE 90n 53i]6
JFCMSONVILLE, FLO RIOT 32201
90 a~ )~3-6950
POBEPI V: GEN RI G. M 5
November 2. 1988
Hr. Richard C. Fellows
City !tanager
City of Atlantic Beach
Pose Office Drawer 25
Atlantic Beach, Florida 32233
Subject: Request for Additional Engineering Costs
Sanitary Hanhole Reconstruction
Selva Nar ina Drive, Seminole Road and 11th Street
SSG Project No. 8505-06-03
Atlantic Beach, Florida
Dear Mr. Fellows:
As discussed with Hr. Don Ford, Public Services Director, and Mr. Tim Townsend,
Superintendent of Water and Sever, our engineering costs have exceeded the agreed
upon limit of $12,000.00, due mainly to the increased time required to provide
resident project observation for the City on the subject project.
As of [he end of September 1988, we were $2,200 beyond the "no[ [o exceed" limit.
We estimate that by the end of construction, which currently is estimated as
November 18, 1988, we will have incurred approximately $7,300 of additional
costs. This fs directly attributable to the increased time of construction.
The Contractor, J. C. Kimberly Company, has requested a time extension on his
completion date to November 15, 1988, as described in the attached letter dated
September 22, 1988- We feel the time request is justifiable, due to the revision
required in [he manhole by Lift Station "B", and Che accident involving damage
co another manhole. Both situations required additional time to prepare the
manholes. There is the possibility that the Ci[y Attorney may consider [hat the
Contractor's insurance company may be liable for some of the increased
observation cost due to the accident.
The original intent of our resident services for this project vas to provide
part-time observation, while combining [he time with either the major sever
rehabilitation observation oc the television inspection and sealing observation.
Unfortunately, the timing for this intent never properly materialized and the
subject project required almost constant resident services due [o unexpected
difficult construction situations. Our original scope of engineering construc-
tion services also did no[ include providing resident observation at Che manholes
on 19th Stteet and 17th Street. Construction of both these manholes required
our resident observer to spend considerable time to assist the City in decisions
involving both locations.
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we have received a request fmn the Belloit Con~ny for fi~l payment
of their work on the Iake Elizabeth Water System. Fngir~eers, Sumner Waitz,
of {Deity aId Frye, has certified that all work has been crnpleted atd
Public Services Director Ford and Buccaneer Division Chief tMNally concur.
7Yie final bill is ready to be paid in the artnunt of 510,143.06.
During our neeting with Fleet landing, i[ became apparent they will be
requiring water atd sewer service within the next year or so which brings
us to the point where the city has got to start discussing and resolving
the question of whether we are going to cvd~ine the Buccaneer and the
Atlantic Beach wastewater plants, or whether we are going to go ahead and
develop than separately. You have already previously received a NPY of the
Shnith aId Gillespie report and we are including a supplementary letter of
follow up which they recently sent along.
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3. An application for a Use by IXception fran F]inxy Ttwcpe, 831
Bonita Road to upholster couches, .ove seats, aryl furniture
in his residence.
There has been srnie concern expressed by several members of the City
Commmission regardirc3 the number of so called °kxne occupations" being
processed thmu~ the city. All sorts of busiresses are now being conducted
out of the hone, and I think the intent of the Ordinance is being misused.
Without any negative thoughts from the City Commission, we are going to
urc3ertake a study of this and try to make srne remmendations on changes
in the Ordinance relative to these se called "home occupations".
There will be a number of Public hearings on Monday night relative to
other projects. These include:
1. Updating the Ordinance relative to protecting the sea turtles. We
met with Jan Johnson and have made sane significant changes in the
Ordinances. We ace sending along a copy of it for you to look over. The
amended sections are underlined to distinguish it fran the parts we have
acted on before.
2. A heazing on an Ordinance authorizing extension of the City of
Atlantic Beach utility system by the purchase of the Atlantic Utilities
facilities in the Oak Flarbor Srbdivision. Normmmally, this mould he the final
hearing on the Ordinance, but due to the requiremnents of Chapter 180 Fla.
Statutes, the Ord;.y~ canrmot become effective until, at a mininmm, 40
days after the Resolution has been introduced proposing to extend the
system. This means we cannot make the Ordinance effective until after
Deoa:ber 4th.
3. We will be introducing two Ordinances on Monday nic)ht. Ore is an
Ordinamce nakirg charges in the Retiramment system. Tfie Retirement system
changes are going to be required by the state Insurance arcs Treasurer's
office in order to release the state lblice and Fi*~*+'s monies. Tire
charges gave mostly to do with disability, refunds and contributions made
when people leave the service. We aze sending along a coPi' of the Ordinance
for your perusal. we presented it to the Retiremmant Board of Trustees at
their meeting on Novellber 7th, arcs they forward it with remmierciations to
adopt on first reading.
The seoorcl Ordinance is an Ordinance increasing residential
garbage collection fees from 521.00 per rn3`rtcz to 536.00 per quarter. This
was discussed at length during the budget hearings and is recessitatel by
what we anticipate is going to be the greatly increased costs of hauling
garbage as well as implementing a city wide recycling system.
On Wedresday, Claude Mullis and Z net with Representatives of Foley
arcs lardrer, Attorneys at Iaw, and the Fleet larding people to discuss
their proposal for wrking out a plan to utilize municipal bormds to obtain
tax exemQt status. Attorney Claude Mullis will discuss this in detail on
Moday night, but we are including a proposed Notice of Public Fleazing
which they have regmres`..ed to speed the process up. we are also enclosing a
copy of a summary statemrnt on a similar type system done for Riverside,
California on a similar type institution. 'fie city will to order no
firwrcial obligation to pay off the bonds.
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The Northeast Florida League of Cities will be meeting on November 17,
1988 at the Ponxe Resort in St. Augustine. This will he their first meeting
of their new fiscal yeaz, and election of officers and directors will take
place. Heruy Dean of the St. Johns River Water Managam-nt District will be
the speakez, and 1 hope that each rtanber of the City Commission will call
Maureen Kin4 and nuke reservations to attend. The attitude adjustment hour
is being sponsored by Instiuform which begins at 6:30 p.m. with dinrer
featuring roast turkey and dressing at 7:30 p.m.
Dutton Island which lies at the extreme western enl of Church Ft>ad, is
going to be developed ald we have received a request fran Engineers,
England, Thims, and Miller to provide water and sewer service to the
development. The site contains about 38 acres and they plan to subdivide it
into 67 single family residential lots. If you lave any questions, please
let me krow.
We are erclosing a letter fmn 9nith S Gillespie requesting their
limit of engineering fees be increased w cover their costs in providing
extended resident project observation on the replacement of the sanitary
manholes along Selva Marina Drive, Sanirlole Rxd, and 11th Street. Tfie
letter is self-explanatory and we suggest the City Camnission consider
extEndi.rg the authorization for an additional ;10,000.00.
We have received our first quarterly report fran the Cities Flnployees
Assistance Program. I am enclosing copies for each of you for }roar
infornution.
Clarents, Rummpel, G.no3win, b D/Vai, Architects will be maki.rg their
presentation to the City Camlission at the meeting on Monday night relative
a proposed City Hall. ?hey have prepared a scale model of the facility and
will have it available for your consideration. We have ascertained that if
the Commission wishes tD proceed with the construction of new city
facilities, monies will be available firm the Florida league of Cities loan
program, and we have received a crnmitment fron than for additional fords
if needed.
You may have read that Ianbert Seafood CLnpanY has made application to
open a shrimp arcl scallop processing ?last at the location of the old Run
Ruiners restaurant user the Atlantic Blvd. bridge. It appears the City of
Jacksonville and Jacksorrville's Bio-Environnental Services are both
opposing the location of the scallop plant there. fix City Commission may
wish tD take SOne dCtlOn t0 bake lt5 deslre5 known ill regazds t0 th15
pmject, since there will be a Public Hearing on it held at the Hospitality
Inn at 901 Main St. al Decanter 1st at 7:00 p.m. Mayor Hazrnlri has asked to
nmve the meeting closer to the beach. (see letter)
TMre will be three Public Hearings on applications for exceptions at
the neetirg on !today. These include:
1. An application for Use by Exception by Dawson lard Developmnt
CA. wishing to install above groud storage tanks in the Mealy
Street Industrial Park.
2. An application for Use by Exception by Chazles Biggins at 820
Sailfish Drive for a hone oavpation to operate his lawn business
out of his residence.
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CITY OF
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TELEPHONE 180112~9~2396
November 9, 1988
To: The Hororable Mayor Pro Tin and City Calaussiorers
Fran: Richard C. pYllows, City Manager
Tb: STAIUS REEl~RT
The first iten of business at the meeting on Fbtday night will be
action by the City Cam~ission to name a replacerent to Seat No. 1, the
Mayor-Canmissiorer seat which has been vacated due to the resignation of
Mayor Haell. The City Charter provides that once an appointment is made to
that seat, if it should create arother vacancy on the City Conmission, the
Crnnussion will need to fill that vacancy within fifteen (15) days. Please
call me if you have any questions regarding this period.
Fbr those of you who are interested, the Duval County legislative
Delegation will hold an organizational meeting on Wednesday, Novetber 16th
at 11:30 in the ~mrning at the City Council Clambers, 15th floor, City Hall
for the purpose of electing a Chairman and Vice Chairm~~ of the delegation.
The Girvin Road landfill is still schedulsl to close DeeanUer 1, 1988
according to the best information I have been able to receive. While there
has been sorte hint garbage trucks might be able t~ use the Dames Point
bridge, it seers unlikely ;rya~an+.~h as the city and the contractor would
have to share the liability. The most likely scenario mould be that we
would have to use the Euccarleer ferry for about a month. I have cleated
this with the ferry people and they advise the ferry will be open to
transport trucks across the river. VIe have made a test nui, and anticipate
a m;n;mm run time of one hour and 45 minutes and a maximm round trip of
apprwcimately three (3) hours. The faze to cross the river is 51.50 each
way, but you can buy a book of tickets which cuts the price in half, which
Z think we will do. If alryone has airy other thoughts in this regard, please
lzt me know. In this regard, and for ywr information, I am enclosing a
copy of the Dames lbint F]cpressway route with the rorthside landfill
colore3 in blue. This will give you sore idea of the future run the city
will her ~;.wl to make until the southeast landfill question is resolved.
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